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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 11-05-84ACTION AGENDA ll~STIN PLANNXNG COMMISSION REGULAR )~ETING OCTOBER 22, 19~ REPORTS NO. 1 11-5-84 All CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF AJ_LEGIANCE/INVOCATION ROLL CALL: White, Well, McCarthy, Puckett, Sharp PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Sh/We 1. Minutes from Planning Commission meeting October 8, 1984. move approval. 5-0 2. Resolution No. 2174, approving Variance 84-1, Lindsey 3. Resolution No. 2183, approving Variance 84-2, Drug Emporium 4. Resolution No. 2191, Use Permit 84-25, Tustin Pre-school CONTINUED PUBLIC HEARINGS We/Sh approve 5. USE PERMIT 84-23 Applicant: Larwin Square Limited on behalf of Home Savings and Loan Location: Corner of Newport Avenue and First Street. Request: Authorization to construct and operate a 2,418 square foot savings and loan in the Larwin Square shopping center. Alternative I as recommended by staff. 3-2 (McCarthy/Puckett opposed) Presentation: Jeff Davis, Assistant Planner Planning Commission Agenda October 22, 1984 page two CO)(TINUED PUBLIC HEARI#GS Pu/Sh 6. ZONE CHANGE 84-6 moved to recommend approval to the City Council by the adoption of Resolution 9188 with Exhibit A. 5-0. Applicant: Mark Fergusen Location: 17432 & 17442 Mitchell Avenue. Request: Authorization to change the zone from multiple family residential (R-3, 2000) to Planned Community Senior Residential Presentation: Mary Ann Chamberlain, Associate Planner Sh/Mc 7. REVOCATION HEARING FOR USE PERMIT 80-21 moved to recommend to Council revocation of UP 80-2f. Applicant: Location: Request: Presentation: 5-0 City of Tustin 1651 Mitchell Avenue/Windsor Gardens Apartments Consideration of revoking use permit thereby terminating the conversion from apartments to condominiums. Donald D.. Lamm, Director-of Community Development PUBLIC HEARINGS Pu/We 8. USE PERMIT 84-24 AND TENTATIVE PARCEL MAP 84-1031 moved approval of UP 84-24 and recotnd to Council approve lm ~p 84-1031. 5-0 Applicant: Albert Auer on behalf of Tustin Corporate Park Location: southwesterly corner of Walnut Avenue and Franklin Avenue Request: Authorization to develop a mixed use project consisting of 104,300 square feet of Research and Development, 39,800 square feet of commercial office and 10,000 square feet of retail commercial. Presentation: Mary Ann Chamberlain, Associate Planner Sh/We 9. ZONING ORDINANCE AMENDMENT 84-3 moved approval of Resolution 2187. 5-0 Applicant: City of Tustin. Request: To amend City Zoning Ordinance to require a conditional use permit for any business to sell alcoholic beverages. Presentation: Jeff Davis, Assistant Planner Planning Commission Agenda October 22, 1984 page three ADMINISTRATIVE MAI-FERS Old Business None. New Business None. ~AFF CONCERNS 10. Report on Council Actions Octdber 15, 1984. Presentation: Donald D. Lamm, Director of Community Development 11. Buildin9 Department Monthly Report. Presentation: Donald D. Lamm, Director of Community Development COMMISSION CONCERNS Commissioner Sharp expressed concern and wondered if the City can prohibit any further Windsor Garden type projects. Commissioner Well thanked Jeff Davis for the letter to Redhill Shopping Center. Commissioner White requested a letter to Alan Warren. He further commented that he didn't feel zone changes should be contingent upon development plans, but development plans should require conditional use permits . ADJOURNMENT We/Pu moved to adjourn at 9:25 p.m. to the next regularly scheduled meeting..5-0. AGENDA TUSTIN PLANNING CO~ISSION REGULAR MEETING OCTOBER 22, 1984 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: White, Weil, McCarthy, Puckett, Sharp PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: 2. 3. 4. (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Minutes from Planning Commission meeting October 8, 1984. Resolution No. 2174, approving Variance 84-1, Lindsey Resolution No. 2183, approving Variance 84-2, Drug Emporium Resolution No. 2191, Use Permit 84-25, Tustin Pre-school CONTINUED PUBLIC HEARINGS 5. USE PERMIT 84-23 Applicant: Larwin Square Limited on behalf of Home Savings and Loan Location: Corner of Newport Avenue and First Street. Request: Authorization to construct and operate a 2,418 square foot savings and loan in the Larwin Square shopping center. Presentation: Jeff Davis, Assistant Planner Planning Commission Agenda October 22, 1984 page two CONTINUED PUBLIC BEARINGS 6. ZONE CHANGE 84-6 Applicant: Location: Request: Mark Fergusen 17432 & 17442 Mitchell Avenue. Authorization to change the zone from multiple family residential {R-3, 2000) to Planned Community Senior Residential Presentation: Mary Ann Chamberlain, Associate Planner 7. REVOCATION HEARING FOR USE PERMIT 80-21 Applicant: Location: Request: City of Tustin 1651 Mitchell Avenue/Windsor Gardens Apartments Consideration of revoking use permit thereby terminating the conversion from apartments to condominiums. Presentation: Donald D. Lamm, Director of Community Development PUBLIC HEARINGS Applicant: Location: Request: USE PERMIT 84-24 AND TENTATIVE PARCEL MAP 84-1031 Albert Auer on behalf of Tustin Corporate Park southwesterly corner of Walnut Avenue and Franklin Avenue Authorization to develop a mixed use project consisting of 104,300 square feet of Research and Development, 39,800 square feet of commercial office and lO,O00 square feet of retail commercial. Presentation: Mary Ann Chamberlain, Associate Planner 9. ZONING ORDINANCE AMENDMENT 84-3 Applicant: Request: City of Tustin. To amend City Zoning Ordinance to require a conditional use permit for any business to sell alcoholic beverages. Presentation: Jeff Davis, Assistant Planner Planning Commission Agenda October 22, 1984 page three ADMINISTRATIVE MATTERS Old Business None. New Business None. STAFF COMCERNS 10. Report on Council Actions October 15, 1984. Presentation: Donald D. Lamm, Director of Community Development 11. Building Department Monthly Report. Presentation: Donald D. Lamm, Director of Community Development COMMISSION CONCERNS ADJOURNMENT ~IIUTES TURIN PLAN~ING 03~4ISSION REGULAR ~ETING OCTOBER 8, 1984 1 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ~LEGIANCE/INVOCATION ROLL CALL: White, Well, McCarthy, Puckett, Sharp PUBLIC O)NCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: 4. 5. 6. 7. (ALL MA1-FERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Minutes of September 24, 1984. Resolution No. 2184, Use Permit 84-15 and Resolution No. 2185, Tentative Tract Map 12273, Kahn Resolution No. 2182, Use Permit 84-16 & Parcel Map 84-1027, Hospital. Resolution No. 2181, Use Permit 84-18, Zappas. Resolution No. 2164, GPA 84-4d. Resolution No. 2165, GPA 84-4c. Resolution No. 2186, GPA 84-4a. Commissioner Sharp moved, Puckett second to approve all Consent Calendar except Item 3. Motion carried 5-0 Commissioner Weil questioned staff about the resolution for Parcel Map 84-1027. Ms. Chamberlain answered that the resolution for the map had been approved at the September 24, 1984 meeting. Weil moved, Sharp second to approve Item 3. Motion carried 5-0. Planning Commission Minut.~ October. 8, 1984 Page two CONTINUED PUBLIC HEARINGS 8. VARIANCE 84-1 Applicant: Location: Request: James R. Lindsey 653 South "B" Street Authorization to vary from Section 9495 of the Tustin City Code to permit one (1) sign in excess of the maximum area allowed, and to permit one (1) sign not otherwise allowed by Section 9495. Presentation: Jeff Davis, Assistant Planner Commission discussion ensued concerni'ng the e'kfsting sign ordinance requirements'~ Chairman White opened the public hearing at ?:¢0 p.m. The following people spoke in favor o~ larger signs and why their organization has a need for the ,larger signs: James Lindsey, James Bond, Vick Lindsey, Roger Roberts. Seeing no one further wishing to speak, Chairman White closed the public hearing at 7:50 p.m. Commissioner Puckett moved, Sharp second to approve Variance 84-1. Motion carried 4-1 (Well opposed). PUBLIC HEARINGS 9. USE PERMIT 84-23 Applicant: Larwin Square Limited on behalf of Home Savings and Loan Location: Corner of First Street and Newport Avenue Request: Authorization to construct and operate a 2,418 square foot savings and loan facility in the Larwin Square shopping center. Presentation: Jeff Davis, Assistant Planner Commissioner White opened the public hearing at 7:58 p.m.. The following person spoke: Doug Danielsen, Danielsen Design Group {architects), stated they are in agreement with the four conditions staff placed on the project. They agree with the recommendations contained in the traffic study. Commissioner Well expressed concern that the 15 minute parking area reserved for the automatic teller would be difficult to enforce. Commissioner Well moved, Sharp second per staff recommendation contained in Report to Planning Commission dated October 8, 1984 to continue the public hearing to October 22, 1984. Motion carried 5-0 Planning Commission Minut:o October 8, 1984 page.three lO. USE PERMIT 84-25 Applicant: Location: Request: Presentation: Tustin Pre School 14211 Newport Avenue Authorization to vary from the minimum lot width. Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at8:18 p.m. Seeing no one wishing to speak he closed the hearing at 8:19 p.m. Commissioner Puckett moved, Sharp second to approve Use Permit 84-25 and direct staff to prepare a resolution of approval with the conditions as proposed in Exhibit "A" as contained in Report to Planning Commission dated October 8, 1984. Motion carried S-O 11. ZONE CHANGE 84-6 Applicant: Location: Request: Mark Fergusen 17432 & 17442 Mitchell Avenue. Authorization to change the zone from multiple family residential (R-3, 2000) to Planned Community Senior Residential Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 8:20 p.m. Seeing no one wishing to speak he closed the hearing at 8:21 p.m. Commissioner Well moved, McCarthy second to continue the public hearing to October 22, 1984 per staff recommendation in Report to Planning Commission dated October 8, 1984 to consider the zone change and development plan at the same time. Motion carried 5-0 12. Applicant: Locati on: Request: SIGN VARIANCE 84-2 Tim Zienke on behalf of Drug Emporium 13581 Redhill Avenue Authorization to vary from Section 9494 of the Tustin City Code by requesting one 90 square foot pole sign and one 184 square foot wall sign~ Chairman White opened the public hearing at 8:27 p.m. The following person spoke in favor: Tim Zienke. Seeing no one further wishing to speak he closed the hearing at 8:35 p.m. Commissioner Sharp moved, Weil second to approve Variance 84-2 as requested by the applicant. Motion carried 5-0 The Commission also directed staff to draft a letter to the owner of the Redhill Shopping Center requesting that a comprehensive sign plan be implemented for the center. The goal of this plan would be to reduce the non-conforming status of existing signs on the site. Planning Commission Minutes October 8, 1984 page four ADMINISTRATIVE MATTERS Old Business 13. Initiation of Proceedings to Revoke Use Permit 84-2: Windsor Gardens A~artment, Condominium Conversion. Presentation: Donald D] Lamm, Director of Community Development Commissioner Puckett moved, Sharp second to advertise a public hearing for October 22, 1984 recommending revocation of Use Permit 84-2. Motion carried 5-0 14. Zoning Ordinance Amendment 84-2, Dish Antennae/Review. Presentation: Donald O. Lamm, Director of Community Development Commissioner Well moved, Puckett second to advertise a public hearing for November 12, 1984 to hear Zoning Ordinance Amendment 84-2. Motion carried 5-0 14.A PACIFIC BELL PROJECT Added to the agenda for Commission consideration by Donald Lamm to clarify Condition number 6.2 of Resolution No. 2177. Commission clarified that 30% of the parking spaces shall be for compact size cars (8'x16'). New Business None. STAFF CONCERNS 15. Report on Council Actions, October 1, 1984. Presentation: Donald D. Lamm, Director of Community Development 16. Report on~ and Fla s~j__Dan Char Marine/E1Camino Plaza ~/Edin~eK. Presentation: Jeff Davis, Assistant Planner Planning Commission Minutes October 8, 1984 page fi ve COMMISSION CONCERNS: Weil'questioned staff about the Tustin Automotive Center on Laguna Road and the taking of I-5 property. Well suggested the Commission study the sign code to review the sign variance regulations. Puckett suggested the Commission send a letter to Alan Warren thanking him for his ser¥ices, etc. White wanted an update on the background of the specific plan for the East Tustin area. White questioned when they will receive the traffic and circulation study for the specific plan area for Santa Fe/Edinger. ADJOURNI~IE~iT Commissioner Sharp moved, Well second to adjourn to next regularly scheduled meeting. Motion carried 5-0. RONALD H. WHITE, Chairman MARY ANN CHAMBERLAIN, Associate Planner Recording Secretary .1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2174 A RESOLUTION OF THE PLANNING- COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE NO. 84-1 AUTHORIZING ONE (1) 20.70 SQUARE FOOT TENANT IDENTIFICATION SIGN TO BE INSTALLED ON THE WEST BUILDING ELEVATION AND ONE (1) 20.50 SQUARE FOOT WALL SIGN ON THE SOUTHERN ELEVATION OF THE STRUCTURE LOCATED AT 653 "B" STREET. The Planning Commission of the City of Tustin finds and determines as follows: A. That a proper application for a variance (Variance No. 84-1) was filed by Mr. James Lindsey requesting authorization to vary with Tustin City Code Section 9495 by installing one (1) tenant identification sign' of 20.70 square feet on the west building elevation, and one (1) 20.50 square foot tenant identification on the southern building elevation on the structure at 653 S. "B" Street. B. That a public hearing was duly called, noticed and held on said application. C. That the project is categorically exempt from the requirements of the California Environmental Quality Act. D. That establishment, maintenance and operation of the use as applied for is justified pursuant to Section 9471 of the Tustin City Code. E. That the establishment, maintenance and operation of the use as applied for would not under the circumstance of this case, be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the neighborhood as evidenced by the following: 1. That as a result of the location of the building, an exceptional circumstance peculiar to the site exists since a monument type sign for building identification is not feasible. Therefore, increased square footage for tenant identification is justifiable. Also, the location of the commercial business in a predominately industrial zoned area warrants additional sign identification. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 Resolution No. 2174 Page two 2. That similar variances have been granted to similar businesses, therefore approval of Variance 84-1 does not constitute a grant of special privilege. II. The Planning Commission hereby approves Variance 84-1 subject to the following conditions: A. That the one (1) 20.70 square foot tenant identification sign for the west building elevation, and (1) 20.50 square foot tenant identification sign on the south building elevation are approved. B. That all' proper sign permits be applied for and issued prior to the installation of said sign. C. That no additional business identification signing is permitted to be installed on the subject site. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of , 1984. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary 28 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2183 A RESOLUTION-OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN'APPROVING VARIANCE NO. 84-2 AUTHORIZING ONE 184 SQUARE FOOT WALL SIGN AND ONE POLE TYPE 90 SQUARE FOOT TENANT IDENTIFICATION SIGN TO BE RETAINED FOR DRUG EMPORIUM, LOCATED AT 13582 REDHILL AVENUE The Planning Commission of the City of Tustin does hereby follows: I. The Plinntng~ommission finds and determines as follows: resolve as A. That a proper application for a variance (Variance No. 84-2) was filed by Mr. T.H. Ziemke on behalf of Drug Emporium requesting authorization to vary with Tustin City Code Sec%ion 9494 by retain~n§ an existing non-conforming pole sign (to be lowered in height from 27.5 to 25 feet and to be reduced from 125 to 90 square feet) and installing a 184 square foot wall sign. B. That a public hearing was duly. called, noticed and held on said application. C. That the project is categorically exempt from the requirements of the California Environmental Quality Act. D. That establishment, maintenance and operation of the use as applied for is justified pursuant to Section 9471 of the Tustin City Code. E. That the establishment, maintenance and operation of the use applied for would not under the circumstance of this case, be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the neighborhood as evidenced by the following: 1. That the reduction in height and square footage of the sign constitutes a substantial reduction in non-conformity and therefore meets the intent of the Tustin Sign Ordinance. 2. That in recent Commission actions similar approval~ have been granted therefore an approval of Variance 84-2 does not constitute a grant of special privilege. 3. The building setback on the subject site and the wall area of the building are such that an .exceptional circumstances exists that justifies additional sign area. 28 1 4 5 ? 8 9 10 11 12 14 15 16 17 18 19 21 27 28 Resolution No. 2183 page '~,~o II. The Planning Commission hereby approves Variance 84-1 subject to the following conditions: A. That the pole sign shall be reduced to a maximum of 25 feet in height. B. That the sign area shall consist of a 5 foot by 18 foot sign. C. That a landscape planter to be reviewed and approved by the Community Devel op.me nt Department shal I be instal 1 ed i n compliance with the Tustin City Code as it pertains to signs. D. That the front wall sign shall not exceed 184 square feet in area. E. That prior to installation of any sign, sign permits must be secured from the Community Development Department. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of ,1984. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary' 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21'/ 22 23 24 25 26 27 28 RESOLUTION NO. 2191 A RESOLUTION OF TY~E PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING THE OPERATION OF A PRE-SCHOOL AT 14211 NEWPORT AVENUE WHILE VARYING FROM THE ZONING CODE REQUIREMENT OF 100 FOOT FRONTAGE. The Planning Commission of the C.ity of Tustfn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a 'proper application, (Use Permit 84-25,) has been filed on behalf of Tustin Pre-School ~o operate a pre~schoolfor 42 children while varying from the zoning code requirement of 100 foot frontage. B. That a public hearing was duly called, no%iced and held on said application. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of %his case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The depth and size of %he property far exceed the requirements for a pre-school activity. (minimum building site 10,000 sq. ft., existing site is 15,580 sq. ft.) 2. 9 parking spaces are required, 12 are provided with ample space for a drop-off area. 3. Backyard play area far exceeds the State Department of Social Services requirements for 42 students. II. The Planning Commission hereby approves Conditional Use Permit 84-25, to authorize the operation of a pre-school for 42 children while varying from the zoning code requirement of 100 ft. frontage subject to the conditions as listed and attached hereto in ~xhibit "A". PASSED AND ADOPTED at a regular meeting of the City of Tustin Planning Commission held on the day of , 1984. DONNA ORR, Recording Secretary RONALD N. WHITE, Chairman EXHIBIT CONDITIONS OF AI~ROYAL SUGGEST~ LIS'T OF CONDITIONS IMPOSED US[ PERMIT 84-25 [. Compliance ~ith all Fire Oepart~nent regulations as outlined in Orange Coun~ Fire Department Report dated September 21, 1984. 2. Compliance with all building codes to include a change of occupancy from to E-3 rating. 3. Hours of operation shall be 6:30 a.m. to 6:00 p.m. and no children shall be on the play ground before 8:00 aim. 4. All fences and walls shall be installed as .stated in the Zoning Code. 5. Any danmged public right-of-way tmprovenmnts shall be replaced if necessary. 6. Trees and or tree wells shall be installed along the northerly property line as per city standards. .. Community Development Department Planning C;ornrnission DATE: October 22, ].984 SUBJECT: APPLICANT: USE PEPJ4IT 84-23 I~ORREY FRIEDI~AN ON BEHALF OF LARWIN SQUARE LTD. P. O. BOX 6221 ANAHEIM, CA. 92806 LOCATION: ZONING: LARWIN SQUARE SHOPPING CENTER (SOUTHWEST CORNER OF NEWPORT AND BRYAN AVENUE) CENTRAL CO~4ERCIAL (C-2) DISTRICT ENVIORN~EHTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN APPLIED FOR IN CONFOR/4ANCE WITH CEQA. AUTHORIZATION TO CONSTRUCT A 2418 SQUARE FOOT SAVINGS AND LOAN IN THE LARWIN SQUARE SHOPPIHG:CENTER. BACKGROUNO: On 0uly 11, 1983, the Planning Commission approved Use Permit 83-13 authorizing the construction of a 2,400 square 'foot building to be occupied by Home Federal Savings & Loan. Subsequently, Use Permit 83-13 was appealed and the Planning Commission approval overturned by City Council. The Council action was without prejudice thereby allowing the applicant to meet Council concerns and reapply for substantially the same use at a later date. Specific concerns of the council were inadequate parking; the use of compact spaces to resolve parking problems; traffic circulation patterns; and pedestrian hazards. In an effort to meet concerns of Council, the applicant has submitted a revised plan relocating the proposed savings and loan to the southwest corner of Newport and Bryan Avenue, and has conducted a traffic analysis for the center. As submitted, the new plan provides the proper number of parking spaces required by Use Permit 76-25 and meets the other requirements of the C-2 zone. Site Analysis The location of the new structure is generally the southwest corner of Bryan and Newport Avenues. This location was chosen in part as a result of comments made at previous City Council hearings. Community Development Deparlment Planning Commission Report October 22, 1984 page two The applicant submitted a traffic analysis with the revised site plan, describing potential traffic impacts and proposed two alternative circulation plans to reduce traffic congestion_ and increase pedestrian and vehicular safety. Since circulation and parking were then major concerns expressed by Council, the discussion of these issues will be addressed in detail. Traffic Analysis As i~dicated in the traffic study, the new use should not generate an adverse impact in relation to existing traffic volumes for the center and on Newport Avenue. Concerning traffic circulation, two alternatives have been presented by the traffic engineer that would modify the center entrance at Newport and Bryan. Presently at this entrance there is the potential for several conflicting traffic movements. Alternative 1 as shown would eliminate all of these conflicting movements and increse pedestrian safety. However, the trade-offs for this safer configuration are that: 1) traffic Will be diverted into the center of the parking lot and required to make a difficult right turn in order to exit; and 2) the restricted flow may discourage customers from patronizing portions of the center. Alternative 2 on the other hand, would allow for exiting on Newport Avenue as it occurs presently. However, ingress movements would be directed into the main drive aisle eliminating one conflicting traffic movement. The applicant also intends to use traffic control devices such as "stop" and "right turn only" signs at this junction to reduce potential hazards. This second alternative has been incorporated into the site plan and is the applicant's preferred choice. When considering the need for improved safety in the center, and the city's traffic consultant's recommendation to use Alternative 1, staff considers Alternative 1 the better overall choice. To optimize safety, stop signs and lane markings throughout the lot should also be included in the design. If the project is approved, these modifications should be conditions of approval. As to the parking and circulation impacts of the free-standing automated teller, the proposed delineation of five parking stalls adjacent to the teller restricted for "teller use only" should resolve any problems. Also, with the teller located in an area that is not otherwise conducive for customer parking, the automated teller should not present traffic related problems. Community Development Department Planning Commission Report October 22, 1984 page three Parkin~ Analysis. As submitted, the center including the proposed addition, has the number of parking spaces required by Use Permit approval in 1977. In fact, the number of spaces provided for the new savings and loan is in excess of that required by current code. The problems in the center associated with parking result from two factors. One is simply, the success of the center, and the other is the remote location of 60 parking spaces along Centennial Way. The use of compact spaces on the site is minimal. Only 18 of the ?98 required parking spaces are compact, with an overall percentage of less than 4%. This minimal use of compact stalls should alleviate the Council's concern of over use of compact spaces. Based on information presented in the traffic analysis that the new building will generate a negligable increase in traffic, and since 10 parking spaces have been added to accommodate the savings and loan, a major modification/renovation of the existing lot at this time is not warranted. CONCLUSION: When the subject center was renovated in 1977 the ratio for determining parking spaces was 1:250 square feet of floor area. There was no delineation between office or retail space. As such, the center has fewer parking spaces than would be required under current code. However, as mentioned, it would not be appropriate to require a major site renovation to make up this deficiency. Instead, staff would simply encourage the improvement to existing circulation patterns. The relatively small size of the proposed addition will not overburden the center. However, the property owner should be notified that future additions to the center would require reassessment of the center's conditions of approval authorizing the 1977 remodeling. With regards to the subject project, if approved the attached conditions listed in Exhibit "A" should be included in the resolution of approval. RECOI~ENDED ACTION: It is recommended that the Planning Commission approve Use Permit 84-23 subject to the conditions contained in Exhibit "A" attached. ~-~FF~DA~ I S, Assistant Planner JD:do attachments: Exhibit "A" - Conditions of Approval Exhibit "B" - Alternatives 1 and 2 of traffic study Site Plan/Elevations memo from Police Dept./Crime Prevention Community Development Department EXHIBIT CONDITIONS OF APPROVAL USE PEPJ4IT 84-23 10. 12. That "Alternative 1" outlined in the Traffic Study conducted by Basmaciyan-Darnell, Inc. be incorporated into the existing circulation' system in Larwin Square. That "stop" signs be placed at locations where minor drive aisles empty into the main drive aisle that traverses diagonally across the center. That the main drive aisle be delineated so that this two-way traffic is clearly indicated. That five (5) parking stalls immediately adjacent to the proposed automated teller be marked for "Automated Teller Parking Only". The final site plan shall be standardized and reflect all appropriate city standard drawing numbers. The developer shall construct all missing or damaged street improvements to said development per the City of Tustin "minimum Design Standards of Public Works" and "Street Improvement Standrds". This work shall consist of, but is not limited to: curbs and gutters, sidewalks, drive apron, street pavement, street trees and marbellte streetlights with underground conduit. A grading plan will be required for review and approval prior to issuance of a grading permit. Orange County Sanitation District No. ? connection fees in the amount of $50.00 per 1,000 square feet of floor area will be required at the time a building permit is issued. Payment of East Orange County Water District fees will be required at the time a building permit is issued. Continuous 6" concrete curbs shall be provided along landscape planters adjacent to parking spaces and drive aisles. The developer shall comply with all construction requirements of the Orange County Fire Marshal's office which includes installation of necessry fire extinguishers, on-site private fire hydrants and fire sprinkler system. A comprehensive signing plan shall be approved by the Community Development Department prior to installation of any building or free-standing monument signing. A landscape plan shall be submitted to the Community Development Department for review and approval prior to installation or modification of any landscape planter. Said plan shall include: a. location, size and species of all specimen trees, shrubs and vegetative ground cover; Community Development Department Exhibit "A" page two - 14. b. soil amendment specifications to insure proper plant growth. 13. Wheelchair and handicap access shall be installed on-site and off-site in accordance with the State of California and City of Tustin Building Department standards. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof-mounted equipment, such as heating and air conditioning units, shall ~e completed screened from public view by architecturally compatible screening material, subject to the approval of City staff. 15. The Automated Teller shall not have recessed doorways or chambers; shall be unobstructed by trees or shrubbery; and must be equipped with protected lighting. 16. That any future additions to the center shall require approval of a Conditional Use Permit, and a reassessment of the approval 'granted by Use Permit ?6-25 will be conducted. 17. The building materials and colors for the proposed 2400 square foot building and the automated teller shall be reviewed and approved by the Community Development Department. Community Development Department Inter-Corn FROM: SUBJECT: Home Federal Savings Site Proposal I see no problems to address at this time regarding the proposed structure in Larwin Square for Home Federal Savings and Loan. However, the stipulation should be made that the Automated Teller Machine to be located in the center of the shopping center have no recessed do6rways or chambers, be free from trees or shrubbery behind which an assailant might hide, and be equipped with protected flood lights. I request copies of the final elevation plans for approval. ALTERNATIVE 1 ~s,~c~Y.~-o~,~c. RECOMMENDED SITE CIRCULATION ~2 ~mou~ Drive, Suite (71 ~) ~49-9940 ~-- ... ~-- ~_- =_- -_ -...~, / ==-'= -- ~n ..~.~~' / _~, home federal bldg. ALTERNATIVE 2 BAS,~ACiYAN-0ARNF. LL, INC. RECOMMENDED SITE CIRCULATION 4:~2 C~m~s Drive, Suite 9-1 ITEM NO. 6 ,, Planning Commission DATE: SUBJECT: APPLICANT/ OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: OCTOBER 22, 1984 ZONE CHANGE 84-6 MARK S. FERGUSEN GILBERT AND ANITA FERGUSEN BRIAN J. HAWKINS DEVELOPERS, INC. 17432 AND 17442 MITCHELL AVENUE R-3 - 2,000 (MULTIPLE FAMILY RESIDENTIAL) A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO CHANGE THE ZONING FROM I~JLTIPLE-FAHILY RESIDENTIAL (R-3 - 2,000) TO PLANNED COMMUNITY MULTIPLE-FAMILY (PC-MF) AND ADOPT A DEVELOPMENT PLAN PERIqITING CONSTRUCTION AND OPERATION OF A SENIOR CITIZEN COMPLEX. BACKGROUND: A change of zone has been requested for two properties on the south side of Mitchell Avenue between Newport Avenue and South "B" Street. These properties were annexed into the City in lg78 and pre-zoned {R-3 - 2,000) multiple-family residential. At this time the applicant is requesting zoning entitlement to specifically approve 20 units of apartments for senior housing only. The actual processing of this. project requires the following actions by the Planning Commission and City Council: A. Rezoning of the property to {PC-MF) Planned Community Multiple Family. B. Adoption of a development plan with it's associated conditions as part of the zone change ordinance. DEVELOPMENT PLAN: The development plan submitted with this application proposes to construct 20 residential units for senior citizens, of which 12 units will be maintained at Fair Market Rates for Section 8 certificate holders for a period of at least five Years. The remaining 8 units will be rented at free market rates for seniors only. , Community Development Department Planning Commission Report Zone Change 84-6 page two The plans submitted which include a site plan and building elevations are the development plans necessary pursuant to the Planned Cbmmunity Zone. For approval of a planned community project, the developer must specify building type, character, height of structure and its location to surrounding properties and adjoining streets. Since the plan would become part of this zone change ordinance, it is subject to both Planning Commission and Council approval and canno~ be modified without an amendment to the ordinance. In addition, final development plans shall be recorded in the office of the County Recorder. SURROUNDING LAND USES: The subject property is approximately 140 feet in width fronting on the southerly side of Mitchell Avenue with 164 feet of depth bounded by a single family one-story dwelling on the west and a self-service gasoline station and parking lot to the east. Along the southerly property line are two-story apartment structures. SI~ PLAN: The site plans indicate construction of an "E" shaped two-story building composed of residential dwelling units connected by two laundry rooms. With a total of'20 units, the applicant is proposing 24 on-site parking spaces. Since the multiple family provisions of the zoning ordinance would not apply in this requested zone, this project is not subject to typical parking or density standards. Therefore, with appproximately 1.2 parking spaces per dwelling unit the applicant is anticipating that some of the senior citizens will not own automobiles. In 'comparison to the Senior Board and Care Home recently approved on Bryan Avenue, that project had 24 spaces for 85 rooms while this project has 24 spaces for 20 apartments. With 12 units being held for Section 8 certificate holders, it is unlikely that any of those residents would own a car. The question of density is as follows: Under the R-3 - 2,000 designation the applicant would be allowed to build eleven (11) units on this 22,960 square foot parcel. Under the new zoning classification, the applicant will be allowed to build 20 units. The justification for the increased density is that this project will be a seniors only complex. ELEVATIONS: The elevations as proposed show a stucco finish with tile roof and wood trim. The rear (south) elevation faces another rear elevation of an existing apartment complex and thus will be out of view. However, the second story of the rear side elevations will be seen from Newport Avenue and "B" Street. It is suggested that a roof parapet be added for decorative effect. Since the building elevations presented are conceptual in nature, the precise design and colors utilized should be subject to future staff approval. , Community Development Department Planning Commission Report Zone Change 84-6 page three ANALYSIS: Staff has met-with the project applicant Mr. Mark Fergusen on several occasions to review the project plans and discuss the "affordable" housing' issue. Staff is supportive of this senior citizen housing since it is a residential land use compatible with the surrounding uses and it's accessibility to nearby shopping areas, bus service, and medical services. The Tustin Community Hospital and other medical offices are all within walking distance. The physical site design, setbacks, parking and other features appear reasonable to staff, if this project is specifically deed restricted to senior citizens. If not, the parking would not be adequate for a typical apartment project. CONCLUSION: Staff supports' this proposal but would like to see the elevations upgraded for the areas that will be seen from the east and west property lines. The conditions of approval are listed in Exhibit "A" and attached to this report. RECOI~ENDATION: Recommend approval of Zone Change 84-6 to the City Council by the adoption of Resolution No. 2188. Associate Planner MAC/1 g Attachments: Site Plan / Elevations Resolution No. 2188 Exhibit "A" · Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 2188 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF ZONE CHANGE 84-6, THE REZONING OF PROPERTY LOCATED AT 17432 & 17442 MITCHELL AVENUE, TUSTIN, CALIFORNIA, FROM R-3 - 2,000 MULTIPLE FAMILY RESIDENTIAL TO PC-MF PLANNED COMMUNITY MULTIPLE FAMILY. The Planning Commission of the City of Tustin does hereby follows: I. The Planning Commission finds and determines: resolve as A. That a proper application has been filed by Mark Fergusen to rezone property from R-3 - 2,000 Multiple Family Residential to PC-MF Planned Community Multiple Family as described in Exhibit "B" attached hereto and incorporated herein by reference. B. That a development plan setting forth proposed land uses and standards of development has been included within the application for zone change to the planned community district and is attached hereto as Exhibit "C". C. That the development plan hereby establishes an apartment complex of 20 units for "Senior Citizens" of which 12 units shall be rented at Fair Market Rates according to the Orange County Housing Authority for a period of at least five years to accommodate Section 8 Certificate holders. D. That the zone change as applied for will not under the circumstances of this case be detrimental to the health, safety, morals and general welfare of the community and should be granted evidenced by the following findings: 1. The intent of the PC-MF zone is to allow diversification of land uses and accommodation of this unique housing opportunity for senior citizens. 2. The project as proposed conforms with the provisions of both the City's general plan and zoning ordinance. 3. The project may not be amended in any substantial fashion without approval by the City's Planning Commission and City Council. E. The Planning Commission hereby approves the filing of a negative declaration of environmental impact for this zone change, in compliance with the California Environmental Quality Act. 28 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2188 )age two II. The Planning Commission hereby recommends to the City Council, approval of zone change 84-4 subject to the map detailed in Exhibit B, the development plan as detailed in Exhibit C and conditions applicable to the development plan as detailed in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the day of , 1984. RONALD H. Chairman DUNNA URR, Recording Secretary EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE 84-6 11. 12. A final grading plan for the development shall be submitted for review and approval. Street improvement plans for the Mitchell Avenue frontage adjacent to the parcels will be required. These street improvements may include, but not be limited to the following items; a. Curb and gutter; b. Sidewalk; c. Drive apron; d. Street lights with underground conduit; e. Street trees; f. Sanitary sewer lateral; g. Domestic water services; The proposed development is comprised of two parcels. Either a parcel map must be filed to consolidate these two parcels into one, or the execution and recordation of a "Covenant and Agreement" to hold both parcels as one. Payment of East Orange County Water District fees at the time a building permit is issued in the amount of $500 per dwelling unit. Payment of Orange County Sanitation District No. 7 sewer connection fees at the time a building permit is issued in the amount of $250 per dwelling unit. Dedication for street and utility purposes to the satisfaction of the City Engineer. Fire hydrants are required to be operational prior to combustible construction. Satisfy all code requirements of Chapter 12 of the 1979 Uniform Building Code. The second floor units will require two exits. Roof parapet shall be added to the east and west elevations for decorative effect. 6 foot 8 inch block wall where needed on the perimeter of the property. The final site plan and architectural building elevations including colors and materials of construction shall be subject to the approval of the Director of Community Development. £xhibit page two 13. 14. Covenants, conditions and restrictions shall be recorded on the subject property limiting occupancy to tenants 55 years of age or older. Also the CC & Rs shall prohibit conversion to any other form of occupancy without the review and approval of the City of Tustin. A landscape and irrigation plan shall be submitted for City staff approval, and landscaping installed prior to occupancy of the subject building. All roof top mechanical equipment shall be screened from view. EXHIBIT "B" R-3 R-3 (2000) MITCHELL 'AVE. 70' -lO' ~MF ,~ R-3 (2000) ZONE CHANGE MAP TUSTIN, CA. m I'- I00' PC-MF: PLANNED COMMUNITY MULTIFAMILY / ITEM NO. 7 ,, Planning commission DATE: SUBJECT: OCTOBER 22,1984 REYOCATION HEARING FOR USE PERI, IT80-21 WINDSOR GARDENS APAJ~TMENTS 1651 MITCHELL AVENUE BACKGROUND: In November 1980, the City approved Use Pemit 80-21 and Tentative Tract 11336 authorizing conversion of the 70 unit Windsor Gardens Apartment project into condominiums. Two building permits were issued in 1981, one for the garage parking structure and site improvements, while the second building permit was for interior modifications to the individual apartment units. Since 1981, construction has intermittently occurred,:yet to date has not been completed in conformance with the approved use permit. DISCUSSION: The Tustin Municipal Code provides in .Section 9293(c) that any use permit granted in accordance with the terms of the zoning ordinance may be revoked by the City Council upon recommendation of the Planning Commission if any of the terms of the use permit are violated, or if the following findings are made by the Planning Commission and City Council: 1. The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use; or 2. Would be injurious or detrimental to property and improvements in a neighborhood; or 3. Would be injurious or detrimenta} to the general welfare of the City. It is the opinion of City staff and the City Attorney that conditions of Use Permit 80-21 have been violated since there has been a continued failure to fulfill the conditions established to convert the property to condominiums. On many occasions during the past several years, staff has met and worked with the propert yowner, Mt. Eugene Vollucci from Cal State Development, Inc., in an attempt to facilitate the swift conversion of this project. Staff has offered every available extension of time and technical assistance to no avail. For whatever reason, whether financial or otherwise, the project has not been completed in accordance with approved plans, yet Cal State Development recently offered apartments for sale as condominiums. While the City encourages this project to be converted in a swift manner, it appears that this will not occur. Therefore, action must be taken by the City to terminate the process and ,, community Development Department Planning Commission Report Windsor Gardens Apartments page two ensure- the property is properly maintained as a habitable apartment project. However, if Mr. Vollucci or his authorized representative wishes to provide some assurance to the Planning Commission that the project will be completed in a timely manner the Commission msy desire to establish specific dates of completion for both conversion of individual apartment units and construction of remaining property improvements such as landscaping, swimming .pool and other promised amenities. Staff will be prepared at the Planning Commission hearing to make a visual presentation of the property's condition and address Commission concerns. Attached to this transmittal are copies of recent communications concerning this project outlining the City's patience inr esolving this matter. R£COI~,~ENDATION: That the Planning Commission received staff's report, open the public herlng and accept testimony from the property owner and any interested individual responding to the public notification. The Commission may then impost any additional conditins into the subject use permit or recommend to the City Council that said use permit be revoked. DONALD D. ' LA~4M," Director of Community Development DDL:do attachments: Comrnunity Developmen~ Department October 11, 1984 Mr. Eugene Vollucci Cal State Associates, Inc. 23639 Hawthorne Blvd., Suite 102 Torrance, Ca. 90506 Re: Cal State Associates, Inc./Conditional Use Permit No. 80-21, 1651 Mitchell Avenue, Tustin, California (Windsor Garden Apartments) Dear Mr. Vollucci: PLEASE TAKE NOTICE that a public hearing shall be held before the Tustin Planning Commission to consider revocation of Use Permit No. 80-21 on October 22, 1984, at 7:30 p.m., at Tustin City Hall, 300 Centennial Way, Tustin, California, 92680. Use Permit No. 80-21 was approved by the Planning Agency of the City of Tustin granting authority to convert the Windsor Garden Apartments to seventy (70) residence condominiums, subject to various conditions. Revocation proceedings have been initiated by the Tustin Planning Commission, pursuant to Tustin Municipal Code Section 9293(c), as a result of Cal State Associates, Inc.'s violation of the conditions of Use Permit No. 80-21, in that there has been a continued failure to fulfill the conditions established to convert the Windsor Garden Apartments to condominiums, as follows: A. Individual unit conversions have not been completed. B. The conversion process has continued without payment of the new development tax, required pursuant to Section 2603 of the Tustin Municipal Code. C. A schedule of construction for the conversion of units to insure the health, safety and welfare of the residents of the property has not been submitted for review and approval by the Community Development Director. City Center Centennial at Main Tustin0 California 92680 (714) 544-8890 Mr. Eugene Vollucci Page 2 October 11, 1984 D. Unit conversion permits have lapsed as a result of the failure of work to progress in a timely fashion on the individual units. A true and correct copy of Resolution No. 1930 setting forth the conditions of Use Permit No. 80-21 is attached hereto. E. The four-year period of conversion is detrimental to the general welfare of the surrounding neighborhood, and to the residents of the project~ During the revocation hearing, you will have the opportunity to present arguments and other evidence in support of your view pertaining to the violations of the conditions of Use Permit 80- 21. If Cal State Associates, Inc., desires the Planning Commission to consider any written material of any nature whatsoever at the time of the revocation hearing, it should be on file at the Department of Community Development for the City of Tustin no later than 12:00 p.m., Friday, October 19, 1984. The hearing, as conducted by the Committee, will not be governed by strict rules of judicial evidence, either as prescribed by Federal or State law. The Planning Commission will reserv, e the right to examine any witness or any person presenting evidence for their consideration. Upon receipt of all verbal and written testimony, the Planning Commission will make a determination, either at that time or after the matter is taken under submission, as determined by the Planning Commission. Within five (5) days after the Planning Commission hearing, the Planning Commission shall transmit a report of its findings and its recommendations on revocation to the City Council. The City Council will subsequently consider revocation of the Permit at a noticed public hearing. The decision of the City Council shall be final. If you should have any questions with regard to this matter, please do not hesitate to contact this office. Very truly yours, CITY OF TUSTIN Deputy City Attorney JGR:SA:pj:D:10/09/84(12) cc: WH DL James L. Kellner, Esq. Law Offices of JAMES L. KELLNER 1875 WEST REDONOO BEACH BOUL£VARO GARDENA, CALIFORNIA 90247 South Bay (213) 327-9064 · Los Angeles (213) 770-3554 October 3, 1984 Alan Warren, Senior Planner City of Tustin 300 Centennial Way Tustin, California 92680 My Client: Cal State Associates Inc. Subject: Use Permit No. 80-21, 1651 Mitchell Dear Mr. Warren: My client has brought this matter to my attention and my independent investigation indicates that while the new development tax may have not been paid, it was never requested and it was certainly never requested or billed by the prior administration. The demand for a schedule of construction for the conversion of units is untimely in view of the fact that the conversion has been completed. Indeed, the conversion of these individual units has been performed in a timely fashion by my client and the entire project has been completed. My client wishes me to advise you that they have invested in excess of $2 million into this project and your recommendation that the permit be terminated will be grossly damaging to my client. In the event that the permit is terminated, my client has asked me to remind you that they will hold the City of TustIn and other pros~etive defendants liable for such actions. Ver~ JLK~k CC'. Eugene Volluoci, President Cai State Associates Depatt~ient of Community Development September 24, 1984 Mr. Eugene E. Vollucci Cal State Associates, Inc. 23639 Hawthorne Blvd., Suite 102 Torrance, CA 90506 SUBJECT: USE PERMIT HO. 80-Zl, 1651 MITCHELL Dear Mr. ¥ollucci: It has tome to our attention that on site advertisement for the sale of condominiums at subject site is being conducted. This is of concern to the City staff due to the fact that individual unit conversions have not been completed. Specifically, the conversion building permit is no longer valid and new permits must be applied for in order to perform the required work. In addition, your firm has not paid the new development tax nor furnished the City with a construction program to ensure the safety of existing apartment residents as requested during our meeting with you on May 2, 1984 As a result, the Community Development Department will request that the Tustin Planning Commission consider the revocation of the use permit which authorized the conversion of the Windsor Garden Apartments. The request will be based upon the following findings: 1. That the conversion process has continued without payment of the new development tax, a violation of Ordinance No. ?72; and 2. That a schedule of construction for the conversion of units to ensure the health, safety and welfare of the residents has not been submitted for review and approved by the City; and 3. That the unit conversion permit has been allowed to lapse by the failure of work to progress in a timely fashion on the individual units; and 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 Eugene Voll~cci September 24, 1984 page two 4. That a four year period of conversion is detrimental to the general welfare of the surroUnding neighborhood and to the residents of the project. A report will be presented on this item at the Planning Commission's October 8, 1984 meeting. Sincerely, Senior Planner AW:do cc: Community Development Director City Attorney R o,,rke 8, September 12, 1984 Mr. Eugene E. Vollucci Cal State Associates, Inc. 23639 ~awthorne Blvd., Suite 102 Torrence, Ca. 90505 Re: windsor G~rden Apartments Condominium Conversion--1651 Mitchell Avenue Tustin, california Dear Mr. Vollucci: It has been brought to the attention of this office that reservations for the sale of condominium units located at 1651 Mitchell Avenue, Tustin, California are presently being accepted. Further, we have been advised that on-site advertisement of condominium sales is presently being conducted at the subject address. The City of Tustin's Department of Community Development has informed this office, however, that the conversion process at the subject location has not been completed. You are hereby directed to cease and desist immediately from accepting any reservations for sale of the units located at the subject address and from advertising the sale of any units. Please be advised that if this office is not notified within three (3) days that all sales and advertising' activity has ceased, that the City of Tustin shall seek injunctive relief in the Orange County Superior Court ordering the cessation of sales activity. If you should have any questions with regard to this matter, please do not hesitate to contact this office. Very truly yours, ROURKE & WOODRUFF Suzanne Atkins Deputy City Attorney JGR:SA:pj :D: 0 9/11/84 (14) January 11, 1984 Department of Community Development Mr. Eugene Vollucci President Cai-State Associates, Inc. 23639 Hawthorne Boulevard, Suite 102 Torrance, California 90505 Subject: Windsor Gardens Condominium Conversion - 1651 Mitchell Avenue Dear Mr. Vollucci: I was pleased to hear that construction on the Windsor Gardens project has commenced and is progressing on a steady basis. You are strongly encouraged to Continue work on the garage area and parking structure. HoWever, please be.reminded that the building permits for the conversion of the residential units have expired and must be re-activated prior to any work being done on the units, in order to re-activate the permits, a fee in the amount of $1,235.25 must be paid, as must the New Development Tax in the amount of $31,500.00 Hopefully, this project will be carried through to completion at the earliest possible date. I expect that a representative of Cai-State will meet with my staff and re-activate the expired conversion permits within the next 60 days. Director of Community Development DDL:JSD:jh 300 Centennial Way * Tustin, California 92680 * (714) 544-8890 Department of Community Development ~ovember 15, 1983 Mr. Eugene E. ¥ollucci President Cai-State Associates, Inc. 23639 Hawthorne Boulevard Torrance, California 90505 Subject: Construction Status of Windsor Gardens Apartments Dear Mr. Vollucci: The Building Department has been contacted by several people, including Mr. Fred King, who indicate they are authorized by you tm' proceed with conversion construction of the Windsor Gardens Apartments. While we received a letter from you dated Nove~er 2, 1983, conflicting contractor names are still evident. Please submit a written list of contractors and people authorized ~o represent you on this project. Without your approval, we will not permit further construction activity. Donald D. Lamm Director of Community Development DDL:jh cc: Steve Price, Cai-State Associates, Inc. City of Tustin Building Department 300 Centennial Way ' Tustin, California 92680 · (714} 544-8890 August 25, 1983 Department of Community Development Mr. Eugene E. Vollucci President CAL STATE ASSOCIATES, INC. 25659 Hawthorne Blvd., Torrance, CA 92505 SUBJECT: NOT~CE OF INSPECTION RESULTS - WINDSOR GARDF~NS APJdtT~NTS, TUSTIN Dear Mr. Vollucci: The City of Tustin Community Development Department recently inspected your property, the Windsor Gardens Apartments at ~6151 Mitchell Avenue, Tustin, California, to determine compliance with city Health, Fire and Building Code Regulations. This inspection was prompted at the request of your tenants. The City cannot condone continual delays in :he construction process which present hazardous conditions for your tenants and eliminate on-site vehicle parking. Furthermore, your building permit for conversion of the residential units to condominiums has expired and no effort has been made to renew the permit or complete construction. The Tustin City Council requests that you immediately proceed as follows: 1. Correct all code violations as detailed in the attached notices from the Orange County Fire Marshal and City Building Inspector. 2. Provide in all occupied units both hot and cold running water as well as space heating in accordance with City Building Regulations. $. Renew your expired building .permit. 4. Proceed with conversion construction in conformance with your use permit. The Council has further directed that I review the status of your compliance with their requests thirty days from receipt of this letter. If construction has not diligently commenced towards completion of the project and all repairs noted by each inspector have not been complied with as indicated, I will proceed with scheduling a public hearing before the Planning Commission for consideration of revoking your Use Permit #80-21. 300 Centennial Way · Tustin, California 92680 ' (714) 544-8890 Eugene Vollucci CAL STATE ASSOCIATES August 25, 1985 page two The City Council will only consider your request for modification of the re- location plan and adjustment of stabilized pre-conversion rents if you intend to comply with the aforementioned requests. Concerning renewal of your building permit, City records indicate that you did not pay the construction conversion tax according to Municipal Code Section 2605 b 1 for either the Californian or Windsor Gardens Apartments. Payment of said tax is required by OT~inance prior to issuance of any building permits for conversion. Therefore, the following tax payment is now due prior to re-issuance of the Windsor Gardens building permit..70 units @ $450.00 = 3~~'~- (Windsor Gardens only) Should you have any questions concerning this subject, please do not hesitate to contact me. DONALD D. LAMM, Director of Con~nunity Development DDL: dmt attachments: cc: Building Inspector Report w/ map Fire Inspector Report Steve Price, Cal State Associates Bill Huston, City Manager James Rourke, City Attorney Jeff Davis, Assistant Planner C]~RTI FI ED MAIL GE ORANGE COUNTY FiRE DEPARTMENT 180 SOUTH WATER STREET P.O. BOX 86, ORANGE, CALIFORNIA 92666-0086 (714) 538-3551 LARRY J. HOLMS DIRECTOR OF FIRE SERVICES CYPRESS I_A PALMA LOS ALAMITOS SAN JUAN CAPISTRANO SEAL BEACH TUSTI N YORBA LINDA August 22, 1983 Mr. Don Lamm Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92680 Dear Don: At the request of staff personnel, we are submitting some concerns we have regarding the condo conversion at 16151 Mitchell Avenue in the City of Tustin. 1. Unobstructed access to fire hydrants. 2. Provide all weather access road. 3.' Provide access to the structures on the north and south sides of the construction area. 4. Provide system for removing water accumulation in under- ground parking area. If we can be of further assistance, please feel free to contact me at 538-3551. Sincerely, Michael Cate Fire Marshal ~{eputy Fire Marshal MC:JS:dm SMOKE DETECTORS SAVE LIVES Department. of Community Development BUILDING DEPARTMENT INSPECTION REPORT FOR: WINDSOR GARDENS APARTMENT 1651 MITCHELL On August 23, 1983, a general inspection of the Windsor Gardens complex was conducted. The following corrections must be made: All areas between residential buildings along the western side of the parkingarea under construction must be cleared of all debris, all open trenches must be backfilled, and the plywood barriers must be removed. This will provide an unobstructed access as required by the Fire Department. The areas marked on the attached page must be secured as shown. Access through the stairwells must remain clear at all times. Addit'ionally, a fence along the perimeter of the construction areas between the residential units and the parking structure must be installed, as shown. The plywood barrier blocking the upper entrance/exit to the parking structure must be removed. The entrance/exit should be posted "No Trespassing" or similar wording to alert tenants that the structure is not to be entered. ~ames Quid6 lding ~./Bui Inspector JQ:dg Attachment $00 Centennial Way · Tustin, California 92680 · ('714) 544-8890 Planning Commission DATE: OCTOBER 22, 1984 SUBJECT: USE PERMIT 84-24 APPLICANT: ALBERT AUER ONNER: LOCATION: ALBERT AUER PROJECT AREA IS BOUNOEO BY FRANKLIN AVENUE ON THE EAST, WALNUT AVENUE ON THE. NORTH AND FUTURE JAMBOREE ON THE I~.ST. ZONING: PLANNED COllMUNITY (COI~IERCIAL) ENVIRONMENTAL STATUS: REQUEST: AN ENVIRONMENTAL IMPACT REPORT (EIR 73-1) NAS APPROVED FOR THIS AREA IN 1973. A NEGATIVE DECLARATION IS BEING APPLIED FOR TO ACCO~OOATE THE CHANGES SINCE THE 1973 OOCUMENT WAS WRIT[EN. AUTHORIZATION TO DEVELOP A MIXED COie4ERCIAL PROJECT TO INCLUDE 104,300 SQUARE FEET OF RESEARCH ANO DEVELOPMENT, 39,000 SQUARE FEET OF PROFESSIONAL OFFICE ANO 10,000 SQUARE FEET OF RETAIL CO~ERCIAL. BACKGROUND AND DISCUSSION: This 10 acre site was approved as a retail commercial site under the formation of the Tustin/Irvine Industrial District in 1973. In 1980 by the adoption of Ordinance No. 829, the City Council amended the Planning Community District Regulations by expanding the allowed uses in the Neighborhood Commercial Section No. 2 as follows: The regulations as adopted in 1974: "2. Neighborhood Commercial a. Neighborhood Commercial Group 1) Service Station 2) Barber Shop 3) Beauty Shop 4) Deli/Coffee shop 5) Food market 6) Fast Food 7) Dry Cleaner 8) Branch Bank 9) Health Club 10) Trade School 11} Restaurants" Community Development Department Planning Commission Report Use Permit 84-24 page ~wo The regulations as amended in 1980: "2. Neighborhood Commecial * a. Retail sales, such as, but not limited to: clothing, shoes, jewelry, liquor/deli, stationery, books, fast food drive through and take-out, hardware, appliances, pharmacy/drug store, furniture, carpets, auto parts, etc. b. Retail services such as, but not limited to: shoe repair, dance studio, fitness center, travel agencY, escrow and real estate, insurance, caterer, etc. c. All uses permitted under Subsection B(i)(a) and (b): Industrial/Support Commercial. (See below) * Planning Agency review of the location of the structures pursuant to use permit procedures. 'B. Permitted Uses Industrial/Support Commercial a. Support Commercial Group uses, such as but not ltmtted to the following: Blueprinting, photostating, photo engraving, printing, publishing and bookbinding. 2) Administrative, professional, and business offices. 3) Cafeteria, cafe, restaurant, or auditorium. 4) Service Stations. 5) Commercial Sales/Warehousing. 6) Industrial support facilities, to include activities :limited to the sale of products or services related ~only to the Industrial Complex. Activities of a commercial nature will be restricted in scope so as to service and be accessory to the industrial community. Accessory uses and structures when related and incidental to a permitted Use. 7) Barber shop. Light Industrial Group 1) Uses primarily engaged in research activities including research laboratories, developmental laboratories,and compatible light manufacturing. Community Development Department Planning Commission Reports Use Permit 84-24 page three 2) 3) 4) Manufacture, research assembly, testing and repair of components, devices, equipment and systems and parts and components. General manufacturing and/or assembly. Service industries which provide a service as opposed to the manufacture of a specific product, such as, but not ltmited to the following: a) The repair and maintenance of appliances or component parts. b) Tooling c) Prtnters d) Testing shops e) Small machine shops f) Repair, maintenance and servicing of above listed items (excluding automobile repair) providing that said industries are not the point of customer delivery or collection. 5) Industries engaged in the distribution and/or storage or warehousing. 6) Construction industries. 7) Accessory uses and structures when related and incidental to a permitted use. 8) Agriculture as a continuation of the existing land use, and all necessary structures and appurtenances." DEVELOPt~ENT PROPOSAL: The applicant proposes to develop 104,300 square feet of research and development uses in Buildings 1, 3 and 4; 10,000 square feet of retail commercial in building 2; and 39,800 square feet of professional office in building 5. The site plans submitted and attached to this submittal indicate 384 parking spaces for the R/D area {1 space per 270 square feet). 159 parking spaces for the office area {1 space per 250 square feet) and 50 parking spaces for the retail area {1 space per 200 square feet). Total parking provided will exceed the IIC standards, however reciprocal parking, utility and access easements will have to be recorded with the parcel map for this project (Parcel Community Development Department Planning Commission Report Use Permit 84-24 page four Map 84-1031). Vehicular access to the project will be provided from Walnut Avenue and Franklin Avenue. After Jamboree Road is improved southerly of Walnut Avenue, to join Moulton Parkway, two additional right turn only driveways could provide additional access to and from the site. Building elevations submitted indicate medium sandblasted concrete-panels with dark green glass. The proposed architecture is similar to that of other recently approved R&D projects in the Redhill/Valencia area. ISSUE ANALYSIS: The two major,issues for this project are traffic and a market analysis for the retail potentials for this area. MARKET ANALYSIS: In 1973, when this Irvine Industrial Park was conceived by the City and The Irvine Company, l0 acres were set aside for retail commercial uses. At that time no market analysis was prepared to measure the potential for the retail development. Enclosed is a market analysis prepared by the Research Network Limited which concludes that the site does not offer sufficient visibility or traffic flow to generate significant market support inflow of more than 11,000 square feet of retail uses. TP. AJrFIC ANALYSIS: Enclosed is a traffic analysis which evaluates the proposal submitted by the applicant. One of the most significant findings made by this report is that if the project would have been built as previously proposed with 100% retail uses on 10 acres, about 11,340 vehicles trips per day would be generated. The project as proposed with office, reserch and development uses and commercial will generate about 2,000 vehicles trips per day. (ADT) Unfortunately for local city streets, the 1973 EIR had predicted that by 1981, the entire industrial area would be built out while Jamboree and the Interstate 5 interchange would have been constructed in lg78. Mr. Auer however is not required to improve Jamboree Road adjacent to his property. The construction of Jamboree is the responsibility of The Irvine Company. The city's traffic engineer has reviewed the traffic study and is working with the traffic consultant to indicate the exact mitigation measures needed to assure the best possible traffic solution for the two affected intersections - {1 Walnut and Franklin) (2 Walnut and the future Jamboree). These measures are listed in the attached Exhibit "A" (Conditions of Approval). Community Development Department Planning Commission Report Use Permit 84-24 page five CONCLUSIONS: Philosophically a new -10 acre retail center would be preferred for this location. However, since such a project has not materialized, nor is it likely in the future, staff supports this application as submitted. RECO~4ENDATION: Approve Use Per~it 84-24 by the adoption of Resolution No. 2189 with Conditions of Approval in Exhibit "A". MBERLAIN Associate Planner MAC: do Exhi bi ts Community Development Department EXHIBIT PROPOSED COHDITIO#S OF APPROVAL USE PERMIT 84-24 10. A final grading plan based upon U.S.G.S. datum will be required. This plan should delineate how all on-site storm water drainage will be disposed of. All wor~ within the public right-of-way should be shown on the final site and/or grading plan and should be so referenced with appropriate city standard drawing references. These improvements will include but not be -limited to the following: a. driveways b. domestic/fire water services c. sidewalks The most westerly driveway on Walnut Avenue (at the median opening) is shown at 30 feet of width. The existing radius type driveway opening is currently constructed at a width of 40 feet. The final plan should be revised to refect this width. The most easterly driveway, as shown, will be limited to right turn ingress to and right turn egress from the site only. This driveway should also be constructed as a radius type driveway. Vehicular access rights to Walnut avenue at this location will require relinquishment by the City Council. Prior to finalization of these plans, the developer should request this relinquishment by letter to the City Council. Franklin Avenue is shown as an 80 foot wide right-of-way. It is a variable width right-of-way from 80 ft. to 60 ft. and should be shown as such on the final plans. A parcel map shall be recorded to subdivide this parcel. The most northerly driveway on Franklin may be located in a conflicting area with respect to the pavement striping on Franklin Avenue. This striping should be plotted on the final plan to determine if the driveway requires relocation. A sewer plan should be prepared indicating the on-site layout of all sewer facilities with respect to the proposed water facilities. Payment of Orange County Sanitation District No. 7 sewer connection fees in the amount of $50.00 per 1,000 sq. ft. of building area will be required at the time a building permit is issued. - Community Development Department Exhibit "A" Use Permit 84-24' page two llo' 13. 14. 15. 16. All roof top equipment must be screened from view. Exterior building materials and colors must be submitted to Community Development Department ~or review. All roof drains shall be contained within the exterior building walls. Buildings 4 and 5 in' Phase II shall be reviewed by the Planning Commission. Before fssuance of building permits, a plan for maintenance of the parking lot and landscape areas shall be approved by the Community Development Department Director. Prior to issuance of building permits, measures to mitigate the additional traffic shall be resolved which may include: (a) Restriping of Walnut Avenue and Franklin Avenue. (b) Participation (fair share) in the future signalization of Future Jamboree and Walnut Avenue and the proposed left turn at Walnut and Franklin. , Community Development Department i ii r i Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: OCTOBER 22, 1984 TENTATIVE PARCEL RAP 84-1031 ALBERT AUER PROJECT AREA IS BOUNDED BY FRANKLIN AVENUE ON THE EAST, WALNUT AVENUE ON THE NORTH AND FUTURE jAI~BOREE ON THE NEST. PLANNED COMMUNITY (COI~IERCIAL) BACKGROUND DISCUSSION: The request is to subdivide this existing 10 acre parcel into 5 separate parcels. Use Permit 84-24 was heard as a public hearing to approve the uses and stte plan for this project. If the use p~rmit was approved it would now be appropriate to take action on this map. This Tentative Tract Map is in conformance, with the General Plan and the zoning regulations governing that area. RECO~4ENDEO ACTION: Recommended to the City Council, the approval of Tentative Parcel Map 84-1031 by the adoption of Resolution No. 1890 with conditions. Associ~eCplanner MAC:do , Community Development Department TENTATIVE PARCEL MAP NO. 84-1031 .4 / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28' Resolution No. 2190 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 84-1031 LOCATED AT THE CORNERS OF WALNUT AVENUE AT FRANKLIN AND THE FUTURE JAMBOREE The Planning Commission of the City of Tustin does hereby resolve as .follows: I. The Planning Commission finds 'and determines as follows: A. That Tentative Parcel Map No. 84-1031 was submitted to the Planning Commission pursuant to Ordinance No. 847 by Walden and Associates on behalf of Albert Auer, as a 5 lot subdivision for a parcel known as Lot 16 of Tract 8763. B. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration has been applied for to conform with the requirements of the California Environmental Quality Act. II. The Planning Commission hereby recommends to the City Council approval of Tentative Parcel Map No. 84-1031 subject to the following conditions: A. Construction and/or replacement of all missing or damaged public improvements along the Walnut Avenue and Franklin Avenue frontages will be required and shall include but not be limited to the following: 1. Driveways 2. Domestic water services 3. Fire services 4. Sidewalks 5. Sanitary sewer laterals B. Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. C. Preparation of a sewer plan indicating the on-site layout of all sewer facilities with respect to the proposed water facilities. D. Reciprocal easements for vehicular/pedestrian access and utilities will be required. E. Preparation of a final grading plan based upon U.S.G.S. datum will be required showing how all on-site storm water drainage will be disposed of. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution 2190 page two Fe Vehicular access rights to Walnut Avenue at the most easterly driveway will require relinquishment by the City Council. This relinquishment should be shown on the final parcel map. Dedication of additional right-of-way for the radius type drives will be required. This dedication can be shown on the final parcel map. H. Compliance with conditions for Use Permit 84-24. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on day o~ , 1984. RONALD H. ~HITE, Chairman DONNA ORR, Recording Secretary Planning Commission DATE: SUBJECT: OCTOBER 22, 1984 ZONING ORDINANCE AMENDMENT 84-3 REQUIRING CONDITIONAL USE PERMITS FOR ALL BUSINESSES WHICH SELL ALCOHOLIC BEVERAGES. BACKGROUND AND DISCUSSION: Following a series of informal workshops and public hearings, and based on the information and public input received therefrom, the City Council has directed that the Tustin Zoning Ordinance be amended to require a Conditional Use Permit for any business which sells alcoholic beverages. Attached is a draft Ordinance prepared by..the City Attorney that would amend the City Code as directed by the Council. Also included is a Draft Resolution recommending to the City Council that Draft Ordinance 920 be adopted as written. RECO~,IENDED ACTION: It is recommended that the Commission adopt Resolution No. 2187 recommending that the TU~J~in City Code be amended to require a Conditional Use Permit for any lic beverages. I~IEFF FAVIS Assistant Planner ATTACHMENTS: Resolution NO. 2187 Draft Ordinance No. 920 JD/cas , Community Development Department 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 9~5 26 28 RESOLUTION NO. 2187 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL'S APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 84-3 THEREBY AMENDING THE TUSTIN CITY CODE TO REQUIRE THAT A CONDITIONAL USE PERMIT BE OBTAINED BY ANY BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES. The Planning Commission of th~ City of Tustin does hereby resolve as follows: -. The Planning Commission finds and determines as follows: A. That through a series of public workshops and public hearings the implications of the sale of alcoholic beverages from businesses within the City of Tustin were noted as a concern of the citizens of the community. That the City Council of the City of Tustin has initiated a zoning ordinance amendment to require a Conditional Use Permit for all businesses which sell alcoholic beverages. Ce That pursuant to Section 9295(f) of the Tustin City Code, when considering an amendment to the Zoning Ordinance (Article 9: Land U'se of 'the Tustin City Code), the Planning Commission shall conduct a public hearing, report findings thereof, and make a recommendation to the City Council. That a public hearing was duly noticed and held considering amending sections 9232b(p), 9233c(v), 9234c(10), 9235c(dd), g242b(g) and 9297 of the City Code to require a Conditional Use Permit for all businesses which sell alcoholic beverages within the City of Tustin. That the Planning Commission determines that it is necessary to monitor the increase in number of businesses which sell alcoholic beverages and therefore a Conditional Use Permit should be required for all such businesses. II. The Planning Commission hereby recommends to the City Council the following amendments to the City Code. Section 9232b(p) of the Tustin Municipal Code, is amended as follows: 'Liquor Stores (including 'On-Sales') is deleted as a conditionally permitted use. "Alcoholic Beverage Sales Establishments, shall be added to uses allowed subject to a conditional use permit." 5 6 7 8 10 11 12 17 18 10 20 ~5 ~7 28 Resolution No. 2187 October 22, 1984 page two Ce Section 9233c(v) of the Tustin Municipal Code is amended as follows: "Liquor Stores (including "On-Sales')", is deleted as a conditionally permitted use. "Alcoholic BeVerages Sales Establishments' shall be added to uses allowed subject to a conditional use permit". Section 9234c{10) of the Tustin Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit. Section 9235c{dd) of the ~ustin Municipal Code is amended as follows: 1. "Liquor Stores (Including "On-Sales')' is deleted as a conditionally permitted use. 2. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." Section 9242b{g) of the Tustin.Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." Section 9297 of the Tustin Municipal Code is amended to add the following definition, intergrated in alphabetical order, to read as follows: "'Alcoholic Beverage Sales Establishments' means any establishment where an 'alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini-marts, gas stations, drive-in dairies, bakeries and florists." PASSED AND ADOPTED by the Planning Commission of the City of Tustin, California, this day of , 1984. RONALD H. WHITE, Chairman DuNNA ORR, Recording Secretary 6 ? 8. 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 84-3 THEREBY AMENDING SECTIONS 9232b(p), 9233c(v), 9234c(10), 9235c(dd), 9242b(g) AND 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ANY BUSINESS WHICH SELLS ALCOHOLIC BEVERAGES WHEREAS, on September 17, 1984, the City Council directed the City Attorney to prepare an ordinance requiring the granting of a conditional use permit before alcoholic beverages can be sold by any business located within the City of Tustin. NOW, THEREFORE, the City Council of the City of Tustin, California, does ordain as follows: Section 1: Section 9232b(p) of ~he Tustin Municipal Code, is amended as follows: "A. 'Liquor Stores (including 'On-Sales') is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." Section ~: Section 9233c(v) of the Tustin Municipal Code is amended as follows: "A. 'Liquor Stores (including 'On-Sales')' is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit". Section ~: Section 9234c(10) of the Tustin Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit". ~gction 4: Section 9235c(dd) of the Tustin Municipal Code is amended as follows: "A. 'Liquor Stores (Including 'On-Sales')' is deleted as a conditionally permitted use. B. 'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." 6 7 8 9 10 11 12 13 l& 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section ~: Section 9242b(g) of the Tustin Municipal Code is amended as follows: "'Alcoholic Beverage Sales Establishments' shall be added to uses allowed subject to a conditional use permit." Section ~: Section 9297 of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Alcoholic Beverage Sales Establishment' means any establishment where an alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini-marts, gas stations, drive-in dairies, bakeries and florists." PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of .., 1984. ATTEST: Mayor City Clerk JGR:SA:pj :D: 10/02/84 (2) planning Commission October 22, 1984 SUBJECT: REPORT ON COuNcIL ACTIONS - October 15, 1984 Oral presentation to be given by Donald D. Lamm, Director of Community Development do Attachments: City Council Action Agenda - October 15, 1984 Community Development Department 7:00 I. ALL PRESENT II. STEVE MARKLE III. ACTION AGENDA OF A REGULAR ~ETING OF THE TUSTIN CITY COUNCIL October 15, 1984 7:00 .P.M. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION ROLE CALL PUBLIC INPUT SPOKE IN FAVOR OF JA~NBOREE ROAD. JOHN DOMINIC COMPLAINED ABOUT WATER DEPT. TONY DA1-FORIA, JR. SPOKE IN ~POSITION TO COUNCIL'S ACTION AT THE LAST ~ETING REGARDING STREET SWEEPING ON CALIFORNIA STREET. IV. CONTINUED PUBLIC HEARING ADOPTED RESOLUTION NO. 1. RESOLUTION NO. 84-81 - A Resolution of the City Council of the 84-81 City of Tustin, ADOPTING THE ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN Pleasure of the Council. Ye ADOPTED RESOLUTION NO. 84-82 PUBLIC HEARINGS 1. RESOLUTION NO. 84-82 - A Resolution of the City Council of the City of Tustin, California, AMENDING THE LAND USE ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE NORTHWESTERN PORTION OF 1372 IRVINE BLVD., AS SHOWN IN EXHIBIT "A" Accept the Planning Commission recommendation and adopt General Plan Amendment 84-4a, by the approval of Resolution No. 84-82 as recommended by the Community Development Department. ADOPTED RESOLUTION NO. 2. 84-80 RESOLUTION NO. 84-80 - A Resolution of the City Council of the City of Tustin, California, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR CERTAIN PROPERTIES AS SHOWN IN EXHIBITS A THROUGH F Accept the recommendation of the Planning Commission and adopt GPA 84-4b by approval of Resolution No. 84-80 as recommended by the Community Development Department. ADOPTED RESOLUTION NO. 3. OPEN SPACE AND CONSERVATION ELEMENT 84-84 WITH CERTAIN CONDITIONS Pleasure of the Council. SUGGESTED BY THE IRVINE CO. AND COUNCIL CONTINUED TO NEXT I~ETING 4. ADOPTED RESOLUTION 5. NO. 84-73 GRENERAL PLAN AMENDMENT 84-4D, RECREATION ELEMENT OF THE TUSTIN GENERAL PLAN Adoption of General Plan Amendment 84-4D, Recreation Element of the Tustin General Plan, as recommended by the Director of Community and Administrative Services. RESOLUTION'No. 84-73 - A Resolution of the City Council of the City of Tustin, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1984-85, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Adoption of Resolution No. 84-73 as recommended by the Finance Director. CITY COUNCIL ACTION AGENDA Page i 10-15-84 MOVED A~PROVAL WITH 6. APPEAL OF USE PERMIT 84-16 - TUSTIN COMMUNITY HOSPITAL IOITIONS OF FINAL PAJU(ING PLAN Pleasure of the Council. :>u~ECT TO REVIEW OF CITY COUNCIL, MAINTAIN HEALTH CARE FACILITY WITH NO INCREASE IN DRUG AND ALCOHOL FACILITIES WITHOUT COUNCIL APPROVAL AND REVIEW OF PARKING IN THREE YEARS WITH THE CONDITION THAT IF IT IS NOT ADEQUATE, THEY WILL BUILD PARKING STRUCTURE. APPROVED 8,000 SQ.FT. 7. APPEAL OF USE PERMIT 84-18 - EL CAMINO PLAZA ONE STORY BUILDING OF RETAIL ONLY Pleasure of the Council. VI. CONSENT CALENDAR APPROVED 1. APPROVAL OF MINUTES - October 1, 1984 and October 4, 1984 APPROVED 2. RATIFICATION OF PAYROLL in the amount of $113,653.46 APPROVAL OF DEMANDS in the amount of $459,020.42 APPROVED STAFF RECOI~ENDATION ~EJECTION OF CLAIM OF THOMAS MOORE; DATE OF LOSS: DATE FILED WITH CITY: 9/10/84; CLAIM NO. 84-21 Rejection of subject claim as recommended by Attorney. 6/19/84; the City APPROVED STAFF RECOIqqENDATION PROPOSED SALE OF WATER SERVICE FACILITIES TO CITY OF SANTA ANA Authorize the sale of ninety one water services to the City of Santa Ana in the amount of $56,645.66 subject to all procedures, as outlined by the City Attorney's office, and as recommended by the Director of Public Works/City Engineer. APPROVED STAFF :OI~4ENDATION Be PACIFIC BELL UTILITY EASEMENTS Authorize the Mayor to execute the subject grant deeds delineating easements within Lot E, Tract No. 6580, and across the easterly six feet of the parking lot located at 14742 Devonshire Avenue as recommended by the Director of Public Works/City Engineer. APPROVED STAFF RECOI~lqENDATION UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM CITY ADMINISTRATIVE AGREEMENT Authorize the Mayor and the City Clerk to execute the subject agreement as recommended by the City Clerk. APPROVED STAFF RECOI~ENDATION EXECUTION OF COOPERATION AGREEMENT/INDUSTRIAL DEVELOPMENT BOND FINANCING Authorize the Mayor to execute the subject agreement on the condition that if the project does not use funds from the 1984 allocation, the Council must again review the project prior to the use of any funds from the 1985 allotment as recommended by the Community Development Department. APPROVED STAFF RECOI~4ENDATION e PERMISSION TO LEVY RENT INCREASE Recommended that the rent increase as Jeffers be approved as recommended Development Department. requested by Mr. by the Community AOOPTED RESOLUTION NO. 84-79 9. RESOLUTION NO. 84-79 - A Resolution of the City Council of the City of Tustin, APPROVING PARCEL MAP NO. 84-1029 (Tustin Community Hospital) Adoption of Resolution No. 84-79 as recommended by the Community Development Department. CITY COUNCIL ACTION AGENDA Page 2 10-15-84 ADOPTED RESOLUTION ~.~-~ VII. POSTPONED 10. RESOLUTION NO. 84-83 - A Resolution of the' City Council of the City of Tustin, California, APPROVING TENTATIVE TRACT NO. 12273 (15582 South "B" St.) Adoption of Resolution No. 84-83 as recommended by the Community Development Department. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 921 - An Ordinance of the City Council of the City of Tustin, California, AMENDING PART 7, SECTION 9370, CHAPTER 3, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS CONTINUED UP TO 30 DAYS VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 919 - An Ordinance of the City Council of the City of Tu~tin, California, ADOPTING THE 1982 UNIFORM FIRE CODE, WITH CERTAIN AMENDMENTS M. O. - That Ordinance No. 919 have second reading by title only. M. O. - That Ordinance No. 919 be passed and adopted. (Roll Call Vote) IX. OLD BUSINESS - None X. NEW BUSINESS APPROVED ALLOCATION OF 1. REQUEST FOR SMOKE DETECTORS FROM NATIONAL COUNCIL ON FIRE PRE- FUNDS FOR 100 SMOKE DETECTORS VENTION TAC-1 (TUSTIN AREA COUNCIL) TO BE PLACED IN I~OBILE HOMES Pleasure of the Council. ~-~R TUSTIN RESIDENTS ONLY. ..PROVED RESTRICTED 2. REQUEST FOR RESTRICTED PARKING DURING STREET SWEEPING HOURS PARKING FOR MOUNTAIN VIEW DRIVE Pleasure of the Council. "B" STREET, ANDREWS STREET, AND CALIFORNIA STREET XI. REPORTS RATIFIED 1. PLANNING COMMISSION ACTIONS - October 8, 1984 All actions of the Planning Commission appealed by the City Council. are final unless RECEIVED AND FILED 2. COLUMBUS-TUSTIN WELL PROJECT STATUS REPORT Receive and file. RECEIVED AND FILED 3. REPAIR OF ASPHALTIC CONCRETE PAVEMENT Receive and file. XII. OTHER BUSINESS HUSTON ASKED FOR CLOSED SESSION FOR PERSONNEL MATTERS. COUNCIL THANKED EVERYONE INVOLVED FOR THE EXCELLENT JOB REGARDING TILLER DAYS. OUT TO APPROPRIATE GROUPS INCLUDING MARINE CORPS. LETTERS TO GO SALTARELLI WISHED MARGARET BYRD A HAPPY BIRTHDAY. 9:42 XIII. ADJOURNMENT Recessed to the Redevelopment Agency, thence to a Closed Session for Personnel Matters and thence adjourned to an adjourned regular meeting for long range Planning on October 29, 1984, at 7:00 p.m., and thence to the next regular meeting on November 5, 1984. CITY COUNCIL ACTION AGENDA Page 3 10-15-84 ACTION AGENDA OF A REGULAR I~EETING OF THE TUSTIN REDEVELOPMENT AGENCY October 15, 1984 7:00 P.M. 9:42 1. CALL TO ORDER ALL 2. ROLL CALL PRESENT APPROVED 3. APPROVAL OF MINUTES of October 1, 1984 APPROVED 4. APPROVAL OF DEMANDS in the amount of $42,138.00. ADOPTED 5. DESIGN REVIEW,- RESOLUTION NO. RDA RESOLUTION Redevelopment Agency of the City NO. RDA 84-12 ADDITION, USE PERMIT 84-18 WITH CHANGES TO ONE Pleasure of the City Council. STORY RETAIL BDILDING NONE 6. OTHER BUSINESS 84-12 - A Resolution of the Community of Tustin, California, EL CAMINO PLAZA '- %3 7. ADJOURNMENT - To the next regular meeting on November 5, 1984. REDEVELOPMENT AGENCY ACTION AGENDA Page I 10-15-84 Planning Commission DATE: October 22, 1984 SUBJECT: BUILDING DIVISION MONTHLY ACTIVITY REPORT Attached for the Commission's review, is the October Activity Report. do Community Development Deparlmem J CITY OF TUSTIN 300 Centennial Tustin, Calif. 92680 BUILDING ACTIVITY REPORT Month of_ OCTOBER , FY 1984 -8 $ ~ ~ '-~'------'~Year to Date _.._____. ~ Number NEW RESIDENTIAL ~ Valuation No. Units Valuation ~-tj~T1ON (Family) ~ ~ ' 1. Single-family (detached) ' 1 3 . 687 075 2. Condominiums & Townhouses (SF-attached) 3. Duplex :_ 4. Three & four family Apartment Buildings 5. Five or more family Apartment Buildings ~ ~ Total Family Units ~ 1L___...~ ~ ~ NEW RESIDEN.TIA.,L ~otal Non-Family ~ NEW NON-RESIDENTIAL Number ...... I - Valuation ~ Year to Date (Commercial/Ind.) ~ NO. Permits Valuation 1. Amusement & Recreation ~ 2. Churches & Religiou~ __---------------  ~000 2 2,123,600 .__ · Buildings 5. Auto Service and ~i~ Repair 6 Hospitals and Institutional ..... 7. Off ce, Bank, ~ 2 2.175 .799 -- Professional 8 Schools and Educationa (Retail Sales) ....... TO. Other Buildings Total Non-Residential 3 108,38.5 17 4,322,335 c{ESiDENTIAL ADDITIONS ' Year to Date No. Permits Valuation , ,ND ALTERATIONS ~erm,. 1. Room Additions 2 ~ 37,100 13 241, 348 2. Residential Garages 3. Patios & Covers 1 ~ 4, 500 11 18, 271 4. Swimming Pools& 2 ~ 21, 500 6 43,300 Spas . · · 5, Other 2 ~ ~,000 g ~ g~B4 Total Residential 7 69,100 38 391,803 Year to Date ~ION-RESIDENTIAL ADDI- Number Valuation No. Permits Valuation TIONS & ALTERATIONS Permits 1. Industrial BIdgs. 7 ~ 152,020 31 2,087,400 2. Commercial Bldg& 3 2 ~; ~,(~t~ q 6? , 0 _~0 3. Office& Professional 4 87,000 15 266,975 _ Bldg& 4. Other 2 9,300 9 70,382 Total Non-Residential 16 273,620 64 2,486,807 TOTAL MONTH AND YEAR TO DATE 639,705 Permit~ 19 8,076,620 CONVERSIONS 1. Apt& to Condominiums 2. To/From Residential (Non-Residential Bldg&) Total Conversions DEMOLITIONS 1, Residential 2. Other Total Demolitions PERMITS, INSPECTIONS, COLLECTIONS Building Electrical Plumbing Mechanical Grading Sign Miscellaneous (Permits & Inspections) New Development Tax Park Land Dedication Fee TOTAL Number Permits Number Permits Units Added (+) Units Removed (-) Units Removed 1 1 No. Permits This Month 27 No. Permits Yea~' to Date 133 97 83 57 4 18 27 Net Units Valuation Inspections This Month Redevelopment Area Town Center (TC.) South/Central 197 111 Inspections Year to Date 784 369 261 741 5 55 Year To Date units Valuation Year To Date Permits Units Removed FEES This Month .2,704.56 831.30 500.00 Year to Date 60,960.82 3,338.50 2,810.50 l:25~.50 309.0 449.00 360-00 22.0 21 2O 15 1 55 5O 169 .00 52.00 304.00 17,056.861 91,820.32 MAJOR PERMIT ACTIVITY OVER $100,OOO 1. N~w 2. Mfg. 3. 9. 10. Project Apt. Office Comments Demo-545 S. Site Address 545 S. "B" Stremt 2712 Dow Avenue Developer Ra.~ Manufacturin Valuation 1R8;6~0 102,000 RDA Project Area "B" Street (.Residential) (714) 544-8890 DONALD D, LAMM Director of Community Development N