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Home My WebLink AboutItems Distributed7/17/2018 Project Description • Request to store RV in front of the side -loaded garage and install a vinyl gate to screen the RV. • 1461 Garland Ave., Single -Family Residential (111) Zoning, Low Density Residential T%T T C1. n C -I Garland Avenue Backup space (25') RV Storage (8' x 22') RV Storage Overlap N 7/17/2018 FAr =1 • Backup requirement does not apply to the property Appeal Garland Avenue • Temporary fence can be placed on the property and is not detrimental to the neighborhood 7/17/2018 3 Appeal RV Storage can be located outside of backup space, along front of house Recommendation Adopt Resolution No. 18-47, denying Design Review 2018- 00007 request to authorize RV storage within the required garage back-up space and installation of a vinyl gate across the driveway to screen the RV on a property located at 1461 Garland Ave. 7/17/2018 4 173 JL , 16, 20' The City Council and Planning Commission held a *oint workshop Planning Commission held a wwkxhop The Planning Commission held a public hearing and recommended that the City Council adopt Ordinance No. 1493. The City Council held a pulsl..c.heoring and directed staff to revise bidinance No. 1493 to retain the existing distancing requirements For off-site alcoholic bevetage sales establishawnts. ON --SITE SALES ESTABLISHMENTS 1,000 feet away from residentially zoned or used property, sensitive uses and any other existing on-site establishments Except restaurant establishments Except Wine tasting rooms/micro- winery within CR District Except specialty stores less than 3,500 square feet ❑ Businesses are conditioned to close any time prior to 11:00 p.m. weekdays, 12:00 a.m. weekends ❑ Remove the existing distance separation requirements from on- site sales establishments ❑ Ali commercially and industrially zoned properties may request a CUP for alcohol sales ❑ Allow establishments to open until 2:00 a.m. with conditions that allow for reduced hours if noise or security complaints are received OFF-SITE SALES ESTABLISHMENTS ❑ Greater than 15,000 square feet where alcoholic beverage sales area occupies less than 10 percent of the gross floor area is exempt. Less than 15,000 square feet of floor area and less than 15,000 square feet where alcoholic beverage sales area occupies more than 10 percent of the gross floor area subject to the following distancing requirements: a 300 feet away from residentially zoned or used property 13 500 feet away from other existing off-site sales establishments a 600 feet away from sensitive uses :i Greater than 10,000 square feet where the alcoholic beverage sales area occupies less than percent of the gross floor area is exempt. Less than 10,000 square feet of floor area and less than 10,000 square feet where alcoholic beverage sales area occupies more than 10 percent of the gross floor area subject to the following distancing requirements: 0 1,000 feet away from public and private schools (K-12) o Alcohol sales cannot exceed 50 percent of gross sales r 7/17/2018 Pa T RECOMMENDATION ❑ That the City Council hold the first reading of Ordinance No. 1493, related to alcoholic beverage sales establishments, and schedule the second reading at the next City Council meeting. 7/17/2018 3 School (K-12) des aT Log -d - PoMb fdmab rt! 7/17/2018 IV 4 BILDI BUILDING INDUSTRY LEGAL DEFENSE FOUNDATION CHAIR July 16, 2018 Jennifer Hernandez, Esq. Staff at BIASC and BILD are deeply concerned by Tustin's pursuit of harmful Holland &Knight; LLP Inclusionary Zoning policies, particularly under circumstances where there has not Mark Himmelstein, Esq. Newmeyer Dillion, LLP been full public notice and disclosure as required by law. It is imperative that the Susan Hori, Esq. public have a meaningful opportunity to engage with the City Council on this Manatt Phelps & Phillips, LLP important zoning issue, and that collective briefrigs, meetings and decisions of the Richard Howard City Council be conducted in an open and lawful manner. KB Home W. Wes Keusder On July 13, 2018, BILD submitted a Public Records Request to the City concerning Keusder Homes the proposed Voluntary Workforce Housing Incentive Program Ordinance — joseph amus M. Man& St Esq. Ordinance No, 1491 resented to the Ci Council on Jul 3, 2018. Specifically, the Samuels Green &Steel, LLP 11 � Y Shawn Monterastelli, Esq. Request is for copies of all communications and documents regarding, related to, or The Irvine Company created in connection with any communications from Friday, June 15, 2018 through Donald Sajor, Esq. Friday, July 6, 2018 concerning Ordinance 1491 and its multiple iterations. Pulte Group David C. Smith, Esq. This Request was submitted to collect all available information about the Proposed Manatt Phelps & Phillips, LLP q p DIRECTORS EMERITI Ordinance No. 1491E put forward at the July 3, 2018 City Council Meeting. We are Amy Glad, Esq. concerned that Proposed Ordinance No. 1491E was presented to and considered by Leonard Frank the City Council without appropriate public notice and compliance with all applicable Les Thomas laws. EX OFFICIO DIRECTOR Peter Vanek HONORARY DIRECTORS Jeff Montejano 24 Executive Park, Suite 100, Irvine, CA 92614 949.777.3849; Fax 949.769.8943 BILDFoundation.org REMOVED Steven D. Zimmer, Esq. JUL 16 2018 Attorney at Law Mayor Al Murray VICE CHAIR City of Tustin TUSTIN Kenneth P. Corhan, Esq. 3000 Centennial Way CITY CLCRjC'� OFFICE Lewis Operating Corp. Tustin, CA 92780 SECRETARY/TREASURER D. Barton Doyle, Esq. Attorney at Law Re: City of Tustin Inclusionary Zoning Policies and The Brown Act DIRECTORS Kenneth B. Bley, Esq. Dear Mayor Murray, Cox, Castle & Nicholson, LLP Richard Broming The Building Industry Legal Defense Foundation (BILD) is a non-profit mutual Rancho Mission Viejo benefit corporation and a wholly -controlled affiliate of the Building Industry Matthew Carpenter Five Point Holdings Association of Southern California (BIASC). The purposes of BILD are, in part, to initiate or support litigation or agency action designed to improve the business Mary Lynn Coffee, Esq. Nossaman, LLP climate for the building industry and to monitor and involve itself in government Lucy Dunn regulation critical to the industry. Orange County Business Council Jennifer Hernandez, Esq. Staff at BIASC and BILD are deeply concerned by Tustin's pursuit of harmful Holland &Knight; LLP Inclusionary Zoning policies, particularly under circumstances where there has not Mark Himmelstein, Esq. Newmeyer Dillion, LLP been full public notice and disclosure as required by law. It is imperative that the Susan Hori, Esq. public have a meaningful opportunity to engage with the City Council on this Manatt Phelps & Phillips, LLP important zoning issue, and that collective briefrigs, meetings and decisions of the Richard Howard City Council be conducted in an open and lawful manner. KB Home W. Wes Keusder On July 13, 2018, BILD submitted a Public Records Request to the City concerning Keusder Homes the proposed Voluntary Workforce Housing Incentive Program Ordinance — joseph amus M. Man& St Esq. Ordinance No, 1491 resented to the Ci Council on Jul 3, 2018. Specifically, the Samuels Green &Steel, LLP 11 � Y Shawn Monterastelli, Esq. Request is for copies of all communications and documents regarding, related to, or The Irvine Company created in connection with any communications from Friday, June 15, 2018 through Donald Sajor, Esq. Friday, July 6, 2018 concerning Ordinance 1491 and its multiple iterations. Pulte Group David C. Smith, Esq. This Request was submitted to collect all available information about the Proposed Manatt Phelps & Phillips, LLP q p DIRECTORS EMERITI Ordinance No. 1491E put forward at the July 3, 2018 City Council Meeting. We are Amy Glad, Esq. concerned that Proposed Ordinance No. 1491E was presented to and considered by Leonard Frank the City Council without appropriate public notice and compliance with all applicable Les Thomas laws. EX OFFICIO DIRECTOR Peter Vanek HONORARY DIRECTORS Jeff Montejano 24 Executive Park, Suite 100, Irvine, CA 92614 949.777.3849; Fax 949.769.8943 BILDFoundation.org In order to satisfy all legal requirements and provide a meaningful opportunity for public participation, we ask that you schedule a properly noticed first reading for Proposed Ordinance No. 1491E. An open public process can lead to good policy decisions and responsible land use planning, without need for litigation. By working together we can pursue what is in the short and long-term best interests of the Tustin community. Thank you for your thoughtful consideration. Sincerely, Steven !m , Chairman Mayor, Al Murray Mayor Pro Tem, Rebecca "Beckie" Gomez Council Member, Dr. Allen Bernstein Council Member, Charles E. "Chuck" Puckett Council Member, Letitia Clark On Saturday, July 16"', my son asked me to take a look at a house being built by Habitat for Humanity. The address is 140 South A Street, which is within the city limits. I noticed that there is a motor home parked in the driveway of the house across the street (155 South A Street). I looked on Google Maps and saw evidence that it has been there for some time. It is my assumption that when the city has been inspecting the Habitat house they were able to see the motor home, yet it is still there. I then drove around the houses between there and my home and found an additional 41 motor homes, camping trailers, and boats parked in driveways. It appears to me that enforcement of this regulation has been arbitrary at best. However, (I have attached photos of this one motor home and will provide pictures of the others if requested.) I am not arguing about the fencing requirement for RV storage in regulation (TCC 9266C2). In fact this was the only regulation I was given a copy of. But, maybe storage and parking are two different things. It also appears to me, after talking to my neighbors and since there have been two notices posted in front of my house, that there is nobody who is bothered by parking a motor home in my driveway. I do not understand why any of this is an issue in the first place. However, as indicated in my appeal, I have acted in good faith and attempted to do everything as requested and to be in compliance with the Codes. When I appealed the rejection of my application for a permit to the Planning Commission I had trusted that the Tustin City Codes (TCC) were being correctly described by staff, and did not look up the exact wording. I found that this assumption was completely wrong. I have attached a copy of each of the TCCs codes referred to in the "OFFICIAL NOTICE OF PUBLIC HEARING." I have followed each of these with a statement of why I do not feel they apply to my specific situation. Thank you for your time and consideration. Christine L. Coursen Tustin, CA 92780 9266c2 Storage of a recreational vehicle is prohibited except when located outside of any required front, side, or rear yard setbacks, on a paved surface, and when fully screened from view from the public right-of- way and adjoining properties by a wall or fence to a minimum height of six (6) feet and landscaping in a manner approved by the Community Development Director. Similar fencing has been used in the neighborhood to conceal an RV. This house is at 13002 Woodlawn Avenue, less than two blocks from 1461 Garland Avenue. 9262b Availability: 1. Required off-street parking areas and access ways shall be made permanently accessible available, marked and maintained for the purposes of temporary vehicle parking and access only. Required parking shall not be: a. Rented, let, or used for storage of property, or used to park an inoperative or non -motorized vehicle, or otherwise be blocked in any manner that would impede access to or the use of any required parking space for the temporary parking of vehicles. A vehicle parked on private residential property belonging to or occupied by the owner of such vehicle for the purpose of temporarily displaying them for sale shall be exempt from this prohibition, provided such temporary display does not exceed ninety (90) days in any calendar year. b. Used for overnight parking except by residents or tenants with the authorization of the property owner. This section does not seem to apply. The motor home is temporarily parked, no property is being stored, and it's neither inoperative nor non -motorized. 9267a6 Where garages face each other and are separated by a shared driveway, the minimum driveway width shall be twenty-five (25) feet. See Figure 10 (Minimum Driveway Width for Garages with Shared Driveway). This section does not seem to apply. There are neither garages facing each other nor a shared driveway. 9272b Scope of Jurisdiction Prior to the issuance of any building permit, including new structures or major exterior alteration or enlargement of existing structures, building to be relocated, and signs to be constructed or modified, the Community Development Director shall approve the site plan, elevations and landscaping for such development. (Ord. No. 587, Sec. 2) This section does not seem to apply to a portable fence. I also asked Senior Planner, Edmelynne Hutter, if a permit was needed for a temporary fence and was told "No." Her only stated concern was that the portable fence could blow over in the wind. The fence has been up in my driveway and now in my side yard for seven months. It hasn't blown over. There is no disagreement on the necessity for a permit for a permanent fence. 9272c Conditions of Approval The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Community Development Director shall consider the following items: (1) Height, bulk and area of buildings. (2) Setbacks and site planning. (3) Exterior materials and colors. (4) Type and pitch of roofs. (5) Size and spacing of windows, doors and other openings. (6) Towers, chimneys, roof structures, flagpoles, radio and television antennas. (7) Landscaping, parking area design and traffic circulation. (8) Location, height and standards of exterior illumination. (9) Location and appearance of equipment located outside of an enclosed structure. (10) Location and method of refuse storage. (11) Physical relationship of proposed structures to existing structures in the neighborhood. (12) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (13) Proposed signing. (14) Development guidelines and criteria as adopted by the City Council. (Ord. No. 1429, Sec. 11.51, 5-21-13) Again, the temporary fence should not need a permit. However, both the temporary and the permanent fence are within these guidelines. V 9272e Guiding Principles Implementation of the development preview process relative to external design shall be guided by the following principles: (1) Individual initiative shall be encouraged. Control shall be reduced to the minimum extent possible, while insuring that the goals stated in this Chapter are achieved to the fullest possible extent. (2) Good architectural character is based upon the suitability of a structure for its purposes, upon the appropriate use of sound materials and upon the principles of harmony and proportion in the elements of the structure. (3) Good architectural character is not, in itself, more costly than poor architectural character and is not dependent upon the particular style of architecture selected. (4) When considering signs, particular attention shall be given to incorporating the design, including colors, of the sign into the overall design of the entire development, so as to achieve homogeneous development. (5) Building to be relocated must be previewed as to their compatibility with neighboring structures and with existing or proposed structures on the same site. (Ord. No. 587, Sec. 2) (1) It appears that control way beyond the actual code is being attempted. (2) The architectural character is similar to other properties in the neighborhood. Pictures of possible fences were shown to the Senior Planner, Edmelynne Hutter. The fence is the exact one she chose. This similar fencing is on adjacent property. 1 G Lc IJ, tL9 aF Summary: I believe that I have acted in good faith, and have done everything within the actual codes. I believe that the city employees have acted in bad faith, for what reason I do not know. They have caused me emotional duress. After bringing in fence samples and getting them verbally approved, I personally spent time and money building my temporary fence, which I was told did not need a permit. I found umbrella stands with wheels, having a weight of 54 pounds each (108 pounds total per fence segment) to support the temporary fence and ensure that the fence would not be likely to blow over; since this was the only concern expressed. After verbal approval of a new Sprinter RV from staff at City Hall, I agreed to sell my current motor home (which is being sold on consignment) and purchased a new Sprinter ERA 70X (delivery expected in the Fall), which I was verbally told that I could park in my driveway as long as I used it as my primary vehicle. I have cancelled vacation plans to attend the originally scheduled Planning Commission hearing, delayed my next scheduled vacation due to the rescheduling of the meeting and the necessity of filing the appeal before leaving, and returned home earlier than planned due to the possibility of this hearing being in June. 1. 1 believe that there is no actual basis, in the code, for denying a permit to build a permanent fence. 2. 1 believe: A portable fence does not require a permit, as initially verbally stated by staff. The materials used are in keeping with other fences in the neighborhood, as initially verbally stated by staff. The fence does not propose any hazard and is not likely to blow over. 3. 1 believe that any motorized RV is permitted to be parked in any driveway as long as it is being used on a regular basis and not just being stored. 4. I believe that: my new Sprinter ERA 70X, which looks exactly like a large windowed van, should be permitted to be parked in my driveway without a fence, as initially verbally stated by staff. I am asking that the permit for the proposed fence be approved AND I am asking for a determination that the temporary fence is an acceptable alternative AND I am asking for a determination that a fence is not required for parking the Sprinter ERA 70X. W AMY KAVANAUGH (008:6/24/1967) Seen At Xpress Urgent Care Tusen,17612 E 17th St, 101, Tustin, CA On: 02/13/2018 by Yury Skarlat, PA Supervised 92780-1962; Phone: 714-243-5450; Fax 714838-8944 By. laid Noman, MD ATher data coMairod in this FAX is HIGHLY CONFtMWML h is krbnded for d» "Am" U" of the addresses. it Is to be used a* m aid In pr "ft specific health M services b this patient Arte other use is s vtoiadon of Federal Law POP" and win be 16W as suck Chief Complaint: Patient, comes in today for a Sore throat and Body Ache& (SOURCE Patient) History of Patient Reports: Present Illness: Sore throat [Onset: 4 Day(s)• Assoc. Sx: Denies Ear pain Reports Fever] PMH: Surgical History: Body Aches Fever Myalgias Patient Denies: Eye pain, Diplopia, Blurred vision, Chest pain, Murmur, Palpitations, Dyspnea, Pleuritic, Abdominal pain, Vomiting, Diarrhea, Vaginal discharge, Urinary frequency/urgency, Lesion, Rash, Anemia, Bleeding, AIDS, Dizziness, Amdety, Depression iewed Past Medical Hx Review of Constitutional Systems: Patient Reports: Body Aches, Fever Eyes 4111111100W N - Patient ports: Sore throat Cardio Patient Denies: Abdominal pain; Vomiting; Diarrhea GU Patient Denies: Anemia; Bleeding AllergyAmmun anent enies:;Psyph m Patient De Current Meds: Allergies: Social AMY KAvANAUGH =8024/1967) Seen At Xpress Urgent Caro Tustin, 17612 E 17th St, 101, Tustin, CA n: 02/13/2018 by Yury Skattat. PA Supervied 92780-1962; Phone: 714-243-5450: Fax: 714-83848944 By: Zaid Noman. MO The dah oo t@Wted in this FAX b HIGMy Colwo)ENTML It is Yrtended for the aodushrs use of tto addresses. tt is to be used "io aid in providkg speoplc hoftm. saviors to #* patient. Any 0"w► use is a viotatton of Federal taw tHW" and wits be eeporied as such. History: Vitals: Taken on 0211312018 at 7:24 PM: BP: 157/97 mmHg PULSE: 90 bpm RESP: 17 breaths/min TEMP: 99.1 02 SAT: 97% Exam: General- NORMAL: No acute distress, Affect is normal, patient is oriented to tune, place and person, General appearance is normal to examination, Well developed, Appears to be well nourished, Normal hygiene, Mood normal Skin, Hair, Nails - NORMAL: Skin is unremarkable upon exam, Normal skin moisture, No rashes noted Head - NORMAL No evidence of trauma, Normocephalic, Head is normocephalic upon exam, Face is grossly normal Ears - NORMAL Normal pinna bilaterally, Normal external canals bilaterally, Normal TM(s), Hearing grossly intact bilaterally uraipnarynx n ABNORMAL Posterior pharynx is erythema ous Neck - NORMAL- Neck is grossly unremarkable upon exam, Normal thyroid palpa of Lymph Nodes - NORMAL Submental lymph nodes normal on exam, Submandibular lymph nodes normal on exam, No cervical adenopathy noted on exam Knoncni appreciates on exam over the right lung a cackles appreciated on ex over the Right lung area, Crackles appreciated on exam over the Left lung area Cardiac. NORMAL Normal heart rate noted, Normal rhythm noted Neurological - Procedures: FLU A 87804A QTY (1) [Completed by: David Contreras] FLU B 87804B QTY (1) [Completed by; David Contreras] Rapid Strep [87880] QTY (1) [Completed by: David Contreras] SERVICE(S) PROVIDED IN THE OFFICE D [99051'QTY (1) Lab Results: FLU A [87804A] FLU A [87804A]: Negative FLU B [87804B] FLU B [878048): Negative Rapid Strep [87880] Rapid Strep [87880]: N Assessment/Plan: Acute bronchitis, unspecife Acute pharyn Drink ofe Y KAVANAUGH (DOB:6124/1967) Baan At Xpress Urgent Caro Tust)n.17612 E 17th 8t, 101, Tustin, CA 13/2o1a by Yury SkadA PA Supervised 92780-1962; Phone. 714-243.8x150: Fax: 714-838-8944 By: Zaid Noman. MD dah cadained in this FAX IsHIGHLY CONFIDENTIAL- it it Mlanded for the exckW a use of tM addresses. it M to be wed only 10 aid In provWft spells h"Mhcsnt services to this padw* Any other use Is a vlolatlon of Federal Low (HIPAA) and will be reported as such we recommend that you receive another evaluation at the emergency room immediately or contact your primary medical clinics after hours call service to discuss your concerns. You must understand that you've received an Urgent Care treatment only and that you may be released before all of your medical problems are known or treated You, the patient, will arrange for follow up care as instructed Follow up with Primary care physician in next 2-5 days. You must understand that you've received an Urgent Care treatment only and the you may be released before all of your medical problems are known or treated You, the patient, will arrange for follow up care as instructed Please take all medications as directed. Finish all antibiotics (unless instructed otherwise) or you may not fully treat the infAnfinn and relapse. Prescribed Zithromax 250 mg tablet: Take 1 tablet for 5 days Take two tablets po day one. Than one daily days 2-5. Take with food; Total Qty 6 (Six) tablet; No refills; Allow substitutions; Earliest Fill Date: 02/13118