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HomeMy WebLinkAboutPLANNING AGENDA 10-03-1977October 3, 1977 AGENDA TUSTIN PLANNING AGENCY TUSTIN, CALIFORNIA 3:00 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL - 1 ~tn Ayes P-vtn 2nd APPROVAL OF MINUTES PUBLIC HEARINGS 1. Amendment to Use Permit 76-14 - (Courtyard) Allstate Savings for authorization to construct and operate a drive-up teller facility located at 18232 Irvine Boulevard in the Courtyard Shopping Center. IOMMENDED ACTION: Approve Use Permit Amendment by adoption of Resolution No. 1684. Ayes 2nd 2. Use Permit 77-29 - USA Sandwich Shop for authorization to operate take-out sandwich and salad shop within the Stewart multi-tenant in- dustrial complex located at the southeasterly corner of Franklin and Walnut Avenues. RECOMMENDED ACTION: Approve Use Permit 77-29 by adoption of Resolution No. 1682. 3. Use Permit 77-28 - Donna BOtula to authorize establishment and operation of a dance studio in a commercial building located in the E1 Camino Plaza at 702-704 E1 Camino Real. RECOMMENDED ACTION: Approve Use Permit 7~-28 by the adoption of Resolution No. 1683. PUBLIC CONCE S OLD BUSInESs NEW BUSINESS 1. Tentative Tract 10029 - Hyter Development LOCATION: Southeasterly corner of Main & Williams. RECOMMENDED ACTION: Recommend approval to the City Council by the adoption of Resolution No. 1685. 2~,a Aves ~'~USTIN, CALIFORNIA October 3, 1977 3:00 ~.m. Pa~e - 1 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL APPROVAL OF MINUTES~.~ Planning Agency Minutes 9/19/77 Page two Edward Jezowski, applicant, spoke in favor of the sign and informed the Agency that he is the only store in Tustin Village that does not have signing facing the street. The public hearing was closed at 3:25 p.m. Moved by Ed~r, seconded by Saltarelli, to a~prove the amendment to Use Permit 75-5 by the adoption of Resolution No. 1678. Carried 5-0. 3. USE PERMIT 77-24 Nancy Curtis, for authorization to construct a triplex residential building on a duplex residential (R-2) zoned lot located at 1362 Nisson Road. After the' presentation of the staff report by Mr. Chase, the public hearing was opened at 3:28 p.m. Myrtle Trevithick, 14081 Utt Drive, was opposed to this author- ization because of the two-story building facing on Nisson, and thought it would create a'visibility problem at the corner of Nisson and Utt. Olga Smith and Pat Gutherie also spoke against this project and reminded the Agency of their petition against this project which had been signed by 45 of the neighboring residents. Robert Beerie,'designer for the project, spoke in favor of this development, stating that they are staying away from the apart- ment look and rather providing amenities Of single-family units such as own Taundry facilities and each unit has its own garage. Milton Curtis, 13362 Cromwell Drive, Tustin, spoke in favor of this development, stating they would remove the old house and Upgrade the entire area which would be worthwhile for the City .~ppearance. The public hearing was closed at 3:50 p.m. After questioning from the Agency, Dr. Fleagle, the City's Planning Consultant, explained that they have the right to build this triplex under the Zoning Ordinance, since they have applied for a use permit and will bring the property up to conformance to include street widening. After %o~e discussion ~ertaining to density and upgrading the property,' it was moved by Edgar, seconded by Schuster, to approve use Permit 77-24, by the adoption of Resolution No. 1677. Carried. Ayes: Sharp, W~lsh. Absent: 4. USE PERMIT 77'25 Edgar, Saltarelli, Schuster. none. Noes: Big Bob's Electrical Sign, for authorization to erect a 44-square-foot pole sign for DK's Donut Shop located at 1082 Irvine Boulevard. After the presentation of the staff report by Mr. Chase, the pu~iic hearing was opened at 4:05 p.m. Jack Mann, 1091 Irvine Boulevard, stated that this sign would not disturb his sign but the illumination was very high. The public hearing was closed at 4:05 p.m. M~oved by Edgar, seconded by Welsh, to approve Use Permit 77-25 by the adoption of Resolution No. 1676. Carried 5-0. VII. PUBLIC ~CONCERNS VIII. OLD BUSINESS IX. NEW 'BUSINESS Planning Agency Minutes 9/19/77 Page three 5. USE PERMIT 77-26 Duke Lumber Company, to authorize the construction and operation of an outside lumber storage facility located on Parcel 8 of Tustin Parcel Map No. 75-76, in the Tustin- Irvine Industrial Complex. After the presentation of the staff report by Mr. Chase, the public hearing was opened at 4:15 p.m. Jerry Cole, of Coldwell Banker, representing the applicant, spoke in favor of the project and requested a chain link fence with redwood slats instead of the usual block wall because of their intent to expand to the next lot. Mr. Chase advised that the City has been trying to resolve these different matters with Duke and the Irvine Industrial Complex and hoped to come with some solutions in the next week. The public hearing was closed at 4:30 p.m. After some discussion pertaining to the maintenance of wall and landscaping, it was moved by Edgar, seconded by Schuster, to approve Use Permit 77-26 by the adoption of Resolution No. 1681, to be amended to allow Mr. Chase to work out the details with Duke Lumber Company. Carried 5-0. use PERMIT 77-27 Boy Scout Troop 33, for authorization to conduct the retail sale of Christmas trees at the site of the First Christian 'Church located at 1372 Irvine Boulevard. After the presentation of the staff report by ~. Chase, the Public hearing was opened at 4:45 p.m. Bob Lansley, 14801 Attboro, Tustin, spoke in favor of this request and informed the Agency that he had knocked on all the doors of the homes that surround this site and no one was against the proposal. The public hearing closed at 4:46 p.m. Moved by Welsh, seconded by Edgar, .to approve Use Permit 77-27 as applied for, subject to the conditions of the City for Christmas tree sales lots. Carried 5-0. None. FORMAL FINDING 77-1 - FOOTHILL RENTALS After'some discussion among the Agency members, it was moved by Saltarelli, seconded by Edgar, that an outdoor facility is not a' permitted use in the C-2 District and any improvement to the property could not be permitted except to keep the pre- mises neat and clean as possible. Carried 5-0. me FINAL PARCEL MAP 77-102 Casa de Juan, Ltd., located at 1111 Laguna Road. .Moved by Saltarelli, seconded by Edgar, to recommend approval of Final Parcel Map 77-102 to the City Council by the adoption of Resolution No. 1679. Carried 5-0. Me CORRESPONDENCE XI. STAFF F~ONCERNS XII. AGENCY 'CONCERNS XIII. ADJOURNMENT XlV. CALL TO ORDER XV. PUBLIC HI. RINGS Planning Agency Minutes 9/19/77 Page four 2. FINAL PARCEL MAP 77-102 City of Tustin Youth Center Site at 600 B Street. Moved by Ed.gar~ seconded by Welsh, to recommend approval of Final Parcel Map 77-102 to the City Council by the adoption of Resolution No. 1680. Carried 5-0. 3. PLOT PLAN APPROVAL FOR 15521 WILLIAMS STREET (DUPLEX) ~'.Moved by Edgar, seconded.bY Saltarelli, to approve the plot --Rl~9 as submitted, subject to the staff's conditions. Carried 5-0. e pARKING LOT APPROVAL FOR GOLDEN WEST PLASTICS Located at 1492 Santa Fe Drive. MOved by Schuster, seconde~ by. Edgar, to approve the plot plan as submitted subject to the conditions of the staff re~ort. Carried 5-0. NONE. Mr"".i.~s~ ~reported that the Community Development Department has:hired a draftsman to update City maps and also to be shared with ~e Engineering Department as needed. Commissioner Saltarelli announced that AB 1533 would soon be voted on by.the Governor and.become law. This Bill will allow cities to annex, without election, areas of less than 100 acres that are completely surrounded by a city. After some discussion, Commissioner Edgar requested staff to mark these areas on a map and send it with a brief letter t6 the Governor. The Agency adjourned at 5:15 p.m. to a City Council Workshop relative to AHFP projects and thence to Agency meeting at 7:30 p.m. The. Planning Agency reconvened at 7:55 p.m. ~N~I'RONMENTAL IMPACT REPORT 77-4 - PACKERS SQUARE (Continued from August 1 and 15, 1977) An EIR addressing the total impact of a planned develop- ~ment of residential and commercial uses for the property on the southeasterly side of Newport Avenue, southerly Of Irvine Boulevard. (Note: because the applicant has w~thdrawn his ten-story highrise complex proposal, it will be necessary to amend the EIR to reflect the pro- posed alternative uses.) After the presentation of the staff report by Mr. Chase, and a brief outline of the steps to be taken by Chairman Sharp, the public hearing was opened at 8:00 p.m. There being no comments or objections, the public hearing was closed at 8:02 p.m. Mr. Edgar stated his concerns: traffic, school decisions,' develop- ment standards, and felt that all important items had been prop- erly addressed. Planning Agency Minutes 9/19/77 Page five Moved by ~gar, seconded by Welsh, that Environmental Impact Report 77-4 be certified by ~doption of Resolution No. 1663. Carried 5-0. AMENDMENT 77-2 (F) TO THE LAND USE ELEMENT OF THE GE~ERAL PLAN (PACKERS SQUARE) A proposal to change from the classification of Planned Community (Commercial) to Planned Community (Commercial- Multi-Family Residential) to authorize the construction of multiple family units. After a brief presentation of the staff report by Mr. Chase, Dr. Fleagle informed the Agency that this would be the first of four actions. Tbe City Council would hear the land use element and then the Planning Agency would hear the zone change, and the City Council would hear the zone change. All would be public hearings. Dr. Fleagle explained the Planned Development District regulations and suggested that the rear portion of the property that had the General Plan change request should go to the Planned Development District, which has ~he strictest of development standards. The ~ublicJportion of the hearing was opened at 8:45 p.m. Harry Kassebaum, applicant, informed the Commission that they would be submitting precise plans when they submitted the zone change'applica~ion. Those speaking in opposition to the amendment were: Nina Ondrack, 1342 Olwyn, representative of' HOT. Carlton Brown, 1358 Olwyn. Andrew Watson, 1282 Garland. Joanne Brown, 1358 Olwyn Drive. Robert Petry, 1352 Ol~n Drive. jim Buchannon, 1392 Olwyn. Ursula Kennedy. Those speaking in favor of the amendment were: John Mullins, 1096 Irvine Blvd. Blanche Wolf, one of the p~operty owners. Dean Haderle, manager of Sav-On Drugs. selma Nozick, 13362 Dall .Lane, Tustin. Linda Wright, 1080 Irvine Blvd. William Harris, 1472 Kenneth Drive. Tony Coco, 1116 Tustin Pines, read correspondence from two of.the propety owners, Blanche Griset and Blanche Wolf, and presented the correspondence to the Agency. The ~ublic hearing was closed at 9:27 p.m. The Agency discussed the risk of approving the change without knowing What kind of housing would be placed in the rear por- tion of the property, since the members requested housing for senior citizens. Moved by Edgar, seconded by Welsh, to recommend a~proval of this General Plan Amendment 77-2(F) to the City Council on October 17, 1977, along with a housing plan. Carried 5-0. 9. ENVIRONMENTAL IMPACT REPORT 77-3 (PACKERS SQUARE COMMERCIAL DEVELOPMENT) A focused EIR pertaining to the commercial portio~ ° of the Packers Square project. After presentation of the staff report by Mr. Chase, the public hearing was opened at 9:50 p.m. Planning Agency Minutes 9/19/77 Page six Harry Kassebaum, applicant, requested the City to proceed with this item so the Use Permit could be considered The public hearing was closed at 9:53 p.m.' Moved by Edgar, seconded by Welsh., to certify Environment~] Impact Report 77-3 by the adoption of Resolution No. 1655. Carried 5-0. USE PERMIT 77-16 (PACKERS SQUARE COMMERCIAL DEVELOPMENT) A Use Permit application to authorize the development of a commercial complex as an integral part of the Packers Square project· !' After the presentation of the staff report by Mr. Chase, the public hearing was opened at 9:57 p.m. Harry Kassebaum, applicant, requested approval of the Use Permit so that building plans could be finaled and submitted for plan Qheck. ~ove~ by Schuster, seconded by Welsh, to close the public hear- ing"~'at' 10:05 p.m. Carried 5-0 Aft~ some~discussion, it was moved by Edgar that the Use Per- mit be approved subject to the approval of a resolution at the next meeting. Motion died for lack of second. After ~u~. th'er discussion, it was moved by Sharp, seconded by Edgar, tO continue this item to the nex~ meeting as a closed- public hearing and.staff prepare a resolution of approval. Carried 5-0. The Planning Agency adjourned at 10:10 p.m. to a City CouncL1 meeting. RECORDING SECRETARY CHAIRMAN DATE: SUBJECT: LOCATION: APPLICANT: THE PLANNING COMMISS ION PUBLIC HEARING NO. 1 October 3, 1977 Amendment to Use Permit 76-14 Southwest corner of Holt Avenue and Irvine Boulevard Allstate Savings ., PROPOSAL: Request authorization for a drive-up teller facility for a Savings and Loan office. BACKGROUND AND DISCUSSION By the adoption of Resolution No. 76-80 on August 2, 1976, the Tustin City Council authorized construction of the Courtyard Shopping Center at First, Newport, Holt and Irvine Streets. The approved plot plan indicated the construction of three detached structures along the easterly boundary of the center, and only one of which was to have drive-thru facilities. Allstate Savings is also requesting a drive-thru teller window for their future facility on the southwest corner of Holt Avenue and Irvine Boulevard. The original site plan for the center did not propose this type of use for t~at location. The plan as approved by the City Council did contain drive- thru facility for the Lloyd's Bank Building at the corner of Newport Avenue and First Street. Other recent actions for the Courtyard Center include: Variance 77-1, authorized use of a 68-square-foot, 12%-foot- high temporary future facility sign. Variance 77-11, authorized the permanent display of banners within the pedestrian shopping courtyard. Plans were circulated to the various departments with the following comments received: Engineering 1. The drive-up teller aisle appears to accommodate seven cars.- Anything over seven cars will back into the general i parking lot aisle and may cause some circulation problems. ~ Multiple teller windows could alleviate some of this problem. 2. One of the five (5) parking spaces adjacen~ to the proposed Report to the Planning Agency October 3, 1977 Page two development should be designated a handicap stall. 3. The building entrance on the westerly side of the building exits directly into parkiDg stalls. Perhaps some type Of pedestrian way would be helpfuL. Planninq 1. Planning staff agrees with all of Engineering comments. 2. Monument signs cannot be'authorized for free standing structures of less than 5,000 square feet. The structure is authorized: e e 1 - 75 square foot wall sign 2 - 25 square foot wall signs Landscaping plans to conform to the center's master plan will be a requirement of the per~it procedures. This development should conform to all the requirements of the previously approved site plan for the entire site development. The center identification signs are illuminated by ground based flood lights. These lights are not shielded from the adjacent roads and can conceivably be confusing to motorists. Tentative plan approval for the sign was given but precise plans were never submitted or permits issued. RECOMMENDED ACTION It is recommended that Use Permit 76-14 be approved by the adoption of Resolution N6.. 1684, substantially as drafted. Respectfully submitted, Alan Warren Planner Community Development Department AW/db 0 I,,- 4 ? 8 9 10 14 16 17 RESOLUTION NO. 16'84 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN. AMENDING USE PERMIT 76-14 AUTHORIZING A DRIVE-THRU TELLER FACILITY FOR ALLSTATE SAVINGS AT THE CORNER OF HOLT AVENUE AND IRVINE BOULEVARD. The Planning AgenLy of the City of Tustin does hereby resolve as follows: 1. Thefollows: Planning Agency finds and determines as A. That a proper application was filed by Allstate Savings to amend Use Permit 76-14, to request authorization to place a drive- thru teller facility at the southwest corner of Irvine Boulevard and Holt Avenue. B.That a public hearing was duly called, noticed and held on said application; C. The 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. D. That final construction plans shall be submitted and reviewed by the Community Development Director and subject to provisions of all applicable ordinances and codes. 2. The Planning Agency does hereby resolve that item 11 shall be a~ded to paragraph 1 of Resolution No. 76-80, as follows: 11. That a drive-thru teller facility is authorized for the savings and loan structure at the southeast corner of Irvine Boulevard and Holt Avenue subject to the following condition: "That plans will be submitted and permits applied for for the illegal signing within the Center prior to the issuance of building permits... PASSED AND ADOPTED at a Agency of the City of Tustin, 26 1977. regular meeting of the Planning held on the 3rd day of October, 51 RE( 9/27/77; db TO THE PLANNING COMMISSION PUBLIC HEARING NO. 2 DATE: SUBJECT: LOCATION: APPLICANT: October 3, 1977 USE PERMIT 77-29 Industrial Complex located on the southeasterly corner of Franklin and Walnut Avenues in the Tustin-Irvine Industrial Complex. Barry Ackerman et. al. for USA Sandwich Shop PROPOSAL: Authorize take-out sandwich and salad shop with seating for 16 and an on-site beer and wine license in an industrial district. BACKGROUND: USA Sandwich Shop has requested a use permit to authorize a sandwich and salad take-out shop in the Tustin Business Center in Suite D of Building 4 at 2600 Walnut Street. The proposed use is desirable from a convenience and energy- saving perspective, permitting persons who work in the business center to purchase their lunch at a convenience outlet, without the necessity of driving to restaurant facilities. If the sand- wich shop is limited to take-out activities with minimal seating and would be for the benefit of employees in the bueiness center, no adverse impace would result. On July 18 the City Council acting as the Planning Agency approved a use permit (Use Permit 77-14) for the same use in the same business park. Since that time, the owner of the cen~er has indicated that the applicant has withdrawn his lease from the Stewart Company. RECOMMENDED ACTION: It ms recommended that the Planning Agency approve Use Permit 77-29 by the adoption of Resolution No. 1682 which is in substan- tial conformance with the previous resolution approving the same use. Respectfully submitted, Mary Ann~ Chamberlain Planning Aide - I I I ! I I / I I ! I ,Z L~ 1"=. 400' USE PERMIT 77-_2' Id/~/ I¢¢ ! 8 6 ? 8 9 10 :1.8 ].9 20 2/,' $0 81 RESOLUTION NO. 1682 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN APPROVING USE PE~IT 77-29 AUTHORIZING THE OPERATION OF A SANDWICH SHOP AT 2640 WALNUT AVE. The Planning Agency of the City of Tustin does hereby resolve as follows: 1. The Planning Agency·~ finds and determines as follows: a. A proper application (Use Permit 77-29) has been filed on behalf of USA Sandwich Shop for the operation of a take-out sandwich and salad shop on a portion of Stewart's Tustin Business Center on Walnut Avenue. b. Tha~ a public hearing was duly called, noticed and held on said application. c. That establishment, maintenance and operation of the use applied for will not, under the circum- stances of this case, be detrimental t~ the health, s'afety or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1) That said development is in conformance to the Tustin Area General Plan. 2) That perimeter landscaping has been provided around the exterior of the complex, with median planter islands in the interior drive aisles. de 3) That'said development will be compatible with the total master planned complex within which the development is located. That the establishment, maintenance and operation of the use applied for will not be injurious nor 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 Zoning Ordinance and the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Department, the Uniform Fire Code as administered by the Fire Department, and street improvement requirements as administered by the City Engineer. 2. The Planning Agency hereby grants a Use Permit to authorize the operation of a sandwich shop within the Tustin Business Center as applied for subject to the following conditions: ' All interior improvements shall comply with applicable City building regulations..- 8 6 8 9 10 14 15 17 18 19 Resolution No. 1682 Page 2, 10-3-77 be Hours of operation shall be not earlier than 6:00 a.m. nor later than 7:00 p.m., Mondays through Saturdays. Ce The primary business for the operation shall be directed at those working in and visiting the Tustin Business Center. Promotion of the facility for other than resident tenants shall be a violation of the Use Permit. The operation shall comply with Sign Ordinance No. 684 and display a sign no larger than five (5) square feet in conformance with a Master Sign Plan for the Center. ee Approval of the County Health Department shall be required for food service facilities. Seating capacity shall be limited to 16 seats. PASSED AND ADOPTED at a regular meeting of the City Of Tustin Planning Agency, held on the 3rd day of October, 1977. CHAIRMAN RECORDING SECRETARY TO THE PLANNING COMMISS ION PUBLIC HEARING NO. 3 DATE: October 3, 1977 SUBJECT: LOCATION: APPLICANT: Use Permit 77-28 702-704 E1 Camino in the E1 Camino Plaza Shopping Cente~ Donna Botula REQUEST: BACKCRouND A Use Permit to authorize the establishment and operation of a dance studio with an average class enrollment of eight students. The applicant desires to locate her dance studio within an existing shopping center which is located in the C-2 (Central Commercial) District. The surrounding properties are also zoned C-2 and certain commercial uses. The subject application is determined to be categorically exempt from the requirement of an Environmental Impact Report as a Cla~s I exemption (Existing Facility). The application was circulated to the various City Departments for review and no adverse comments were received. This application appears to be in substantial compliance with all zoning and development regulations. ~RECOMMENDED ACTION Approval of Use Permit 77-28, by the adoption of Resolution No. 1682, substantially as drafted. Respectfully submitted, Mary Ann Chamberlain Planning Aide Community Development Department Brian J. Chase Planning Director City of Tustin September 16, 1977 Dear Mr. Chase, Jete' School of Dance-Tustin is a partnership consisting of myself,(DonnS Botula)and Carol Vanderpool. We have signed a lease for 3 years with Mr. W..~. Zappas to operate our busi~ness at 702-704 E1 Camino Real, Tustin, California. At this time, our students number 13. They range in age from 3 years old to ~2 years old. Our classes consist of ballet, tap and Jazz for children. We are conducting these classes from 3pm to 6pm on Tuesdays and Thursdays. We also have an adult class of womens ballet and Jazz exercise. This class will start On Tues. Sept. 20th and will consist of 6 students. I hope that this letter answers any questions that you might have concerning my business. If you need any furthar information, please contact me. Very truly yours, Donna Botula Jete' School of Dance 702 E1 Camino Real Tustin, Calif. 92680 731-5415 1 2 6 ? 8 9 10 11 12 13 15 16 18 2O 21 81 RESOLUTION NO. 1683 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY'OF TUSTIN GRANTING A USE PERMIT ON APPLICATION NO UP 77-28 OF DONNA BOTULA ' The Planning Agency of the City of Tustin does hereby resolve as follows: The Planning Agency finds and determines as follows: That a proper application UP 77-28 was filed on behalf of Donna Botula for a Use Permit to allow the establishment and operation of a dance studio with an average class enrollment of 8 students for the property located at 702-704 E1 Camino Real. Co That a public hearing was duly called, noticed and held on said application. That establishment, maintenance and operation of the use applied for will not, under the circum- stances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in th% neighborhood of such proposed use, evidenced by the following findings: 1) That a dance studio will provide a cultural facility for the community. 2) That this is an appropriate use for this particular site which is located in.a commercial district. 3) That the subject use is in conformance to the Tustin General Plan. That the establishment, maintenance and operation of the use applied for will not be inju~±ous 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. ' Proposed development shall be in accordance with the Zoning Ordinance and the development policies adopted by the City Council, Uniform Building Code~ as administered by the Building Official, Fire Code as administered by the Fire Chief, and stree~ improvemen~ requirements as administered by the City Engineer. f. That this request is categorically exempt from the requirement of an Environmental Impact Report as a Class 1 Exemption (Existing Facility). The Planning Agency hereby grants a Use Permit, as applied for, to allow the establishment and operation of a dance studio with an average class enrollment of 8 students subject to: ! 8 6 8 9 10 /2 1,( 16 1'/ 18 :[9 20 21 22 2'7 28 29 80 Resolution No. 1683 Page 2, 10-3-77 a. That signing for this use be submitted for staff review and approval in conformance with the Sign Code (Ordinance #684). PASSED AND ADOPTED at a regular meeting of the Planning Agency of the City of Tustin, California held on the 3rd day of October, 1977. CHAIRMAN RECORDING SECRETARY TO THE PLANNING COMMISS ION PUBLIC HEARING NO. 4 (Continued) DATE: October 3, 1977 SUBJECT- Use Permit 77-16 (Packers Square) The Planning Agency on September 19, 1977, certified EIR 77-3, closed the public hearing on Use Permit application 77-16 for the commercial portion of the Packers Square Project, and directed staff to prepare an approving resolution. Concerns of the Planning Agency relate to the developer's intent for the southeasterly portion of the proposed project. The applicant, by copy of the attached letter, has stated his intent to 'develop the residential portion as a senior citizen housing project in accordance with the Planning Agency s approval. ' Resolution No. 16.56, as drafted, approves Use Permit 77-16 for the commercial portion of Packers Square, subject to the further condition that building permits shall not be authorized until such time as the Planning Agency approves the conceptual plan for the total project. Approval of Use Permit 77-16, subject to recommended conditions, will enable the developer to obtain tenant leases and prepare working drawings. It also guarantees the Planning AgenCy that no construction will commence until approval is given for the total project. RECOMMENDED ACTION It is recommended that the Planning Agency approve Use Permit 77-16 by the adoption of Resolution No 1656 substantially as drafted. ' ' Respectfully submitted, Brian J. Chase Community Development Director BJC/RKF/db'~' 4 § 6 ? 8 9 10 12 13 14 15 16 17 18 19 20 21 24 26 3O 31 32 RESOLUTION NO. 1656 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, APPROVING USE PER~?IT 77-16, FOR THE COMMERCIAL DEVELOP~ENT OF PACKER SQUARE. The Planning Agency of the City of Tustin does hereby resolve as follows: 1. The Planning Agency of the City of Tustin finds and determines as follows: A. That a proper application (No. UP 77-16) was filed by Harry Kassebaum, 3848 Campus Drive, Newport Beach, for a 'conditional use permit to allow the construction and operation of a 40,400-square-foot commercial center on a 4.5- acre parcel located on the southerly side of Newport Avenue, southerly of Irvine Boulevard known as Packer Square., B. That a public hearing was duly called noticed, and held on said application. ' C. That establishment, maintenance and operation 'bf the use applied for will noT, under the cir- cumstances 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: (1) The proposed use is in conformance with the Land Use Element of the General Plan and the commercial zoning of the subject parcel. (2) The subject use is in a portion of a master plan for the development of the total vacant parcel. (3) That traffic circulation patterns will be compatible with other developments within the area. D. That the establishment, maintenance and operation of a commercial center will not be injurious nor 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 Zoning Ordinance and the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Fire Chief, and street improvement requirements as administered by the Public Works Director. F. That the proposal has been addressed by Environ- mental Impact Report 77-3, as certified by the Planning Agency, with mitigating measures. 1 2 3 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 £§ 26 27 28 29 30 31 32 The Planning Agency hereby grants a Use Permit, as applied for, to allow the construction and operation of a drive-thru bank, restaurant, and retail shops, subject to the following conditions: Compliance with mitigating measures proposed by EIR 77-3'. B. Staff approval of precise development plans for any structure or portion of the project, to include but not limited to: (1) Handicapped parking accommodations. (2) Landscaping (3) Street improvements (4) Installation of fire hydrants (5) Signing in accordance with Tustin Sign Code to include authorization for a free- standing Center identification sign. (6) Undergrounding of utilities. (7) Lighting (8) Colors and materials (9) Elevations (10) Screening of roof-top equipment · ..(11) Parking accommodations an,d traffic circula~-- (12) ~red perimeter wall~i~~O~ ~- ~t greg&ti~hg the commercial development from any abutting residential properties. C. The recording of reciprocal easements for ingress and egress to the remaining portion of the south- easterly parcels encompassed by General Plan Amendment 77-2 (f). 3. Building permits shall not be issued for proposed structures and uses authorized by Use Permit 77-16 until such time as the Planning Agency shall have approved a conceptual plan in accordance with the Planned Community District Regulations of the City of Tustin-Zoning Ordinance for the total area encompassed by General Plan Amendment 77-2 (f). PASSED AND ADOPTED at a regular meeting of the City of Planning Agency, held on the 3rd day of October, 1977. CHAIRMAN RECORDING SECRETARY 9/27/77; db PLA NNING COMMISSION NEW BUSINESS NO. 1 DATE: October 3, 1977 SUBJECT: LOCATION: APPLICANT: Tentative Tract No. 10029 Southeasterly corner of Main and Williams Hyter Development company BACKGROUND AND DISCUSSION: Subject tentative tract map consists of 2.93 acres located at the southeast corner of Main Street and Williams Street, which is being divided into 14 lots. Lots 1 through 13 are proposed for duplex development with Lot 14 as a convenience market. The "private alley easement for emergency vehicles" will in reality be used by the residents, since Lots 1, 2 and 3 obtain their gara'ge access off of this alley. The dead-end interior street is hot per City standards, and it appears that fire vehicles could not negotiate the sharp turn into the private alley unless some type of radius were provided. Because of the configurati@n of this dead-end street, it appears that cars and trucks will be using the private alley as an egress from the development. Consequently, a homeowners association should be required to provide for repairs and maintenance as is done with any private street or alley. An alternative requested by the developer is a cooperative maintenance agreement between Lots 1, ...... 2, 3, 13, and ~14 subject to City Attorney's approval. Lots 4 through 13 for common driveways; consequently, the final map should provide for reciprocal driveway easements. The typical section for the int'erior street should be revised to provide a 4" wide sidewalk with the inside edge located 25.83' from centerline~ Thus, the 3' utility easement as shown would become a sidewalk easement which should be so indicated on the final map. This configuration will permit a 3½±'parkway for street 'lights, fire.hydrants, street trees and mailboxes RECOMMENDED ACTION: It is recommended that the Tustin Planning Agency recommend approval of Tentative Tract No. 10029 to the City Council by the adoption of Resolution No. 1685 subject to the following conditions: 1. Installation of marbelite street lights served with underground conduit on all public street frontages including the Williams Street and Main Street frontages. Also, provisions should be made to provide ligh'ting on the private alley. All of the above subject to the approval of the City Engineer. Report to the Planning Agency October 3, 1977 Page two 2. Installation of street trees on all public street frontages per the City of Tustin master plan of street trees. 3. Submission of street improvement plans calling for the construc- tion of curbs, gutters, pavements, sidewalks, sanitary sewers and watermains per the City of Tustin "Minimum Design Standards for Public Works" and "Street Improvement Standards." All subject to the approval of the City Engineer. The Williams Street frontage shall be constructed to secondary arterial standards with a 35' radius.curb return to join the existing curb on Main Street. Widenil of Main Street or sidewalk ~construc~ion on Main Street will not be required, however, Main Street construction shall include grading of the parkway at a ¼" per foot slope from the existing top of curb and construction of a retaining wall along the right-of-way line with the top of footing set at 0.70' below the existing top of curb to allow for future street widening. This retaining wall shall be located outside of the Main Street right-of-way. 4. Provide for underground utilities with no new overhead poles to be set within or adjacent to development. 5. The ~inal map shall indicate the private alley easement, recipro- cal driv~ay easements and sidewalk easements on the interior street. This sidewalk easement area is 3.0 feet additional width on both sides over'and above the right-of-way shown on the revised tentative map. 6. Tra'ffic striping and signing as required and subject to the approval of the City Engineer on the interior street, Williams Street and Main Street. 7. The design of the access to the private alley from the dead-end street shall meet the requirements of and be subject to the approval of the Tustin Fire Department. 8. The formation of a homeowners association or a co-operative agreement between Lots 1 2 3 13 m · ~ , , , , and 14 to provide for alntenance of'the private alley and landscaping on the Main Street · frontage ..... 9. Paymen~"-.of park land dedication-in-lieu fees prior to the issuance of a building permit. Respectfully submitted, Brian ~. Chase Community Development Director 4 5 6 8 9 10 11 12 14 15 16 17 18 19 2'0 21 22 25 24 25 26 27 28 29 ~0 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPR©VAL OF TENTATIVE TRACT #10029 TO TIlE CITY COUNCIL. The Planning Agency of the City of Tustin does hereby resolve as follows: The Planning Agency finds and determines as follows: Se That a proper application, pursuant to Ordinance #651, was filed bv H~ter Development Inc. for the purpose of creating a 14-lot subdivision. The property identified as being the southeasterly corner of Main and Williams. be That an EIR was previously certified for this project (EIR 76-3). Ce That the proposed map, design, and improvements are consistant with applicable general and specific plans. de That the site is physically suitable for the type and the proposed density of development. Se That the design of the subdivision and/or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure any native flora or fauna. fe That the design of the subdivision and the type of improvements is not likely to cause serious public health problems. ge That the design of the subdivision and the type of improvements wil~ not conflict with easements, acquired by the public at large, where access through or use of, property within the proposed subdivision. he That the tentative trac~ map complies with all requirements of the Cit~, of Tustin subdivision Ordinance. Parkland in lieu fees s~mll be required in lieu of dedication of parklam~' in the amount of .45 acres of land X the fut~ cash value of the land being developed, as de ~t~.mined by the latest equalized assessment roiLS. The Planning Agency hereby rec-onmends to the City Council the approval of Tract #10029, subjectt to the following condi- tions: ae Installation of marbeli~e street lights served with underground conduit on .ml~l public street frontages. Also, provisions should De made to provide lighting on the private alley. ~i1 of the above subject to the approval of the Ci.t~ Engineer. b. Installation of street ~rees on all public street frontages per the City~f Tustin master plan of street trees. 1 2 3 6 9 ~. 11 14 19 23 24 ? 27 ! 28 29 32 Resolution No. 1686 September 28, 1977 Page 2 c. Submission of street improvement plans calling for tlxe construction of curbs, gutters, pavements, sidewalks, sanitary sewers and watermains per the City of Tustin "Minimum Design Standards for Public Works" and "Street Improvement Standards." All subject to the approval of the City Engineer. The Williams Street frontage shall be constructed to secondary arterial standards with a 35' radius curb return to join the existing curb on Main Street. Widening of Main Street or sidewalk construction on Main Street will not be required, ~ however, Main Street construction shall include grading of the parkway at a ¼" per foot slope from the existing top of curb and construction of a retaining wall along the right-of-way line with the top of footing set at 0.70' below the existing top of curb to allow for future street widening. This retaining wall shall be located outside of the Main Street right-of-way. e® Provide for' underground utilities with no new overhead poles to be set within or adjacent to development. The final map shall indicate the private alley easement, reciprocal driveway easements and side- walk easements on the interior street. This sidewalk easement area is 3.0 feet additional width on both sides over and above the right-of- way shown on the revised tentative map. Traffic striping and signing as required and subject to the approval of the City Engineer on the interior street, Williams Street and Main Street. g. THe:: design of the access to the private alley from the dead-end street shall meet the require- : ments of and be subject to the approval of the Tustin Fire Department. ' h. TH~.: formation of a homeowners association or a co-operative agreement between Lots 1, 2,.3, 13, and 14 to provide for maintenance of the private alley and landscaping on the Main Street frontage. i. P~y..mentt of park land dedication-in-lieu fees prior to the issuance of a building permit. PASSED AND ADOPTED.by the Plannin~ Agency of the City of Tustin .at a regular meeting held on the 3rd day of October, 1977 CHAIRMAN OF 'l'l~i; PLANNING COM~ilSSION PLANNING CO~IISSION RECORDING SECRETAR~