HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 06-20-83 TUSTIN PLANNING COMMISSION
ACTION AGENDA FOR REGULAR MEETING
June 13, 1983 7:30 p.m.
REPORTS
NO. 1
6-20-83
CALL TO ORDER at 7:30 p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION White/Puckett
ROLL CALL Al1 present
APPROVAL OF MINUTES FOR MEETING HELD April 25, 1983 - Approved with
one correction: to show !~-. Ainslie as abstaining from the vote on
Final TrectMap 11582.
CONTINUED PUBLIC HEARINGS:
1. USE PERMIT 83-7
Applicant:
Location:
Request:
Trussco, Inc. on behalf of Inland Lumber Company
1422 East Edinger Avenue (northwesterly corner of
Redhill and Edinger)
Authorization to operate a building materials
storage yard.
Findings
While the proposed use is viewed as a permanent facility
according to Section 9242{b) of the Tustin City Code, the use
has been limited to a period of two (2) years which ma~v only be
extended upon approval by the Planning Commission.
The highest and best use of the property at a pivotal
intersection is not a building materials yard and therefore it
should be expected to be redeveloped at some future date.
The site, being at the southerly entrance to the residential and
commercial portions of the City should be improved to present a
more attractive feature to the intersection.
Installation of marbelite street lights with underground conduit
shall be required across both street frontages or the applicant
shall provide a performance bond to cover the costs of their
installation two years from the date of this resolution.
In the event the applicant fails to terminate use of the
premises at the end of two (2) years, the applicant and land
owner shall be liable to the City for attorney's fees and costs
incurred to enforce termination of the use by legal proceedings
and they shall each file with the City, their written
acknowledgement of such obligation.
Motion: Approval of Use Permit 83-8by the adoption of Resolution
No. 2094, ~ended as noted in Item#5 of the Findings.
Vote:
5-0 AYES: Sharp, Ainslie, Puckett, Weil, White
NOES: None
Planning Commission Action Agenda
June 13, 1983
Page 2
PUBLIC HEARINGS:
1. USE PERMIT 83-8
Applicant:
Location:
Request:
Thirtieth Street Architects on behalf of Marie
Callenders, Inc.
721 West First Street
Authorization to add a front patio dining area of
694 square feet to the existing Marie Callendint's
Restaurant.
Findings
The existing site meets all requirements of the Zoning Code and
development standards.
All of the requested additions and modifications meet the
requirements of the CG Zoning regulations and development
standards.
The removal of the mature flcus tree in the front setback shall
require replacement with one (1) 72" box tree and one (1) 48"
box tree.
Motion: Approval of Use Permit 83-8 by the adoption of Resolution
#o. 2098, amended as noted in Item ~3 of Findings.
Vote: $-0 AYES: Sharp, Ainslie, Puckett, Well, White
NOES: None
2. VARIANCE 83-5
Applicant:
Location:
Request:
Heath Sign Co. on behalf of Steelcase, Inc.
1123 Warner Avenue
Authorization to vary with the Sign Code Ordinance
684 to allow a 259 square foot sign in lieu of the
allowed 64 square feet for a warehouse building.
Findings
1. The Commission determined that no hardships presently exist to
justify granting the variance as Steelcase currently has more
signage than allowed under code; they have a business
identification sign on each street frontage; and they have the
highest and most visable structure in the area.
2. This proposed sign request was previously denied under Variance
80-4.
Planning Commission Action Agenda
June 13, 1983
Page 3
3. There is no precedence that has allowed this type of sign
variance request.
4. The Irvine Company regulations do not allow a wall sign unless
adjacent to a street frontage.
5. The Irvine Company is not encouraging approval of the sign due to
precedence.
~tton: Denial of Variance 83-5.
Vote: 5-0 AYES: Sharp, Ainslie, Puckett, Well, White
NOES: None
3. VARIANCE 83-6
Applicant:
Location:
Request:
Ra~nond Salmi
333 E1Camino Real
Authorization to vary with the parking requirements
for the C-2 District while refurbishing the
building located at 333 E1Camino Real to a
professional office building.
At the request of the applicant, the Commission voted unanimously to
continue the publtc hearing to the next regularly scheduled meeting
on June 27, 1983 at 7:30 p.m.
4. ZONING ORDINANCE AMENDMENT
Applicant:
Request:
City of Tustin Planning Commission
To amend the Zoning Ordinance (157, as amended) to
require a conditional use permit for amusement
resorts, arcade and private recreational facilities
which house more than five (5) video games, vending
machines and other such contrivances which are
incidental to the principle business.
Findings
In order to codify existing Council policy, the following amendments
to the Zoning Code should be implemented:
1. Amend Section 9233 Central Commercial District (C-2) to delete
amusement resorts as a permitted use by right and to add to
permitted uses subject to a use permit the following:
Amusement resorts, arcades and private recreational
facilities, and video and vending machines and such other
contrivances in excess of five (5) which are incidental to
the principle business.
Planning Commission Action Agenda
June 13, 1983
Page 4
2. Amend Section 9235 Commercial District (CG) to add to permitted
uses subject to a use permit the following:
Motion:
Amusement resorts, arcade and private recreational
facilities and video and vending machines and such other
contrivances in excess of five (5) which are incidental to
the principle business.
Adopt Resolution #o. 2097. recmmendlng to the City Council
that the Zoning Ordinance be amended to require conditional
use permits for arcades and similar facilities in the
Central Comercial Oistrict (C-Z) and the Commercial
General District (CG)
¥ot~: 5-0 AYES:
NOES:
PUBLIC CONCERNS:
None.
OLD BUSINESS:
Sharp, Ainslie, Puckett, Well, White
None
1. Revised Resolution No. 2095 - Use Permit 83-5.
Presented for Chairman's signature, no Commission action required.
NEW BUSINESS:
None.
STAFF CONCERNS:
1. Report on Council Actions June 6, 1983
Report received and filed.
COMMISSION CONCERNS:
Cmmtssioners Atnslte and White asked to be excused from the meeting
of June 27, 1983.
ADJOURNMENT: At 9:04 p.m. to next regular meeting
DATE:
TO:
FROM:
SUBJECT:
~une ~3, ~983
Inter-Corn
CONTINUED PUBLIC HEARING NO. i
Honorable Chairman & Planning Commission Members
Alan Warren, Senior Planner
Use Permit 83-7
Applicant: Trussco, Inc. on behalf of Inland Lumber Company
Location: 1422 Edinger (northwest corner of Redhill & Edinger-M District)
Request: Authorization to develop and operate a building materials
storage yard
BACKGROUND & DISCUSSION
The hearing was originally noticed for May 23, 1983. At that time, the
hearing was opened and the Commission received public testimony from Mr.
Jim O'Shaw, a representative of Trussco, Inc. Mr. O'Shaw concurred with
the conditions contained in the draft resolution with the exception of the
street light installation. He stated the lights should not be required
because no other developments along Edinger Street had street lighting and
because of the short (two years) anticipated use of the property. The
Commission members discussed 'the conditions as contained in the draft
resolution and requested the City Attorney look into the possibility of
placing a time limit on the permit. The item was continued to this date.
The City Attorney's office has determined that a time limitation may be
included in the use authorization and recommended a performance bond to
ensure discontinuance of the use after the two-year period. Planning staff
would recommend the bond to cover construction costs of those conditions
which the owner wishes not to provide at this time. Such a bond would at
least guarantee that money is available for constructing the improvements
at the end of the two-year period.
RECOI~NDED ACTION
Adoption'of Resolution No. 2094, as amended, from the May 23, 1983 meeting.
AGW:jh
Attachments:
Draft Resolution No. 2094
Staff report of May 23, 1983
Site Plan
RESOLUTION NO. 2094
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
A RESOLUTION OF THE PLANNING COMMISSION OF TWE
CITY OF TUSTIN, CALIFORNIA, GRANTING A CONDITIONAL
USE PERMIT ON THE APPLICATION OF USE PERMIT 83-7
TO AUTHORIZE THE DEVELOPMENT AND USE OF A
BUILDING MATERIALS STORAGE YARD AT THE NORTRWEST
CORNER OF EDINGER STREET AND REDHILL AVENUE
The Planning Commission of the City of Tustin, California does
hereby resolve as follows:
I. The Planning Commission finds and' determines as follows:
a. That a proper application (Conditional Use Permit
No. 83-?), has been filed o6 behalf of Trussco, Inc.
to authorize the development and operation of a building
materials storage yard at the northwest corner of
Edinger Street and Red Hill Avenue.
b. That a public hearing was duly called, noticed and
held on said application.
c. The Planning Commission hereby makes the following
findings of fact:
1. That establishment, maintenance, and/or operation
of the use applied for will not be detrimental to the
health, safety, or morals of the persons residing or
working in the neighborhood of such proposed use, in
that:, a) the proposed activity is in compliance with the
use restrictions and application procedures of City Code
Section 9273(a); b) the project is in conformance with
the intent of the development standards of the City.
2. The establishment, maintenance and/or operation
of the use applied for will not be detrimental to the
comfort and general welfare of persons residing or
working in the neighborhood of the proposed use in that
the activity is proposed for the correct land use and
zoning classification and shall be developed in a manner
prescribed by the City's development and zoning
provisions.
3. That the establishment, maintenance and/or
operation of the use applied for will not be injurious
or detrimental to property, improvements in the
neighborhood, or general welfare of the City in that the
project will improve and enhance the site and structural
features of the development as evidenced by the visual
improvement of the structures and the repair and
upgrading of surrounding features.
4. That the project is categorically exempt from the
requirements of the California Environmental Quality Act
as specified in Section 15101,'Title 14 of the State
Administrative Code.
28
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 394
June [3, 1983
Page 2
d. Proposed development shall be.in accordance with the
development policies adopted by the City Council, Uniform
Building Code as administered by the Building Official, Fire
Code as administered by the Orange County Fire Marshal, and
street improvement requirements as administered by the City
Engineer.
II. The Planning Commission hereby grants a Conditional Use
Permit as applied for to permit the operation of a building
materials storage yard, for a two-year period, subject to the
following conditions:
1. The existing structures shall be enhanced by repair and
refurbishing in a manner consistent with the City's
development standards.
The perimeter fencing will be repaired and refurbished in
similar manner.
3. Trimming and refurbishing of the existing plantings in
and around the site, as well as perimeter landscaping.
4. Electrical service shall be undergrounded if new service
is to be provided.
5. Final development plans, which sha~l indicate the type
and extent, of improvements, shall require the review and
approval of the Community Development Department.
6. Either dedication of street right-of-way or an
irrevocable offer for same shall be required along both Red
Hill Ave. and Edinger St. frontages of the parcel as follows:
a. Ten {10') feet along Red Hill Ave.;
b. Ten (10') feet along Edinger St.;
c. Appropriate corner cutoff at corner for 35' curb
return radius.
7. The subject parcel will require annexation to the Orange
County Street Lighting and Maintenance District No. 6. This
action must 'be initiated prior to the issuance of any
permits.
8. Installation of marbelite street lights with underground
conduit shall be required across both street frontages or the
applicant shall provide a performance bond to cover the costs
of their installation two years from the date of this
resolution.
9. Payment of Orange County Sanitation District No. ? fees
in the amount of $625/acre will be required when permits
areissued and payment of East Orange County Water District
fees will be required prior to the installation or turn-on of
any water meter.
1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolution No,
June 13, 1983
Page 3
10. Any work within the public right-of-way shall be shown on
the final site and/or grading plan.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Tustin, California held on the
day of , 19
James B. Sharp, Chairman
Janet Hester, Recording Secretary
OATE:
TO:
FROH:
S UBJ ECT:
May 23, 1983
Inter-Corn
Honorable Chairman & Planning Commission Members
Alan Warren, Senior Planner
Use Permit 83-7
Applicant:
Location:
Request:
Trussco, Inc. on behalf of Inland Lumber Company
1422 Edinger (northwest corner of Redhill & Edinger-M District)
Authorization to develop and operate a building materials
storage yard
BACKGROUND & DISCUSS[O#
An application has been submitted by Trussco, Inc. to operate a building
materials storage yard at the above address. Trussco, Inc., which supplies
prefabricated architectural trusses to the building industry, currently
occupies a site a few hundred feet westerly of this site on the south side
of Edinger Street.
For many years the site was used by Mull en Lumbe~ Company (current owner)
and then by Inland Lumber (current lessee). The property has not been used
as a lumber yard for over a year. As a result, the continuation of
right, of-use for a building materials yard has lapsed (City Code Section
9273(a)). The use permit application has therefore been submitted pursuant
to City Code Section 9242(b).
Mr. Tom Thompson, representative of the applicant, has stated that Trussco,
Inc. is interested in occupying the site for a two-year period only and
therefore the company is looking at the project as a temporary use of the
property. The Zoning Code allows the Planning Commission to consider
temporary uses up to a six-month period; therefore, this request would not
comply with that section.
The following concerns were noted during staff review of the proposal.
PLANNING
Development standards call for the paving of parking areas and previous
City actions have included the requirement to pave storage yards.
Recognizing that the use may only last two years, staff and the
applicant agreed that only a partial paving of the area may be
necessary. The paved area around the existing structure will provide
adequate vehicle maneuvering, loading and parking areas for the trucks,
and employee vehicle traffic. This area will mitigate the Engineering
department's concerns over gravel being carried out into the street by
vehicles.
Chairman & Commission Members
May ~-3, 1983
Page 2
If new electrical service is to be provided, all wiring must be
underground as required in Section 8402 of the City's electrical code.
The Planning Commission does have the authority to waive, modify or
delay such installation upon request by the site owner.
3. Other site improvements should include:
a. Aesthetic improvements of the two existing structures by repair and
re-painting;
b. Repair and refinishing of the perimeter fencing;
c. Trimming and refurbishing of existing plantings in and around the
site, as well as perimeter landscaping.
ENGINEERING
Either dedication of street right-of-way or an irrevocable offer for
same should be required along both the Red Hill Ave. and Edinger St.
frontages of the parcel as follows:
a. Ten (10') feet along Red Hill Ave.;
b. Ten (10'). feet along Edinger St.;
c. Appropriate corner cutoff at corner for 35' curb return.radiu~.
The subject parcel will require annexation to the Orange County Street
Lighting and Maintenance District No. 6. This action must be initiated
prior to the issuance of any permits.
3. Installation of marbelite street lights with underground conduit should
be required across both street frontages.
Payment of Orange County Sanitation District No. 7 fees in the amount of
$625/acre will be required at the time any permits are issued and
payment of East Orange County Water District fees will be required prior
to the installation or turn-on of any water meter. These fees are
required by each district.
5. Any work within the public right-of-way should be shown on the final
site plan and/or grading plan.
FIRE
Fire Department concerns are relatively minor and the appl'icant has been
given an opportunity to review these and he had no objections.
Chairman & Commission Members
May 23, 1983
Page 3
The eppllcant has steted he wishes to begin operation w~h as little
improvement requirements as possible, In staff's review of the proposal,
we took into account that the activity may very well last for only two
years. Planning concerns and recommendations could be n~dified by the
Commission. However, temporary uses have a tendency to go into
perpetuity. Engineering recommendations are based on City policy and
should be incorporated in any approval. The City Council does have review
authority over the actions of the Commission and may modify
recommendations, subject to necessary assurances.
FINDINGS & CONCLUSIONS
1. The application has been appropriately filed pursuant to City Code
provisions as outlined in the M District.
2. The use which is proposed for a two-year period should be viewed as a
permanent facility as required by Section 9242(b).
The highest and best use of the property at a pivotal intersection is
not a.building materials yard and therefore it should be expected to be
redeveloped at some future date.
The site being at the southerly entrance to the residential and
commercial portions of the City should be improved to present a more
attractive feature to the intersection.
RECO~4ENDED ACTION
If the applicant agrees to provide the items listed in the report, staff
would recommend approval of the request by the adoption of draft Resolution
No. 2094.
AGW:jh
DATE:
TO:
FROH:
SUBJECT:
June 13, 1983
PUBLIC HEARING NO. 1
Inter-Corn
Honorable Chairman & Planning Commission Members
Mary Ann Chamberlain, Associate Planner
Use Permit 83-8
Applicant:
Location:
Zoning:
Request:
Thirtieth Street Architects on behalf of Marie Callenders, Inc.
721W. First Street
Commercial General (CG-PUD)
Authorization to expand the existing restaurant by adding an
exterior patio area of 694 square feet with minor interior
renovations.
BACKGROUND & DISCUSSION
The development of the existing Marie Callendini's was 'approved by Use
Permit 76-5 in April of 1976. The approval was for a 225 seat restaurant
with 110 parking spaces. However, "as built" plans showed 107 parking
spaces.
The applicant is requesting an open air patio addition of 694 square feet
which includes patio dining and bar facilities. Other minor interior
modifications include renovation of the existing bar area, a new entrance
area which is now a patio dining area and renovation of 'the existing
entrance area to a take out/retail area. The existing restaurant and
kitchen/prep area requires 86 parking spaces. The new addition and
renovations will require 19 more parking spaces. The existing parking lot
currently has 107 spaces while the new parking demand will be 105 spaces.
All of the parking tabulations are listed on the enclosed site plan.
One item of concern to staff is the mature evergreen (ficus) tree in the
front setback area. The tree is located where the new wall is proposed at
the easterly end of the patio area.
It is suggested that one of the following actions be taken pertaining to
the tree:
1. Allow the applicant to build the patio as proposed, removing the tree
and replacing it with three (3) 48" box trees in the front/side setback
area, species to be approved by staff.
2. Modify the patio area to accommodate the existing mature evergreen tree.
3. Continue the public hearing to allow the applicant an opportunity to
revise the plan according to the direction of the Planning Commission.
Chairman & Planning Commission
June 13, 1983
Page 2
FINDINGS & CONCLUSIONS
1. The existing sttemeets all requirements of the Zoning Code and
development standards.
2. All of the requested additions and modifications meet the requirements
of the CG Zoning regulations and development standards.
All of the conditions of approval from the various departments are
contained in draft Resolution No. 2098.
RECOI~4ENDED ACTION
Approve Use Permit 83-8 by the adoption of Resolution No. 2098.
MAC:ih
Attachments:
Development Review Summary
Mylars
Plans
Resolution No. 2098
-' oooo' ooo'o~o - ~ ~
DEVELOPMENT REVIEW SUI~I~RRY
Project:
Location/District:
Action:
Use Permit 83-8
721W. First Street/Commercial General (CG-PUD)
Authorization to add a 694 square foot patio addition and
interior renovations
District Requirement Proposed
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
10' 10'
10' 10'
5' 200' +
* N/A
* N/A
35' less than 30'
3 stories 1
To match existing same
3,000 sq. ft. 65,171 sq.ft.
100% less parking & meets code
landscaping
105 107
1/3 seats see site plan
204 0
* Open, at grade
Uses: Restaurant/bar same
Number of Public Notifications (Owners):
* No Standard
1
3
4
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
23
24-
25
26
27
28
The P]anning
hereby resol
RESOLUTION NO. 2098
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING A
694 SQUARE FOOT PATIO ADDITION AND INTERIOR
RENOVATIONS FOR MARIE CALLENDINI'S RESTAURANT
LOCATED AT 721 WEST FIRST ~REET.
Commission of the City of Tustin, California does
ye as follows:
I. The Planning Commission finds and determines as follows:
a. That a proper application (Conditional Use Permit
No. 83-8), has been filed on behalf of Marie
Callendini's to authorize the construction and operation
of a 694 square foot patio addition and interior
renovations to an existing restaurant located at 721
West First Street.
b. That a public hearing was duly called, noticed and
held on said application.
c. That the Planning Commission determines that the
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, as
evidenced by the following findings:
1. The use is in conformance with the Tustin Area
General Plan.
2. The use is in compliance with the zoning regulations
for the district.
3. The site is remote from residential developments and
would cause no adverse impact upon the adjoining
developments.
d. 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, and should be granted.
e. 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 Code as administered by the Orange County
Fire Marshal and street improvements as required by the
City Engineer.
f. That this project is categorically exempt from the
requirements of the California Environmental Quality
Act.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
Resolution No. 2098
June 13, 1983
Page 2
g. Final development plans shall require the review and
approval of the Community Development Department.
II.
The Planning Commission hereby approves Use Permit 83-8, to
authorize the addition and renovations to the existing Marie
Callendini's restaurant subject to the following conditions:
A. Resolution of the mature evergreen tree in the front
setback.
Additional Orange County Sanitation District No. 7 fees
in the amount of $50.00/1000 square feet of addition
will be required at the time a building permit is
issued.
East Orange County Water District fees will be required
for additional improvements. Contact Earl Rowenhorst at
Tustin Water Service for calculation of fee amounts.
D. All requirements of Orange County Fire Department as
contained in their report dated May 24, 1983.
E. Sign plan to be submiited and reviewed by staff prior to
issuance of sign permi-ts.
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
DATE:
June 13, 1983
'PUBLIC HEARING NO. 2
Inter-Com
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Ed Knight, Associate Planner
Variance 83-5
Applicant:
Location:
Zoning:
Request:
Klaus Sarrach on behalf of Steelcase, Inc.
1123 Warner Avenue
Planned Community Industrial
Authorization to permit a 259 square foot illuminated wall sign
on the eastern elevation (facing Red Hill Avenue) on a
seventy-eight-foot tall structure
BACKGROUND
This sign request was originally a part of a previous Variance, No. 80-4.
In that Variance, Steelcase was requesting two 445 square foot signs; one
facing Bffll Avenue 'and the other facing Red Hill Avenue. Both were
flluminated wall signs, located on the seventy-eight-foot tall structures.
Variance No. 80-4 was approved for the wall sign facing Bell Avenue .only.
This sign was further reduced to 259 square feet. The sign facing Re--d-F[ill
Avenue was denied, based on the finding that neither the City nor the
Irvine Company allow wall signs that do not face a street frontage.
DISCUSSION
1. Tustfn's Sign Code (Ordinance No. 684), under Section 11, No. 2(b),
allows a business identification wall sign, one per street frontage with
a total of sixty-four (64) square feet.
2. The Irvine Company's Planned Community District regulations for the City
of Tustin allow for one single-face or double-face sign per street
frontage. There is a formula for the sign size, but no sign can exceed
a total of 200 square feet.
The Irvine Company's standards are given as reference only, the Tustin Sign
Ordinance takes precedence over the company's regulations. It is clear
though that both sets of regulations allow signs only along a street
frontage.
Steelcase currently has four business identification signs; one monument
along the Warner Avenue frontage, a monument and existing non-conforming
wall sign along the freeway frontage, and 259 square foot wall sign along
the Bell Avenue frontage. This complex is for manufacturing only, and no
retail sales take place.
Chairman & Commission Members
June 13, 1983
Page 2
Enclosed is a letter from The Irvine Company dated March 24, 1980 stating
their position regarding a wall sign on the east elevation. The City's
representative from The Irvine Company was contacted to confirm this
position. He stated that the Company would not encourage approval for a
sign not facing a street frontage due to the precedence of the action, but
would accept any decision the City will make.
The City has no precedence for a sign variance request of this type, with
no requests either applied for or granted in this area.
In granting a variance, a finding must be made:
that because of exceptional circumstances applicable to the subject
property, the strict application of the Ordinance is found to deprive
subject property of priviledge$ enjoyed by other properties in the
vicinity and under similar circumstances (Article VII, Section 2(a),
Sign Code Ordinance No. 684).
FI#OINGS
1. It is staff's contention that no hardships' exist to grant the variance
as Steelcase currently has more signage than allowed under code; they
have a business identification sign on each street frontage; and they
have the highest and most visable structure in the area.
2. This proposed sign request was previously denied under Variance 80-4.
3. There is no precedence that has allowed this type of sign variance
request.
4. The Irvine Company regulations do not allow a wall sign unless adjacent
to a street frontage.
5. The Irvine Company is not encouraging approval of the sign due to
precedence.
RECOI,~d4ENDED ACTION
Staff is recommending denial of Variance No. 83-5.
EMK:jh
Attachments:
8-1/2"x11" reduction of sign proposal
Letter from Irvine Company dated March 24, 1980
.{..
'i'HE IRVINE QDMPANY
550 Newl3ort Center Drive, P.O. Box
Newport Beach, California 92663
(714) 644-3011
March 24, 1980
Mr. Klaus Sarrach
Steelcase Inc.,
l123'Warner Avenue
Tustin, CA. 92680
RE: Sign for Bell Avenue
Dear Klaus:
Drawing No. 2775 depicting the sign "Steelcase" upon the Bell Avenue
elevation was received by The Irvine Company on March 19, 1980.
As previously agreed upon, The Irvine Company will approve this sign
request even though the gross square footage of the sign exceeds the
maximum allowed sign area (200 s.f.) by 59 square feet.
However, The Irvine Company will not permit any other signs upon the
subject parcel to exceed the maximum allowed area. Furthermore, we
wi'll not permit any s.igns to be placed or installed Qpon the east
elevations (facing Redhill' Avenue) of the existing buildings. '.
Final approval of any sign application will be contingent upon the City of
Tustin's approval of such a request.
Dave R. ChrT'stian
Architectural Design Administrator
Commercial/Industrial Division
DRC/lp
DATE:
June 13, 1983
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Alan Warren, Senior Planner
Variance 83-6
Applicant:
Location:
Zoning:
Request:
Raymond Salmi
333 E1Camino Real
Central Commercial (C-2)
Authorization to vary with the parking standards of the Central
Commercial District and convert an existing non-conforming
building to an office use pursuant to Ordinance No. 884.
BACKGROUND & DISCUSSION
Mr. Salmt, the applicant, has requested a continuance of this matter until
the June 27, 1983 meeting. This request has been made in order to resolve
parking and use modifications with staff.
RECOelMENDED ACTION
Open the public hearing for public input. Continue the item as an open
public hearing to the June 27, 1983 meeting.
AGW:jh
DATE:
June 13, 1983
PUBLIC HEARING NO. 4
nter - C om
TO:
FROM:
S UBJ ECT:
Honorable Chairman & Planning Commission Members
Jeff Davis, Assistant Planner
Amendment to Zoning Ordinance - Video Games
RECOI~qENDED ACTION
Adopt Resolution No. 2097, recommending to the City. Council that the Zoning
Ordinance be amended to require conditional use permits for arcades and
similar facilities in the Central Commercial District (C-2) and the
Commercial General District (CG).
BACKGROUND
As a matter of Council policy, any business wishing to maintain and operate
more than five (5) video game machines at any one location, would first be
required to secure a conditional use permit. Additionally, the Council has
approved a policy outlining geheral conditions that should be considered
prior to use permit approval (see attached Inter-Com dated June 7, 1982). ·
At the April 18, 1983 Planning Commission meeting, the amendment to Use
Permit 82-12 (Ski Fever)was considered and approved. However, the Deputy
City Attorney was concerned that the Zoning Code did not specifically
require a use permit and that Council policy was an insufficient means to
process appplications for arcades.
Therefore, the Commission directed staff to advertise a public hearing to
consider appropriate amendments to the Zoning Code.
DISCUSSION
In order to codify existing Council policy, the following amendments to the
Zoning Code should be implemented:
1. Amend Section 9233 Central Commercial District (C-2) to delete amusement
resorts as a permitted use by right and to add to permitted uses subject
to a use permit the following:
Amusement resorts, arcades and private recreational facilities,
and video and vending machines and such other contrivances.in
excess of five (5) which are incidental to the principle business.
Chairman & Planning Commission
June 9, 1983
Page 2
2. Amend Section 9235 Commercial District (CG) to add to permitted uses
subject to a use permit the following:
Amusement resorts, arcade and private recreational facilities,
and video and vending machines and such other contrivances in
excess of five (5) which are incidental to the principle business~
CONCLUSIONS
1. The City Attorney's office has determined that current policy is not the
appropriate manner in which to process arcade applications and that an
amendment to the zoning code is needed.
2. That the proposed amendment will codify existing Council Policy and
should be adopted.
3. Resolution No. 2097 should be approved recommending to the City Council
the proposed amendments to the Zoning Code.
JSD:jh
Attachments:
Resolution No. 2097
Memorandum to City Council dated June 7, 1982
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
RESOLUTION NO. 2097
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL, AN AMENDMENT TO THE ZONING ORDINANCE
REQUIRING CONDITIONAL USE PERMITS FOR AMUSEMENT
RESORTS, ARCADES AND PRIVATE RECREATIONAL FACILITIES
AND VIDEO AND VENDING MACHINES IN EXCESS OF VIVE (5)
WHICH ARE INCIDENTAL TO THE PRINCIPLE BUSINESS IN
THE CENTRAL COMMERCIAL (C-2) AND COMMERCIAL GENERAL
(CG) DISTRICTS
The Planning Commission of the City of Tustin, California does
hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
a. That because of the characteristics associated with
amusement facilities including, but not limited to,
video arcades, and the potential impacts they may impose
on surrounding uses, a conditional use permit should be
required and the Central Commercial (C-2) and Commercial
General (CG) district regulations should be amended to
reflect such a requirement.
b. That pursuant to Section 9295(f) of the Tustin City
Code, when considering an amendment to the Zoning
Ordinance, the Planning Commission shall conduct a
public hearing, report findings thereof, and make a
recommendation to the City Council.
c. That a public hearing was dulY called, noticed and
held considering amending the C-2 and CG Districts to
require that a conditional use permit be obtained prior
to the operation of any amusement facility in said
Districts.
II.
The Planning Commission hereby recommends to the City
Council the following amendment to the Zoning Ordinance
of the City of Tustin:
1. Amend Section 9233 Central Commercial District (C-2)
to delete amusement resorts as a permitted use by
right and to add to permitted uses subject to a use
permit the following:
Amusement resorts, arcades and private recreational
facilities and video and vending machines and such
other contrivances in excess of five (5) which are
incidental to the principle business.
28
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
~.0
21
22
2~
27
28
Resolution No, _097
June 13, 1983
Page 2
2. Amend Section 9235 Commercial District (CG) to add
to permitted uses subject to a use permit the
following:
Amusement resorts, arcade and private recreational
facilities, and video and vending machines and such
other contrivances in excess of five (5) which are
incidental to the principle business.
PASSED AND ADOPTED at a regular meeting'of the Tustin Planning
commission, held on the day of , 1983.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
DATE:
TO:
FROM:
SUBJECT:
June 7, 1982
Inter-Corn
Honorable Mayor & City Council
Community Development Department
Arcades-Mechanism for Review & Planning Agency Guidelines
At the May 17, 1982 meeting of the City Council, Ordinance No. 870 was
tabled and Council directed Staff to recommend the procedure to follow
regarding arcades in light of the dual review requirement by the Planning
Agency and the License and Permit Board.
RECOI~EHDED ACTIO#
Arcades shall be subject to review and action under a use permit procedure
by the Planning Agency only.
The reasons for this recommendation are as follows:
Maximize public input - a use permit mandates public notice to all
property owners within 300 feet of the proposed Use along with a Tegal
notice in the newspaper; License and Permit Board only requires a legal
notice in a newspaper of local circulation.
The majority of the personnel on the License 'and Permit Board (except
for the Chamber representative) also serve as the staff of the Planning
Agency.
3. The dual review requirement is redundant and unnecessary.
Further, Staff was requested by Mayor Edgar to summarize the "concerns''
brought out during the discussions on the proposed ordinance which, may
serve as general guidelines for review. The following concerns are those
recognized by Staff from such discussions and with any additions,
modifications or deletions the City Council may desire, could be used as a
general guide for potential applicants and Agency deliberations.
1. 'Game arcades shall be adequately separated from schools, parks,
churches, rest homes, hospitals or residential uses in the immediate
neighborhood.
Mayor & City Council
Arcades
Page 2
Arcades shall be located in a multi-tenant commercial center adequate
in size to provide for secondary supervision, adequate police overview
and retaining all activities associated with arcade entertainment
centers on the subject site.
e
Concern arose over the relationship of the arcade as the primary or
secondary business entity at the premise, along with percentag~
limitations on floor areas allocated to combined uses were expressed.
That a fixed number of machines should be established for an arcade
based on such considerations.
4. Operational concerns on management, supervision, hours of operation,
restriction on Juveniles unaccompanied by an adult, background of
managers, security measures, token exchange and similar matters were
discussed as items to consider for such arcade operations.
5. Site conditions regarding adequacy of parking, providing bike and moped
racks and clean up of litter and debris were also concerns.
Attention to noise or activities intruding on adjacent, properties or
businesses, along with concern for pedestrian/bicycle and vehicular
traffic conflict especially at non-signalized intersections were
expressed.
RECOI~MENDATION
The list of concerns provided herein, or as modified be provided each
applicant for an arcade facility. That Staff and the Agency will review
each ~pplication on a case-by-case basis with such concerns serving as
guides in said review.
MWB:jh
5-24-82
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
23
25
27
RESOLUTION NO. 2095
OLD BUSINESS NO. 1
A RESOLUTION OF THE PLANNING COMMI-SSION OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
CONSTRUCTION OF EIGHT (8) CONDOMINIUM UNITS
IN AN R-3 ZONE LOCATED AT 1162 SYCAMORE AVENUE
The Planning Commission of the City of Tustin, California does
hereby resolve as follows:
The Planning Commission finds and determines as follows:
a. That a proper application (Conditional Use Permit
No. 83-5), has be~n filed by J.P. Kapp on behalf of
Barnett-Nowling to authorize the development of eight
condominium units in one phase, at 1162 Sycamore Avenue
b. That a public hearing was duly called, noticed and
held on said application.
c. That the Planning Commission determines that the
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, as
evidenced by the following findings:
1. The project is in substantial conformance with the
Planned Development district.
2. The project is in conformance with the Tustin Area
General Plan.
3. That the .proposed project is sufficiently mitigated
to waive the 150-foot setback requirement.
d. 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, and should be granted.
e. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as admihistered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvements as required by the
City Engineer.
f. That 'a Negative Declaration w~s prepared in
compliance with the requirements of the California
Environmental Quality Act and is hereby approved.
28
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
25
26
27
28
Resolution No. 2095
May 23, 1983
Page 2
II.
g. Final development plans shall require the review and
approval of the Community Development Department.
The Planning Commission hereby approves Use Permit 83-5, to
authorize the construction of eight condominium units at 1162
Sycamore Avenue, subject to the following conditons:
Ae
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, and street pavement.
A grading plan shall be submitted for review and
approval, including detail ramp grades for the
underground parking.
C. A final landscape plan shall be submitted for review and
approval.
D. The filing of a tentative and final map shall be
required.
The establishment of an Owner's Association for all the
maintenance of all common areas and the submission of
CC&R's to the City Attorney for review and approval.
Fe
All utilities serving the proposed development shall be
undergrounded within the exterior boundary lines of the
property.
Pa~qnent of all required Orange County sanitation
district fees and east Orange County Water District
fees.
He
Annexation of the subject parcel to the Tustin Lighting
District. Proof of submittal of said annexation papers
must be furnished to the City prior to approval of final
map.
The installation of marbelite street lights and
underground conduit shall be required by the City
Engineer.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Resolution No. 2095
May 23, 1983
Page 3
A 6'-8" block wall is required along the southern
boundary adjacent to the R-1 district and the block wall
shall be measured from finished grade.
K. That permanent architectural screening shall be employed
on any window that is immediately adjacent to an R-1
district. Said screening shall be designed to satisfy
all light, air and emergency access requirements of the
Uniform Building Code.
L. That the rear structure shall not exceed twenty-six (26)
feet in height above curb grade and that the lower level
parking garage shall be a minimum of four (4) feet below
the curb grade.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission, held on the day of , 1983.
James B. Sharp, Chair,.an
Janet Hester
Recording Secretary
28
DATE:
TO:
FROM:
S UBJ ECT:
June 13, 1983
~STAFF CONCERNS NO. 1
Inter-Corn
Honorable Chairman & Planning Commission Members
Donald D. Lamm, Director of Community Development
Report of Council Actions - June 6, 1983
The City Council approved the Conflict of Interest Code of the Planning
Commission by the adoption of Resolution No. 83-38.
Upheld the findings of the Planning Commission and approved Final Tract
Map No. 11582 by the adoption of Resolution No. 83-39.
Appealed Use Permit 83-5 for the six-unit condominium project at 1162
Sycamore Avenue. The appeal will be noticed for the July 5, 1983 City
Council meeting.
Scheduled election for November 8, 1983 for Reorganization No. 53,
MCAS(H) and Irvine lands.
Set Council workshop for June 13, 1983 at 4:00 p.m. for Water Management
Plan Workshop.
6. Set a date of June 20, 1983 for public hearing on the City budget.
MAC:DDL:jh
Attachments:
Action Agenda of City Council Meeting - June 6, 1983
Action Agenda of Planning Commissidn Meeting - May 23, 1983