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HomeMy WebLinkAbout02-28-00 PC PACKET A G E N D-A'. + TUSTIN PLANNING COMMISSION REGULAR-MEETING FEBRUARY 28, 2000 5 CALL TO ORDER: : 7.00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Bell ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima and Pontious PUBLIC CONCERNS-.' to 3 minutes per person for items not on the agenda.) At this time members of the public may address the ; Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). • IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT . ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE 'SO THAT YOUR REMARKS ON THE TAPE.RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR i FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE_ .MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC, ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR. SEPARATE ACTION.) Planning Commission Agenda February 28, 2000 Page 2 CONSENT CALENDAR: 1. Minutes of the Februa1y 14 2000 Planning Commission Meeting. PUBLIC HEARINGS: 2. Conditional Use Permit 00-004 a request to establish a contractor's office in an existing office building. The project is located at 275 Centennial Way, Suite 211, within the First Street Specific Plan zoning district. APPLICANT: ORANGE COUNTY CONSTRUCTION AND MAINTENANCE PROPERTY OWNER: LARWIN SQUARE, LLC. Recommendation That the Planning Commission adopt Resolution No. 3716 approving Conditional Use Permit 00-004. Presentation: Brad Evanson, Assistant Planner 3. Conditional. Use Permit 99-012 And Design Review _99-017 a request to construct a major wireless communication facility. The project is located at 15201 Woodlawn Avenue within the Pacific Center East Specific Plan (Technology Center) zoning district. APPLICANT: SPRINT PCS PROPERTY OWNER: DAVID FRENCH SNAPPLE RECOMMENDATION That the Planning Commission continue the public hearing to the March 13, 2000 Planning Commission meeting. Presentation: - None REGULAR BUSINESS No Regular Business Planning Commission Agenda February 28, 2000 Page 3 STAFF CONCERNS: 4. Report on Actions taken at the.February 22, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: A regular,meeting of the Planning Commission,will be held on March 13, 2000 beginning at 7.00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ' 1 I CI•I n i MINUTES TUSTIN PLANNING COMMISSION .REGULAR MEETING FEBRUARY 14, 2000 CALL TO ORDER: 7:01 .p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious ROLL CALL: Present: Kozak Bell Davert Kawashima Pontious Staff- Elizabeth Binsack, Director Karen Peterso6, Senior Planner • Minoo Ashabi, Associate Planner Doug Anderson, Project Manager—Traffic Kathy Martin, Recording Secretary PUBLIC CONCERNS: No Public Concerns were expressed. f CONSENT CALENDAR: 1. Minutes of the January 24 2000 Planning Commission Meeting. " Commissioner Davert moved Commissioner Pon_ tious seconded, to approve the Consent Calendar. Motion carried 5-0. ' PUBLIC HEARINGS: 2. Conditional Use Permit 99=035 &-Desi n Review 99-043 airequest_to install a patio-cover and entry portico on the west elevation of an existing restaurant to accommodate outdoor,seating and a waiting area.. The project.,is located at 17440 .E. Seventeenth Street within- the Planned Community Commercial (PC-COMM)' zoning district. ; Planning Commission Minutes February 14, 2000 Page 2 APPLICANT: DESIGN ARCH ARCHITECTS ATTN: OLIVER BRYCH PROPERTY OWNER: MAURICE A. ENDERLE Recommendation That the Planning Commission adopt Resolution No. 3713 approving Conditional Use Permit 99-35 and Design Review 99-043. The Public Hearing opened at 7:03 p.m. Minoo Ashabi, Associate Planner, presented the subject report. The Director stated a change had been made in the language for Condition 2.6 and should read "a maximum of 90 seats" rather than a total of 90 seats so the applicant does not have to provide 90 seats. Commissioner Davert asked if the hours of operation were proposed by the applicant. Minoo Ashabi stated the hours were proposed by the applicant. Commissioner Davert noted that Conditions 2.2 and 2.5 were redundant and suggested they be combined. Minoo Ashabi agreed and stated the conditions would be combined. The Public Hearing closed at 7:06 p.m. Commissioner Davert stated he was glad to see the project going forward as the applicant had been using a tent for awhile and this would be a tremendous improvement. Commissioner Pontious stated that it is great to see a business in town doing well and the patrons will be delighted. Chairperson Kozak stated that it was a good project. Commissioner Kawashima asked if the hours of operation took weddings and receptions into consideration. - Karen Peterson, Senior Planner, stated that the hours would remain in effect unless the applicant came forward to request a change. If an event is planned that includes more people than can be accommodated, the applicant can request a temporary use permit. Ed Soltis, manager of Enderle Center, stated that the project will benefit the center and • the City of Tustin and noted that Zov's is Known locally and nationally for the quality of their food and service. Planning Commission Minutes February 14, 2000 Page 3 Commissioner Davert confirmed with staff that if Zov's were to have a special event they would not need to come back before the Commission. The Director confirmed and stated that an event could be approved administratively through a temporary use permit. Commissioner Davert moved. Commissioner Pontious seconded, to adopt Resolution No. 3713 approving Conditional Use Permit 99-35 and Design Review 99-043 modified as follows: Condition 2.6 should read "a maximum of 90 seats" rather than a total of 90 seats. Conditions 2.2 and 2.5 are combined. Motion carried 5-0." The Public Hearing closed at 7:09 p.m. 3.. Conditional Use Permit 99-029 a request to establish a church facility for .a maximum of 129 members including church services, classrooms, and administrative offices. The project is located at 15102 Red Hill Avenue, Suite A&D - within the Industrial (M)zoning designation. . APPLICANT: SEA BREEZE COMMUNITY CHURCH ATTN: RICK EASTMAN PROPERTY OWNER: PACIFIC GULF PROPERTIES INC.: ATTN: NERIMAN.LENNICK Recommendation That the Planning Commission adopt Resolution No. 3712 approving Conditional Use Permit 99-029. The Public Hearing opened at 7:10 p.m. Minoo Ashabi, Associate Planner presented the subject report. Rick Eastman, pastor, stated the church has been established for five years but has not had a permanent place of worship and they are very excited about the possibility of a permanent home and want to offer a positive influence in.the community. Commissioner Davert stated that the project looks good. Pianning Commission Minutes February 14, 2000 Page 4 Chairperson Kozak stated that he is satisfied with the traffic engineer's analysis and recommendations and is pleased to provide Commissioner Pontious stated that the issue of churches locating in industrial districts carne up when she was on the Planning Commission and the Commission made it a conditionally permitted use because it is difficult for churches to find locations to meet. Commissioner -Davert moved, Commissioner' Pontious seconded, to adopt Resolution No. 3712 approving Conditional'Use Permit 99-029. Motion'carried 5-0. The Public Hearing closed at 7:144 p.m. The applicant.presented flowers to Minoo for Valentine's Day. 4. Conditional Use Permit 99-012 And Design Review 99-017 a request to construct a major wireless communication facility. The project is,located at 15201 -Woodlawn Avenue within the Pacific Center East Specific Plan (Technology Center) zoning designation. . 1 - APPLICANT: SPRINT PCS PROPERTY OWNER: DAVID FRENCH , SNAPPLE RECOMMENDATION That the Planning Commission continue the public hearing to the February 28, 2000-Planning Commission meeting. Presentation:Lori Ludi, Associate,Planner' Commissioner Davert moved Commissioner Bell seconded, to. continue the public hearing at the applicant's request. Motion carried 5-0. REGULAR BUSINESS No Regular Business STAFF CONCERNS: 5. Report on Actions taken at the February 7, 2000'City Council Meeting Elizabeth A. ,Binsack, Director of Community Development reported on the subject- agenda. Planning Commission Minutes February 14,' 2000 Page 5 COMMISSION CONCERNS: Commissioner Bell - Wished everyone a Happy Valentine's Day. Commissioner Davert Participated in the Ad Hoc CDBG Citizen Participation Committee along with Commissioner Bell and.it was a lot of fun and rewarding. Noted that Tustin Hardware store has .a banner sign out in front and wondered if there was a plan by the tenant to put up a permanent sign or take the banner down. The Director stated that she knows the property has gotten permits in the past for the banner but she will check on the expiration. Noted that a real estate agent taped "for rent' signs with boxes for flyers to street signs. The Director stated that the displays were not permitted and she will have code enforcement staff check into it. Commissioner Kawashima Noted that he attended a Speak of Newport (SON) banquet last week and people in attendance stated that they believe the redevelopment of MCAS Tustin is going to impact the City of Newport Beach and he found that amusing. Asked about the City's process for handling non-profit organizations. The Director stated the City-Manager can authorize fee waivers and does typically for City sponsored events and bonafide non-profit organizations. Commissioner Pontious Thanked staff for their follow-up on her concerns regarding the graffiti on Mitchell Avenue and the condition of the Arco station at Mitchel[ and Red Hill. Chairperson Kozak Wished everyone a Happy Valentines Day and congratulated Minoo on receiving the flowers. Planning Commission Minutes February 14, 2000 Page 6 Noted that the Commissioners were given a copy of the Tustin Legacy RFP and asked staff for the status. The Director stated that the applications were due back on the 11'x' of February and she will check with Redevelopment Agency staff for the status. - Noted that there are torn blue tarps and brown canvas at the car wash adjacent to the post office that are in need of replacement. ADJOURNMENT: Commissioner Pontious moved Commissioner Davert seconded, to adjourn the meeting at 7:27 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission will be held on February 28, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. �T Y `Ufa r '49eport to the r US �� Planning Commission DATE: FEBRUARY 28, 2000 SUBJECT: CONDITIONAL USE PERMIT 00-004 APPLICANT: ORANGE COUNTY CONSTRUCTION'AND MAINTENANCE 275 CENTENNIAL WAY,#219 TUSTIN, CA 92780 PROPERTY OWNERS: LARWIN SQUARE TUSTIN, LLC 275 CENTENNIAL WAY,#209 TUSTIN, CA 92780 LOCATION: 275 CENTENNIAL WAY, #211 , ZONING: Y FIRST STREET SPECIFIC PLAN—COMMERCIAL AS PRIMARY (LARWIN SQUARE OFFICE BUILDING) ENVIRONMENTAL STATUS: THIS PROJECT IS'CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF.THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO. OPERATE A CONTRACTOR'S OFFICE IN AN ` EXISTING OFFICE-BUILDING LOCATED AT 275-CENTENNIAL WAY. RECOMMENDATION That the Planning Commission adopt Resolution No. 3716 approving Conditional Use Permit 00- 004. BACKGROUND The applicant is requesting authorization to continue operation of a contractor's office in an existing two-story, office building,located at 275 Centennial Way (see Location Map). The site is within the First Street Specific Plan (FSSP). Although the 1=SSP. land use designation,is "Commercial as Primary", Section II(D)(1) of the FSSP identifies the office building as existing and Section ll(D)(2) identifies that no change in use is proposed.for the site. Section 111(C)(9) allows non-conforming uses to continue provided they are not expanded and Section Ili(D)(1 )(a)(3) allows the Planning Commission to consider uses that are consistent with other permitted uses. Since the building is developed as an office building and the "Office as Primary" FSSPland use designation allows Contractor's Offices subject to approval of a conditional use permit, it would be appropriate to consider a conditional.use permit application for the project location. i Planning Commission Report CUP 00-004 February 28, 2000 Page 2 Project Description The proposed use occupies a single 819 square foot suite within the Larwin Square Office Building (Attachment B - Submitted Plans). To accommodate the proposed operations, the applicant intends to file tenant improvement plans to relocate the main entry door to the suite. Surrounding uses include commercial uses to the east and north, office uses to the south, and the Civic Center Plaza to the west. Office Operation The proposed contractor's office has been in operation for several months. The office space contains a conference room, file storage and three offices. According to the applicant, this location operates as an office use only to dispatch -workers to various job sites and no construction materials, vehicles and related equipment are stored on site. There are no company owned vehicles. All construction materials are ordered from the factory and delivered directly to_the job sites. The proposed hours of operation for the office is Monday through Friday from 7:00 a.m. to 6:00 p.m. Condition Numbers 2.1 through 2.4 of Resolution 3716 (Attachment C) are included to ensure that the proposed office is used as office use only. Parking and Access The Larwin Square office building at 275 Centennial Way is located in the southwestern,corner of the Larwin Square shopping center on a separate parcel. A separate parking lot is located at ground level beneath the building. On July 12, 1999, Conditional Use Permit 99-013 was approved, authorizing the establishment of a shared parking analysis for all parking stalls within Larwin Square. At that time, the subject tenant space was counted as office space under the First Street Specific Plan. Therefore, the establishment of a new office use at the subject location conforms with the parking requirements of the First Street Specific Plan and the amendments authorized under CUP 99-013. ANALYSIS Centennial Way is primarily an office and commercial corridor; listed uses along Centennial Way range from office use to retail and service commercial with office use generally considered to be the least intensive of-all listed uses. As proposed, the contractor's office is similar in operation to other office and retail uses in the area. The proposed conditions of approval would minimize any potential impacts from the operation of this contractor's office. In determining whether to approve the conditional use permit, the Planning Commission must determine whether or not the proposed contractor's office will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) Conditionally permitting a contractor's office within an existing building that was developed as and currently used for offices is compatible with other existing uses in the vicinity, similar Planning Commission Report CUP 00-004 February 28, 2000 • Page 3 to permitted uses in the "Commercial as Primary" land use designation, and consistent with the provisions within the"Office as Primary' land use designation for contractor's offices. 2) As conditioned, the proposed use will not be detrimental to health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood in that: • The operations of the contractor's office would be similar to permitted office uses in the vicinity; • Storage• and delivery of all construction related materials would occur at off-site locations; • No company owned vehicles or loading and unloading activities that could potentially impact the noise level in the area would occur at the project location; • The property would be maintained in a sanitary condition and no construction-related debris or trash will be deposited in the on-site trash bin; and, • • The hours of operation from 7:00 a.m. to 6:00 p.m. Monday through Friday would be compatible with the surrounding uses. 3) As conditioned, the proposed use would be compatible with uses in the surrounding area, and would not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in that the nature, operation and scale of the office use is compatible with the surrounding commercial and office uses. • 4) In 1999 a parking demand analysis was approved for the center, and the proposed use would not result in an intensification of parking demand. . va otr Karen P erson Assista Pla er Senior Planner BE%PC ReportslCup00004paeport.doc Attachments: A. Location Map B. Submitted Plans C. Resolution 3716 ATTACHMENT A LOCATION MAP r 622 I 656 -� ; 620 654 1411' 616 652 556 Z 616 550 554 ,L} " 614 649 LARMN SOdAR£ 552 J612 646 550 �a 'I V 60S 642 WELLS FQRGO BANK 54a o �6yd O 604 640 546 H J 502 TUSTIN THRIFT 544 ^ 60o ANO LOAN 542 l 540 575 m o n♦ m m n • 515 505 v ` K CENTENNIAL WAY L I I o $ 1 I F J F 450 i t Z n W LIJ E- 11 434-36 i1 I d \� I- d `~ In cc -16-18-20 1 TRACT p 436 _ LL 410-12-11 415 U - 11 • .` 360 11 I I a - I1 390 11 V 345 O 64-66I m m ~ n \ 11 1 3304 325 360-622 11 339-45 09I I m y ]02 Jly W 11 33I-37340 I I N ry 41 POST � I n 305 300 OFFICE 3255-29 NPREBLEDRIVE + W ✓ \ 1 6g Z U \ 340 �b1' 1b mn o I o A A ,; 298 264 ry no 29y 287 282 0 ^_- �- _ALLEY_ AA T 2187i 265 290 275 240 265 S_I .} I ♦ 240 a 23=1 ] 255 224 E 245 I � 7 275 o n ^ ❑ WATER n ERVICES ~� LL i / PROSPECT AVENUE t- 160 55 I. ATTACHMENT B SUBMITTED PLANS ORANGE COUNTY CONSTRUCTION & -MAINTENANCE - 275 CENTENNIAL,WAY, 4299 819 SQUARE FEET CUP 00-004 -Des -- uAl Z-1 4�ylq i3 i Aio' .64- _12 '?A . v '?A RT �....� ORANGE COUNTY CONSTRUCTION & MAINTENANCE 275 CENTENNIAL WAY, #219 819 SQUARE FEET CUP 00-004 Suite 205 Suite 207 Suite 204 Suite 208 Suite 203-A t CErTu' NjAL WAy Suite 203 Suite 209 Suite 209 �PREMIISES (Entry door to be relocated to - center as shown) o N o T_ A ?Art'r Suite 200 Rest- rooms Elevator u Exhibit "A" (copy from orig. Leas4 i ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 3716 1 RESOLUTION NO. 3716 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN APPROVING CONDITIONAL USE PERMIT 00-004 AUTHORIZING THE OPERATION OF AN 811 SQUARE FOOT 4 CONTRACTOR'S OFFICE AT 275 CENTENNIAL WAY#211. s The Planning Commission does hereby resolve as follows: 6 7 I. The Planning Commission finds and determines as follows: 8 A. That a proper application for Conditional Use Permit 00-004 was fled by Orange County Construction and Maintenance to request authorization to 9 operate an 811 square foot contractors office at 275 Centennial Way#211 10 more specifically described as Assessor's Parcel No. 401-601-09. 11 B. Pursuant to First Street Specific Plan (FSSP), contractor's offices are conditionally permitted within the Larwin Square Office Building. 12 13 C. That a public hearing was duly called, noticed and held on said application on February 28, 2000 by the Planning Commission. 14 1s D. That the establishment, maintenance and operation of the contractor's office will not, under the circumstances of this case, be detrimental to the 16 health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or 17 detrimental to the property and improvements in the neighborhood of the 18 subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 19 20 1) Conditionally permitting a contractors office within an existing building that was developed as and currently used for offices is 21 compatible with other existing uses in the vicinity, similar to permitted uses in the "Commercial as Primary" land use designation, and 22 consistent with the provisions within the "Office as Primary" land use 23 designation for contractors offices. 24 2) As conditioned, the proposed use will not be detrimental to health, 25 safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood in that: 26 The operations of the contractors office would be similar to 27 permitted office uses; 28 • Storage and delivery of all construction related materials would occur at off-site locations; 29 . No company owned vehicles or loading and unloading activities that could potentially impact the noise level in the area would occur a the project location; The property would be maintained in a sanitary condition and no • 1 Resolution No. 3716 2 Page 2 3 construction-related debris or trash would be deposited in the on- site trash bin; and, 4 . The hours of operation from 7:00 a.m. to 6:00 p.m Monday 5 through Friday would be compatible with the surrounding uses. 6 3) As conditioned, the proposed use would be compatible with uses in the surrounding area and would not be injurious or detrimental to 7 property or improvements in the vicinity or to the welfare of the City 8 in that the nature, operation and scale of the office,use is compatible with the surrounding commercial and office uses. 9 10 4) In 1999 a parking demand analysis was approved for the center, and the proposed use- would not result in an intensification of parking 11 demand. 12 E. The Commission finds that the proposed use will not impair the orderly and 13 harmonious development of the area, the present or future development therein, or the occupancy as a whole. 14 F. That this project is a'dategorically exempt pursuant to Section 15301 (Class 15 1) of the California Environmental Quality Act. 16 G. That the project has been reviewed for consistency with the Air Quality Sub- 17 Element of the City.of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. 18 - 19 II. The Planning Commission hereby approves Conditional Use Permit 00-004 to operate an 811 square foot contractor's office on .the property located at 275 20 Centennial Way, Suite #211, subject to the conditions contained in Exhibit A 21 attached hereto. 22 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 23 meeting on the 28th day of February, 2000. 24 25 STEPHEN V. KOZAK 26 Chairperson 27 ELIZABETH A. BINSACK 28 Planning Commission Secretary •29 STATE O.F CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN } I I Resolution No. 3716 • z Page 3 3 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that 4 Resolution No. 3716 was duly passed and adopted at a regular meeting of the Tustin 5 Planning Commission, held on the 28th day of February, 2000. 6 ELIZABETH A. BINSACK Planning Commission Secretary 8 9 10 11 ' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • r EXHIBIT A • CONDITIONAL USE PERMIT 00-004 CONDITIONS OF APPROVAL RESOLUTION NO. 3716 GENERAL ; (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped ,February 28, 2000 on file with the Community Development Department, except as,herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The. Director of Community Development may also approve minor modifications to plans during plan,check if such.modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified., the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to , review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become'null and void unless permits for tenant improvements,such as,the relocation of the door are issued within three. (3) months of the date of this Exhibit and substantial construction is. underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit.00-004 is'contingent.upon the applicant and property owner signing and returning -an "Agreement to Conditions Imposed"form as established by the Director of Community,Development. (1) 1.5 This Conditional Use Permit may be reviewed by the Director of Community Development within six (6) months after the date of this approval and at six (6) month intervals thereafter ,.or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. if the Director of Community Development determines that the method ' of operation is inconsistent with any of the.conditions of this approval or other applicable regulations, the applicant shall.upon notice'cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general°welfare. SOURCE CODES • (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY' *** EXCEPTIONS' Exhibit A Resolution No. 3716 (1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.7 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.8 The applicant shall be responsible for costs associated with any.necessary code enforcement action. USE RESTRICTIONS *`* 2.1 No storage, loading or unloading of building or construction materials is allowed inside the tenant space or in the common areas of the building or Larwin Square, including the walkways and parking areas. *** 2.2 No company owned or leased construction vehicles shall be parked in the parking lot of the building or Larwin Square, or on adjacent roadways. *** 2.3 No building or construction related materials shall be deposited in the on- site trash bin or anywhere on the property. The property shall be maintained in a safe, clean and sanitary condition - at all times. The applicant shall be responsible for daily collection of any trash or debris associated with the office use. *** 2.4 Hours of operation for the contractor's office shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless a modification is approved in writing by the Community Development Department. PLAN SUBMITTAL (1) 3.1 At plan check, submit four (4) sets of construction plans regarding the relocation of the door. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 3.2 Indicate on the title sheet of the plans that the plans shall comply with the 1997 Uniform Building Code, other related codes, City Ordinances, State and Federal laws and regulations. (4) 3.3 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. Exh • Resolution Resolution No. 3716 FEES (1)(5) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following.. Payment shall be required based upon :those rates in effect at the time,of payment and are subject to change. : A. Building plan check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 4.2 Within forty-eight-(48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the• City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. i i� I port to the Planning Commission � DATE: FEBRUARY 28, 2000- SUBJECT: CONDITIONAL USE PERM1T,99-012 AND DESIGN REVIEW 99-017 APPLICANT: SPRINT PCS 4683.CHABOT DRIVE, SUITE 900 PLEASANTON, CA 94588 PROPERTY OWNER: DAVID FRENCH SNAPPLE 15201 WOODLAWN AVENUE TUSTIN, CA 92780 LOCATION: 15201 WOODLAWN AVENUE ZONING: PACIFIC CENTER EAST SPECIFIC PLAN (TECHNOLOGY CENTER) r ' ENVIRONMENTAL 'STATUS: THIS. PROJECT-IS EXEMPT PURSUANT TO SECTION 1.5270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHICH STATES THAT CEQA DOES NOT APPLY TO PROJECTS REJECTED OR DISAPPROVED BY A PUBLIC AGENCY REQUEST: AUTHORIZATION TO CONSTRUCT A MAJOR WIRELESS COMMUNICATION FACILITY RECOMMENDATION That the Planning Commission continue this item to the March 13, 2000 meeting as requested by the applicant. BACKGROUND The applicant is requesting approval to establish, a major wireless communications facility for the company's cellular communication network. The proposed facility is comprised of a monopole sixty (60) feet in height and related equipment located on-the west side-of the an existing single story building adjacent to the A.T. & S.F railroad right-of-way. :' The applicant is requesting a continuance to allow additional time to provide technical information for the proposed major wireless communication facility. Since this item-was: continued from' February 14 to February 28, staff will publish :a new notice in the Tustin Weekly, send out new notices to the public, and post the site for the March 13 meeting. Lo •A. Luck LP Karen Peterson JI Associate Planner Senior Planner s:pcxepticup99-012cont.doc #4 OpaI port to the ' UST-10 . Planning Commission DATE: FEBRUARY 28, 2000 SUBJECT: CITY COUNCIL ACTION AGENDA, FEBRUARY 22, 2000 PRESENTATION: ELIZABETH A. BINSACK; DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT, ATTACHMENT: CITY COUNCIL, ACTION AGENDA FEBRUARY 22, 2000 a ACTION AGENDA CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2000 7:03 P.M. CALL TO ORDER GIVEN INVOCATION - Mr. AI Enderie GIVEN PLEDGE OF ALLEGIANCE SALTARELLI ROLL CALL ABSENT WORLEY: REQUESTED ADJOURNMENT IN MEMORY OF JAMES . SHUMAR, A TUSTIN TEENAGER KILLED IN AN AUTOMOBILE ACCIDENT. PRESENTED PROCLAMATION - (1) Orange County Spikers, and (2) Police Officer Paul Carvo and Canine Ajax Retirement PRESENTED PRESENTATION - State of the Tustin Pride, Kathy Windsor NONE PUBLIC INPUT NONE PUBLIC HEARING - None CONSENT CALENDAR ( ITEMS 1 THROUGH 10 ) APPROVED 1. APPROVAL OF MINUTES -- FEBRUARY 7, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of •February 7, 2000. APPROVED 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,991,803.64 and ratify Payroll ' in the amount of $973,021.68. APPROVED 3. CANINE SALES AGREEMENT Recommendation: Approve the Sales Agreement between the City and Officer Paul Carvo releasing the City of responsibility and/or liability concerning Police Canine Ajax as recommended by the Police Department. 0 Action Agenda —City Council February 22, 2000 — Page 1 _ ADOPTED 4. RESOLUTION NO. 00.12 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 00-12 AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF TUSTIN AND THE • STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL Recommendation: Adopt Resolution No. 00-12 to authorize the training of Tustin Motorcycle Officers at the California Highway Patrol Academy in Sacramento as recommended by the Police Department. RATIFIED 5. PLANNING COMMISSION ACTION AGENDA FEBRUARY 14, 2000 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of February 14, 2000. ADOPTED . 6. RESOLUTION NO. 00-13 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF.THE CITY OF TUSTIN, CALIFORNIA, NO. 00-13 APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR STREET • REHABILITATION FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM Recommendation: Adopt Resolution No. 00-13 requesting the Orange County Transportation Authority include the City of Tustin's projects in the 2000- 2001/2002-2003 Arterial Highway Rehabilitation Program as recommended by the Public Works Department/Engineering Division. . APPROVED 7. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION SURVEY SERVICES FOR THE RECONSTRUCTION OF PASADENA AVENUE FROM THE MAIN STREET CUL-DE-SAC TO THE FIRST STREET CUL- DE-SAC (CIP NO. 7157) AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE AVENUE (CIP NO. 7158) Recommendation: Approve the Consultant Services Agreement with Willdan Associates to provide construction survey services related to the Reconstruction of Pasadena Avenue from the Main Street cul-de-sac to the First Street cul-de-sac (CIP No. 7157) and Second. Street from Pasadena Avenue to Myrtle Avenue (CIP No. 7158) for a not-to-exceed fee of Action. Agenda — City Council February 22, 2000-- Page 2 $11,847.00 and authorize execution of the Consultant Services Agreement by the Mayor and City Clerk subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. APPROVED 8. CONSULTANT SERVICES AGREEMENT TO PROVIDE INTERIM WATER DIVISION MANAGEMENT Recommendation: Approve the .Consultant Services Agreement with ASL Consulting Engineers, a subsidiary of Tetra Tech, Inc., to provide an interim Water Division Manager for the Water Division at an hourly rate of $100 an hour (not to exceed 100 hours a month), and .authorize execution of the Consultant Services Agreement by the Mayor and City Clerk subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. ADOPTED 9. RESOLUTION NO. 00-7 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 00-7 REQUESTING THE . ORANGE COUNTY TRANSPORTATION AUTHORITY TO RELEASE A PORTION OF THE COMBINED TRANSPORTATION PROGRAM FUNDS FOR THE JAMBOREE ROAD/EDINGER .AVENUE INTERCHANGE AS A PART OF THE MOULTON PARKWAY SMART STREET PROJECT • (PROJECT NO. 7154) Recommendation: Request the Orange County Transportation Authority release - an additional reimbursement of $1,259,394.00 from the Combined Transportation Program Funds for the Jamboree Road/Edinger Avenue Interchange Project by adopting Resolution No. 00-7 as recommended by the Public Works Department/Engineering Division. APPROVED 10. AWARD OF CONTRACT FOR THE RECONSTRUCTION OF PASADENA AVENUE FROM THE MAIN STREET CUL-DE- SAC TO THE FIRST STREET CUL-DE-SAC (CIP NO. 7157) AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE AVENUE (CIP NO. 7158) Recommendation: Declare Groundwater Remediation's bid non-responsive and award the construction contract for the Reconstruction of Pasadena Avenue and Second Street to Topline Construction, the second low bidder, in the amount of $313,592.25 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. Action Agenda —City Council February 22, 2000 — Page 3 REGULAR BUSINESS ( ITEMS 11 THROUGH 13 ) RESOLUTION 11. SUPPORT FOR PROPOSITION 12 N 0,00-4 NOT ADOPTED Proposition 12, the Safe Neighborhoods Parks, Clean (2-2 VOTE) Water, Clean Air and Coastal Protection Bond Act of 2000, seeks authorization for the sale of $2.1 billion in bonds by the State of California to fund park projects. Recommendation: Adopt the following Resolution No. 00-4 supporting Proposition 12 as recommended by the Parks and Recreation Department: RESOLUTION NO. 00-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 APPROVED STAFF 12. 1999.2000 MID-YEAR BUDGET REVIEW RECOMMENDATION A review of the City's first six months of operation under the adopted 1999.2000 fiscal year budget and projected revenues and expenditures through year end indicate that all operating funds are in balance and, where applicable, reserve requirements will.be met. Recommendation: 1. Approve amended General Fund Appropriations for fiscal year• 1999-2000 of $33,067,052 as recommended by the City Manager to include: a. Authorization to transfer $2.0 million from the projected Unappropriated Reserves of the General Fund to the Capital Improvement Fund to accumulate reserves for the proposed Seven Year Capital Improvement Program. b. Authorization to transfer $700,000 from the projected Unappropriated Fund Balance of the General Fund to the Park Development Fund. Action Agenda — City Council February 22, 2000 — Page 4 APPROVED 3/6 13. FIRE SERVICES PRESENTATION ON DOYLE'S Councilmember Doyle has requestedthis matter be ALTERNATE.FIRE agendized for City Council discussion. • SERVICE PLAN Recommendation: Pleasure of the City Council. NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS POTTS: COMMENTED ON DEATH OF JAMES SHUMAR, NOTED HIS i SERVICE TO THE COMMUNITY, AND SENT- CONDOLENCES TO ' THE SHUMAR .AND PRESCOTT FAMILIES.- WORLEY: REPORTED THAT FIRE ANTS WERE NOT EVIDENT IN TUSTIN', - HOWEVER, RESIDENTS COULD CONTACT VECTOR , CONTROL REGARDING EXTERMINATION INSTRUCTIONS. ANNOUNCED CLOSED SESSION - The City Council shall•convene in closed session to confer with its labor negotiator, William A. Huston, City Manager, regarding unrepresented employees. . 8:08 P.M. ADJOURNMENT The next regular meeting of the City IN MEMORY OF Council is scheduled for Monday, March 6, 2000, at 7:00 JAMES SHUMAR p.m. in the Council Chamber at 300 Centennial Way. r 4 Action Agenda—City Council February 22', 2000— Page 5 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT-AGENCY FEBRUARY 22, 2000 5:08 P.M. CALL TO ORDER SALTARELLI ROLL CALL ABSENT REGULAR BUSINESS ( ITEMS 1 THROUGH 3 ) APPROVED 1. APPROVAL OF MINUTES — FEBRUARY 7, 2000 REGULAR MEETING Recommendation: Approve,the Redevelopment Agency Minutes of February 7, 2000. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of • $89,251'.19. CONTINUED 3. SECOND FIVE-YEAR IMPLEMENTATION PLAN FOR THE TO 3/6 MEETING TOWN CENTER AND SOUTH/CENTRAL REDEVELOPMENT PROJECT AREAS Staff requests a continuance for consideration of the Second ' Five-Year Implementation Plan for the Town Center and South/Central Redevelopment Project Areas (FY 2000-2001 to 2004-2005). Recommendation: Continue this item to the March 6, 2000 meeting of the Tustin Community Redevelopment Agency as recommended by Redevelopment staff. NONE OTHER BUSINESS NONE CLOSED SESSION None ,a 8:08 P.M. ADJOURNMENT The next regular;; meeting of the Redevelopment Agency is scheduled for Monday, March 6, 2000, at 7:00 p.m. in tie Council Chamber at 300 Centennial Way. 1, ,I Action Agenda— Redevelopment Agency February 22, 2000—Page I