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Home My WebLink About01-24-00 PC PACKET AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 24, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Kozak ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima and Pontious PUBLIC CONCERNS: (Limited 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 FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 578-3106. 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.) CONSENT CALENDAR: - 1 o Minutes of the December 13 1999 Planning Commission Meeting. Planning Commission Agenda January 24, 2000 Page 2 - PUBLIC HEARINGS: 2. Conditional Use Permit 99-099 a request to establish a 50 student pre-school. The project is located at 1111 EI Camino Real within the Neighborhood Commercial (C-1)zoning district. ` APPLICANT/ PROPERTY OWNER: DON FRIZZEL ADVENTURES IN LEARNING Recommendation That the 'Planning Commission' adopt- Resolution No. 3710, approving_ Conditional Use Permit 99-019. Presentation:Bradley Evanson, Assistant-Planner 3. , Conditional Use `Permit 99-021 a request to operate a contractors office in an existing building. The .project is located at 505 W. First Street within the first Street Specific Plan Office Use Designation zoning district. APPLICANT: L.J.'HAUSNER CONSTRUCTION COMPANY • PROPERTY " OWNERS: CARL AND'MOZELLE WOOD CARL WOOD REALTY Recommendation That' the ,Planning Commission adopt Resolution No. 3711 approving Conditional Use Permit 99-021. Presentation:Minoo Ashabi, Assistant Planner REGULAR BUSINESS , No Regular Business = STAFF CONCERNS: -- 4. Report on Actions taken at-the January 17, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development Planning Commission Agenda 4 January 24, 2000 ' Page 3 5:' Summary of Projects The summary focuses on the status of projects that the Planning Commission, Zoning,Administrator, or Community..Development Director approved, major tenant improvement projects, and other items of interest. Presentation: Karen Peterson COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on February 14, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. .r j, a ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 13, 1999' CALL TO ORDER: 6:58 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kawashima ROLL CALL: Chairperson Kozak,..Bell, Davert, Kawashima and Pontious Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious Absent: None Staff: Elizabeth A. Binsack, Director of Community Development Karen:Peterson, Senior Planner i Lori Ludi, Associate Planner _ Doug Anderson, Senior Project Manager-Traffic Kathy Martin, Recording Secretary PUBLIC CONCERNS: No Public Concerns were expressed. CONSENT CALENDAR: 1. Minutes of the November 22, 1999 Planning Commission Meeting. Commissioner Davert moved Commissioner Pontious seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 99-014 a request to amend the development standards for the Tustin Village 11 Planned Community under Conditional..Use Permit 63-149 to include a definition, development standards- and design, review, criteria for accessory structures. The project is located,west of Tustin Village Way,-north of Alliance Avenue, south"of the 1-5 Freeway and east of Williams Street within the Planned Community (PC) zoning district. • " s Planning Commission Minutes December 13, 1999 Page 2 APPLICANT/ PROPERTY OWNER: TUSTIN VILLAGE I[-HOMEOWNERS ASSOC. Recommendation That the Planning Commission continue Conditional Use Permit 99-014 to the January 24, 2000 Planning Commission meeting. Lori Ludi presented the subject report: The Public Hearing opened at 7:00 p.m. Chairperson Kozak -asked if continuing the hearing to January 24' would provide sufficient time. The Director responded that staff would be able to meet the first week of January but may, renotice the hearingif the matter is continued again next time. She further noted that a notice was sent to the'property owners to let them know about the continuance. The Public Hearing closed at 7:01 p.m. • Commissioner Davert moved Commissioner Pontious seconded_ , to continue the pubic hearing to the January 24, 2000 Planning Commission meeting. Motion carried 5-0. 3. Design Review 99-032 a request to remodel and expand the Home Depot garden center and construct a screen wall adjacent to the existing loading dock. The project is located at 2732 EI Camino Real in the Planned Community - Mixed Use (PC-MU) zoning district within the East Tustin Specific Plan (ETSP). APPLICANT: HOME DEPOT PROPERTY OWNERS: IRVINE RETAIL PROPERTIES C/O: DONAHUE SCHRIBER Recommendation That the Planning Commission; adopt Resolution .No. 3709 approving Design Review 99.032. - Lori Ludi•presented the subject report. . i The public hearing opened at 7:02 p.m. Ms. Ludi noted changes made to the parking summary figures. Planning Commission Minutes December 13, 1999 Page 3 Chairperson Kozak asked the applicant if he wished to address commission. The applicant replied negatively. Chairperson Kozak asked- if the existing landscaping would remain at the north facing elevation`with,the installation of the new wall. Lori Ludi stated that the existing landscaping would remain and the bnly added. ground coverage area would be on the northwest corner near the new_gate. Chairperson Kozak stated that the project is good and one that he can support. Commissioner Kawashima -noted that 'he looked -at, the site this morning and asked if there would be any foreseeable problem with rain and the corrugated ceiling being extended. The Director not that these plans do- not address that level of specificity, and the? Commission may want to have the architect`address that issue. James Arthur, architect for applicant, responded that they would be doing whatever is necessary to avert any incidence of cascading. Chairperson Kozak asked if it might -be necessary to include a 'condition against the storage of materials protruding above the screenwall. Karen Peterson stated that she believed the car wash building would provide a buffer between El Camino Real and the rear of the site. a The Director stated that a condition could be added under the use restrictions prohibiting the storage of materials from extending above the screenwall. Chairperson KozaW'stated that the materials are not merchandise and are unsightly. The Director stated the specific plan regulates storage but a,condition may still be added. Commissioner Pontious asked if the condition would be for the entire area or just that ' particular portion. The Director stated that it would include the entire garden area. James Arthur, architect for the applicant, stated that the store manager should be keeping the screenwall clear of materials but he was. unable to finish the project by Thursday as planned. The public hearing closed at 7:11 p.m. I + r Planning Commission Minutes December 13, 1999 Page 4 Commissioner Davert moved Commissioner Bell seconded, to approve Design Review 99-032 by adopting Resolution No. 3709 amended as follows: Condition 5.1 .figures changed as follows: ; Phase 1 Total Required Parking changed to 1,948 Phase 1 Total Provided Parking changed.to 9,848 Phase I (Deficient) changed to 100 spaces Tustin Market Place Total Required-Parking changed to 3,906 Tustin Market Place Total Provided Parking.changeo to 4,147 Tustin Market.Place (Excess) changed to 241 spaces Condition 5.2 added to read "Storage of materials within the garden area shall not extend above the height-of the screenwall." Motion carried 5-0. 4. General Plan Conformity, Determination, a request to determine that the proposed location for potential elementary school for the Tustin Unified School District is in conformance with the Tustin General Plan. The project is located at the northeast corner of Township Drive and Rawlings Way' within .the Planned • Community Residential (Pcr), Potential Elementary School (ES) zoning district. 'APPLICANT: BOWIE, ARNESON, WILES & GIANNONE -(REPRESENTING THE TUSTIN UNIFIED SCHOOL DISTRICT) PROPERTY OWNERS: IRVINE COMMUNITY DEVELOPMENT COMPANY Recommendation That the Planning Commission adopt Resolution No: 3708 determining that the proposed Rawlings Way ElementarySchool is in conformance with the Tustin General-Plan. The public hearing opened at 7:12 p.m. , Lori.Ludi presented the subject report. The public hearing closed at 7:14 p..m. Commissioner Davert. moved Commissioner Pontious seconded, to adopt Resolution No. 3708 'determining that the proposed Rawlings Way Elementary School is in conformance with the Tustin General Plan. Motion carried 5-0. Planning Commission Minutes December 13, 1999 , Page.5 REGULAR BUSINESS No Regular Business STAFF CONCERNS: 5. Report on Actions taken at the December 6, 1999 City Council Meeting i Elizabeth A. Binsack, Director of Community Development.reported on the subject agenda. COMM ISSION*CONCERNS: Commissioner Bell` Noted that the school board meeting .was being telecast- on Monday night rather than the City Council meeting. The Director stated that 'there have been complaints in the past and all issues will be addressed when the franchise agreement is reviewed. = Stated 'that the City did a great job .on the tree lighting ceremony and wished everyone a happy holiday. Commissioner Davert Noted that the Christmas lights around the City look great. Noted that there is traffic congestion at the Marketplace. Stated that the tree lighting ceremony was great except for the dust from the vacant'lots and he encouraged the property owners to develop the lots. Noted that there was a film crew at the youth center. Y Asked if there was a..code that prevented the parking of trailers on streets because they are dangerous and hard to see around. Wished everyone a happy holiday and new year. Commissioner Pontious Wished everyone a happy holiday and hoped that New Year's eve at City Hall is uneventful. ' I Planning Commission Minutes December 13, 1999 Page 6 Commissioner Kawashima Stated that he appreciated the tour of the base that staff provided for he and Commissioner Bell. Asked if the Bourbon Street restaurant was repainted and questioned the color that was used. The Director responded that staff will be contacting the restaurant with those concerns. Noted that Home Depot is the top producing store.in the Marketplace and it would be nice to retain'tenants like that. The Director noted that the store has improved pedestrian flow on the site recently. Mentioned an article he read in the LA Times about the use of compact spaces being reconsidered with the number of sport utility vehicles on the roads. The Director noted that Tustin is one of the few cities that allows compact parking and further stated that compact spaces typically do not work because small cars do not always park in the compact spaces. She stated that if the City attempted to change this policy it would make many developments.in the City non-conforming but staff is looking at addressing the issue when the zoning code is updated. Chairperson Kozak - Thanked staff fora good year and all their work in moving projects forward. - Wished everyone a Merry Christmas and Happy New Year. ADJOURNMENT: Commissioner Pontious moved Commissioner Belt seconded, to adjourn the meeting at 7:27 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on January 10, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. i = - N ITEM #2 . eeport to the T Ug•Tt Planning Commission , DATE: JANUARY 24, 2000 SUBJECT:. CONDITIONAL USE PERMIT 99-019 APPLICANTI PROPERTY OWNER: DON FRIZZEL ADVENTURES IN LEARNING 157 SOUTHMALENA DRIVE ORANGE, CA 92869 LOCATION: 1111. EL CAMINO REAL ZONING: NEIGHBORHOOD COMMERCIAL(C-1) ENVIRONMENTAL . STATUS: THIS PROJECT IS , _CATEGORICALLY EXEMPT PURSUANT TO SECTION ,15301, CLASS 1 ' OF- THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A { REQUEST: AUTHORIZATION TO ESTABLISH A 50 'STUDENT PRE- SCHOOL AT 1111 EL CAMINO REAL- . •, RECOMMENDATION That the Planning Commission-adopt Resolution No. 3710, 'approving, Conditional-Use Permit 99-019. BACKGROUND The applicant is requesting approval to establish a preschool for.children ages 2 to 6 years old in an existing 4,820 square foot building at 1111 EI Camino Real. Proposed hours of operation would,be from 6:30 a.m.. to 6:00'p.m. The property is currently improved with a medical office building. The property is surrounded_ by Tustin High School to the east, a veterinary office and carwash to the south, a commercial center to -- the west, and multi-family residential to the north (see AttachmentA-�Locatior'Map). ,The establishment of a nursery school/preschool is authorized by Section 9232ba) of Tustin . City,Code with the approval of a Conditional Use Permit. I Planning Commission Report Conditional Use Permit 99-019 January 24, 2000 Page 2 DISCUSSION Project Proposal The proposed pre-school would accommodate fifty (50) students and would employ six (6) staff members. The project site is approximately 22,000 square feet in size, and is improved with an existing 4,820 square foot building. Approximately 3,800 square feet of building space would be utilized for classroom functions, 500 square feet would be used for offices, and the remainder would be utilized for restrooms, storage, and other such appurtenant functions (Attachment B - Submitted Plans). The site has been landscaped in accordance with the previous medical office use, and includes parking lot trees and planter islands, planter islands along the building frontage on EI Camino Real, and numerous street trees along EI Camino Real. There is also a 3,779 square foot outdoor play area in the southwest corner of the site, landscaped with trees and turf. In accordance with the Community Care Licensing requirements for seventy-five(75)square feet of outdoor play area per child, this area is adequate for the proposed fifty (50) children. Condition No. 2.1 of Resolution No. 3710 (Attachment C) would require any proposed increase in the. enrollment level to comply with the outdoor play area requirements of Community Care Licensing and with the parking requirements stated within the Tustin City Code discussed below. Site Plan Vehicular Circulation 4 Vehicles are proposed to circulate clockwise through the parking lot; the site plan includes a vehicle entrance on Orange Street at the southern most drive aisle and an exit at the northern drive aisle. Cohdition No. 3.4 requires installation of "Entrance Only and Exit Only" signs to regulate traffic circulation. The parking stalls along the southern drive aisle are designated as drop-off and pick-up stalls only. If parents wish to,park and enter the building, they would be required to park in the stalls along the northern drive' aisle. Condition No. 3.4 requires installation of signs which designate the southern parking stalls as loading and unloading only. The City's Traffic Engineer has determined that the proposed circulation plan is sufficient for the proposed use, however, Condition 2.3 requires the applicant to prepare a traffic or parking demand analysis if circulation or parking problems arise in the future. Parking Requirements Section 9232(b) 0) of the Tustin City Code requires one (1) parking space for each staff • member and one (1) loading space for each eight (8) children, or a total of twelve (12) spaces for fifty students and six staff members. There are a total of twenty-four (24) existing parking stalls, including one (1) handicapped stall and one (1) van-accessible stall, served by two (2) drive aisles.- The applicant proposes to designate the six (6)-non- Planning Commission Report Conditional Use Permit 99-019 January 24,2000 Page 3 y handicapped stalls along the drive aisle closest to the building (southern) as loadinglunloading spaces. The applicant has designated six (6) of the stalls along the northernmost boundary of the property to be used by staff, leaving a,total of twelve (12) stalls for general use. To avoid off-site-traffic or parking conflicts, the following parking restrictions are included in Condition 2.4: •' No parking in adjacent lots at Tustin High School; • Parents who need to leave the car must park in the stalls furthest from the building; • The parking,stalls along the southern drive aisle are for loading and unloading only; and, No line-up or parking along the curb on:Orange Street or.El Camino-Real is permitted. Condition No. 2.4`also.requires-the applicant to have:parents sign an acknowledgement of the parkingrestrictions. ; Perimeter Wall. The .play area is currently surrounded by a six- (6) foot high solid block wall along. its , northern and western boundaries, and a six foot five inch (6' 5"),wrought iron fence along its southern and eastern boundaries. The applicant wishes to use existing walls.,and fencing to enclose.the play area along the southern and western sides of the property. Tustin City Code Section 9232 (b) (j) requires outdoor'play areas to be screened from- surrounding properties by a 6'8" hi._h solid wall or fence. The Community Development Department anticipates.modifying,this requirement in�,conjunction with the-Zoning Code update to provide greater flexibility in fence heights since Community Care Licensing requires a minimum four-foot fence ,height. Condition 3.6 requires compliance with the current development standards for play area fencing, but would allow the applicant to submit bonds to ensure compliance with the Code requirements pending the outcome of any Zoning Code update. Norse Noise may be generated from the outdoor playground area and may affect the adjacent residential uses. Therefore, Condition No. 2.3 is-included to require the applicant to prepare a.noise analysis and implement mitigation measures if a noise problem exists as a result of the school. ANALYSIS In determining whether to approve the Conditional Use Permit,'the Planning Commission must determine whether or not the proposed pre-school 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 propertyior improvements in the vicinity or to the welfare of the City.' I, _ Planning Commission Report • Conditional Use Permit 99-019 January 24,2000 Page 4 A decision to approve this request maybe supported by the following findings: 1) As,conditioned,the proposed use would not be detrimental to nor have a negative effect on surrounding property owners in that the.preschool will provide adequate- student load inglunloading areas and staff parking;and the number of students and staff allowed at any time.would-be limited by the total number of parking spaces and outdoor play area provided for the site. 2) As conditioned, the proposed circulation would not be: detrimentai' to the surrounding properties in that the property shall:have a one-way traffic circulation at the front of the property with signs to be installed indicating "Entrance Only" and "Exit Only" and that the-applicant shall enforce parking restrictions to avoid.off-site parking and traffic conflicts. Should there be insufficient parking or internal/external traffic conflicts, the applicant would be required to prepare a parking demand analysis or traffic study and implement mitigation measures. 3) As conditioned,;the use.is compatible with and. may support existing uses in the surrounding neighborhood. • . . • B J., nson - � - Karen.Peterson , Assist nt Pi'arnSenior Planner PCRepoAslBBCupNo9 9pereportdoc Attachments: A- Location Map B - Submitted Plans C -Resolution No. 3710 ATTACHMENT A LOCATION MAP • 6 1 _ ------------------ LOCATION LOCATI0N MAP I PRo-A G LT S f Lo( A"T 1 a N i 1332!!5 Nvnr NYS 3 ' l v i3780 1332.'1.5 1nwwm - n n n o@ m o o O N • � O M N -1]921 W Q z 0 o O 138]1 N E,() W T. 13882 x 1331nS Y11NOB m � o _ N 6 13922 0 D m a � x - 1P-- _ _ coaso -- 14002c a o N: + -51 SIL AS �4EwpY JACK IN THE BOX , NO SCALE _.__. ATTACHMENT B SUBMITTED PLANS - � w °` `• 61 mcw cls 44 p� muw. emrwch.mert I lk"0 .^0 I .A O •I l.I `.'lr WLnyl.v •Ip wl i 1 Q r 1 ��e hoimw:nlaw�•n? rrt.•.! iL• Clot i.a I RM1�rr. - 1 ��..�.� �O O IIIb YHV). l�Tl J� �1 I � �1 e=[r�nJ�= VF-. vl r1'su+.rl " Y 1 1'�r n• e, li F ` "au WCi•Phllrl.+ l � �'-tiv- !fr /r'. re _ iTi4 J ...r.I 't/- .�, rM A�yiti.�l.w`.I ..... •ryl ODOI.N OYAOYA $ ,�p+�I y e,. eu z j11,�s ;• wrs y.a-,� - �) ._ Q Imo_ \J � d26� '�� AITEDATA ' % �I.L�i.T•w04'9�mP1'w war"aw'v7-��. uxl wsnsx. >�.n � � - •. • rrxwonourarmn� - J Ila . 17N B4PCH ' • . - rM.rJ.H.� rr�.•INRL ' -....• iu rllllT9 -..{SYIMGY iINEEf I i r ♦'l�IK6• rOY■i -- neE t![rTf - rWrawua ~ �l.RU h Ktl.�b�':3: O6iN.n �r ncen I fl --_ _.II3s �••• wf lr — ,13.hrNlplHt �..i"nrr.� r Ill.. �� rq�am•4TNxl � I •�.-•'•` � i sw �i'1k •aar■GI - 'I . .Ire pritfil __ -- � C — �-- 5 r..r — _�_— aWMWYflni.w.�wv.(nMW4} ■ � ■ i� • 61REET .. YwnurEc.a I '� ,w,,,va � NuHIHIp1IN H �♦ n r ■ ■ .. 1 GOlYpOa my ? ; lir-salm. �- ■ ■, ■• A. j a..aw'n- N 'vrwr N ' • - •• Y,1rCn um �••�• •• r1aYYpi•Y _ � q.YYYial �-__ � _ I � '_'•yr 1 r ATTACHMENT C RESOLUTION NO. 3710 r 1 RESOLUTION NO. 3710 2 A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE. CITY OF' TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 99-019 ESTABLISHING A 4 NURSERY SCHOOL IN AN EXISTING BUILDING 5 LOCATED AT 111.1. EL CAMINO REAL. 6 The Planning Commission of the City of Tustin does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: s A. That a proper application for a Conditional Use Permit was filed by Mr. 9 Donald Frizzell to establish a 50-student nursery school•in an existing 10 building at 111.1 EI Camino Real, more specifically described as Assessor's Parcel No. 500-151-19. I1 " B. That the proposed use is allowed within the Retail Commercial (Cl) zoning 12 district with the approval of a Conditional Use Permit pursuant to Tustin City 13 Code Section 9232(b)Q). ' 14 C. That a public hearing was duly called, noticed and held on said application 15 on January 24, 2000 by the Planning Commission. 16 D. That the establishment maintenance and operation of the use a lied for p pP will not, under the circumstances of this case, be detrimental to the health, 17 safety, morals, comfort, or :general welfare of the persons residing or 18 working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the 19 subject property, or to the general welfare of the City of Tustin, as. 20 evidenced by the following findings: 21 1) As conditioned, the proposed use would not be detrimental'to nor have a'negative effect on surrounding property owners.in that the 2z nursery school will provide adequate student loadinglunloading 23 areas and staff, parking, and the. number of.students and staff ' allowed at any time would be limited by the total number of parking 24 spaces and outdoor play area provided for the site. 25 2) As conditioned,the proposed circulation would not be detrimental to 26 the surrounding properties in that the property shall have a one-way traffic circulation at the front of the property with signs to be installed 27 indicating"Entrance Only"and "Exit Only"and that the applicant shall 28 enforce parking restrictions to avoid off-site parking and traffic conflicts. Should there be insufficient-parking or internal/external ' 29 traffic conflicts, the applicant would be required to prepare a parking • demand analysis or traffic study and implement mitigation measures. • '1 3} As conditioned, the use is compatible with and may support existing 2 uses in the surrounding neighborhood. 3 E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of _4 the California Environmental Quality Act. F. Thatthe project has been reviewed for consistencywith the Air Quality Sub- 6 element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. 7 8 fl. The Planning Commission hereby approves Conditional Use Permit 99-019 to allow the establishment of a 50-student nursery school in an existing building 9 located at 111.1 El Camino Real, subject to the conditions contained in Exhibit-A, 10 attached hereto. 11 PASSED-AND ADOPTED by the Plan ning.Commission.of the City of Tustin,- at a regular meeting on the 24th day of January,2000. 12 13 STEPHEN V. KOZAK., 14 Chairman • 15 f 16 ELIZABETH BINSACK Planning Commission Secretary 17 18 STATE OF CALIFORNIA ) - 19 COUNTY OF ORANGE ) 20 CITY OF TUSTIN } 21 I, Elizabeth Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California;that Resolution No. 22 3710 was duly passed and adopted at a regular meeting of the Tustin Planning 23 Commission,held on the 24th day of January,2000. 24 29 26 , Elizabeth Binsack •27 Planning Commission Secretary 2s 29 I EXHIBITA CONDITIONAL USE PERMIT 99-019 CONDITIONS OF APPROVAL RESOLUTION NO. 3710 GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped January 24, 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 the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with 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 the use is established within twelve (12) months of the date of this Exhibit. Time • extensions may •be granted if a written request is received by the Community Development Department prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-019 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 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 of this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS (7) PC/CC POLICY (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS • ExhibitA Conditional Use Permit 99-019 Resolution No.3710 Page 2 ,USE'RESTRICTIONS ` (4) 2.1 A- total of 50 students are- authorized~by CUP 99-019. The maximum number of occupants in the preschool shall be limited by the total number of parking spaces provided and outdoor play area required by Community .. Care Licensing on site based upon the following ratios: Parking: 1 parking space for each staff,member, plus 1 loading space for each eight children Outdoor Play Area: Seventy-five (75) square feet, of outdoor play area per child 'Prior to' an increase in , enrollment, the applicant shall request an amendment, subject to review avid approval of the Director of Community "Development'. *** 2.2 Prior to submittal of plans into plancheck,written verificationfrom the State • Department of Social Services Community Care Licensing,Division stating that the outdoor play area provided at°1111 EI' Camino Real meets their standards for outdoor play area per-child"shall be submitted. (4) 2.1- If in the future the City_-is,advised that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the school, the Director of Community Development may require the applicant to prepare a.parking , demand analysis,traff=ic-study, or:noise analysis. If-said study indicates that there is inadequate parking or a traffic or noise•problem; the applicant shall be,required to provide mitigation measures to be reviewed and approved by the Community Development Director. Said mitigation may include, but are not limited to, the following: a. Adjusting`hours ofoperation;'. b. Securing off-site parking from adjacent property owners; and, C. Limiting student enrollment. r (4) 2.4 The applicant shallbe responsible for ensuring that clients observe .the following parking and circulation restrictions: • No parking in adjacent lots at Tustin High School shall be permitted; • Parents who need to leave the car shall park in the stalls furthest from the building; >rxhibitA _ - Conditional Use Permit 99-019 Resolution No.3710 Page 3 The parking stalls on the row in front of the building are for loading and unloading only; and . • No-line-up or parking along the curb on Orange Street or EI Camino Real is permitted. Within:ten (10) days of enrollment,the applicant shall provide�thie City with a statement signed by each parent which indicates acknowledgment of these parking and circulation restrictions._ (4) 2.5. An adult staff member shall be present and ensure parking and circulation compliance during peak drop-off and pick-up periods. (4) 2.6 Any graffiti occurring on the property shall be removed within 72 hours of a complaint being.-transmitted by the .City to the property owner. Failure to maintain said structure and adjacent facilities would be grounds for City enforcement of its Property Maintenance Ordinance,. including nuisance abatement procedu'res. .PLAN SUBMITTAL _ •' (3) . 3.1 Prior to occupancy of the building as a pre-school/day care -facility, the applicant shall submit tenant improvement plans to the Community Development Department to verify that the building meets all applicable occupancy standards within the Uniform Building Code(s).. The building's use, occupant.ioad, and occupancy class and a note confirming compliance with.Uniform Building Code (UBC) Chapter 3, Chapter 10, and the minimum, egress requirements in Table 10-A 'shall be included on the plans. Additionally, the tenant improvement plans submitted into plan check shall indicate that restroom(s) are accessible to persons with disabilities as per State of California Accessibility Standards, (Title 24), plumbing fixture units are required-to comply with the UBC Appendix Chapter 29, as per type of Group occupancy,or as approved by the Building Official. (3) 3.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: • 1997 Uniform Building Code (UBC)with California Amendments • 1997 Uniform Mechanical(UMC) and Uniform Plumbing (UPC) Codes . with California Amendments 1996 National Electrical Code with California Amendments • Exhibit A Conditional Use Permit 99-019 Resolution No.3710 Page 4 (5) 3.3 At the time of building permit application, the plans shall comply with the 1997 Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (4) 3.4 The southern driveway shall be marked with signage and/or striping designating it as "Entry Only';' and the northern driveway shall be similarly designated as "Exit Only". The parking stalls along the southern drive aisle shall be marked with signage and/or striping designating them as "Loading and Unloading" spaces only. Prior to installation, plans and sign details shall be submitted for review and approval by the Community Development and Public Works Department. (1) 3.5 A note shall be included on the plans stating that "Vehicle parking, the primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountains and public telephones shall be accessible to. persons with disabilities." (4) 3.6 The applicant shall install new walls or fencing or modify the existing walls i and fences to comply with Tustin City Code (TCC) Section 9232(B)(j)(8) which requires a six foot eight inch (6' 8") solid fence or wall around the perimeter of the outdoor play area or"the applicant may submit bonds to the Community Development Department to ensure that the existing fences and walls surrounding the outdoor play area are brought into compliance pending the outcome'of any zoning code amendment that may modify the fence height requirements. The City shall prepare a code amendment to be considered by the Planning Commission.and City Council within twelve (12) months'of the date of this exhibit. (3) 3.7 Parking for disabled persons shall be provided with an additional 5 foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.8 Prior to issuance of a Certificate of Occupancy, written approval of the project from the State Fire Marshal, State Health Department and Orange County Fire Authority shall be submitted to the Community. Development Department ExhibitA Conditional Use Permit 99-019 Resolution No.3710 Page 5 FIRE (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access - roads less than thirty-six (36) feet in width. The pians shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved,by the Fire Chief. (5) 4.2 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved plans. The approved documents shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. (5) 4.3 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the Orange County Fire Authority at 714.744.0403 for a copy of the Fire Safety/Architectural Notes to be placed on the plans prior to submittal. (5) 4.4. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Prior to the issuance of a certificate of.use and occupancy, the fire alarm system shall be fully operational. FEES (1)(5) 5.1 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. . a ExhibitA Conditional Use Permit 99-019 Resolution No.3710 Page 6 (1) 5.2 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. e.eport' 'to the ST, Planning Commission DATE: JANUARY 24, 2000 SUBJECT: CONDITIONAL USE PERMIT 99-021 APPLICANT: L.J. HAUSNER-CONSTRUCTION COMPANY •10462 STRAND TERRACE SANTA ANA, CA 92705 PROPERTY OWNERS- CARL AND MOZELLE WOOD CARL WOOD REALTY 14431 VERA STREET TUSTIN,CA 92780 LOCATION: 505 W. FIRST STREET ZONING: • FIRST STREET SPECIFIC PLAN . (OFFICE USE DESIGNATION) 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 BUILDING LOCATED AT 505 W. FIRST STREET. RECOMMENDATION That the Planning Commission adopt-Resolution No., 3711 approving Conditional Use Permit 99-021. BACKGROUND The applicant °is requesting authorization,to continue operation of•a contractor's .office in an existing building located at 505 W. First Street(see Location Map). The ' site is within the First Street Specific Pian (FSSP), Office as Primary Use designation. The proposed use is allowed subject to approval of a conditional use permit. The contractor's office has .been,.in, operation-for several months without approval of a conditional use permit or obtaining building permits. Planning Commission Report • CUP 99-021 January 24, 2000 ' Page 2 Project Description: The proposed use occupies a commercial building 2,128 square feet in area (Attachment B Site Plan and Floor Plan). Surrounding uses include commercial uses to the east, west and south, and residential uses,to the north. The site is . separated from the residential properties to the north by a concrete block wall 6 feet and 8 inches inoheight. Office Operation The proposed contractor's-office has been in operation for several months. The office contains a show room, a conference room and four offices. The business operates with three (3) staff members in the office,and two off-site sales persons that visit the office once a week. According to the applicant, this location operates as an office use only 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 9:00 a.m. to 5:00 p.m. Condition Numbers 2.1, 2.2 and 2.3 of Resolution 3711 (Attachment C) are included to ensure that the proposed office is used as:office use only. Parking and Access The contractor's office building at 505 W. First Street is located adjacent to'a 1,568 square foot commercial building on the- east at 501 W. First Street which is, occupied by salon'. The two adjacent parcels at 501 and 505 W. First Street are accessed through a,reciprocal access and parking agreement from Mountain View Drive on the east by a twenty-three(23) foot wide driveway and a one way drive on the southwestern corner of the property. On January 22, 1996, an easemerit_for reciprocal parking and access between the two properties located at 501 and 505 ,W. First Street was recorded as required by the. City to qualify, for a parking- reduction bonus. The easement holds both .parcels as one parcel and.restricts. independent sale of the two parcels. Subsequently_on March 11, 1996 a site.-plan for re-striping and installation of the accessible parking stalls was approved. The site plan was approved with a 20 percent parking reduction (3.74rparking-spaces from the required 18.7 spaces for office and retail commercial uses). Therefore, the existing fifteen (15) parking spaces provided for the salon and the proposed contractor's office conform with the parking requirements of the First-Street Specific Plan: Signage The proposed contractor's office currently has three (3) signs. None of these signs were installed with the benefit of a building permit or approval of the Community Planning Commission Report . CUP 99-021 January 24, 2000 Page 3 Development.The two wall-mounted signs facing east and,west are constructed on a plastic sheet that appears temporary. The cabinet sign installed on,the southerly elevation-facing First Street also does not comply with requirements of the Tustin Sign Code. Wall mounted signs are limited to a maximum of 15 percent of the storefront area for the purpose of business identification only. In accordance with section 9403h(1)(d) of the Sign Code, supplementary signage related to service information is to be considered subordinate and no more than twenty-five (25) percent of the total allowable sign area: Staff requested that the business owner remove these signs in a letter on November 15, 1999. However,the signs have not been revised or removed. Condition 1.8 would require the'app[icant to remove existing signs and obtain approval and permit for future signs in conformance with the Sign Code. ANALYSIS First Street.is a major commercial corridor and listed uses along First Street range from office use to commercial, and •restaurant uses 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) 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; and, Planning Commission Report CUP 99-021 January 24, 2000 Page 4 •. 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. The hours of operation from 9:00 a.m. to 5:00 p.m. Monday through Friday are, compatible with the surrounding uses. The property is separated from the residential uses on the north by a 6 foot and 8 inches concrete block wall that would mitigate any potential noise from the parking area. 2) As conditioned, the proposed use is compatible with uses in the surrounding area and will 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 residential and commercial uses. 3) In 1996, the project was granted a twenty (20) percent parking bonus reduction and therefore in compliance with the parking requirements for office use of the site. Minoo Ashabi Karen Peterson Assistant Planner Senior Planner Ma:paeporticup99-021. Attachments: A. Location Map B. Site/Floor Plans C. Resolution 3711 { ATTACHMENT A Location Map i L \ MYRTLE AVENUE�:3 661 A-B-C 51 T 17241 f r 621 17291 { t r— 519 u V 4 N U U C O 51$ 17321 505 � 501 m o m o m o w o w 17341 - ^� MOUNTAIN NEW DRIVE �e • 114 � 17371 ZH m-4 17401 m 17100 m m 17411a ord z .15 15 \,`•'f\. -••A\ \ DOSZ a tl 17421 'A•STREETm H - - 17461 rl, 17152 17462 17491 'S c TZ nT 315 17502 1750: ]15 305 17542 175 ' Z 301 a o m a a o o m o Q 'B' STREETcn - I I N u u 215 11 an rn rr•.n D II r m A'T'TACHMENT B Site/Floor Plans 7AC0 • ASI,'M1IG�B Al.G�3c IJ41 , qr-of �f q�-OI _ BLOv ''''77�� >< m E'lear�l C�e.aa , 2 Oz.s+ 5fY-x•63 - 1 p lj7YBc'.y P AROVIPE :Pi r�M�- 7 ' ' '� ..y Im .e 9'!�s>1�.t1119 ,00Fc� 2 FSr+.Ea-1; uI �, �Ir '� `ly'• 'r Tolnl: li/Ypr+1Y. CO •S''rrCc I .�•. �AB1ArY. 1•'� si� �,,j..a_.;,...'. C(�.,' 11� i�r ,1` ,�.-;,.7.n_.ip1. 1`°`_n 1_ COLORS: YhSTUCCO!.MM Lt'/,• :p AW14ING: Comet 9. I•,`' I.r..3 113nLfL'CeJdi A+�cIFJ3�A'D�� ,tA !J pa(�e) 'JYi ��:��2 �Ij A"o I Imo' WUIPows:L.x CA. \,\` \�� °...Awa�� VR n...,.fll F6e :fN•+).)i � iS' SFL�s€G. 43 TII. \'\ .'Sa oLiN"STT .FG�AE/7 LIGHT ZSV- L_ Qr.rX ^M1,>E ` Aal�y f PI PrSrtn W'o=��( LrFS:E l...f "nA,vor4A,c3 \ \ - ler.: _ _. "" jam:G.rSf i�••p':S�v IY ��. ZONING: ` \ r.!•,�r..,,ee It,..� _ 9, 14 'a— ye ' FIPST ST.SPECIFIC PLAN S •.\ i3E. • L "�'•5'�('L PLANNING AREA SA COMPI! S%IS71NC.\\ ei�l ic3y+ll i) TA• e I,. ''( ... 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T-YKI f Rug 29 99 07: 53a Maready 1 :3 1 U I 5 1 J- 1 SWJ N . z I F i Lim Room ' - - - r� � bi LL i `� I Ow ' dM j •' �� j �I ' ,19M I i ATTACHMENT C Resolution 3711 RESOLUTION NO. 3711 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TU TIN' APPROVING CONDITIONAL USE PERMIT 99-021, 4 AUTHORIZING OPERATION OF A 2,128 SQUARE FOOT 5 CONTRACTOR'S OFFICE AT' 5g5 W, FIRST STREET. 6 The Planning Commission does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: 8 A. That a proper application for Conditional Use Permit 9 L.J. Hausner to request authorization to operate 10 contractor's office at 505 W. First Street more spew Assessor's Parcel No. 4011-521-13. B. Pursuant to First Street Specific Plan (FSSP), col 12 conditionally permitted in the Office as Primary Use de 13 C. That a public hearing was duly called, noticed and he.- 14 on January 24, 2000 by the Planning Commission. 15 Di. That the establishment, maintenance and operation of the contractor's 16 office will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 17 working in the neighborhood of such proposed use, nor be injurious or 18 detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as 19 evidenced by the following findings: 20 As conditioned, the proposed use will not be detrimental to health, 21 safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood in that: 22 23 # The operations, of the contractor's office would be similar to permitted office uses; 24 * Storage and delivery of all construction related materials would occur at off-site locations; 25 o No company owned vehicles or loading and unloading activities 26 that could potentially impact the noise level in the area would occur a the project location; and,, 27 # The property would be maintained in a sanitary condition and no 28 construction-related debris or trash will be deposited in the on- site trash bin. 29 0 The hours of operation are proposed from 9:00 a.m. to 5:00 pm Monday through Friday, compatible with the surrounding uses. * The property is separated from the residential uses on the north by a 6 foot and 8 inches concrete block wall that would mitigate any potential noise from, the parking area. I Resolution No. 3711 2 age 2 3 4 2} As conditioned, the proposed use is compatible with uses in the $ surrounding area and will not be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in-that the 6 nature, operation and scale of the office use is compatible with the surrounding residential and commercial uses. 7 8 E. The Commission finds that the proposed use will not impair the orderly and harmonious development of .the.area, the present or future development 9 'therein, or the occupancy as a whole. 10 F. That this project is a categorically exempt pursuant to Section 15309 (Class 11 1) of the California Environmental Quality Act. 12 G. That the project has been reviewed for consistency with the Air Quality Sub- 13 Element of the City of Tustin General Plan and has been determined to be consistentwith the Air Quality Sub-Element. 14 II. The Planning Commission hereby approves Conditional Use Permit 99-021 to. 15 operate a 2,128 square foot contractor's office on the property located at 505 W. • 16 First Street subject to the conditions contained in Exhibit A attached hereto. 17 18 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of January, 2000. 19 20 STEPHEN V. KOZAK 21 Chairperson 22 ELIZABETH A. BINSACK 23 Planning Commission Secretary 24 STATE OF CALIFORNIA } COUNTY OF ORANGE } 25 CITY OF.TUST[N } 26 I, ELIZABETH A. BINSACK, the.,undersigned, hereby certify that I am the Planning 27 Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 37'11 was duly passed and adopted at a regular meeting of the Tustin zs Planning Commission, held on the 24th day of January, 2000. 29 r ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 99-021 CONDITIONS OF APPROVAL RESOLUTION NO. 3711 GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 24, 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 if such modifications are consistentwith the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.3 Approval of Conditional Use.Permit 99-021 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. (�) 1.4 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) 1.5 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 CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS f Exhibit A Resolution No. 3711 January 24, 2000 Page 2 (1} 1.6 As determined by a.City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of$100.00 for each violation and each day the violation exists. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. *** 1.8 The applicant shall remove the three (3) existing wail mounted signs within twenty-one (21) days of approval of Conditional Use Permit 99-021. The applicant shall obtain all necessary approvals and permits from the Community Development Department prior to installation. USE RESTRICTIONS *** 2.1 No storage of building or construction materials is allowed inside the tenant space or in the common areas of the building including the walkways and parking areas. *** 2.2 No loading and unloading of building or construction materials is allowed on-site. **** 2.3 No company owned construction vehicles shall be parked in the parking lot or adjacent roadways. r *** 2.4 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. * 2.5 Hours of operation for the contractor's office shall be limited to Monday through Friday 9:00 a.m. to 5:00 p.m. unless a modification is approved in writing by the Community Development Department. FEES (1) 3.1 Within forty-eight(48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check Exhibit A • Resolution No. 3711 January 24, 2000 Page 3 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. r Y i i .. i ITEM #4 eeport to the sz�� Planning Commission - DATE: JANUARY 24, 2000 SUBJECT: CITY COUNCIL ACTION AGENDA, JANUARY 17,-2000 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCIL ACTION AGENDA-JANUARY 1 7, 2000 I. f ACTION AGENDA -CITY COUNCIL REGULAR, MEETING JANUARY 17, 2000 JOINT. MEETING - At 5:30 p.m. in the Community Center, the City Council will conduct ,a joint meeting with the Audit Committee. This joint meeting is open to the public. 7:06 P.M. CALL TO ORDER GIVEN INVOCATION - Mr. Steve Garrison GIVEN PLEDGE OF ALLEGIANCE ALL PRESENT ROLL CALL PRESENTED PROCLAMATION - (1) Assessment and Treatment Services Center Silver Jubilee, and. (2) Tustin Jr. Midget Cobras Football,Team PUBLIC INPUT ANTHONY TRUJILLO: COMPLAINED THAT PROTECTED/PERMISSIVE TRAFFIC DEVICES WERE NOT VISIBLE AT NIGHT AND COMMENTED ON OCTA MEASURE M FIXED RAIL SYSTEM. E.H. WINCHESTER: SPOKE IN OPPOSITION TO NAME "TUSTIN LEGACY'.' AND, COMPLAINED-ABOUT INCREASED WATER BILL. NONE PUBLIC HEARING - None J CONSENT CALENDAR ( ITEMS 1 THROUGH 14 ) APPROVED 1. APPROVAL OF MINUTES -- JANUARY 3, 2000 REGULAR MEETING Recommendation: Approve the City :Council Minutes of January'3, 2000. APPROVED 2. APPROVAL OF DEMANDS AND 'RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $314,377:12 and ratify Payroll in the amount of $398,257.22. Action Agenda—City Council January 17, 2000— Page 1 _ RECEIVED 3. YEAR 2000 REPORT AND FILED Recommendation: Receive and file subject report as recommended by the Finance and Community Development Departments. ADOPTED 4, RESOLUTION NO. 00-1 —A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 00-1 MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTI N Recommendation: Adopt Resolution No. 00-1 modifying the Appendix (Designated Positions) contained' in the City's Conflict of Interest Code to add the positions of Principal Planner and Audit Committee Member as recommended by the City Clerk's Department. APPROVED 5. SELECTION OF OUTSIDE AUDITORS FOR THE FIVE YEAR PERIOD BEGINNING JUNE 30, 2000 Recommendation: Authorize the Finance Director to execute an agreement with Diehl, Evans and Company, LLP, for annual audit services beginning with the fiscal year ending June 30, 2000 through fiscal year ending June 30, 2004 as recommended by the Finance Department. RECEIVED 6. QUARTERLY INVESTMENT REPORT AND FILED In compliance with Government Code Section 53646, the Investment Report for the quarter ending December 31, 1999, is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. APPROVED 7. AWARD OF CONTRACT FOR THE ANNUAL MAJOR MAINTENANCE PROGRAM FY 1999-2000 (CIP NO. 7001) Recommendation: Award the Annual Major Maintenance Program FY 1999-2000 contract to Sequel Contractors, Inc. as lowest responsive bidder in the amount of $528,168.31 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. -- APPROVED 8. AWARD OF CONTRACT FOR TRAFFIC SIGNAL UPGRADE AT FIRST STREET AND PROSPECT AVENUE (CIP NO. 4058) _ • Recommendation: Award the construction contract for Action Agenda— City Council January 17, 2000-- Page 2, _ the Traffic Signal Upgrade at First Street/Prospect Avenue (CIP No. 4058) to Inspection Engineering Construction of Costa Mesa, California, in the amount of $90,000.00, 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. APPROVED 9. RELEASE OF TRAFFIC SIGNAL BOND FOR TRACT 14410 (EL DORADO) Recommendation: Release Bond No. 419831S in the amount of $50,000.00 for a traffic signal at Pioneer Road/Peters Canyon Road as recommended by the Public Works Department/Engineering Division. APPROVED 10. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15427 (BAYWOOD) Recommendation: Authorize release of Monumentation Bond No. B98-114372 in the amount of $8,500.00 for Tract No. 15427 as recommended by the Public Works Department/Engineering Division. APPROVED 11. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 15474 (BAYWOOD) Recommendation: Authorize release of Monumentation Bond No. B98-114312 in the amount of$10,000.00 for Tract No. 15474 as recommended by the Public Works Department/Engineering Division. ADOPTED 12. RESOLUTION NO. 00-6 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 00-6 AUTHORIZING DESTRUCTION OF CERTAIN RECORDS. Recommendation: Adopt Resolution No. 00-6 allowing for the destruction of. applications and testing materials for recruitments which have been closed for over two years as recommended by Personnel Services. APPROVED 13. AWARD OF CONTRACT -FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 1999-2000 _ (PROJECT NO. 402-6235) Recommendation: Award the Annual Sidewalk and Curb and Gutter Repair Project FY 1999-2000 contract to Med Tox Incorporated in the amount of $158,129.76 -- 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 January 17, 2000— Page 3 ADOPTED 14.*RESOLUTION NO. 00.5 --A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, - NO. 00-5 APPROVING FINAL PARCEL MAP 99-197 TO COMBINE • -TWO LOTS LOCATED.AT 13922-RED HILL AVENUE AND 1542 EL' CAMINO REAL INTO ONE LOT FOR'- THE PURPOSE OF DEVELOPING A 3,322 SQUARE FOOT FAST FOOD RESTAURANT (APPLICANT: CONSOLIDATED RESTAURANTS OF CALIFORNIA, INC.) Recommendation: Adopt Resolution No. 00-5 approving Final Parcel Map 99-197 subject to the' conditions of approval identified in Exhibit A of Resolution No. 00-5 to the satisfaction of the- Community Development and Public Works Departments and the City Attorney prior to recordation as recommended by the Community Development Department. REGULAR BUSINESS { ITEMS, -15 THROUGH 18 ). ADOPTED 15. ORDINANCE NO. 1225, BOARDING HOUSES ORDINANCE NO. 3.225 `Ordinance No. 1225 had first reading by title only`'and introduction at the January 3, '2000 - City Council meeting., Recommendation by the City Clerk's Office: 1. Have second reading by title only of Ordinance` No. 1225. 2. With a roll call vote, adopt the, following Ordinance No." -225: ORDINANCE NO. -1225 AN ORDINANCE OF THE CITY _ COUNCIL OF. THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 99- 001 AMENDING TUSTIN CITY CODE SECTIONS 9228x3, 9226b3, and 9297, AND ADDING SECTION 9228b5 RELATED TO BOARDING-HOUSES ADOPTED 16. ORDINANCE N0..1227, COUNCIL COMPENSATION' ORDINANCE • N0. 1227 - Ordinance No. 1227 had first reading by title only and (4=1 JP OP) introduction at the January 3, ;'2000 City Council meeting. Recommendation by the•City Clerk's ,Office: Action Agenda— City Council January 17., 2000-- Page 4 1. Have second reading by title only of Ordinance No. 1227, 2. With a roll call vote, adopt the following Ordinance • No. 1227: ORDINANCE NO. 1227 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A SALARY ADJUSTMENT FOR MEMBERS OF THE CITY COUNCIL TO BE OPERATIVE UPON THE START OF NEW TERMS OF OFFICE IN NOVEMBER 2000 INTRODUCED 17. ORDINANCE NO. 1226 - FLOODPLAIN MANAGEMENT ORDINANCE NO. 1226 The City of Tustin is a participant in the National Flood Insurance Program (NFIP). Cities or counties who participate in the NF1P are required to adopt local floodplain management regulations which are in conformance with the national model ordinance. Recommendation: Have first reading by title only and introduction of the following Ordinance No. 1226 as recommended by the Community Development Department: ORDINANCE NO. 1226 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9, CHAPTER 8 OF THE TUSTIN CITY CODE RELATED TO FLOODPLAIN .MANAGEMENT TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM APPROVED 18. SAFE AND HEALTHY COMMUNITIES INITIATIVE — SUPPORTING (MEASURE F) MEASURE F (3-2 MD TS OP) On January 3, 2000, it was by consensus of the City Council to agendize the Safe and Healthy Communities Initiative (Measure F)' for discussion and to limit the public testimony to one (1) hour. r The City Council has decided to limit the total public comment time on this item to one hour. Persons in support of the item will collectively have 30 minutes to speak and those in opposition to the item will collectively have 30 minutes to speak. Each speaker will have three minutes. Speakers are urged not to repeat what others Action Agenda — City Council January 17, 2000— Page 5 have -stated and. to select one spokesperson if the speakers are part of an organization'. . These, limitation's I re necessary in order to insure that the City Council is • able to conduct an orderly meeting and hear all the items on the agenda. Recommendation by. the Community Development Department: (1) Open the ,meeting to accept public comments and limit testimony from those in favor and _opposed to the Measure to one-half hour each for a maximum of one hour; and (2) Pleasure of the City Council. , NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS POTTS: EXPRESSED DISTRUST OF THE COUNTY- AND THE .CEO BECAUSE OF THEIR FAILURE TO PROVIDE REQUESTED INFORMATION TO THE PUBLIC '.REGARDING THE AIRPORT, ANNOUNCED .'CLOSED SESSION - The City Council_shall convene in closed session to confer with the City Attorney regarding pending litigation to which the. City is a party: ' Louise Hall v. City of • Tustin, The. Irvine Company, and McDonald's; . Case No. 809382. 10:12 P.M. ADJOURNMENT - The -next regular meeting of the City Councills scheduled far Monday, February 7, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. L I • Ir A' Action Agenda—City.Council January 17, 2000-- Page 6 I' � 1 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY - JANUARY 17, 2000. 10:12 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED 1. APPROVAL OF MINUTES -- JANUARY 3, 2000 REGULAR MEETI-NG Recommendation: Approve the Redevelopment Agency Minutes of January 3, 2000. CONTINUED TO . 2. -PUBLIC'HEARING: SECOND FIVE-YEAR. 2/7 MEETING IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH/CENTRAL REDEVELOPMENT PROJECT AREAS Staff 'is requesting a continuance for consideration of the Second Five-Year l.rnpiementation Plan for the Town , Center and South/Central Redevelopment Project Areas. Recommendation: Continue this item to the February 7, 2000 meeting -of the Tustin Community Redevelopment Agency as recommended by Redevelopment staff. NONE OTHER BUSINESS NONE CLOSED SESSION - None 10:12 P.M. ADJOURNMENT The next. regular 'meeting of the Redevelopment Agency is scheduled for Monday, February 71 2000, at. 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda—Redevelopment Agency January 17, 2000—Page 1 i ; i N ITEM #5 ' fi V O�" MATE: I n fe r-.0 o m JANUARY 24, 2000 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: SUMMARY OF PROJECTS- Staff has compiled the following list of'projects and activities for your information. The list focuses on the status of projects that- the Planning Commission, Zoning Administrator, or Community . Development Director approved, major tenant, improvement projects, and other-items of interest. Zoning Administrator Actions. • Assigned/Shared Parking (14151 Newport Avenue): On December 20, 1999, 'the Zoning Administrator approved assigned and shared parking for an existing office building. A total of six, spaces- were assigned for the • chiropractor and three were assigned for Farmer's Insurance. The remaining parking will be shared among the other tenants. • Tacayo Grill (13041 Newport Avenue): A new restaurant is locating in the former Pan de Monde, restaurant space" at Plaza Lafayette. On January 17, 2000, the Zoning Administrator approved Conditional Use Permit 99-033 for on-site consumption of beer and wine. OC Public Services (Harvard and-Edinger): On November 15, 1999, the Zoning Administrator approved TUPI CUP 99-025 allowing temp orary°storage of quarry rock at this site until April 1, 2000. Temporary Use Permits • Bally's Grand Opening: Bally's opened on January 3, 2000 and intends to hold an outdoor"grand opening" event soon.' Maior Projects in Plan Check or Under-Construction. - • Veterinary Hospital (2955 Edinger): CUP 98-028 was ,approved by the Planning Commission on January 5, 1999 and is currently under construction. Wendy's Restaurant) Pole Sign (13922 Red.Hill Ave): CUP 99-002 (A) & (B) was approved on August 9, 1999, by the Planning Commission and is`in plan check. The applicant expects to begin grading this month. The City Project Summary January 24, 2000 Page 2 - Council approved the Final Parcel Map on January, 17, 2000, which will allow the applicant to- obtain, building permits once the map is recorded with'the County Clerk-Recorder. • -Old Navy (2895 EI Camino Real): Construction of the new storefront was approved on June 28, 1999 by the Planning Commission (DR 99-018). -.Construction is underway. • Jersey Business.Center (2741 Walnut): A new two story, 35,000 square foot office'building was approved by the Planning Commission on November 1, 1999 (DR�99-022); • Single Family Residence Reconstruction (145 A Street): Reconstruction'of a fire-damaged historic residence was approved on July 27,1.999 by the Community Development'Director(DR 99-025). Reconstruction is underway.. Recently Completed/Finaled Projects • Richmond American (Jamboree, Tustin Ranch Road, Portola): All of the 162 units in this tract have been.issued certificates of occupancy. The project • will be complete pending acceptance of landscaping in the public right-of-way. • Arnold Surfas'(145 1st, Street): Design approved for an extensive exterior and interior remodel by the Community Development Director on March 10, 1999 (DR 98-030). The new facility opened in December 1999.- _ • Shell Gas Station (13891 Red Hill Avenue): ,A remodel of the Shell gas station was finaled (CUP'96-0120). • Bally. Fitness (630 EI Camino Real): This project was finalized with, a temporary certificate of occupancy. By February 5, 2000, Bally's must provide plans showing how they are going.to screen the roof equipment. • Residence Demolition/Reconstruction (465 6th Street): ' Demolition and- reconstruction of a California Bungalow style residence in Old Town was approved on June 7, 1999, by the Community Development Director.(DR 99- 004). • Warmington (Sixth Street): The first ten,units of a total of thirty-eight units on Ambrose lane in Old Town Tustin have received certificates of occupancy. Project Summary January 24, 2.000 • Page 3 MCAF-Tustin Reuse/Redevelopment • Final Environmental- impact StatementlEnvironmental Impact Report (EiS1EIR) for the Disposal .and Reuse of MCAS Tustin: This document was circulated for a45-day public review period on December 22, 1999. Comments will be accepted, from December 23, 1999 through January 24, 2000. Miscellaneous • Bourbon Street (14131 Red Hill Avenue): The exterior was repainted from- green to-off-white. ks:currentplanninglpcprojectsummary r r I