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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 12-5-83Report to the Planning Commission CONTINUED PUBLIC HEARING NO. 1 NOVEJ~BER 28, 1983 SUBJECT: Continued Consideration of Tentative Tract No. 12018 APPLICANT: Richard Pierce LOCATION: REQUEST: DISCUSSION Properties at. the southeasterly corner of Warren Avenue and Holt Avenue {Annexation No. 133 area) Authorize subdivision of the property for townhome purposes Consideration of the subject tentative tract has been continued on several previous occasions due to the project's appeal by'the City Council. Prior to the applicant's condominium project proceeding, a corrected tentative map indicating 19 fee-title lots with access limited to Holt Avenue must be submitted. As of this staff report date, Mr. Pierce has been informed of the requirement, yet has not submitted the appropriate maps. Pursuant to the Subdivision Map Act, the advisory agency {Planning Commission) must render a decision on a tentative map application within a specified time period. If a decision is not rendered, State law deems the tentative map approved as submitted. However, in this case, the map in question would only permit 16 townhome condominiums which conflicts with Council's approval of 18 townhomes. Staff would presume Mr. Pierce would not want a 16-unit subdivision map approved at this time. RECOMMENDATION That the Planning Commission close the Public Hearing and reject consideration of Tentative Tract Map 12018 since the necessary maps have not been filed for Commission consideration. Donald D. Lamm Director of Community Development DDL:jh Community Development Department Report to the Planning Commission CONTINUED PUBLIC HEARING NO. 2 NOVF..~BER 28, 1983 SUBJECT: Use Permit 83-23 APPLICANT: Systems Engineering Construction Co. on behalf of Walter Fredriksen LOCATION: 545 South "B" Street REQUEST: Authorization to develop a five-unit, two-story apartment complex and vary from the minimum lot frontage of the Multiple-Family Residential {R-3) District BACKGROUND At the November 14, 1983 meeting, the Planning Commission considered the subject matter. After public input and Commission consideration, it was determined that further review by Commission members was warranted. The matter was continued to this meeting. The Commission did not direct staff or the applicant to provide any additional information. -'Alan Warren Senior Planner AGW:jh Community Development Department Report to the Planning Commission PUBLIC NEARING NO. 1 #OVEMBER 28, 1983 SUBJECT: Consideration of Revoking Variance No. 81-8 The Californian Apartments OWNER: Eugene Vollucci, President, Cai-State Associates, Inc. LOCATION: 14882-14942 Newport Avenue ZONING: R-3 (1750) - Multiple-Family ~esidential ENVIRONHENTAL STATUS: Exempt f~om Requirements of the California Environmental Quality Act REQUEST: BACKGROUND A City-initiated request to consider revoking approval to convert the Californian Apartments into Condominiums The Californian Apartment complex, located at 14482-14942 Newport Avenue, Tustin, was constructed in ig70 and purchased by Cai-State Associates in 1980. The complex consists of 296 apartment units; 167 one-bedroom and 129 two-bedroom units. Cai-State Associates was granted permission on January 18, 1982 to convert the apartments to condominiums subject to specific conditions such as recordation of a single lot tract map and execution of a tenant relocation agreement. Rather than granting a use permit, a variance was granted since relief was necessary from strict application of the condominium open space requirement. However, a use permit is technically included within the approval of the subject variance. A subdivision map was subsequently submitted and approved for the conversion on June 7, i982. The applicant Cai-State Associates is attempting to now record the final map prior to the tentative map expiration on December 7, 1983. Prior to and since conversion approval~ the property has been plagued with significant plumbing defects which have resulted in hot and cold water distribution failures, in addition to heating system ruptures. To further complicate matters, the building roof design is a flat surface composition membrane which is subject to leakage. The flat surface tends to allow water ponding which eventually penetrates the roof membrane into habitable apartment areas. Serious water damage has resulted in units throughout the apartment complex. A high vacancy rate due to water damage, excessive repair costs and partial conversion construction have resulted in periodic hazadrous living conditions, and continual disruption of tenant livelihood. Community Development Department Consideration of Revoking Variance 81-8 November 28, 1982 Page 2 ANALYSIS A substantial volume of co~laints and communications have been received in the past few months primarily concerning tenant living conditions. Numerous letters detail lack of hot or cold running water, holes in ceilings due to plumbing or roof leakage .and pestilence annoyance. Several tenants have appeared before the Council seeking assistance in correcting the various problems. xResulting from complaints presented to Council in September, Council directed staff to inspect the Californian and notify the property owner of code violations and needed corrections. Following-receipt of notices from the City and County agencies, Cai-State Associates commenced with some repair work but has yet to meet all Fire Department corrections or proceed with conversion. Council further instructed staff to work with the property owner to resolve code violations and formulate a property owner commitment to complete conversion or relinquish the subject variance. In addition to weekly meetings of the Director of Community Development and Cai-State Associates representative Steve Price; two meetings were attended by Cai-Stere president, Eugene Vollucci; Steve Price; City Manager, Bill Huston; City Attorney, James Rourke; and Director of Community Development, Don Lamm. These meetings were conducted in an attempt to convey' the seriousness of the situation and request a specific schedule for completion of the project. For whatever economic reasons, Cai-State Associates claims they are unable to proceed with the conversion unless relief is granted from payment of relocation benefits and prohibition of raising pre-conversion frozen rental rates. The City cannot continue to indefinitely condone inaction by the property owner. Several carports are filled with construction materials, excess earth is mounded against a rear perimeter wall, dirt covers a circulation driveway, buildings remain partially vacant with damaged units and some carports are partially converted. Until recently, up to fifty or more units of the 296 were vacant with many open to vandalism. While these units are presently locked or boarded closed, unless rented, they can again become the subject of vandalism. Vandalism in a vacant unit adjoining an occupied unit could result in a life. threatening situation. It is City staff's position that the conversion process should have been voluntarily terminated and all apartments brought into conformance with building and safety code regulations. Such action would have allowed requested relief from payment of future relocation benefits and the ability to raise pre'conversion frozen rents. The owner could then generate needed working capital to make necessary property repairs yet re-apply for conversion at future date when able to proceed. The property owner rejected staff's recommendation since he felt it would reduce property marketability. Mr. Vollucci has recently indicated his efforts to obtain financial assistance to proceed. However, to date a specific program has not been presented. In staff's opinion, there remain few alternatives but to revoke Variance No. 81-8. Community Development Department Consideration of ReVoking Variance 81-8 'November 28, t983 Page 3 RECOI~IENDATION ' Adoption of Resolution No 2125 recommending that the City Council revoke Variance No. 81-8. Director of Community Development DDL:jh Attachments: Staff report dated October 5, 1983 Resolution No. 2125 Community Development Department DATE: October 5, 1983 Inter-Corn - FAO#: SUBJECT: Honorable Mayor and City Council Members Community Development Department Californian/Windsor Gardens Apartments Condomin~dm Conversion Status BACKGROUIII) The City Council previously received communications from Cai-State Associates, Inc., owner of two apartment projects in the City approved for conversion to condominiums. Specifically, Cai-State requests that the relocation agreements be amended removing requirements to pay relocation benefits for voluntary tenant move-outs and to permit rent increases for those units with pre-conversion frozen rents. Cai-State has experienced substantial financial setbacks which have jeopardized both projects. The Californian at 14882 Newport Avenue has had severe water damage from plumbing failure and rain damage. The Windsor Gardens at 1651 Mitchell was also impacted by severe weather conditions and contractor disputes. When presented with Cai-State's requests, Council directed staff to analyze both projects in light of tenant concerns. The majority of problems at both projects surround: a) partially completed construction being an inconvenience for tenants; b) safety and other code violations; and c) non-payment of relocation assistance according to agreements. City and County staff inspected both projects and provided the property owner with thirty (30) days to make necessary corrections. Staff also recommended that the owner's request for rent increase and relocation relief not be considered until minimum code violations were corrected. Notices were sent to Cai-State Associates by certified mail on August 19, 1983 concerning corrections at the. Californian apartments. Again, following inspections of the Windsor Gardens apartments, notice was sent to Cai-State on August 25, 1983 outlining necessary corrections. MIN-YSIS OF CORRECTIONS The following generally describes corrections necessary at both projects and the status of said corrections following the 30-day compliance period: CALIFOR~IAII APARTtIEliTS 1. Correct code violations which include: removal of combustible debris from vacant units; disconnect utilities in vacant units; secure all vacant units; replace all missing fire extinguishers throughout the complex; provide, all weather access around rear of complex and replace missing building addresses. Condominium Conversion Status October 5, 1983 Page 2 Correction status: Most units secured; however, two at-random inspections after thirty-day period reveale~ at least four units un-locked, doors open, .combustible material in some as well as gas and electricity on in others. Fire extinguishers have been replaced throughout complex yet the Fire Department is not accepting dirt access road to the rear of the project. 2. Removal of all construction debris and abandoned vehicles in carports. Co~ectton status: The majority of all construction debris has been properly stored and removed from public view. Property has been cleaned and appearance is improved. Inspection did reveal at least two abandoned cars remaining in carports. 3. Provide hot and cold running water and space heating 'in all units. Correction status: Without physically knocking on doors, staff has not been able to determine compliance. A boiler unit may have broken during the last thirty days which caused a temporary loss of hot water, but not permanent. On the contrary, some tenants previously reported having only hot water; no cold. 4. Repair all damaged roof surfaces. Correction status: Coincidentaliy, it rained in the last thirty days. A tenant called to report water leaking through an ~ectrical ceiling fixture. Also, a vacant unit inspected by staff indicated extensive water damage to walls and electrical ~xtures. Roofs otherwise appear sound. 5. Proceed with construction of conversion. Correction status: Construction was terminated months ago, and owner indicates it will not commence without economic relief from the City. WINDSOR GARDE#S 1. Correct all code violations as detailed by City and County inspectors including an unobstructed access to fire hydrants, removal of debris, and installation of security fencing to isolate construction area. Correction status: One violation has been corrected while others have not. Generally, no further action is being taken by property owner. Condominium Conversion Status October 5, 1983 Page 3 2. Renew building permit for project conversion. Correction status: Permit has not been renewed to date. 4. Proceed with conversion construction. Correction status: No evidence of recent construction activity. Security guard previously hired to patrol site was not found during either of staff's two follow-up inspections. While Cai-State has made some attempts to comply with the City's requests, the Californian has not been adequately corrected to satisfy staff. On every inspection occasion, staff found unlocked, if not wide open, apartment units, some of which still have gas and electricity turned on. A child in the complex could easily be injured in one of these units if not cause a major accident. Cai-State believes a tenant may have a master key and is opening the units. Regardless, these units must be secured or the Building Department will take the initiative to have them secured and posted appropriately. Concerning Cal-Stata's request for amendment of the relocation agreements, staff agrees that voluntary move-out, not related to the' need for a particular unit for converston~ should not be grounds for payment of relocation assistance benefits. If the tenant chooses to leave for reasons unrelated to conversion, that is their choice. However, in these two projects, it is difficult to determine which are voluntary move-outs unrelated to the conversion since inconvenience has surely played a part in several departures. At the Windsor Gardens, the existence of anexcavation area consuming most available parking, noise, and dust surely affects tenants. The ideal situation would have been for the original relocation agreement to either freeze rents for tenants accepting the inconvenience of construction or receive normally scheduled rent increases and receive relocation assistance upon eviction. Regardless of the' economic plight of the property owner, the City is obligated to ensure safe living conditions at both apartment projects. Staff will continue to puruse the corrections dictated by the appropriate City and County inspectors. RECOI~NDATZOIIS Windsor Gardens In staff's opinion, the Windsor Gardens could be substantially completed and marketed as condominiums within a short period of time. The subdivision map has been recorded and substantial construction has occurred. The City should encourage this project to be swiftly completed. Council may wish to give consideration to rent adjustments and modification of the relocation assistance agreement. CondominiUm Conversion Status October 5, 1983 Page 4 Californian Apartments The Californian has been plagued with structural design problems including roof leaks and hot water plumbing leaks in ceilings. Since conversion construction has not substantially commenced and the subdivision map has not be recorded, 'the property owner should concentrate on property maintenance expenses and resolve structural design problems. This property should not continue to exist in a disrupted condition with a high vacancy rate of damaged units. Therefore, the conversion process should be terminated through either voluntary relinquishment of conversion rights or revocation of the project variance. Relinquishment or revocation of Variance No. 81-8 would terminate Cai-State's obligation to pay any future relocation assistance and also remove rent controls on apartments rented prior to variance approval on January 18, 1982. At such time Cai-State Associates is financially prepared to proceed, the City could again consider their application for conversion approval. Director of Community Development DDL:jh 1 2 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2125 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL REVOCATION OF VARIANCE NO. 81-8 The Planning Commission of the City of Tustin does hereby resolve as follows: II. III. IV. V. VI. VII. That following approval of Variance No. 81-8 which includes a use permit granting authority to convert the Californian Apartments into condominiums, ongoing maintenance and public health related problems have existed in the apartment complex. These adverse conditions generally have consisted of the following: A. Periodic failures in the plumbing system causing tenants to be deprived of hot or cold running water for periods up to several days at time. B. Periodic failures of the space heating recirculating hot water system causing severe water damage to apartment interiors. C. Periodic water leaks through roof surfaces into habitable areas of apartments. D. Periodic defic4encies in fire protection services due to thefts and non-replacement of fire extinguishers. The continued disruption and inconvenience to tenants residing on the premises due to construction related activity and material storage is detrimental to the health, safety and welfare of the tenants. That existence of numerous vacant units uninhabitable due to water damage presents an attractive nuisance encouraging vandalism to the property. That non-payment of required tenant relocation benefits constitutes a breach of contract between the City and property owner. That a necessary subdivision map required to be recorded prior to commencing sales of any condominium unit has not been recorded to date, nearly one and one-half years after its tentative approval. That the property owner has been given numerous notifications commencing in June, 1983 to proceed with the subject conversion and make necessary repairs to apartment units in conformance wi th City regulations. That to date, conversion construction has not proceeded since the model display complex was completed, nor have all fire code violations been corrected. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 9.6 27 28 Resolution No. 2125 Page 2 VIII. That the Planning Commission of the City of Tustin conducted a public hearing on November 28, 1983 to receive City Staff's analysis, property owner testimony and recommendations from any and all property tenants. IX. That following a public hearing, the Planning Commission finds as follows: A. The continuance of the use permit allowing conversion of the Californian Apartments to condominiums would be detrimental to the health, safety, comfort and general welfare of persons residing on the premises. B. That continued property owner inaction, resulting in building deterioration and partial conversion construction is injurious and detrimental to property and improvements in the surrounding area of the community. C. That continued relief from the strict application of the Zoning Ordinance pursuant to the terms of the variance is contrary to the public interest, safety, health and welfare. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission of ~he City of Tustin does hereby fecommend to the City Council of the City of Tustin, the immediate revocation of Variance No. 81-8. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on November 28, 1983. James B. Sharp, Chairman Janet Hester Recording Secretary Report to the Planning Commission PUBLIC HEARING NO. 2 NOVENBER 28, 1983 SUBJECT: Amendment No. i to Use Permit No. 80-3 APPLICANT: Burnett-Ehline Company LOCATION: 18352-18376 Irvine Boulevard (southwesterly corner of Irvine Boulevard and Newport Avenue) ZONE: (PC) Planned Community-Commercial ENVIRONMENTAL STATUS: An application has been filed for a Negative Declaration of Environmental Impact REQUEST: Authorization to construct a two-story office and commercial-retail building BACKGROUND The Burnett-Ehline Company, project applicant, received approval of Use Permit 80-3 in 1980 to construct a three-story office building located at the southeasterly corner of Holt Avenue and Irvine Boulevard. Recently, the applicant acquired adjoining property and wishes to now develop a Phase II project bounded by Irvine Boulevard, Holt Avenue and Newport Avenue. Approval to construct Phase II is being sought by amending the original Use Permit No. 80-3. DEVELOPMENT PROPOSAL The applicant proposes to demolish an existing 10,490 square foot one-story commercial building and construct a two-story 17,539 square foot office and commercial retail building. Intended occupants would consist of a branch savings and loan totalling 5,000 square feet and retail uses totalling 2,814 square feet on the first floor, with unspecificed office uses totally 9,377 square feet on the second floor. The site plans submitted and attached to this transmittal indicate 299 parking spaces provided overall to accommodate the Phase I office building, Don Jose restaurant, and Phase II office/retail building. Total parking provided will comply with zoning regulations if reciprocal access easements are recorded allowing full usage of the common parking area by all three building tenants. Vehicular access to the project will be provided along Holt Avenue and Irvine Boulevard and not permitted along Newport Avenue due to an off-street bicycle trail. Community Development Department Amendment No. 1 to Use Permit 80-3 )~ovember 28, 1983 Page 2 Building elevations submitted conceptually indicate a similar architecture for Phase II as that used in Phase I construction. Both reflective and black glass exteriors will be utilized along second floor elevations with brick veneer, used along first floor elevations. The proposed architecture is preferred to highlight the overall planned commercial development concept. ISSUE ANALYSIS Staff supports the recycling of underdeveloped properties into efficient, attractive land uses such as that proposed by this applicant. However, staff is concerned that the majority of the subject building will be occupied by office uses rather than retail commercial. Overall, a 10,490 square foot commerical center will be replaced with only 2,814 square feet of retail use. Recognizing staff's concerns, the applicant retained the firms of PBR Phillips, Brandt, Reddick and Stanley R. Hoffman Associates for project procesing and fiscal impact analysis. Mr. Hoffman's analysis of the project, also attached to this transmittal, specifically projects tax revenue from existing land uses versus those resulting from the new project construction. While staff could debate the analysis methodology, we do agree that the new project should produce equal revenue income to that generated by the few sales taxable businesses in the existing center. Philosophically, a new 17,000 square foot .retail center woulU be more preferred for this location. However, since such a project has not materialized, staff supports this application as submitted. RECOI~E#DATION That the Planning Commlssion take the following actions: 1. Approve by Minute Order staff's filing of a negative declaration of environmental impact. 2. Approve by adoption of Resolution No. 2124, Amendment No. i to Use Permit No. 80-3, subject to the conditions in attached Exhibit "A". Director of Community Development Attachments: Project Location Map Site Plan and Elevations Fiscal Impact Report Negative Declaration Exhibit A: Conditions of Approval Resolution No. 2124 Community Development Department ---' I' G2P PD ~OMM -.: g \ / BBB II III ' .i,. Z ii! 0 0 0 0 October 21, 1983 (Date). Depa~tme. t of Community Development AmendJnent 1 to UP 80-3 File Number SUBJECT: Negative Declaration - Environmental Impact Report TO: Addresses Reference: Section 15083, Chapter 3, Oivision 6, Title 14, California Administrative Code PROJECT TITLE: Amendment to Use Permit 80-3 PROJECT OESCRIPTION: Demolish old commercial center and replace with 17,000 square foot building for office and retail uses. LOCATION: 18352. throuqh 18376 Irvine Boulevard PROJECT PROPONENT: Burnett Ehline Co; Upon review and assessment of the facts and circumstances of the above described project, based upon the findings of the Initial Study, attached hereto, a finding is made that the project will not have a significant effect on the environment and is granted a Negative Declaration from the requirement for an Environmental Impact Report. MITIGATING MEASURES (if any): Building plans, plotting and location will be carefully reviewed by architect, and city staff to min- imize any potential problems of reflection. Community Oevel opment Director 300 Centennial Way · Tustin, California 92680 * (714J 544-8890 o 10. Exhibit "A" Conditions of Approval Amendment No. I to Use Permit 80-3 Construction of any missing or damaged street improvements shall be required along the Newport Avenue and Irvine Boulevard frontages and indicated on public improvement plans. These improvements will include but are not limited to the following: ~ a. curb and gutter; b. sidewalk; c. driveway aprons; d. street trees; and e. marbelite street lights with underground conduit. Dedication of 10 feet of right-of-way or an irrevocable offer of dedication for same across the Irvine Boulevard frontage of A.P. 401-283-02 will be required. A parcel map to consolidate lots identified by Assessor's Parcel Numbers 401-283-01, 02, 03, and 04 shall be recorded prior t~ a certificate of occupancy being issued for Phase II construction. A map consolidating lots identified by Assessor's Parcel Nos. 401-283-02, 03 and 05 shall also be recorded. 'The northerly portion of Assessor!s Parcel Number 401-283-02 requires. annexation to the Orange County Street Lighting Maintenance District No. 6. Completed annexation forms shall be filed with the City. A grading plan will be required for review and approval prior to issuance of a grading permit. Orange County Sanitation District No. 7 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. A comprehensive signing plan shall be approved by the Community Development Department prior to installation of any building or free-standing signing. A landscape plan shall be submitted to the Community Development Department for review and approval prior to installation of any landscape material. Said plan shall include: a. location, size and species of all specimen trees, shrubs and vegetative ground cover; b. soil amendment specifications to insure proper plant growth. Community Development Department Page 2 Exhibi't "A" Page 2 12. 13. 14. 15. 16. 17. 18. 19. An irrigation plan shall be submitted to the Community Development Department for review and approval prior to installation of any irrigation system. Said plan shall include location and description of the following: a. point of connection; b. back flow prevention device(s); c. location and types of valves; d. location and sizes of piping; e. sprinkler head types, locations and manufacturer model number. f. automatic sprinkler controller location and specifications. All drain down spouts and access ladders shall be placed within the building structure. 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 be completely screened from public view by architecturally compatible screening material, subject to the approval of City Staff. The common trash container enclosures shall be constructed of a minimum six-foot (6') high concrete block wall with solid gates to block the view of trash bins. The developer shall comply with all construction requirements of the Orange County Fire'Marshal's office which includes installation of necessary fire extinguishers, on-site private fire hydrants and fire sprinkler system. In consideration of displacing existing retail commercial businesses, a convenant shall be recorded with the property subject to termination only upon approval by the City of Tustin, restricting the use of a minimum 2,000 square feet of first floor building area to only those commercial retail uses maintaining a State Board of Equalization resale tax number. A minimum of fifty percent of an individual commercial retail business gross annual income shall be subject to California sales tax. Reciprocal vehicular access and parking easements shall be recorded allowing full usage of the common parking area by all three building tenants. Said easements shall be recorded prior to a certificate of occupancy being issued for Phase II. All applicable conditions of approval included in Use Permit No. 80-3 are hereby included in this approval of Amendment No. 1 to said Use Permit for construction of.the Phase II office and commercial retail building. Community Development Department Y Page 3 FEES REQUIRED FOR IMPROVEMENTS 1. 2. 3. 4, 5. 6. 7. Exhibit "A" Page 3. Subdivision map filing fees Sanitary sewer connection fee (per Orange County Sanitation District No. 7) New development tax Advanced street light energy charges All applicable Building Department fees All applicable Engineering Department fees All applicable Water District fees Community Development Department 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 25 9.6 27 RESOLUTION NO. 2124 A RESOLUTION OF THE ~LANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO USE PERMIT NO. 80-3 AUTHORIZING THE DEVELOPMENT OF A 17,740 BUILDING ADDITION IN THE COMMERCIAL/ PROFESSIONAL CENTER BOUNDED BY IRVINE BOULEVARD, HOLT AVENUE AND NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: 1. That a proper application, (Amendment No. i to Use Permit 80-3) has been filed by the Burnett-Ehline Company to develop a 17,400 square foot commercial/office building at the center bounded by Irvine Boulevard, Holt Avenue and Newport Avenue. 2. That a public hearing was duly called, noticed and held on said application. 3. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this 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: a. The use is in conformance with the Tustin Area General Plan and with use and application procedures of the Zoning Code (Sections g232a, g244e2(cJ) and Ordinance No. 884. 4. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by compliance with the City's Zoning and Development standards. 5. Proposed development shall be in accordance with the developmen~ policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as adminstered by the City Engineer. 6. A Negative Declaration of environmental impact is hereby approved in accordance with the California Environmental Quality Act. 7. Final development plans shall require the review and approval of the Community Development Department. 28 Resolution No. 2[24 Page 2 II. The Planning Commission hereby approves Amendment No. 1 to Use Permit No. 80-3 to authorize the development of a 17,740 square foot commercial/office building as applied for, subject to the following conditions: 4 5 6 7 8 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 Standards". This work shall consist of, but is not limited to: curbs and gutters, sidewalks, drive apron, street pavement, street trees and marbelite street lights With underground conduit. 9 10 11 12 13 14 2. Dedication of 10 feet of right-of-way or an irrevocable offer of dedication for same across the Irvine Boulevard frontage of A.P. 401-283-02 will be required. 3. A parcel map to consolidate lots identified by Assessor's Parcel Numbers 401-283-01,02,03 and 04 shall be recorded prior to a certificate of occupancy being issued for Phase II construction.' A map consolidating lots identified by Assessor's Parcel Nos. 401-283-02,03 and 05 shall also be recorded. 15 16 17 The northerly portion of Assessor's Parcel Number 401-283-02 requires annexation to the Orange County Street Lighting Maintenance District No. 6. Completed annexation forms shall be filed with the City. 18 19 20 21 A grading plan will be required for review and approval prior to issuance of a grading permit. Orange County Sanitation District No. 7 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. 22 23 Payment of East Orange County Water District fees will be required at the time a building permit is issued. 24 25 Continuous 6" concrete curbs shall be provided along landscape planters adjacent to parking spaces and drive aisles. 26 27 28 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 No. 2124 Page 3 'g. A comprehensive signing plan shall be approved by the Community Development Department prior to installation of any building or free-standing signing. 10. A landscape plan shall be submitted to the Community Development Department for review and approval prior to installation of any landscape material. Said plan shall include: a. location, size and species of all specimen trees, shrubs and vegetative ground cover; b. soil amendment specifications to insure proper plant growth. 11. An irrigation plan shall be submitted to the Community Development Department for review and approval prior to installation of any irrigation system. Said plan shall include location ana description of the following: a. point of connection; b. back flow prevention device(s);. c. location and types of valves; d. location and sizes of piping; e. sprinkler head types, locations and manufactuer model; f. automatic sprinkler controller location and specifications. 12. All drain down spouts and access ladders shall be placed within the building structure. 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. 14. 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 be completed screened from public view by architecturally compatible screening material, subject to.the approval of City Staff. The common trash container enclosures shall be constructed of a minimum six-foot (6') high concrete block wall with solid gates to block the view of the trash bins. 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 2O 21 23 24 25 26 9.7 Resolution No. 2124 Page 4 16. The developer shall comply with all ~onstruction requirements of the Orange County Fire Marshal's office which includes installation of necessary fire extinguishers, on-site private fire hydrants and fire sprinkler system. 17. In consideration of displacing existing retail commercial businesses, a convenant shall be recorded with the property subject to termination only upon approval by the City of Tusttn, restricting the use of a minimum 2,000 square feet of first floor building area to only those commercial retail uses maintaining a State Board of Equalization resale tax number. A minimum of fifty percent of an individual commercial retail business gross annual income shall be subject to California sales tax. 18. Reciprocal vehicular access and parking easements shall be recorded allowing full usage of the common parking area by all three building tenants. Said easements shall be recorded prior to a certificate of occupancy being issued for Phase II. lg. All applicable conditions of approval included in Use Permit No. 80-3 are hereby included in this.approval of Amendment No. ! to said Use Permit for construction of the Phase II office and Commercial retail building. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of , 1983. James B. Sharp, Chairman Janet Hester Recording Secretary 28 Report to the Planning Commission PUBLIC HEARING NO. 3 NOVEMBER 28, 1983 SUBJECT: Use Permit 83-22 APPLICANT: William Bender on behalf of William Zappas LOCATION: E1 Camino Plaza, Southeasterly Corner of 'Sixth Street and E1 Camino Real - Town Center Redevelopment Project Area ZONING: Central Commercial (C-2) ENVIRONI~NTAL STATUS: Categorically Exempt; Class 3, New Construction of Small Structures REQUEST: Authorization to construct an additional 4,000 square feet of retail building area BACKGROUND & DISCUSSION On January 12, 1976, the Planning Agency authorized renovation of the existing Tustin Square Shopping Center (now E1Camino Plaza). At that time the center did not include the parcel of land where Marshall's Department store is presently located. The owner, Mr. Zappas, has since purchased the Marshall's parcel and made various improvements to the building. The owner is now requesting authorization to add a new 4,000 square foot retail building on the corner of Sixth Street and E1Camino Real next to Marshall's. The only item of concern to staff is the rear elevation which faces Sixth Street. Usually rear elevations do not face a street, however, in this case, it does and staff feels that not enough attention has. been given to this elevation and more detail should be added. The parking breakdown for the center is as follows: existing building area 93,650 proposed additional building area 4,000 parking spaces required parking spaces existing 523 565 CONCLUSIONS 1. The proposed building addition is in conformance with the Tustin Area General Plan and City Zoning Ordinance. Community Development Department J * Use Permit 83-22 November 28, 1983 Page 2 -2. Adequate parking spaces are provided for the new addition and existing shopping center. 3. The proposal is in conformance with City Development Standards with the exception that more detail should be added to the rear {north) elevation. 4. The architectural style is in conformance with that style exhibited by the existing structures in the center. 5. The project is located in the Town Center Redevelopment Area and review and approval by the Redevelopment Agency is required. RECOI~I£NDATION Direct staff to prepare a resolution approving the use permit with conditions to include that more detail be added to the rear (north) elevation. An~Clfamberla~n Associate Planner MAC:ih Attachments: Development Review Summary Site Plans and Elevations Community Development Department DEVELOPMENT REVIEW SUMMARY Project: Use Permit 83-22 Location/District: sw corner of E1 C~m4no ; 6th STreet, Butldtng: Front Setback Side Setback Rear Setback Gross Square Footage Net Floor Square Footage Height Number of Stories Matart al s/Col ors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type Uses: Number of Public Notifications (Owners): Environmental Status * No Standard District Requirement Proposed None 8 feet None 6 feet N/A N/A N/A 4,000 N/A N/A 50 feet 15 feet 2 i Stucco/wood,tile roof proposed 2000 square feet over 2 acres 100% -parking etc. 27% 523 for center as per code 20% no. standard ~ 587 for center as per code None At grade N/A Shopping Center Retail Commercia 012 .dd~' d ::] 9"0~10" ¢ , Y I '1 "I I /~ z Report to the Planning Commission PUBLIC NEARING NO. 4 NOVEFIBER 28, 1983 SUBJECT: Variance 83-9 APPLICANT: Lewis Properties, Inc. 507 E. First Street Tustin, California LOCATION: 14772 Plaza Drive REQUEST: Authorization to vary from the front and side yard building setbacks required by Specific Plan No. 4 BACKGROUND On October 4, 1982, the Planning Agency adopted Resolution No. 2063 approving Variance 82-11. This action authorized construction of a 10,500 square foot office building that when completed would: 1) encroach 2'-6" into the 20' front setback area near the northwest corner~ of the site; and 2) have architectural columns along the northern elevation that would be placed 2'-6" into the 10' side yard setback. Additionally, patio walls 4.5' in height were approved within the front setback area. The standard for wall height is 3' in the setback area for Specific Plan No. 4. As of this date, construction of the project has not commenced and Variance 82-11 expired on October 4, 1983. Lewis Properties, Inc. still desires to develop the site and intends to use the office space as their corporate headquarters. Therefore a re-application has been submitted and is presen%ed for Commission consideration. DISCUSSION The project as re-submitted is exactly the same project approved by Variance 82-11. Attached is the staff report presented to the Planning Agency. All of the findings and conclusions contained in that report are still valid and staff recommends that Variance 83-9 be approved by the adoption of Resolution No. 2122. It should be noted that Resolution No. 2122 reinstates all findings, determinations, and conditions contained in the previous resolution of approval. Community Development Department Variance 83-9 November 28, 1983 Page 2 RECO~EI(I)EO ACTION Approval of Variance 83-9 by the adoption of Resolution No. 2122. Attachments: Letter from Applicant - October 26, 1983 Development Review Summary Report to Planning Agency - October 4, 1982 Site Plan/Elevations Resolution No. 2122 Corn mtmity Development Depart merit Lewis Properties Inc. 507 East First Street · RO. Box 117 Tustin, California 92681 7141544-7050 October 26, 1983 City of Tustin Community Development Department Tustin City Hall 300 Centennial Way Tustin, CA 92680 Reference: Variance Application Gentlemen: We submit herewith our reapplication for a setback variance as concerns our planned Corporate Headquarters building at 14772 Plaza Drive, Tustin, CA. This application is identical in scope to Variance #82-11 which expired per your City Ordinance on October 4, 1983. Within two weeks, we will submit our plans for checking and desire to commence construction in January 1984. This project was initally, del ayed due to general financial market conditions. In August 1983, we began a reconsideration and redesign of the interior of the building to allow for the growing needs of our firm. These factors prevented our proceeding under Variance #82-11. We wanted to pursue an extension of Variance #82-11 but due to an administrative calendar- ing error on our part, we did not discover until October 6, 1983 that the Variance expired on October 4, 1983. We remain available for any questions or further information requirements which you may have. Sincerely, LEWIS PROPERTIES, INC. By: ~i s (y~enior Vice President JRL:brs DEVELOPMENT REVIEW SUMMARY Project: Location/District: Action: LEWIS PROPRTIES, INC. - CORPORATE OFFICE 14772 PLAZA DRIVE/ P.C. - OFFICE/COMMERCIAL VARIANCE 82-11 Building: Front Setback Side Setback Rear Setback Gross Square Footage Net Floor Square Footage Height Number of Stories Materials/Colors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type Uses: Number of Public Notifications (Owners): Environmental Status * No Standard District Requirement Proposed 20' 17-1/2' 10' 7-i/2' - 33' 10' 68-1/2' * 10,500 * 9,070 35' 29Z1/2'' 2' 2 Staff and Planning Stucco Walls Commission Review Wood Shingles 100' min.lot frontage 25,200 sq.ft. 48% 26.5% 35 35 1/300 1/300 20% 20% open * at grade Commercial/Office General Office 22 A Negative Declaration has been applied for 22 DATE: October 4, [982 PUBLIC HEARING NO. 3 Inter-Corn TO: FROM: SUBJECT: Honorable Chairman & Planning Agency Community Development Department Variance 82-11 Applicant: Location: Request: Lewis Properties, Inc. 14772 Plaza Drive Authorization to vary with the front and side yard building setbacks of Specific Plan No. 4. BACKGROUND The subject property is located in Tract 8475 which fronts on Irvine Boulevard just east of Holt Avenue. The tract was planned as an office complex and was to be developed in accordance with precise regulations of Specific Plan No. 4 (adopted by Ordinance No. 606, January 4, 197g)F Since 1974, the tract has been slowly developed with two office buildings, one savings and loan and a small multi-tenant retail center. In July, 1977, the City Council approved a zone change (R-3 District) for approximately half of the tract to authorize the construction of apartment buildings at the rear of the tract. The parcel, which Lewis Properties, Inc. wishes to develop, is the last undeveloped lot in the tract. It is the intention of the applicant to use the building as the firm's corporate office. DISCUSSION The subject lot is a little more than half an acre in size and is located along a curve on Plaza Drive. The structure is designed with two stories and with a gross floor area of 10,500 square feet. The proposal satisfies all existing zoning and development standards with the exception of the front (20') and northern side (10') yard setbacks. Two architectural columns along the north side of the structure extend beyond the setback lines by 2.6'., Although these columns are not structural elements of the building, they do need to be supported by foundations. The building walls are behind the setback lines. In addition, the architect is proposing 4.5' high patio walls in the front yard, approximately 15' from the front property line. Extensive landscape berming is proposed for the front yard area. The architect has stated that this mounding will not cause the building pad to be much higher than the existing grade level. Chairman & Planning Agency October 4, [982 Page 2 FIIIOIIIGS & CONCLUSIONS 1. Because of the configuration of the parcel, a large portion of the property is available for use as front yard area. While one corner of the building is within the setback line, about 18% of the lot is a part of the front setback area. The unusual lot configuration could be viewed as a hardship as a result of the zoning regulations. 2. The residential structures within the complex were not required to meet the 20' front setback regulation when constructed. The R-3 district requires only a 15' setback. 3. The office building adjacent to this parcel on the north was constructed to the 20' setback line at the first floor level. However, the second floor was authorized by the Planning Agency to overhang the line by 6' as provided by the zoning code. 4. Staff believes the building will be an excellent addition to the area and that the design is in conformance with the styles of architecture in the immediate area and should be approved as proposed. 5. The configuration of the parcel, with a curved front property line, produces an irregular shape creating difficulty in complying with the front yard setback. RECOI~NDED ACTION Approval of Variance 82-11 as proposed by the adoption of Resolution No. 2063. Standard City requirements and staff recommendations are contained within the resolution. AGW:jh 9-28-82 1 2 3 4 5 6 7 8 9 10 11 12 13 ~4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2122 A RESOLUTION OF THE PLANNING COMMISSION OV THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING LEWIS PROPERTIES, INC. TO VARY FROM THE FRONT AND SIDE YARD SETBACKS OF SPECIFIC PLAN NO. 4 ON PARCEL 3 OF TRACT 8475 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, (Variance No. 83-g), has been filed by Lewis Properties, Inc. requesting authorization to vary with the requirements of Specific Plan No. 4 (Ordinance No. 606) to develop an office building 2'-6" inside the 20' front setback and 2'-6" inside the 10' side setback line and to allow 4'-6" high patio walls 15' from the front property line. B. That a public hearing was duly called, noticed and held on said application. C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, evidenced by the following findings: The use is in conformance with the land use element of the Tustin Area General Plan and with the requirements of Specific Plan No. 4; The curvature of the fronting street (Plaza Drive) results in an extended front yard area which satisfies the intent of the Specific Plan setback requirements. D. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. E. A Negative Declaration has been applied for in compliance with the requirements of the California Environmental Quality Act. F. That the granting of the variance as herein provided will not be contrary to the intent of the Zoning Ordinance or the public safety, health and welfare, and said variance should be granted. 1 2 Resolution No. 2[22 Page 2 3 4 5 6 7 8 G. Proposed development shall be in accordance with the development policies adopted by the City Council; Uniform Building Codes as administered by the Building Official; Fire Codes as administered by the Orange County Fire Marshal; and street improvement requirements as administered by the City Engineer. H. Final development plans shall require the review and approval of the Community Development Director. 9 10 11 12 13 14 15 II. The Planning Commission hereby grants a variance as applied for, to authorize Lewis Properties, Inc. to vary from the setback requirements of Specific Plan No. 4, subject to the following conditions: A. 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 Standards". This work shall consist of, but is not limited to: curbs and gutters, sidewalks, street pavement and street trees. 16 17 B. The building shall be provided with an automatic fire detection system as approved by the Orange County Fire Marshal's office. 18 19 C. The final grading plan shall be submitted and shall delineate the points of connection for the sanitary sewer and domestic water service. 20 21 D. Payment of Sanitation District No. 7 connection fees shall be required at the-time a buiding permit is issued. 22 23 E. Payment of East Orange County Water District fees shall be required prior to the time the City sets the domestic water service meter. 24 25 F. The developer will be responsible for the construction of full-width sidewalk with tree wells across the frontage of the proposed development. 26 27 G. All signs must be approved by the Planning Department prior to permit issuance. 28 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 9.7 28 Resolution' No. 2122 Page 3 H. All roof equipment must be screened from view by the screen wall parapet of the building. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of , 1983. James B. Sharp, Chairman Janet Hester ReCording Secretary Report to the Planning Commission PUBLIC HEARING NO. 5 NOVEMBER 28, 1983 SUBJECT: Amendment to Specific Plan No. 6: Holt Neighborhood Plan LOCATION: Area located on the easterly side of Holt Avenue, westerly of the E1 Modena Flood Control Channel, southerly of Warren Avenue and northerly of the North Tustin Channel. BACKGROUND The proposed amendment to Specific Plan No. 6 stems from the Council approval of Use Permit 83-20 and Pre-Zone 83-1. The Council approved a total of eighteen residential units for an average density of 2,820 square feet per unit for Use Permit 83-20. Additionally, the internal circulation for the proposed project was changed from an exit onto'Warren AVenue to an exit onto Holt Avenue. Pre-Zone 83-1 was adopted with a zoning designation of R-3 (2800). The current Specific Plan calls for a maximum density of 3,000 square feet for each unit. The internal circulation calls for an exit onto Warren Avenue in the location of the proposed project. Subsequent to the public hearings, the Council directed staff to prepare an amendment to the Specific Plan and submit these changes to the Planning Commission and City Council. DISCUSSION The development standards for Specific Plan No. 6 are contained in Exhibit "A". These include architectural criteria, site requirements, setbacks, building heights, landscaping, circulation criteria, etc. The specific amendments to these standards include: 1. Section V A-2 will be changed from: "The minimum land area per dwelling unit shall be 3,000 square feet" to: "The minimum l~nd area per dwelling unit shall be 2,800 square feet". 2. Exhibit "B", shown as the "Schematic Access and Setback Plan", will be altered to reflect a driveway exit onto Holt Avenue instead of the Warren Avenue exit. This change is shown in the attachments as "Exhibit B, Amended". In evaluating this amendment, staff reviewed the impact in regard to the remaining sites that could be developed in the Specific Plan area. The specific plan contains a total of eight lots of approximately 3.1 acres. To date, two use permits have been processed within the area, co~ering seven.of.the.eight` L lots. The remaining lot is the southern most parcel, an irregularly Shaped )o~ of approximately 27,870 square feet. Community Development Department Amendment to Specific Plan No. 6 November 28, 1982 Page 2 Use Permit 83-20 endompasses the three northern lots (lots 1-3) and the proposed amendment to 2,800 square feet allows the applicant to develop two additional residential units. Use Permit 81-12 covers the four middle lots (lots 4-7) and was approved at the 3,000 square foot designation, permitting a total of twenty units. This project will be developed in two phases of ten units per phase. The first phase is currently under construction. The remaining parcel would be able to develop at 9.3 units at 3,000 square feet, or 9.9 units at 2,800 square feet. Additionally, the site is irregularly shaped, which restricts the ability to develop the site to its maximum number of units. The site is zoned R-3 (3000) and would have to obtain a zone change to permit a development at 2,800 square feet per unit. Therefore, with the exception of the two additional units in Use Permit 83-20, staff anticipates no or, possibly one, additional units from this proposed change. As stated in the October 10, 1983 staff report (Use Permit 83-20) to the Planning Commission, it is possible to redesign the Warren Avenue driveway to exit instead of onto Holt Avenue. Staff felt that in the interest of traffic safety, it was more desirable to have the exit on Warren Avenue instead of Holt Avenue. Residents in the area. felt an exit onto Holt Avenue was more desirable and subsequently the Council approved Use Permit 83-20 with an exit onto Holt Avenue. The change in the internal circulation is submitted to bring the Specific Plan in conformance with this Council action. Since the proposed amendment would increase the number of allowable residential units, a new environmental determination is required. Specific Plan No. 6 was reviewed and originally given a Negative Declaration. The proposed increase in units does not significantly increase any impacts and therefore staff is submitting a new Negative Declaration for the proposed amendment. RECOFIqENDED ACTION That the Planning Commission recommend to the City Council the amendments as described for Specific Plan No. 6. Associate Planner EMK:jh Attachments: Specific Plan No. 6 "Exhibit B, Amended" EXItlBIT A SI~FIC t~ NO. 6 p~ A~ WAI~ ~ BY I:~/X,UTI(I~ NO. 81-52 .,. TABL£ OF CONTENTS SECT[ON I; Objectives [l. Statistical Data III. Notes [¥. Definitions' ¥. ~ene~l.0evelop~ent St=nd~rds A. Permitted Uses and Architectural Crtter~a B.' Site Requirements ¢. Setbacks O. Bu~ldtng Heights £. Landscaping F, Pa~tng Requtr~ents ~. Fences and Walls H. Storages and Refuse Collection Areas I. Ct~ulatfon Cr~l~r~a II. III. I. OBJ[CTIYES A. Preserve and protect the public health, safety, and general welfare of the area by encouraging the orderly development of the subject property. B. Plan for a consistent neighborhood development which conforms with the General Plan for the City of Tustin and goals of the community. C. Develop standards that will be uniformly applied to all lots within the specific pl'an area, regardless of ownership. STATISTICAL DATA The specific plan area is bounded by Warren Avenue to the north; the No~h Tustin Channel to the south, Holt Avenue to the west, and the E1 Modena Channel to the east, The total acreage for the site is approximately five (5) acres. NOTES Within the specific plan area, the continued use of the land as a single family structure, as defined as a Residential Estate District (E-C), Tusttn City Code Section 9222 la, thereto shall be permitted. 2. No building permits shall be allowed for any project which does not conform to the general development standards of this. plan. e Where conflicts between these general development standards and other zoning regulations exist, the provisions of the speclffc plan shall prevail. 4. Review of any proposed project shall be by Use Permit, as outlined in Tusttn City Code Section. 9291, 9293, 9294, g296. Within the specific plan. area, water services will be provided by Tustin Water Works, sewerage facilities by the County Sanitation District No. 7, electrical services by Southern California Edison, and gas services by Southern California Gas. l~ese service facilities are provided along Holt Avenue, Drainage plans shall be reviewed by the Building Official and conform to the requirements of the Orange County Flood Control District. 6. Excess public land may be incorporated into the project without necessity for plan amendment. e Upon application for a use permit for development, CC&R's shall be submitted for review and approval that permit the incorporation of subsequent development projects within the plan area. IV. DEFINITIONS Where applicable, definitions contained in Tustin City Code Section 9297 shall be utilized for these specific plan regulations. Townhouses: For the purposes of this specific plan, a townhouse shall be defined as a multiple family dwelling with a private attached garage and each dwelling unit shall be located on an individul lot of record and there shall be no more than one dwelling unit on any lot. 3. Open Space: Common open space and private open space. A. Private Open Space: Uncovered patio areas for the exclusive use of the owners or tenants of the dwelling. Common Open Space: Landscaping; lawn area, non-commercial outdoor recreational facilities incidental to the residential development, walkways, or necessary fire-fighting equipment and installations. Each dwelling unit shall be guaranteed right of use to commonly owned and maintained open. space. Said common open space shall be designed so as to be useable and suitable for recreational purposes and/or as a visual amenity. GENERAL DEVELOPMENT STANDARDS Permitted Uses and Architectural Criteria. This specific plan is for the development of residential uses, with the permissible type of building being a townhome dwelling as defined in Section IV, No. 2. The minimum land area ~er Uwelltng unit shall be 2,800 square feet. Proposed projects are encouraged to utilize no more than two to three units per building, but in no case shall any development proposal have more than four dwelling units per building. 4. Exterior Design: A. Roofs - Dominant roof form should be a conventional gable with minimum use of shed or flat elements. Eaves should not be chipped. B. Roofing - A heavy textured dark material, such as wood shake, single or thick butt composition shingle. Ce Exterior Materials and Colors - A combination of horizontal wood siding with minimal use of plaster elements is encouraged. Earth tones will be used for the basic building exterior color. Buildings may be tri~mmd with contrasting paints and stains. .Design Details - The following, details are encouraged for Incorporation tnt~ the building elevation. Doors and windows should be trim,ed, with the use of multiple paned windows. Fascia and barge board should be emphasized as a design element. Fireplace chimneys should be sheeted in horizontal siding and trimmed. B. Site Requtre~nts A minimum of 40% private and common open space shall be provided for each proposed project. C. Setbacks 1. Setback from Holt Avenue - 20 feet. Z. Setback from Warren Avenue - 15 feet. 3. Side Yard - Side yard setback shall be a minimum of five feet. 4. Rear Yard - Rear yard setback shall be a minimum of 15 feet, setback from the E1 Mod, ha Flood Control Channel and North Tustin Channel shall be a minimum of 15 feet. 5. Architectural features may project as follows: a. Roof overhang, subject to the approval of the Community Development Director may project six (6) feet into the twenty (20) feet setback area and three (3) fees into. a fifteen (15) foot setback area. Butld~ng Heights' Unless otherwise specified in .this plan, all building heights shall not exceed two'stories or 35 feet. £. Landscaping 1. General Statements. a. Landscaping shall consist of an effective co~ination of street trees, trees, ground cover, and shrubbery, provided with suitable irrigation. b. Any undeveloped areas will be maintained in a weed free condition. c. Where feasible, preserving and maintaining existing mature trees will be a priority. 2. Holt Avenue Landscape Treatment A minimum five foot landscape setback from property lines to fences or walls shall be planted with trees, shrubs and ground cover. Fences shall be periodically off-set at a greater depth for aesthetic purposes, Common Ownership Areas Such portions of the site shall be adequately landscaped with trees or ground cover to provide both visual amenity and variety. 4. ~andscape Maintenance Ce d® Parkin~ Property owners, individually and collectively through an association shall be responsible for the maintenance of private and commn open space and landscaped areas. Lawn and ~ound covers are to be kept trimmed and/or moved regularly. All plantings in planting areas are to be kept free of weeds and debris. All plantings are to be kept in a healthy and growing condition, Fertilization, cultivation, and tree pruning are to be a.part of r~gular maintenance. Irrigation wtll be p~ovtded and adequately maintained to provide an effective system of irrigation for plantings and .trees throughout all areas. Stakes, guys and ties on trees will be checked regularly for correct function. Ties will be adjusted to avoid creating abrasions or girdling to the stems. '.. Requirements Each dwelling unit shall provide a minimum of two parking spaces per unit, one DP which shall be an enclosed attached garage. Xf a carport is utilized for the second space, it shall also be attached to the unit. If a minimum.nineteen (19) foot drive apron is provided per unit, no additional ~uest parking is required. In lieu of the drive approach, one-half parking space per dwelling unit for guest parking shall be provtded~ parking Space Dimensions a. Enclosed spaces shall be a. minimum of ten by twenty feet. b. Open spaces shall be a minimum of g x Fences and Walls All fences facing Holt Avenue, Warren Avenue, and the North Tusttn Channel shall match the materials and colors of the building exteriors. They shall be limited to enclosing the private patio area, and shall not exceed six (6) feet in height. 2. A solid'masonry wall six feet eight inches (6'-8") in height shall be constructed along 'the El Modena Channel frontage. Storage and Refuse Collection Areas 1. All outdoor storage areas and refuse collection areas shall be enclosed and visually screened so that materials stored within these areas shall not be visible fram access streets and adjacent property. I. Circulation Criteria The number of access points to Holt Aveue shall be limited to two locations, with one additional access allowed to Warren Avenue, per Exhibit B. Precise locations for access points shall be approved by the City Engineer. Circulation within the specific plan area shall be a private street with a minimum wtdt~ of twenty-four (24) feet with a nineteen (lg) feet drive approach, and twenty-seven (2?) feet with a shorter drive approach, per Exhibit B. Drive approaches shall be a minimum of five feet and a maximum of seven feet. To allow for parking in the drive approach, a minimum length of ni.neteen feet is required. No on-site parking spaces shall be designed that will require a vehicle 5o back onto Holt Avenue or Warren Avenue. ~. .1', i I":l ~' ~ ~'-~[ ~,',.',,.,~...~,;r,,,__ ~ ,4 EXHIBIT B, AMENDED I I Report to the Planning CommissiOn OLD BUSINESS NO. 1 NOVEMBER 28, 1983 SUBJECT: Extension of Tentative Tract No. 10300 LOCATIO#: 14882-14942 Newport Avenue, Californian Apartments O ISCUSS ION Cai-State Associates"s approval of Tentative Tract No. 10300 is due to expire on December 7, 1983 unless said map is extended past that date or the final subdivision map is approved by the City Council and recorded. Since continuation from the last Planning Commission meeting, Cai-State Associates has submitted a final map for consideration by the City Council on December 5; 1983. If said map is certified and recorded prior to expiration of the Tentative Map, an extension of the Tentative Map is not deemed necessary. RECOI, IqE#DATIO# That the Planning Commission receive and file Cal-State Associates's request to extend Tentative Tract Map No. 10300. Director of Community Development DDL:jh Community Development Department Report to the Planning Commission NOVEMBER 28, 1983 SUBJECT: Site and Architectural Review APPLICANT: LOCATION: ZONING: NEW BUSINESS NO. 1 Mike Porto on behalf of Nell Frumkin Northeasterly corner of Walnut Avenue and Newport Avenue Retail Commercial (C-1) BACKGROUND Preliminary site plans and elevations were submitted by Mike Porto for a proposed 9,400 square foot commercial center for the remainder of the vacant property on the northeasterly :orner of Walnut Avenue and Newport Avenue. The Lttt?e Kings restaurant now exists on the northeasterly corner of the property. DISCUSSION Staff has completed the preliminary review and the following comments were received from the various departments. Engineering: Any missihg or d~maged street improvements will require construction and/or replacement. These improvements would include, but not be limited to, the following; sidewalk, drive apron, street trees, street lights, water service and sewer lateral. o A final grading plan, based upon Orange County Surveyor's datum, should be submitted for review and approval. Orange County Sanitation District No. 7 sewer connection fees will be required at the time of issuance of a building permit. This fee is $50.00/1,000 square feet of building area for the new building. 4. East Orange County Water District fees will be required at the time a building permit is issued. 5. Left turn access into and out of the Walnut Avenue driveway will not be allowed. All other movements will be permitted. In the event the new and old structures were to be sold to different individuals, a parcel map would be required to facilitate the subdivision. ~ Com reunify Development Depart ment J Site and Architectural Review November 28, 1983 Page 2 FIRE Fire hydrants required and operational prior to combustible construction. PLANNING An additional trash enclosure is warranted because of increased building area on the site. It could easily be placed on the north easterly end of the building in the side yard setback area adjacent to the parking lot. The restaurant has a pole sign for business identification. The sign code authorizes only one free standing sign per street frontage, therefore, the only free standing sign which can be considered would be for Walnut Avenue. 3. The site plan reflects the following calculations for parking: existing restaurant - 8 seats at 1 space/3 seats = new retail area - at 1 space/200 sq. ft. = new storage area - at 1 space/500 sq. ft. = 3.0 spaces 37.6 spaces 3.8 spaces Total = 44.4 spaces Parking Provided = 46.0 spaces The main tenant of this proposed center is Chief Auto Parts. As part of their interior floor plan, they will be utilizing 1,880 square feet for storage of parts and accessories. Under the zoning code, this area may be calculated at one parking space per 500 square feet of storage area. A concern of staff is if the auto parts store moved from the center and a pure retail user moved in, the parking would be insufficient. The developer has expressed a desire to demolish the old restaurant when the present lease expires and provide more parking spaces in that area. RECOf,~£NDATION Approve, by Minut~ Order, the site plans and elevations with the following conditions: That all comments listed above be adhered to and that a covenent be recorded, prior to the issuance of a building permit, which limits the use of the auto parts tenant space to an auto parts business or one of a similar nature as may be determined by the Planning Commission, unless the existing restaurant is demolished and additional parking is provided. 1-ain Associate Planner MAC:jh Attachments: Site Plans and Elevations Development Review Summary DEVELOPMENT REVIEW SUMMARY Project: site and Architectural Review Location/District: Northeasterly corner of Walnut & Newport Action: Approve Site and elevations C-1 Retail Co~u~Ler cial Building: Front Setback Side Setback Rear Setback Gross Square Footage Net Floor Square Footage Height Number of Stories Materials/Colors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type District Requirement Proposed 15 feet 40+ feet 10 feet 10 feet None N/A N/A N/A N/A N/A 35 feet 20'4" 2 stores 1 story Stucco, Brick, Wood, Tile Roof 5,000 30.000 sq. · N/A 44 46 Per C-1 Code Per C-1 Code 20% None At qrade At qrade Uses: Retail Retail Number of Public Notifications (Owners): N/A Environmental Status Exempt ft. * No Standard N/A Departmental Status Report NOVEMBER 28, 1983 DEPARTlqENTAL PROJECT STATUS - WEEK OF NOVEMBER 21, 1983 STAFF CONCERNS NO. I This report is intended to inform the Council and Commission of Community Development Department projects and their processing or construction status. Should any member of the Council or Commission desire further information, please contact me at your convenience. 1. Building permits were issued for the Rancho San Juan Condominium conversion project (13772 Red Hill Avenue). Staff has held meetings with the Robert P. Warmington Company regarding the development of the condominium project at the southern terminus of-Newport Avenue. The original applicant on the project has dropped out of consideration for its development. 3. Preliminary plans have been submitted for a small shopping center at the southwest corner of First Street and Centennial Way. Final construction plans have been approved and permits are ready to be issued for the 18,000 square foot research and development building at the corner of Myford Road and Dow Avenue. 5. The Request for Proposal (RFP) for the Santa Fe Land Specific Plan has been sent to planning consultants for review and response. o The lOth Year H.C.D. application was filed requesting funds for housing rehabilitation, public improvements for the "B" Street/Mitchell area and smoke detector purchase for low and moderate income households. 7. Phase II of the East Tustin Specific Plan has begun with the formulation of alternative plans. 8. On a lighter side, tenant improvement plans have been issued for a Haagen-Dazs ice cream shop in the Courtyard shopping center. Director of Community Development DDL:jh AGW:DDL:jh Community Development Department Report to the Planning Commission STAFF CONCERNS NO. 2 NOVEMBER 28, 1983 SUBJECT: Report on Council Actions - November 21, 1983 Oral presentation to be given by Donald D. Lamm, Director of Community Development. /ih Attachments: City Council Action Agenda - November 21, 1983 Planning Commission Action Agenda - November 14, 1983 Community Development Department ? :O! I. ALL PRE~ENT II. III. TUSTI# CITY ~ovember 21, 7:00 CALL TO ORDER/PLEDGE ~ ~LEG~ANCE/~NVOCAT~ON ~OLL ~LL PUBLIC INPUT IV. PUBLIC HEARINGS - None APPROVED APPROV13) APPROVED STAFF RECOleE:I~ATION · °PROVED STAFF' RE~ATIOII CONSENT CALENDAR 1. APPROVAL OF MINUTES - Nove~foer 7, 14, and 15, 1~$3 2. EATIFICATION OF PAYROLL in the amount of $105,677.26 APPROVAL OF DEMANDS in the amount of $2,155,956.98 e REJECTION OF CLAIM OF TERESA JOE OLSON; DATE OF LOSS: 6-14-83; OAr[ FILED: 9-12-83; CLAIM N0.'83-31 Re~ection of subject claim as recommended by the City Attor- ney. RESOLUTION N0. 83-97 - A Resolution of the Ctty Counctl of the City of Tusttn,. CREATING A DEBT SERVICE SURCHARGE FUND Adoption .of Resolution No. 83-97 as ~ecommended by the Ftnance Director. '5. RESOLUTION NO. 83-g9 - A Resolution of the City Council of the · City of Tusttn, California, APPROVING CONDITIONAL USE PERMIT NO. 83-20 AMENDING THE DECISION OF THE PLANNING COMMISSION AND AUTHORIZING CONSTRUCTION OF EIGHTEEN RESIDENTIAL TOWNHOME CONOOMINIUMS LOCATED AT 14452, 14472, 14492 HOLT AVENUE Adoption of Resolution No. 83-99 as directed by the City · Council. 6. RESOLUTION NO. 83-100 - A Resolution of the City Council of the Ctty of Tusttn, California, IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROdECTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY Adoptton of Resolution No. 83-100 as requested by the Edt son Company. 7. RESOLUTION NO. 83-102 - A Resolution of the City Councll of the City of Tusttn, California, COMMENDING RONALD N. REAGAN, PRESIOENT OF THE UNITED STATES Adoption of Resolution No. 83-102 as requested by the City Council. Se L. P. REPERTORY PRODUCTION Appmve the 1984. agreement wflth L. P. Repe~ory as presented as ~ecommended by the Recreation Superintendent. ClT~ COUNCIL ACTION AGENDA Page 1 11-21-83 VI. I#TRODUCE) OImINANC£ NO. 899 ORDINANCES FOR INTRODUCTION OROINANCE NO. 899 - An Ordinance of the City Council of the City of Tusttn, California, ADOPTING PRE-ZONE 83-1, AUTHORIZING THAT 144S2, 14472, 14492 HOLT AVENUE BE ZONED MULTIPLE-FAMILY RESIDENTIAL R-3 (2800) UPON ITS ANNEXATION TO THE CITY OF TUSTIN Mo O. That Ordinance No. 899 have first reading by tttle on1 y. That Ordinance No.. 899 be introduced. VII. ADOPTEO ~ROINANCE I10. 896 1. REVIEW Ill 6 NOlrlllS ORDINANCES FOR ADOPTION ORDINANCE NO. 896 - An Ordinance of the City Council of the Ctty of Tusttfl, Caltfoenta, A~ENOING VARIOUS SECTIONS OF THE TUSTIN CITY CODE BY REQUIRING A CONDITIONAL USE PEPuqIT FOR LIQUOR STORES, HOTELS AND MOTELS, BOWLING ALLEYS AND CONSTRUCTION OF PROFESSIONAL OR GENERAL OFFICE BUILDINGS M. O. - That Ordinance No. 896 have second reading by title ~nly. H. O. - That Ordinance No. 896 be passed and adopted. (Roll Call Vote) VIII. OLD BUSINESS- None IX. NEW BUSINESS RECOI~NDATZON VATIONS ABOUT X. REPORTS ORANGE COUNTY · TRANSPORTATION COMMISSION (OCTC) PROPOSED TRANSPORTATION INVESTMENT PROGRAR Otrect staff to forward the l~st of additional projects to the O.C.T.C. for inclusion into the l$-2ear Transportation Investment Program and to respond to the O.C.T.C. questlong as Indicated fn subject eepoet subject to any changes/additions by the City Counct~ or the Coif. unity. REC~TYEO AND. FILED ~I~ ~ FILED PLANNING COMMISSION ACTIONS - November 14, i983 Al1 acttons of the Planning Commission are appealed by the City Council. fi nal unl ess IRVINE BLVD. TRAFFIC SIGNAL OPERATION (INFORMATIONAL REPORT) Receive and file. HUSTOll ASKED XI. OTHER BUSINESS FOR A CLOSED SESSION FOR PERSONIIEL MR1TERS FOLLOWIIIG ~ REDEVELOPMENT AGENCY MEETIIIG. ULTARELLI COIYENDED THE I~INTEIIANCE OEPARTMEWT FOR RDIOVAL OF EUCALYPTUS TREES ON SAIl JUAN. EDGAR MOYEU 113 DISPERSE 11E BONO IKINEY AS SPECIFIED IN Ills ~ TO 111E F~NAIICE OIRECTOR. CITY COUNCIL ACTION AGENDA Page 2 11-21-83 ifORI~D THAT TIiERE ~ AI~AS I# ~ CITY ~Rg A. 81..OCK ~ALL ~'pNtAI~$ PROPERTY FltO# ~ $IOEWI~, AIIO ~[Ip OF 1110$E SID~ltI~S IIOULD ~ APPPlECIATEI). S~L?AI~LLI ~STED TI~T ~E COUNCIL SET ~ A IEETIII6 SOP~'TII~ Ill JAIfUAIff TO ~:%rT ~ITH T~ SCHOOl. ~ 10 DISCUSS JOI~T COIICERMS. 8:09 XlI. RECESSED - To the Redevelopment Agency meeting, thence to a Closed Session for Personnel Matters, thence mconvene as C~ty Council for Personnel action. THE I~ETII~ tl~ R~C~I~NED AT 8:29 P.,q. CITY COUNCIL ACTION AGENDA Page 3 11-21-83 Novmber 21, 1983 7:00 P.R. 8:09 :L. CALL TO ORDER ALL PII~SE#T 2. ROLL CALL APPRGVED 3. APPROVAL OF MINUTES- Noved~m· 7, 1983 APPIlOVED 4. APPROVAL OF DEHANDS fn the a;ount of $37,872.51 ADOPTED 5. RESOLLrr~oII I10. RDA 83-7 RESOLUTION NO. RDA 83-7 - A Resolution of the Redevelopment Agency of the Ctty of Tusttn APPROVING AND TRANSHITTING THE ANNUAL REPORT FOR FY 1982-83 Adoption of Reso]utton No. RDA 83-7 as ~econ~ended. by R. Kenneth Fleagl e. GREINKE 6. OTHER BUSINESS ASi(ED Al)GUT THE STATUS OF lllE OJRISTIMS DECORATI0#S 'FOR THE DOMITOMJ NIEA. BOB LEDEIE)EC)(ER RESPOBDED llIAT ~ RAD BEEN RECEIVED AT ~ t~U~EBOUSE AND #XLL BE IIlSTN.LED THE ~ AFTER ll~SGIYING. 8:11 7. ADJOURNMENT - To the next Regular Meeting on' December 5, 1983. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 11-21-83 TUSTIN PLANNING COMMISSION ACTION .AGENDA FOR REGULAR MEETING November 14, 1983 7:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL APPROVAL OF MINUTES Approved as mbmttted - Puckett, Hell PUBLIC CONCERNS None CONSENT CALENDAR 7:34 P.M., CITY COUNCIL CHAMBERS AI#SLIE, PUCKETT, IEIL, WHITE, SHARP FOR MEETING HELD October 24, 1983 abstaining (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 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 DR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. 1. Adoption of Resolution No. 2118 Use Permit 83-21 - 185 Myrtle Avenue Approved 3-0 - Puckett, ~ell abstaining CONTINUED PUBLIC HEARING: 1. TENTATIVE TRACT NO. 12018 Applicant: Richard Pierce Location: Properties at the southeasterly corner of Warren Avenue and Holt Avenue (Annexation No. 133 area) Request: Authorize subdivision of the property for townhome purposes Continued to next regular ~:ttng on November 28> 1983 Action Agenda - Planning Commission November 14, [983 Page 2 PUBLIC HEARINGS: 1. REVOCATION OF VARIANCE 81-8 Applicant: Initiated by the City of Tustin Owner: Cai-State Associates, Inc. Location: 14882-14942 Newport Avenue, Californian Apartments Action: A hearing initiated by the City of Tustin to receive public input and to consider the possible revocation of Variance 81-8 thereby terminating the conversion of the Californian Apartments at 14882-14942 Newport Avenue fnto condomtnfums. Accepted staff's recommen~tton to allow proper readver~tsement of the hearing and consider the matter at meting eft #oveuber 28, 1983. 2. USE PERMIT 83-22 Applicant: Location: Request: Congregation B'Nai Israel 655 "B" Street To develop and operate a religious facility in an existing warehouse structure at 655 "B" Street Approved 5-0, with the modtftcatto, that 36 on-site parking spaces he provided vith 24' vide dr~ve aisle. Applicant: Location: Request: Systems Engineering and Construction Co.'on behalf of Walter J. Fredriksen 545 South "B" Street Authorization to develop a five-unit, two-story apartment complex and vary from the minimum lot frontage of the MultiPle-Family Residential (R-3) District. Continued to the next regular meeting on Nove~r 28, 1983. ADMINISTRATIVE MA1-FERS: A. Old Business 1. Workshop - Multiple Zone Standards Conducted after adjournment of regular meeting. B. New Business 1. Extention of Tentative Tract Map No. 10300 14882 Newport Avenue, Californian Apartments Continued to next regular meeting on Nove~r 28, 1983. Action Agenda - Planning Commission November 14, 1983 - Page 3 2, Review of Use Permit 82-28 618 E. First Street - Heaps of Pizza Received and filed. 3. Site Plan Review Del Amo Avenue and Valencia Avenue - Santa Fe Land Improvement Co. Approved with the condition that the landscape area along Valencia Avenue be expanded to be consistent in width with that on the opposite side of the street. STAFF CONCERNS: 1. Departmental Status Report Received and filed. 2. Report on Council Actions - November 7 1983 Recetved ~nd*ftled. COMMISSION CONCERNS: None. ADJOURNMENT: At 9:29 p.m. to next a workshop off residential parking and density and thence to the next regular meeting on November 28, 1983. Report to the Planning Commission STAFF CONCERNS NO. 3 NOVEMBER 28, 1983 SUBJECT: Bullet Train Status DISCUSSION On previous occasions, the Planning Commission has requested status reports concerning American High Speed Rail Corporation's proposed Los Angeles to San Diego high speed train. The City recently received a "Notice of Preparation" announcing that the California Department of Transportation will be preparing an environmental impact report concerning the bullet train proposal. Essentially, the Notice of Preparation is mailed to responsible or interested agencies such as the City of Tustin who desire specific environmental impacts to be analyzed in the ultimate draft environmental impact report. A public agency scoping meeting to is tentatively scheduled for Thursday, December 1, 1983.with public scoping meetings commencing thereafter. Specifical. ly, on Thursday, December 8, 1983, at 7:00 p.m. in the Orange County Hall of Administration, Board Hearing Room, a public scoping meeting will be conducted for the south Orange County area. Staff will continue to advise the Commission concerning this project. Director of Community Development DDL:jh Attachment: Notice of Preparation Community Development Department · Report Planning to the Commission STAFF CONCERNS NO. 3 NOVEMBER 28, 1983 SUBdECT: Bullet Train Status DISCUSSION On previous occasions, the Planning Commission has requested status reports concerning American High Speed Rail Corporation's proposed Los Angeles to San Diego high speed train. The City recently received a "Notice of Preparation" announcing that the California Department of Transportation will be preparing an environmental impact report concerning the bullet train proposal. Essentially, the Notice of Preparation is mailed to responsible or interested agencies such as the City of Tustin who desire specific environmental impacts to be analyzed in the ultimate draft environmental impact report. A public agency scoping meeting to is tentatively scheduled for Thursday, December 1, 1983.with public scoping meetings commencing thereafter. Specifical. ly, on Thursday, December 8, 1983, at 7:00 p.m. in the Orange County Hall of Administration, Board Hearing Room, a public scoping meeting will be conducted for the south Orange County area. Staff will continue to advise the Commission concerning this project. Director of Community Development DDL:jh Attachment: Notice of Preparation Community Development Department SCHEDULE OF PUBLIC MEETINGS FOR THE PURPOSE OF SCOPING Public scoping sessions will be held at the times, dates and locations listed below: Monday, December 5, 1983, 10:00 a.m. - 12:00 noon Hall of Administration Supervisors Hearing Room County Building 500 W. Temple Street Los Angeles, CA Monday, December 5, 1983, 7:00 p.m. - 9:00 p.m. City of Inglewood Community Room 1 Manchester Blvd. Inglewood, CA Tuesday, December 6, 1983, 7:00 p.m. - 9:00 p.m. City of Norwalk City Council Chambers 12700 Norwalk Blvd. Norwalk, CA Wednesday, December 7, 1983, 7:00 p.m. - 9:00 p.m. City of San Clemente Senior Center 100 North Seville San Clemente, CA Thursday, December 8, 1983, 7:00 p.m. - 9:00 p.m. Orange County Hall of Administration Board Hearing Room 10 Civic Center Plaza Santa Ana, CA Friday, December 9, 1983,.10:00 a.m. - 12:00 noon City of Anaheim City Council Chambers 200 So. Anaheim Blvd. Anaheim, CA Monday, December 12, 1983, 7:00 p.m. - 10:00 p.m. Lincoln Jr. High Auditorium 2000 California Street Oceanside, CA Wednesday, December 14, 1983, 7:00 p.m. - 10:00 p.m. San Dieguito High School Cafeteria 800 Santa Fe Drive Encinitas, CA Thursday, December 15, 1983, 7:00 p.m. - 10:00 p.m. Mission Bay High School Auditorium 2475 Grand Ave. San Diego, CA Responsible/Cooperating Agencies Page 2 November 8, 1983 Please contact the Caltrans District Office concerning your agency's attendance. Caltrans, District 11 Office (San Diego County), contact Gene Pound (619) 237-6460; in Caltrans District 7 Office (Orange and Los. Angeles Counties) contact P~n Kosinski (213) 620-3755. In addition to meeting with your agency, Caltrans has also scheduled a series of public scoping meetings to help us identify specific public concerns. We would also like to take this opportunity to discuss the purpose and process involved in the public scoping meetings. A copy of the schedule for these public meetings is enclosed for your information. We look forward to meeting your representatives and establishing interagency contact concerning t, his complex proposal. Thank you. Sincerely, EARL C. SHIRLEY, ' High Speed Rail ect Manager' Attachment %1~ OF CALIFORNIA-SUSINESS. TRANSP(~RTAT/ON AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION PLANNING 1120 N STREET P.O. BOX 1499 ,'rakCRAMENTO. CALIFORNIA 95807 (916) 445-7864 GEORGE DEUKMEJIAN, November 8, 1983 To: ~esponsible/Cooperating Agencies This letter ~ollows the Notice of Intent published in the Federal Register and the recent Notice of Preparation which announc9 that Caltrans and the Federal Highway Administration (FH~A), as State and Federal Lead Agencies, must prepare an EIR/EIS for the proposed California High Speed Train. The environmeDtal document for the proposed project will meet the requirements qf both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). American High Speed Rail Corporation (AHSRC), a private corporation, proposes to build, operate and-maintain a high speed train system, which would run from downtown San Diego to downtown Los Angeles, and from downtown Los Angeles to the Los Angeles International Airport. Caltrans recently contacted your agency as a responsible/cooperating agency with potential informational and pexmitting responsibilities which should be reflected in the environmental documentation. Our environmental staff would like to consult representatives of your agency concerning the environmental information which should be comtained in the EIR/EIS for the high speed train prqposal. We would like to meet with your staff to discuss the needed environmental documentation at the time and place shown below: Thursday, December 1, 1983; start: Santa Ana Hall of Administration 5th Floor Conference Room 10 Civic Center Plaza Santa Ana, CA 10:00 a.m. TUSTIN PLANNING COMMISSION ACTION AGENDA FOR REGULAR MEETING November 28, 1983 7:30 p.m. REPORTS NO. ! 12-5-83 CALL TO ORDER 7:35 P.M., CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL AINSLIE, PUCKETT, WEIL, WHITE, SIIARP APPROVAL OF MINUTES FOR MEETING HELD November 14, 1983 Approved as submitted 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 None CONSENT CALENDAR ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ~NE 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. None CONTINUED PUBLIC HEARINGS 1. TENTATIVE TRACT NO. 12018 Applicant: Richard Pierce Location; Properties at the southeasterly corner of Warren Avenue and Holt Avenue (Annexation No. 133 area) Request: Authorize subdivision of the property for townhome purposes Continued to the next regular meeting of December 12, 1983. 2. USE PERMIT 83-23 Applicant: Location: Request: Systems Engineering and Construction Co. on behalf of Walter J. Fredriksen 545 South "B" Street Authorization to develop a five-unit, two-story apartment complex and vary from the minimum lot frontage of the Multiple-Family Residential (R-3) District. Approved four (4) units, design reversed, 4-1, Puckett opposed. Planning Commission Actton Agenda November 28, 1983 Page 2 PUBLIC HEARINGS: 1. REVOCATION OF VARIANCE 81-8 Applicant: Owner: Location: Action: · Initiated by the City of Tustin Cai-State Associates, Inc. 14882-14942 Newport Avenue, Californian Apartments A hearing initiated by the City of Tustin to receive public input and to consider the possible revocation of Variance 81-8 thereby terminating the conversion of the Californian Apartments at 14882-14942 Newport Avenue into condominiums. Approved 5-0 to accept Cai-State Associates request to voluntarily relinquish Variance 81-8. 2. AMENDMENT NO. 1 TO USE PERMIT 80-3 Applicant: Burnett-Ehline Company Location: Southwest corner of Irvine Boulevard and Newport Avenue (18352-18376 Irvine Boulevard) Request Authorization to develop 17,739 square foot retail commercial and office building in conjunction with a previously approved office structure. ApprOved, 5-0 3. USE PERMIT 83-22 Applicant: Robert Bender Location: 6th Street and E1Camino Real, E1Camino Plaza Shopping Center Request Authorization to develop an additional 4,000 square feet of retail building area to the E1Camino Plaza Shopping Center Continued to next regular meeting on December 12, 1983. 4. VARIANCE 83-9 Applicant: Lewis Properties, Inc. Location: 14772 Plaza Drive Request: Authorization to vary from the front and side yard setbacks required by Specific Plan No. 4 in conjunction with the construction of an office building Approved 5-0. 5. AMENDMENT TO SPECIFIC PLAN NO. 6: HOLT NEIGHBORHOOD PLAN Applicant: City of Tustin Location: Area located on the easterly side of Holt Avenue, westerly of the E1Modena Flood Control Channel, southerly of Warren Avenue and northerly of the North Tustin Channel. Action: Amend the Specific Plan for residential uses, specifically addressing residential limit density and circulation Approved 5-0. Planning Commission Action Agenda November 28, 1983 Page 3 ADMINISTRATIVE MATTERS A. Old Business 1. Extension of Tentative Tract Map No. 10300 14882-14942 Newport Avenue, Californian Apartments Extension of one (1) year, ~th six (6) month review, approved 5-0. B. New Business 1. Design Review for Proposed Commercial Center at the Northeast Corner Newport Avenue and Walnut Avenue Approved, 5-0. STAFF CONCERNS 1. Department Status Report Received and filed. 2. Report on Council Actions - November 21, 1983 Received and filed. 3. Bullet Train Status Received and filed. COMMISSION CONCERNS None ADJOURNMENT At 9:48 to the next regular meeting on December 12, 1983 TUSTIN PLANNING COMMISSIUN AGENDA FOR REGULAR MEETING November 28, 1983 7:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL APPROVAL OF MINUTES PUBLIC CONCERNS 7:30 P.M., CITY COUNCIL CHAMBERS AINSLIE, PUCKETT, WEIL, WHITE, SHARP FOR MEETING HELD November 14, 1983 (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. None. CONTINUED PUBLIC HEARINGS 1. TENTATIVE TRACT NO. 12018 Applicant: Richard Pierce Location: Properties at the southeasterly corner of Warren Avenue and Holt Avenue (Annexation No. 133 area) Request: Authorize subdivision of the property for townhome purposes Presentation: Donald D. Lamm, Director of Community Development e Applicant: Location: Request: USE PERMIT 83-23 Systems Engineering and Construction Co. on behalf of Walter J. Fredriksen 545 South "B" Street Authorization to develop a five-unit, two-story apartment complex and vary from the minimum lot frontage of the. Multiple-Family Residential (R-3) District. Presentation: Alan Warren, Senior Planner Planning Commission Agenda November 28, 1983 Page 2 PUBLIC HEARINGS: 1. REVOCATION OF VARIANCE 81-8 Applicant: Initiated by the City of Tustin Owner: Cai-State Associates, Inc. Location: 14882-14942 Newport Avenue, Californian Apartments Action: A hearing initiated by the City of Tustin to receive public input and to consider the possible revocation of Variance 81-8 thereby terminating the conversion of the Californian Apartments at 14882-14942 Newport Avenue into condominiums. Presentation: Donald D. Lamm, Director of Community Development 2. AMENDMENT NO. i TO USE PERMIT 80-3 Applicant: Burnett-Ehline Company Location: Southwest corner of Irvine Boulevard and Newport Avenue (18352-18376 Irvine Boulevard) Request Authorization to develop 17,739 square foot retail commercial and office building in conjunction with a previously approved office structure. Presentation: Donald D. Lamm, Director of Community Development 3. USE PERMIT 83-22 Applicant: Robert Bender Location: 6th Street and E1Camino Real, E1Camino Plaza Shopping Center Request Authorization to develop an additional 4,000 square feet of retail building area to the E1Camino Plaza Shopping Center Presentation: Mary Ann Chamberlain, Associate Planner 4. VARIANCE 83-9 Applicant: Lewis Properties, Inc. Location: 14772 Plaza Drive Request: 'Authorization to vary from the front and side yard setbacks required by Specific Plan No. 4 in conjunction with the construction of an office building Presentation: Jeff Davis, Assistant Planner 5. AMENDMENT TO SPECIFIC PLAN NO. 6: HOLT NEIGHBORHOOD PLAN Applicant: City of Tustin Location: Area located on the easterly side of Holt Avenue, westerly of the E1Modena Flood Control Channel, southerly of Warren Avenue and northerly of the North Tustin Channel. Action: Amend the Specific Plan for residential uses, specifically addressing residential limit density and circulation Presentation: Edward Knight, Associate Planner Planning Commission Agenda November 28, 1983 Page 3 ADMINISTRATIVE MATTERS A. Old Business 1. Extension of Tentative Tract Map No. 10300 14882-14942 Newport Avenue, Californian Apartments Presentation: Donald D. Lamm, Director of Community Development B. New Business 1. Design Review for Proposed Commercial Center at the Northeast Corner Newport Avenue and Walnut Avenue Presentation: Mary Ann Chamberlain STAFF CONCERNS 1. Department Status Report Presentation: Donald D. Lamm, Director of Community Development 2. Report on Council Actions - November 21, 1983 Presentation: Donald D. Lamm, Director of Community Development 3. Bullet Train Status Presentation: Donald D. Lamm, Director of Community Development COMMISSION CONCERNS ADJOURNMENT To the next regular meeting on December 12, lg83