The URL can be used to link to this page

Home My WebLink About09-13-99 PC PACKET AGENDA _ TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 13, 1999 CALL TO ORDER: 7:00-p.rb., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Bell 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). f ' 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) 673-31.06. CONSENTCALENDAR: . (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILLBE 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 September 13, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the Auqust 23, 1999 Planning Commission Meeting. PUBLIC HEARINGS: 2. Conditional Use Permit 99-018 and Design_ Review 99-029 a request to increase the enrollment and modify the hours of an existing preschool and install a temporary-modular structure for preschool classroom use. The project is located at 2111 Bryan Avenue, and is addressed by a previously certified El (85-2) for the East Tustin Specific Plan. APPLICANTI: PROPERTY CONGREGATION B'NAI ISRAEL OWNERS: ATTN: SCOTT NATHAN, PRESIDENT Recommendation That the Planning Commission adopt Resolution No. 3689 approving Conditional Use Permit 99-018 and Design Review 99-029. Presentation: Lori Ludi, Associate Planner 3. Variance 99-003 a request to construct a five (5) foot high wrought iron fence within the front yard setback along Main Street and within the public right-of-way along California Street. APPLICANT: KENT SUTCLIFF PROPERTY . OWNERS: PATRICIAAND ROBERT FERRERA Recommendation That the Planning Commission adopt Resolution No. 3688 approving Variance 99-003. Presentation: Minoo Ashabi,Assistant Planner Planning Commission Agenda September 13, 1999 Page 3 STAFF CONCERNS: 4. Status Report Presentation: Karen Peterson, Acting Senior Planner 5. Report on Actions taken at the September 7, 1 999 City Council Meetings Presentation: Elizabeth A. Binsack, Director of Community.Development COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on September 27, .1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 23, 9999 6:O0 p.m. MCAS, Tustin and Redevelopment Agency Update -- presented by Christine Shingleton CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Davert ROLL CALL: Chairperson Kozak, Bell, Davert, 'Kawashima and Pontious Commissioners: Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious i . Absent. None Staff: Elizabeth A. Binsack, Director of Community: Development , Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Douglas Anderson, Senior Project Manager-Traffic Justina Willkom, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: No public concerns were addressed. CONSENT CALENDAR: 1. Minutes of the Au ust 9 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded, to approve the minutes. Motion carried 5-0. PUBLIC HEARINGS: 2. Above Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. Planning Commission Minutes August 23, 1999 Page 2 - These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:03 p.m. Justina Willkom presented the subject report and noted corrections to the resolution. John Higgins, 2342 Caper Tree Drive, noted that the boxes Cox Communications put in front of his house interfere with watering and mowing his lawn. He suggested that the guidelines be retroactive to installations done without a permit. - The Director stated that the guidelines could apply to applicants or utility providers who did not receive appropriate encroachment permits but she noted that because an encroachment permit was not received does not mean they would not be approved as proposed. She noted that people enjoy the benefit of utility services but few want to have their properties encumbered by.the improvements. She noted that with respect to the height of the improvements, the front yard would allow a 3 foot high fence so staff is proposing that there be no improvements higher than 3 feet; the rear and side yards could be 6 feet 8 inches high. She noted that most of the proposals do not exceed 5 feet so it would be in keeping with the level of fence height in front, side and rear areas. John Higgins, noted his concern with the front yard height as they would block holiday displays and be dangerous to children riding their bikes on the sidewalk. The Director noted that staff could meet with Mr. Higgins and talk about the site specific locations where he believes there will be a problem. Kim Barone Scherer, Southern California Edison (SCE), complimented staff, thanked the Planning Commission and stated that the additional cost to underground utility boxes would be passed onto customers and requested an exemption under their franchise agreement. Commissioner Pontious asked Ms. Scherer about other city ordinances that she referenced. Kim Barone Scherer, SCE, stated that the ordinances related to street cuts and trenching. Chairperson Kozak asked Ms. Scherer if there were.no above ground cabinet guidelines in other SCE service areas. Planning Commission Minutes August 23, 1999 Page 3 Kim Barone Scherer, SCE, stated that she is not aware of any but there may be one or two and she believes other cities are looking at the issue currently. . John Stratman, Jr., Pacific Bell, thanked staff for their time and stated that all franchises should be exempt, the guidelines create more red tape, and their cabinets can not be placed underground. The Public Hearing closed at 7:29 p.m. Commissioner Pontious asked the City Attorney if it would be legal to exempt the utility providers, Lois Bobak, Deputy City Attorney, stated that the City Attorney has looked at the guidelines and there is no basis for exclusion. The Director noted that the current City code requires all utilities be undergrounded and the guidelines grant relief by providing clear cut criteria for encroachment permits which are discretionary. iCommissioner Davert stated his approval of the ordinance and asked if the guidelines could be modified later if necessary. The Director responded that the Commission could modify the guidelines. Commissioner Pontious asked if .the comprehensive notebook that John. Stratman mentioned could be included in the guidelines as a master plan. The Director responded affirmatively that the utility's notebook could be included as part of a master plan. Chairperson Kozak confirmed that would apply to any utility. Lois Bobak, Deputy City Attorney, stated that the utilities should not be lead to believe that if they place their standard box on any given site they will get an automatic approval for an encroachment permit. , Commissioner Pontious moved Commissioner Davert seconded, to adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213 amended as follows: Ordinance No. 1213, page 3, last paragraph "Section 7263" is to be omitted and • replaced with "the Above Ground Cabinet Design Guidelines". Motion carried 5-0. Planning Commission Minutes August 23, 1999 Page 4 REGULAR BUSINESS 3. Alcoholic Beverage Sales Establishment Guidelines In March 1999, the Planning Commission. requested that the existing "Alcoholic Beverage Sales Establishment Guidelines" be revised. The Commission noted that the guidelines may not address the types of establishments that have recently become popular and that business owners would benefit from updated guidelines that clearly summarize the City's policies on the .establishments that serve alcoholic beverages. RECOMMENDATION That the Planning Commission adopt Resolution No. 3687 approving the revised guidelines. Lori Ludi, Associate Planner presented the subject report and noted minor revisions made by the City Attorney. Commissioner Davert stated that staff did a great job on the guidelines and they would be helpful in the future. Commissioner Pontious stated that staff did an excellent job and noted that the guidelines are broad enough to be encompassing. Chairperson Kozak commented that the guidelines were very clear and would be helpful to applicants, the Planning Commission and the City Council. Commissioner Kawashima noted that the guidelines will bring the City up to speed with the changes.in the industry. Commissioner Davert moved. Commissioner Pontious seconded, to adopt Resolution No. 3687 approving the revised guidelines as amended. Motion carried 5-0. STAFF CONCERNS: ,4. Report on Actions taken at the August 16 1999 City Council Meetings Presentation: Elizabeth A. Binsack, Director of Community Development Noted that the Planning Official's Forum was going to be on October 7, 1999 and encouraged all the Commissioners to attend. Planning Commission Minutes August 23, 1999 Page 5 . COMMISSION CONCERNS: Commissioner Bell Stated her pleasure with the passing of the above ground cabinet guidelines and noted her concern that all homeowners were not being notified in the past. Commissioner Davert - Noted that the Burger King restaurant is open and work Lias started on the car wash. He asked staff to notify the Planning Commission of-any major revisions to the resolution that was approved for the car wash. The Director noted that the applicant is working on a phasing plan and will be constructing the retail operation first followed by the car wash. Commissioner Pontious Stated that if the retail portion of the car wash operation is not developed, • the car wash operation should be reversed as originally requested by staff. The Director stated that if there were any major changes to the approved resolution, a public hearing would be scheduled. Commissioner Davert - . Noted that there is an article about Elizabeth Binsack in this ,month's Orange County American Planning Association newsletter. Commissioner Kawashima Noted that the public address system at the Tustin Auto Center has been quite loud recently. Karen Peterson noted that a letter would be sent to the Auto Center Association. - Asked about the status of the EZ Lube project. The Director responded that the project is currently in playa check. Chairperson Kozak - Thanked staff for the presentation given by Christine Shingleton and noted the Tustin Legacy was going to be a great project. Planning Commission Minutes August 23,, 1999 Page 6 - - Noted, his concern about- panhandling at the Fourth Street exit on the northbound 55 freeway. Noted his concern about flower vendors on the Jamboree median by the Market Place. ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 7:52 p.m: Motion carried 5-0. _ r _ A regular meeting of the Planning Commission will be' held on September 13, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 5 ITEM #2 Y V 4Feport to the Planning Commission DATE: SEPTEMBER 13, 1999 SUBJECT: CONDITIONAL USE PERMIT 9. 9-018 DESIGN REVIEW 99-029" APPLICANT: CONGREGATION B'NAI ISRAEL 21.11 BRYAN AVENUE TUSTIN,CALIFORNIA 92780 ATTN: SCOTT NATHAN, PRESIDENT PROPERTY OWNER: CONGREGATION B'NAI ISRAEL 2111 BRYAN AVENUE TUSTIN, CA 92780 LOCATION: 2111 BRYAN AVENUE ZONING: COMMUNITY FACILITY—EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL , STATUS: THIS PROJECT 1S ADDRESSED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN: NO ADDITIONAL DOCUMENTATION IS REQUIRED. REQUEST: TO INCREASE THE ENROLLMENT AND MODIFY THE HOURS OF AN EXISTING PRESCHOOL AND INSTALL A TEMPORARY MODULAR STRUCTURE FOR PRESCHOOL CLASSROOM USE. RECOMMENDATION That the Planning Commission adopt Resolution No. 3689 approving Conditional Use Permit 99-018 and Design Review 99-029. BACKGROUND Two phases ,of the master plan for the -development of the religious' temple and educational facility have been constructed at 2111 Bryan (See Location Map-Attachment A). Phase I was completed in late 1992 and included the construction of 10,969 square. feet including a multi-purpose room, offices and classrooms. Phase 11 was completed in Planning Commission Report CUP 99-018&DR 99-029 September 13, 1999 Page 2 July and included the construction of 11,408 square feet including a sanctuary with 350 fixed seats, offices, classrooms and a retail/gift shop. In accordance with the Master Plan, Phase III of the master plan could include the construction of 13,382 square feet with additional classrooms. Previous approvals are shown below: Case# Project Description Date Approved Design Review 90-23 Authorized a conceptual master plan for a May 13, 1991 Conditional Use Permit 91-002 templeleducationalfacility,construction of Phase August 26, 1991 1 facilities and operation of a preschool for a maximum of 64 children during the hours of 8.30 a.m.to 3:30 p.m. Conditional Use Permit 92-044 Amended DR 90-23 and CUP 91-002 to allow a November23, 1992 25' reduction in the rear setback. The original • design included a 65-foot rear setback between the structure and the rear property line. CUP 92- 044 reduced the setback to 40 feet. Design Review 97-026 Authorized the construction of Phase 11 Pebruary23, 1998 construction of the master plan. A total of 135 parking spaces were required to accommodate peak demand. Site and Surrounding Properties The site is located at the northwest corner of Bryan Avenue and Parkcenter Lane within the East Tustin Specific Plan area. The 2.8-acre site is bordered primarily by residential uses on the north, south, east and west. In addition, an Edison Company substation is located adjacent to the western property line and an Orange County.Flood Control District channel traverses the southern portion of the site. DISCUSSION The applicant is requesting approval to amend Conditional Use Permit 91--002 to increase the maximum number of children and staff members in the preschool, modify the preschool hours of operation, and install a modular structure on site for temporary classrooms. The maximum number of children currently allowed to be enrolled in the preschool is 64. The current enrollment is approximately 45 children. The applicant is requesting to increase the maximum enrollment to 79. The approved hours of operation for the preschool are from 8:30 a.m. to 3:30 p.m. The facility currently does not comply Planning Commission Report a CUP 99-018&DR 99-029 September 13, 1999- Page 3 with these hours of operation and operates from 6:30 a.m. to 6:00 p.m. The applicant is requesting that these hours be modified to reflect the current operations. These hours coincide with the typical drop-off and pick=up hours associated with.working parents. A 1,440 square.foot modular structure for classroom use is proposed to be located east of the existing building between the trellis-covered patio_and the parking lot(See,Attachment B -Site Plan and Floor.Plans/EIevations). The twenty-four(24),foot by sixty (E0) foot . structure would be comprised of two twelve (12) foot by sixty (60) foot modular units that would be assembled on site. The structure would sit approximately two (2) feet above ground and be fully skirted. Access to modular structure would be provided on a wooden ramp and deck system:facing the existing building and playgrounds. The proposed location of the modular structure is also the conceptual site for Phase III. 'development. The `modular structure is proposed to be located at the site for five (5) years. During this five-year period, the applicant intends:to complete Phase III of the Master Plan. To ensure that the modular structure 'is removed within five (5) years, Condition 2.1 is included to require the modular structure to be removed upon issuance of Certificate of Occupancy of Phase III or five (5) years, from the date of approval. Condition 2.9 also requires the applicant to deposit.a refundable bond to guarantee removal�of the modular structure. If Phase III is not constructed within,five (5) years and the modular structure is removed, Condition 2.2 is included to require the applicant to permanently landscape the area where the modular structure would is to be located'. During construction of Phase III,•the modular unit is proposed to be relocated several feet to the east on three of the existing parking spaces. Condition 2.1 requires the applicant . to submit a pan for temporary relocation of the unit along the southern property line during construction of Phase III. Traffic/Parking There are two access.driveways to the site; one on Bryan Avenue and.one on Parkcenter Lane. No changes to the existing drive aisle that extends behind the .sanctuary and connects the entrance on-Bryan Avenue to the entrance on Parkcenter Lane are proposed. Based upon the "Preliminary Traffic Assessment" (See Attachment C), analyzed by the City'sTraffic Engineer,.the expansion of enrollment and staffing and the modification-of hours of the preschool would not have a significant traffic impact-on Bryan Avenue. No additional parking is proposed,. In accordance with the East Tustin Specific Plan, the off-street parking requirement for a preschool is one space for every five (5) children and one space for each staff member. Using this ratio, the proposed increase in enrollment and staffing (15 students and 3 staff members) requires an additional six (6) parking Planning Commission Report CUP 99-018&DR.99-029 September 13, 1999' Page 4 spaces. However, the total required parking for the ,entire facility is' based 'on the assumption that simultaneous uses will be .limited, -Previous conditions of approval for Conditional Use Permit 91-002 and Design Review' 97-026 limit "'the number of simultaneous events to that which can be accommodated by the minimum .number of required parking spaces. Only uses for which parking is provided may operate simultaneously. These usesinclude the social hall or the sanctuary pr. the preschool facility,'office/administration area, gift shop, classrooms, and the temporary modular classroom. The`off-street parking requirement for the pre-school, offices, and. classrooms is 52 spaces. With the increase in enrollment and istaffing, the total required-parking for the pre-school, offices, and classrooms would be 58 parking spaces. The social hall requires 108 off-street parking spaces and the sanctuary requires 135"off-street parking spaces. The use of the sanctuary generates the largest number of parking-spaces which can'-be accommodated by the 174 parking .spaces that are existing. Conditions 2.3 and•2.4 of proposed Resolution 3689 include limitations for simultaneous uses and parking. • Noise _ • _ The activities'in the outdoor playground and patio area will generate background noise that is not anticipated to exceed the standards of the Noise Ordinance. If the City is advised that a noise.problem exists as. a result of the preschool, Condition 2.5 would require the applicant to submit a noise analysis and implement mitigation measures. Architecture/Landscaping The applicant proposes to construct a "green screen",adjacent,to the north, south, and east elevations of the modular unit, install twenty-four(24) inch box trees adjacent to the north and south elevations,and install groundcover in--a planter around the structure (see Attachment 'D - Planting Plan and Modular Classroom Screening Study). A "green -screen" is a tubular steel framed'panel with screening that•supports climbing vines which creates a vine covered or "green"facade. Vines are iplanted every four (4) feet and four (4) inches on center and grow up the screen. Cut outs in the screen are made to accommodate window placements. Views of the structure would be screened from residences to the north, east, and south by the "green screen"and-existing and proposed trees. Condition 2.6 is'included to require the applicant to maintain the "green screen", trees, and groundcover in a healthy condition. Planning'Commission Report • CUP 99-018&DR 99-029 September 13, 1999 r. 'Page 5 ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the:proposed use,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) The proposed use is consistent with the East Tustin Specific Plan and the. City of Tustin General Plan in that the "Community Facility" zoning district conditionally permits pre-schools and the "Planned Community Residential" land use designation provides for pre-schools which are compatible and oriented towards serving the needs of residential neighborhoods. 2) The traffic on Bryan Avenue will riot be significantly impacted with the proposed increase in enrollment and staffing or. hours of operation of the preschool: The existing. level of service of Bryan Avenue will not be impacted_ by the proposed -use. Should there be a problem with traffic circulation, the applicant will be required to prepare a formal traffic study and implement mitigation measures required by the City. 3). As conditioned, the temporary structure and proposed use will not have a negative effect on the surrounding property owners or impact the availability of off-street parking in that the increase in enrollment and staffing of the preschool and.the proposed temporary modular classroom will not increase the total number of required on-site parking spaces (135) during operation of the preschool, offices, and classrooms. . No activities will be scheduled simultaneously that would.require more parking spaces than are provided. Should there be a. problem with parking, the applicant will be required to prepare -a -formal parking demand analysis and implement mitigation measures required by the City. 4) The proposed modular structure and proposed use,: as conditioned,will not be a detriment to the'public health, safety, welfare and aesthetics of the community since the structure will be removed within five .(5) years and permanent Phase III facilities would be constructed or the area where.the modular structure is to be placed would be permanently landscaped. Planning Commission Report CUP 99-018&DR 99-029 September 13, 1999 Page 6 6) The proposed temporary structure and proposed use, as conditioned, will not be detrimental to the surrounding.. properties in that the modular structure is'placed near.the southern property boundary at a.distance from residential,properties to,the north, east, and south. The structure will be screened with dense landscaping that is required to be maintained in .a healthy condition.' 6) The proposed temporary structure and proposed use will not be detrimental to .the surrounding properties in that that the hours of -operation. will ;be limited to daytime hours on Monday through Friday.from 6:30 a.m. to 6:00 P.M. In addition,the applicant would be required to submit a noise analysis and implement mitigation measures if a nuisance is created by the level of noise-generated from the preschool playground area. Lori A. Ludi Karen Peterson • Associate Planner Acting Senior,Planner µ Attachments: A. Location Map B. Site Plan and Floor Plans/Elevations C: Preliminary Traffic Assessment Report D. Planting Plan and Modular Classroom Screening Study E. Resolution No. 3689 pereporVcup99-018.doc } ATTACHMENT A • • LO CAT O N NEAP _ Illflflfl r L_ � gf m �5i q ]3352 3351 001 a o -"�sl� �1J3 E336i. ]3371 X372 i337i Q z J 13 ]338 13381 N 7wni �+ w l�se2 �33e7r A:13 ��• 338U BURNT MILL RD. � �3�91f' 'ti 9 S79�rI '+ N e O N N ON ONo NO ON O N N "• �JIf�•Oh rn 1}k4>0>H1f N N N- of t402? 353 •p 0 N N aILL 421 j �2 � ry143. 2 Project Site 13431Z 3} } f1343SOU77JERN U1.3 CALIFORNIA 14 AD 7 vEDISON a y N 4N EL JfODSNAN . IRVINE J a BRYAN •d . I N h H N_ — LAC- E: _AF Wy. 3531 N 154 354'+ �71S54 2 REaV' SSS7 �S i hh��175h yr � . .. I.SS J �i �S]56\2.. \�I :.c. !.._ . NO-:SCALE , . ATTACHMENT B a aF vowlvA cl.ss.00v Pro/ecr L•m voyAr+,cw:.amr ---_--_—'cc or uoFln.w f�uSsaiau=� vwpw Fo. w�x�V�fN Xa[u5 --� \ Congregation F-L ^ B'nal Israel —— Preschool — '------=------ _ \ Modular § ----- ------ --+•— Classroom _ — — 4 L T -- CONCEPTUAL DEmm AHD PLAW8N0 COAPANY S GTeON'A'--WEST ELEVATIONTR I NORTH END ' OF MODULAR TRAILER.. -��1TT, 1� G SECTION'B--NODULAR GLA55R0GM GRADING LEGENDS F.i,E. FINISH!LOOK ELEVATION F.S. i1N15H SURFACE I _ F.G. 'ANKH GRADE T.S. TOP or MIR ��1 ,•••. ,��'! / I-. of .li D .�SfFMIIa�a B.S. B070H OF STAiR �; _ may,•' yI� R T.C. IOP OF CURB /" - J. — 4'�elq, A I a L:: B.C. BORON Or CUFB H.P. WH POINT - F.L rLOW LINE ,\ ` / n,` .II v.sel+ur .....'f•1 I �ttv� B.C.R. BEGIN CUPS REIVP.N / "'• s ry, I (100.01 EEISTINC SPOT ELENA, I h•e• 100.0 PROPOSED SPOT ELNATIA,IDN B.]]S+ ORAD ENI Or'SLOPEEl l d vvOroSN HR — - - �•II F.O.B. !ACE Or BUILDING ''rf IIII�TII1I LOCATION MAP JI ••LT l0 EXIST. FASPHALTrtACCESS LROADUUIIIIUI 3 a —I CONCEPTUAL SITE AND CRAONC PLAN '•• v, I � � CONCEPTUAL :.-N n..i. SITE AND ""' """ fRADNC PLAN SITE AND GRADING PLAN • Pro/ect V lc-a I Congregation B'nal Israel Preschool Cfas room ^^ ELEVATION A ' ELEVATION P MODULAR CLASSROOM—EAST ARCHTECTURAL ELEVATION MODULAR-CLASSROOM--NORTH ARCHTECTURAL ELEVATION ,uu vn r r.�s v� , 0 {--c' CONCEPTUAL DESIGN Q ^ND RAHAJO !I COMPANY - C r.�:;=�~~ .>J. ELEVATION EI EVATIOIJ l� f ' r � MODULAR CLASSROOM--WEST ARCHTECTI.RAL ELEVATION MODULAR CLASSROOM—SOUTH ARORTECTl1RAL ELEVATION ` 7 t o---�-- ARCHTE[iIIRAL FLOOfl PLAN STAIRWAY AND RAMP A MODLRAR CLASSROOM—WEST ELEVATION 'GREEN SCREEN MODULAR CLASSROOM—SOUTH ELEVATION MAP gl'tC.-R' AL 'GREEN SCREEN' MODULAR CLASSROOM--EAST ELEVATION 'CRE EN SCREEN MODULAR CLASSROOM—NORTH ELEVATION AND '� r wu've 'r ARCHITECTURAL FLOOR PLAN & ELEVATIONS ATTACHMENT C • • LINSCOTT LAW • E N, G .I N E E R S' ENGINEERS&PLANNERS ■ TRAFFIC,TRANSPORTATION,PARKJNG 1580 Corporate Drive,Suite 122 ■ Costa Mesa,California 92626_ Phone:714 641-1587 ■ Fax-714641-0139 August 11, 1999 W.Mel Malkoff M(ALKOFF AND.ASSOCIATES 18456 Lincoln Circle Willa Park, CA 92861 Subject: PRET—]AIIINARY TRAMC ASSESSMENT CONGREGATION B'NAI ISRAEL CHILD CARE CENTER EXPANSION Tustin,California_ Dear Mr.Malkoff- As requested,.Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Preliminary Traffic Assessment for the Congregation B'naiIsrael .Child Care Center Expansion project. Congregation B'nai Israel is located at 2111 Bryan Avenue in the City of Tustin, California. The project_site is generally located north,of Bryan Avenue and west of Park Center Lane- Exhibit 1 presents a Vicinity-Map,which illustrates the location of the project,and depicts the surrounding street . system. Access to the site is,provided via a right-turn in/out-only driveway on Bryan and a full access driveway on Park Center: Congregation B'nai Israel currently.operates a child care center-licensed for 45,children. The'proposed expansion project will accommodate up to.34 additional pro-school children, resulting in a licensed day care center for 79 children. This preliminary evaluation has been prepared to estimate the trip generation of the,proposed child care center at completion of the expansion, and its potential traffic impacts to the operating conditions of Bryan Avenue. Project Trip Generation _ Traffic generation is expressed in vehicle,trip ends, defined,as one-way vehicular movements, either ` entering or-exiting the generating land use. Generation factors and equations used in the traffic forecasting procedure are found in the Sixth.Edition of Trip Generation, .published by the Institute of Transportation Engineers (EM) [Washington,,D.C., 1997] and San Diego Trt c Generators, dated December 1996,published by San Diego Associated Governments(SANDAG). • Philip M.'Linscott,P.E.(Ret.) Jack M.Greenspan,P.E. William A.Law,P.E.(Ret.) i Paul W.Wilkinson,P.E. i John P. caling,P.E. David S.Shender,P.E. Pasadena-626 796-2322 ■ San Diego-619 299-3090 ■ Las Vegas-702 451-1920 ■ An LG2WB Company i Mr.Mel Malkoff LAW MALKOFF AND ASSOCIATES August 11, 1999 Page 2 E.N G I N E E R S . The trip generation potential of the Congregation B'nai Israel Child Care Center was estimated using ITE Land Use 565 (Day Care Center) rates published in Trip Generation. Review of Table x shows that, at completion of the expansion project_, the child care center of Congregation B'nai Israel is -forecast to generate approximately 360 daily trips, with 64 trips (34 inbound, 30 outbound) produced in the AM peak hour and 69 trips{32 inbound, 37 outbound)produced in the PM peak hour. Of the day care center's total trip generation potential, the 34 additional students that will be accommodated by the expansion are expected to generate 155 daily trips,with 28 tri'p's (15 inbound; 13 outbound)produced in the AM peak hour and 30 trips(14.inbound, 16 outbound)produced in the PM peak hour. Bryan Avenue Arterial Capacity Analysis Bryan Avenue is a four-lane,divided roadway,which borders the project site on the south. Bryan, from Browning Avenue east to Jamboree Boulevard, is designated as a Primary Arterial (100-f5ot right-of way) in both the County of Orange MPAH and the City of Tustin General Plan Circulation Element. On-street bike lanes are provided in both directions on Bryan Avenue. This road is hilly developed with curb and gutter, and a raised center median. The Bryan Avenue/Browning Avenue and Bryan Avenue/Tustin Ranch Road intersections are controlled by eight-phase traffic signals. The intersection of Bryan Avenue and Park Center Lane is currently a four-Iegged unsignalized intersection. Parking is-not permitted-on either side of this roadway, within the vicinity of the project. The posted speed limit on Bryan Avenue is 45 miles per hour (mph). Existing 1999 idaily traffic on Bryan, adjacent to the project site,totals roughly 11,800 vehicles per day. The methodology used to assess the project's potential traffic impact to Bryan Avenue was performed by comparing the existing (or future) average daily traffic (ADT) volumes with the roadway's traffic capacity. -This methodology is in accordance with the Orange County Master Plan of Arterial' Highways(MPAID standards for arterial roadway segment capacities: The roadway capacities, which represent the maximum ADT at each LOS threshold, are presented in Table 2. Table 3 summarizes the results of the link analysis prepared for segment of Bryan Avenue, east of Browning Avenue for existing, and existing-plus project conditions. The first and second column's of Table 3 identify the key roadway segment and current`County MPAH or City General Plan Circulation Element roadway classification. The third column of Table 8 presents a summary of existing ADT volumes, V/C ratio, and current LOS.m The fourth column lists a summary- of existing plus project traffic condition based on existing roadway conditions. LINSCOTT Mr.Mel Malkoff MALKOFF AND ASSOCIATES L AW ` August 11, 1999 Page 3 E N G I N E E R S As shown,-the segment:ofBryan adjacent to the project site is,expected to continue to operate at LOS A The Congregation B'nai.IsraeI project is expected to contribute less than 1% of the cumulative daily traffic on this segment-of Bryan Avenue. Therefore, we conclude that the project will not create a significant impact on this study segment. ` Recommendations and Conclusions- Based on the trip generation forecast and results of the arterial link analysis, we conclude that the Congregation B'nai Israel Child Care Center Expansion project will not have a significant traffic impact on the operating conditions of BryanAvenue. We appreciate the opportunity to prepare this investigation. Should you have-any questions regarding this analysis,please call us at(714)641-1587. Very truly yours, LINSCOTT,LAW& GREENSPAN,ENGINEERS Richard E.Barretto,P.E. Senior Transportation Engineer Attachments 2074Congregatian B'nai Israel.Expansion Traffic Analysis _ 1 , r tier', PROJECT y. r,,,� "A8 K.7 rn s� ,yam r V � s 1 t � a Y r SC�.� � . �:: Q ,� � ` Q•`�V �'�'i .d"'" .�3`j, , r 5 c � s7L�14 LR'`' a sauRce: THOMAS BROS. EXHIBIT 1 (tNO SCALE UNSCorr GRE , k VICINITY M� E N 0 I s CON lON B'NAI ISRAEL CHILD CARE CENTER EXPANSION, TLI LINSCOTT L AW E N G I N E E R S TABLE 1 PROJECT TRAFFIC GENERATION FORECAST Congregation BI nai Israel Child Care,Center Expansion,Tustin ............. .................... ............................... ................. .................................................... .................................................... ......... . ... km ANS.- � Hou . VSK -0 YX: UR.' ............... ........................... ......................- ......................................... ........................... ............. ................ ..................... ........................... ..... ............. ' .N..:::::............. ..... .W." TOTAL:::.. Generation Factors. • 565: Day Care-Center 4.52 0.43 0.38 0.81 0.40 0.46 0.86 (MST- U), Generation Forecasts: - Congregation B'nai Israel- Child Care Center 205 . 19' 17 36 18 21 39 ,(45 existing students) • Congregation B'.nai Israel Child Care Centhr Expansion 155 15. 13 28 14 16 30 (34 additional students) ......................................... ...................... ............ ...... ......................... m7WW ............................ ..................... .. .................... . .......................... .................... .............. A ......................................... ....................... ......... ............... ::::z 3237... ....... .... 6 .................... K are ........... ............. .. ............ ................. ....... ......... ........... • TE/STU=Trip ends per student(child) • 1 Source: Trip Generation, 6th Edition, institute of Transportation Engineers (rM), Washington, D.C. (1997). LINSCOTT ILAW & E N G I N E E R S TABLE 2 LEVEL OF SERVICE CRITERIA FOR ARTERIAL HIGHWAYS I - Congregation B'nai Israel Child Care Center Expansion,Tustin ....................... ............ ........................ ................... ....... .......... .................. .............. ........... .. .... ..... "C .....................- ................-- ................... ............ DESER;. 1 V.-........................................... ............ ...................... ....................... ...................... ................. ........................... ARTERIAYY ..................... ................ ........... "A K:1......... -Inl . . .0 -':1; !!; .. I i :::LOS: ............ 1-1, L S ................... ...... .............. ........... ........... RN �i:: A TYPE::::;;;: C 10 ,"!': . . .... ........ . . ........... ..... .... ...... Major 6-lanes divided, 36,000 40,400 45,000 49,500 54,000 Primary 4-lanes divided, 24,000 27,000. 30,000. 33,000 36,000 Secondary 44anes undivided 16,000 18,000 20,000 �,000 24,000 Commuter 24'anes undivided 5,000 7,500 10,000 12,500 15,000 Source: Orange County Mghway Design Manual. L'INSCOTT L AW • E N G I N E E R S TABLE3 ARTERIAL ROADWAY LEVEL OF SERVICE SUMMARY Congregation B'nai Israel Child Care Center Expansion, Tustin ...................... ................................... ................. ..........................-......... ... .............. .......... ................. ................................ ... ................. ....................... ............ ............... ....... ............... .......... -19 ............................- ................................ .................. .. ........... .... ::..................................... ...............................N. :r : .......... .............. .... t - - MYT M ............ . N ... .................... ..... ........................... en ..................... .......................... .............. ......... .......... . ...................... ................... . ............................ ........................................... ............... ..................... ::::LOS......::.... .................... ADM ......... ..... ........ Bryan East of Primary Avenue �BEow nm Ave 4-lanes divided 11,800 0.328 A 111,955 0.332 A 3 Represents anticipated traffic conditions with the addition of traffic generated by thie "expansion" of the Congregation B'nai Israel Child Care Center. ATTACHMENT D v, .. amu \. r ar eI NN l ` Prolecf 1 ' Congrega[lon _ t B nal Israel 8 _ o x[ ' �! m"':�" e - P school I nx ws t � — - - ..- ._-. .. _ xlRuu up u�c Modular 1 ' rill !1 Classroom e . A 11 E 01I u'xow.[az.wml it } CONCEPTUAL DEEM ; 1 colwAy e MODULAR CLASSROOM—NORTH ELEVATION - y •� 0 —~ - �'`5R°01 s""' ��.,q,.t_ -p vru,yr [ oon oG� —� --- •� 4 li{S� Q�I,JI a ..A ! d FE D[ 1 t �oo[nes .xvsl sxm E M�OwAsSO�OoM—SiOUTH ELEVATION a ' I - 1 K W ; u BEmvx li/p�uu��E'�'^'E a@ mRU[nµal - � -• .i �:• 7 10' 7 •"� .-`. *g� -' .`O }� 2 [i W '� fLi '�S. PRELPSNARY PLANTNC PLAN r ` tikes � G W Pr 'kY�A �r Asa t6 PLANTNc LEcq u•,=vr.[ — - i MODIAAR ttAS5R00M—EAST ELEVATION _ "•u l vr.• .:.�� ^'�.w^•"•+°+'• �� us.r LOCATION.MAP J a•amw.xx.oy.., i . Nx .wxx[ ['iviix vn c c ..w.unw u.xnx w. - — 1p �,nuus o xon,n n[v., p VuOM SS[I - HU p'I j - �� ...ey.u'...... CONCEPTUAL x m¢n arrant�vxe I� PLANT NG PLAN { 'rvcaf��m 1 MOOV CLASSROOM__�yESY ELEVATION PLANTING PLAN ��&Rk -:�.. ty�Y �•- --r -e"'r�.s`'Y � �� '�'�,�,��"'�- ti '��- �1,�,�.i�Ste`'�x'r7 a .i f a � •iSi ■i'xTta s - �' caS Ir,;. '.' • - w� �.`^4 ■■ Iii ATTACHMENT E RESOLUTION NO. 3689 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY .OF TUSTIN, APPROVING CONDITIONAL USE PERMIT ;99-018 AND • 2 DESIGN REVIEW 99-029 TO AUTHORIZE- THE MODIFICATION TO CONDITIONAL USE PERMIT 91'-002 TO INCREASE THE MAXIMUM 3 NUMBER OF CHILDREN ENROLLED AT THE PRESCHOOL TO 793 4 EXPAND THE.PRESCHOOL HOURS OF OPERATION,AND INSTALL A TEMPORARY MODULAR STRUCUTRE FOR CLASSROOM USE FOR 5' FIVE YEARS 6 The Planning Commissimidoes hereby resolve as follows: 7 I. The Planning Commission finds and determines as,follows: s A. That a proper application for Conditional Use Permit 99-018 and Design- 9 Review 99-029 was filed by Mel Malkoff and Associates on behalf of the property owner, Congregation B'nai Israel, requesting authorization to 10 increase the maximum number of children enrolled at the preschool from 64 11 to 79, expand the preschool hours of operation from 8:30 a.m. to 3:30 p.m. to 6:30 a.m. to 6:00 p.m., and install a modular structure for classroom use 12 for a.five year period on property located'at 2111 Bryan Avenue and more specifically described as Assessor's Parcel Nos. 500-211-04, 500-211-13, . 13 500-211-14 and 500-211-16. 14 B. That the use is a conditionally permitted,use in the East Tustin Specific Plan Community Facility zoning district. I5 •C. That a public hearing was duly called,. noticed and held on said application 16 on September 13, 1999 by the Planning Commission. 17 D. That-the establishment, maintenance and operation of the use applied for 18 will not, under the circumstances of'this'case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 19 working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the 20 subject property, or to the general{ welfare of the City of Tustin, as evidenced by the following findings: 21 1} The proposed use is consistent with the East Tustin Specific Plan 22 and the City of Tustin General Plan in that the "Community Facility' 23 zoning district conditionally permits pre-schools and the "Planned Community Residential" land use designation provides for pre- 24 schools which are compatible and oriented towards providing for the zs needs of residential neighborhoods. 26 2) The traffic on Bryan Avenue. will .not be significantly impacted with the proposed increase in - enrollment and staffing or hours of 27 operation of the preschool. The existing level of service of Bryan 28 Avenue will not-be-impacted by the proposed use. Should there be.a problem with traffic circulation, the applicant,wiIl be required to 29 • Resolution No: 3689 1 September '13,1999 Page 2 i2 _ prepare a formal traffic study and implement mitigation measures 3 required by the City. 4 3), As conditioned, the temporary structure and proposed use will not 5 have a negative effect on the surrounding property owners or impact 6 the availability of off-street parking in that the increase in enrollment and staffing of the preschool and the proposed temporary modular 7 classroom will not increase the total number of required on-site parking spaces (135) during operation of the preschool, offices, and 8 classrooms.- No activities will be scheduled simultaneously that 9 : ' would require more parking spaces than are provided. Should.there be a problem with parking, the applicantwll be required to prepare a to formal parking demand analysis and implement mitigation measures 11 required by the City. 12- 4) The proposed modular structure and proposed use, as conditioned, .will -not be a detriment to the public health, safety, welfare and 13 aesthetics of the community since the structure will be removed. 14 within five. (5) years and permanent Phase Ill facilities would. be constructed or the area where the modular structure is to-be placed 15 would be-permanently landscaped: i 16 5) The proposed temporary structure and proposed use, as 17 conditioned, will not be. detrimental to the-surrounding properties.in that the modular structure is placed near the southern property i8 boundary at a distance from residential properties to the north, east,, 19 and south. The structure will be screened with dense landscaping that is required to be imaintained in a healthy condition. 20 21 6) The proposed temporary structure and proposed, use will not be detrimental to the. surrounding properties in' that that the hours of 22 operation will be'limited to daytime hours on Monday through Friday from 6:30 a.m..to 6:00 p.m. In aaddition, .the applicant would be 23 required to submit a noise analysis ,and implement mitigation 24 measures if a nuisance is. created by the level of noise generated from the preschool playground area. 2s E. Pursuant to Section 9272 of the Tustin. Municipal Code, the. Commission 26 : finds.,that the location, size, architectural features and general appearance of Design Review 99-029, as conditioned, will not impair-'the orderly and 27 harmonious development of the area, the present or future development 28 therein, or 'the occupancy as a whole. In making such findings, the Commission has considered at least the following items:, 29 i Resolution No. 3689 1 September 13,1999 Page 3 z 3 1. Height, bulk and area of buildings. 4 2. Setbacks and site planning. 5 3. Exterior materials and colors. 6 4. Type and pitch of roofs. 7 5. Size and spacing of windows, doors and other openings. s 6. Towers, chimneys, roof structures, flagpoles, radio and television 9 antennae. 10 7. Landscaping,'parking area design and traffic circulation. 11 8. Location, height and standards of exterior illumination. 12 9. Location and appearance of equipment located outside of an 13 enclosed structure. 14 10. Location and method of refuse storage. 15 11. Physical relationship of proposed structures to existing structures in the neighborhood. 16 12. Appearance and design relationship of proposed structures to 17 existing structures and possible future structures in the neighborhood 1s and public thoroughfares. _ 19 13. Development Guidelines and criteria as adopted by the City Council. 20 F. This project is addressed by a previous Environmental Impact Report(85-2) for the East Tustin Specific Plan in accordance with the provisions of the 21 California Environmental Quality Act (CEQA). zz G: That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be 23 consistent with the Air Quality Sub-element. 24 II. The Planning Commission hereby approves Conditional Use Permit 99-018 and Design Review 99-029 authorizing an increase in the maximum number of children 25 enrolled at the preschool from 64 to 79, expansion of the preschool hours of operation from 8:30 a.m. to 3:30 p.m. to 6:30 a.m. to 6:00 p.m., and the installation z6 of a modular structure for classroom use for five years on the the property located 27 at 2111 Bryan Avenue, subject to the conditions contained in Exhibit A, attached hereto. zs 29 • Resolution No. 3689 1 September 13,1999 • Page 4 2 'PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular- 3 meeting on the 13th day of September, 1999. 4 5 6 STEPHEN V. KOZAK ' Chairperson 7 s ELIZABETH A. BINSACK 9 Planning Commission Secretary 10 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE } 12 CITY OF TUSTIN ) 13 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 14 Commission Secretary of the City of Tustin, California;that Resolution No. 3689 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the I5 13th day of September, 1999. 16 17 ELIZABETH A. BINSACK 18 Planning Commission Secretary 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A CUP 99-018 AND DR 99-029 2111 BRYAN AVENUE CONDITIONS OF APPROVAL RESOLUTION NO. 3689 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 1999 on file with the Community Development Department, as herein modified, or unless -otherwise indicated, as modified by the Community Development Director in accordance with this Exhibit. The Director may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified herein, all conditions contained in Planning Commission Resolution Nos. 2901, 2943 and 4005 shall continue to apply to the project with the following exceptions: A. Condition 2.2 of Resolution 2901 shall be modified to read as follows: "Hours of operation of the preschool shall be between 6:30 a.m. and 6:00 p.m., Monday through Friday. The preschool shall not be operated simultaneously with - social hall or sanctuary usage for congregation furictions." B. Condition 2.3 of Resolution 2901 shall be modified to read as follows: "The pre-school shall be limited to a maximum enrollment of seventy- nine (79) children. No more than seventy-nine (79) children shall be in attendance in the preschool facilities at one time, based upon the State Department of Social Services standards for minimum indoor and outdoor space." (4) 1.3 Prior to the issuance of any building permits for the project, all conditions contained in Resolution 3689 shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITION , (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PCICC POLICY *** EXCEPTIONS Exhibit A • Resolution No. 3689 Page 2 (1) 1.5 Approval of CUP 99-018, and DR 99-029 is contingent upon the applicant and property. owners signing and returning an "Agreement to Conditions Imposed"form as established by the Community Development Department. (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 of this project. (1) 1.7 Phase Ill development will require separate Design Review by the Community Development Department and the Planning Commission. USE RESTRICTIONS (1) 2.1 The modular classroom structure shall- be removed from the subject property prior to issuance of a Certificate of Occupancy for Phase III development or within five (5) years from the adoption date of this resolution, September 13, 2004, whichever occurs first. The modular structure may be relocated along the southern boundary of the property during construction and shall be removed prior to issuance of a Certificate of Occupancy for Phase III development. A relocation plan for the modular structure shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular • structure. A refundable bond for removal of the modular structure in the amount of $1,500.00 shall be deposited with the Community Development Department prior to issuance of building permits for the modular structure. (1) 2.2 If Phase III construction has not been undertaken within the five (5) years from the date of this resolution, the modular classroom structure shall be removed and the footprint area shall be landscaped. A landscape plan for this area shall be submitted to the Community Development Department for review and approval prior to issuance of building permits for the modular structure. (1) 2.3 No activities shall be scheduled simultaneously in the social hall, sanctuary, and.office/classroom facilities, including the proposed temporary modular structure. Exceptions to this requirement include the 900 square foot office/administration area, the 120 square foot gift shop, and the 1,292 square foot classroom/meeting room. (1) 2.4 A total of 135 parking spaces are required for the Phase 1,.Phase II and the temporary modular classroom facility. This requirement is based on no simultaneous uses occurring in the social hall, sanctuary, and office/classroom facilities including the temporary modular structure, with the exception of those uses listed in Condition 2.3. (2) 2.5 if in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the preschool, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study or noise analysis and the applicant shall bear all associated costs. If said study (indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be Exhibit A Resolution No. 3689 Page 3 required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reduce student enrollment. (1) 2.6 Landscaping and "green screen" vines shall be maintained in a healthy and vigorous condition. All landscaping and vines that are not in such condition shall be replaced within five (5) days of notification from the City. (1) 2.7 The applicant and/or pre-school operator shall provide a copy of the license issued by the State Department of Social Services for a pre-school with 79 students to the Community. Development Director prior to issuance of a Certificate of Occupancy for the modular structure. PLAN SUBMITTAL (1) 3.1 At building plan check, submit four (4) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineerlarchitect. No field changes shall be made without corrections submitted 'to and approved by the Community Development Department. (1) 3.2 Indicate on the title sheet compliance with the following codes, City, state and federal laws and regulations to include: 1997 Uniform Building Code with California Amendments 1997 Uniform Mechanical and Plumbing Codes with California Amendments 1996 National Electrical Code with California Amendments City of Tustin Grading and Security Ordinance City of Tustin Landscaping and Irrigation Guidelines. (5) 3.3 Prior to permit issuance, clearances from the State Fire Marshal and the State Health Department are required. (3)- 3.4 If the height of the deck exceeds thirty (30) inches above grade, intermediate railings and hand/guard rail shall comply with the Uniform Building Code, 1997 Edition, Sections 509 and 1003.3. (1) 3.5 Specifcations at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. (3) 3.6 Smoke detectors shall berovided in the modular classrooms, com [ in P pY 9 with the Uniform Building Code, 1997 Edition, Section 1007.3.4. Exhibit A , Resolution No. 3689 Page 4 (4) 3.7 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be.considered as an element of the overall design of the project and shall either blend with the architectural design of the building or be integrated into the landscape design (1) 3.8 All final colors and materials to be used shall be subject to review and approval by the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction pians and elevations. NOISE (5) 4.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the-Tustin Noise Ordinance and 'shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. . (5) 4.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. • (5) 4.3 All construction and operational activities.shall comply with the noise level restrictions of the City of Tustin Noise Control Ordinance. FIRE AUTHORITY (5) 5.1 Prior to the issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety/Architectural'Notes to be placed on the plans. (5) 5.2 Prior to the issuance of a building permit, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. (5) 5.3 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be review and approved by the Fire Chief prior to issuance of a building permit. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 5.4 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. Exhibit A Resolution No. 3689 Page 5 (5) 5.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review. This `system must be operational prior to the issuance of a Certificate of Occupancy. FEES (1)(5) 6.9 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 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. (2) 6.2 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. f . ITEM #3 - � N YO epo rt to the �L S alt fanning Commission DATE: SEPTEMBER 13, '1999 SUBJECT: VARIANCE.99-003 APPLICANT: KENT SUTCLIFF' 330 CALIFORNIA STREET TUSTIN, CALIFORNIA 92780 PROPERTY OWNER: PATRICIA AND ROBERT FERRERA 202'1219TH STREET S.E. C BOTHELL,WA 98012 LOCATION: 330 CALIFORNIA STREET ZONING: SINGLE FAMILY RESIDENTIAL(R-1) ENVIRONMENTAL ' STATUS: THIS PROJECT 1S CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO CONSTRUCT A FIVE (5) FOOT_ HIGH WROUGHT IRON FENCE WITHIN THE FRONT YARD SETBACK ALONG MAIN STREET AND WITHIN THE PUBLIC_ RIGHT-OF-WAY ALONG CALIFORNIA STREET. RECOMMENDATION That the Planning Commission adopt Resolution No. 3688 approving Variance 99-003. BACKGROUND The.appIicant is requesting approval for installation of a five (5) foot high wrought iron fence within the front yard setback along Main Street and within the; public right-of-way along California Street. Tustin City Code Section 92710)(b) requires that no fence, hedge or wail over three (3) feet in height shall be erected in the required front yard setback. According to the applicant,the fencing along Main Street has been in place for over twenty years. New fencing along California Street would be connected to the existing fencing that is installed along Main Street. Planning Commission Report _Variance 99-003 September 13, 1999f Page 2 Site and Surrounding Properties The site is developed with a single family residence located at the northern portion of the parcel (see Attachment A - Location Map). There are single family residential buildings to the north and west of the property. The residential lot faces Main Street on the south and California Street on the east. DISCUSSION Project Description The property is developed with a single family residence that is classified by the Tustin Historical Survey as a C-Rated Period Revival structure built in 1944. The residence is located within the Single Family Residential (R-1) and the Cultural Resources Overlay districts. The residential structure is situated on the northem portion (or"rear") of a comer Iot with frontage along Main Street and California Street. Although vehicle access to the property is located on California Street, the Tustin City Code states, "the narrowest frontage of a comer lot facing the street in the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces." Thus, the frontage along Main Street is considered the front and the frontage along California Street is considered the side. Given these definitions, the main yard is located to the front of the residence and a portion of the yard is within the twenty foot front yard setback required by the Single Family Residential (R-1) district. The applicant is desirous of enclosing the front portion of the lot with fencing five (6) foot in height to minimize access onto the property and create a safe area for family use (see Attachment B - Site Plan and Submitted Photos/Details). Since a portion of the fencing is located within the front yard setback, approval of a variance is required.. In conjunction with the Zoning Code update, staff may propose provisions that would allow fencing taller than three (3) feet within the front yard setback on corner lots with existing homes that are oriented toward the side property line. Typically, access is taken from the front of residences and main yards are located to the rear of residences. In these cases, the main yards may be enclosed by fencing that is a maximum of six (6) feet and eight (8) inches tall. For a corner lot with a home that is oriented to and takes access from the "side" of the property as defined by the Zoning Code, the "front" yard area of the property functions as the side or rear yard. In these situations, exceptions may be justified. In this case, the residence is situated on the rear of the lot and access "is taken from the side of the lot along California Street. As such, the area that is defined as the "front yard" functions as the main yard. Due to-the special circumstances related to this property, a variance may be justified. Planning Commission Report " Variance 99-003 September 13, 1999 Page 3 The fencing along Main Street is existing and consists of 518 inch wrought iron pickets spaced approximately four (4) inches apart, two (2) inch posts, and 1-114 inch rails. The fence is five (5). feet in height. The fencing along California Street is proposed to be located within the public right-of-way at a distance of 5'-6" from the curb face which requires approval of an Encroachment Permit. This fencing would be constructed of 518 inch wrought iron pickets spaced approximately four (4) inches apart, two (2) inch posts, and 1-114 inch rails which is similar to the existing fencing along Main Street. The Public Works Department has granted preliminary approval for use of the public right-of- way provided the applicant obtains an Encroachment Permit (see Attachment C - Condition 4.2). The applicant has already obtained an Encroachment Permit for installation of a twenty (20) foot wide vehicular driveway along California Street and the driveway has been constructed and inspected in accordance with City standards. The new fencing along California Street also would include a twenty (20) foot wide vehicular access gate approximately sixty (60) feet from the southeast corner of the property and two pedestrian gates north of a vehicular gate. The pedestrian and vehicular gates would be installed between eighteen (18) inch square river rock pilasters five (5) feet in height with a brick cap (see Attachment B — Site Plan). To prevent traffic impacts on California Street, Condition 2.3 is included to require 09 installation of an electric gate to ensure rapid ingress and egress. Iri addition, if there are traffic impacts on California Street as a. result of the gate, the applicant would be required to mitigate the impacts by removing the gate or another means acceptable to the City. The applicant is also proposing to install landscaping along the wrought iron fence to improve the appearance of the residential lot and reduce noise from Main Street. The wrought iron fence is proposed to be painted black and eventually concealed with ivy plants along both California and Main Street. However, Condition 2.2 is included -to require landscaping materials such as ivy or landscaping mounds that would obstruct driver visibility backing onto W. Main Street from 525 W. Main Street to be eliminated or relocated outside the visual clearance triangle. This triangle is defined by measuring ten (10) feet from the southwest comer of the property to the east and north of the comer and extending a line from each point (see Attachment B - Site Plan). landscaping within this area would need to be limited to ground cover and small shrubs of maximum eighteen (18) inches in height. FINDINGS To approve a Variance, the Planning Commission must make the following findings: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and.under identical zone classifications. Planning Commission Report Variance 99-003 September 13, 1999 Page 4 The residential structure is situated on the rear of a corner lot with frontage along Main Street and California Street. In accordance with the Tustin City Code, the frontage along Main Street is considered the front and the frontage along California Street is considered the side. However, access to the property is located on California Street and the main yard is located along the front of the property. As such, the front yard functions as the side and rear, or main, yard.. Typically, other lots with the R-1 zoning district may enclose side and rear yard areas with fencing that is a maximum of six feet eight inches in height. Approval of this variance would grant a privilege enjoyed-by other properties within the same zoning district. 2. That any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. The granting of this variance would not constitute a special privilege that is inconsistent with the limitations on other properties in the R-1 district in that the main yard area would be enclosed with a fence that is less than the maximum six feet eight inches (6'-8") in height that would be allowed within the side and rear yards of other properties within the R-1 zoning .district. In addition, the fencing located within the public right-of-way located within the front yard setback_at the southwest corner of the site and along California Street extending.to the northern property line would be subject to an Encroachment Permit and removed immediately upon notification by the Public Works Department. Minoo Ashabi Karen Peterson Assistant Planner Acting Senior Planner Attachments: Attachment A- Location Map Attachment B - Site Plan/Submitted Photos/Details Attachment C - Resolution No. 3688 . ATTACHMENT A Location Map . i ISR-Ssl p . -- • psT4 MESO 0 0 0 .._................. r— w 612 mb>1 l 65. i 'rS3rV l V. �'LIV aes � C 11 SSS 6•! 151 VI i 60! 110; ;le! av I I _ ,. w 5 iw 1.1 � L' .�.�.'J Lx: _ex - � a - - sslo ��:• -'� i eJ°I vont llv[❑ — ?• , ,`�1 w r .._.._ ��• isit Jol le)] i ..0. !o!I m cele°em6s t Lai •e°I m .e! u •)e e' m i � f ��' '� `r� H i• ••s •.l 1n ue ..°I m �s_. —..� Ls! .!°I p 1! � .)e .•oi f }"r1 � �- ..°•"•.s I1J /� � Ins ,)o� Ins 11 I I•n ,° r SMCS) i f— I , Z m AT i ACHMENT B Site Plan/Submitted Photos/Details so.LoH, o� Y I � f a jLKm +AHD 1 IIV y N � Zal \A ter+ a•n� �.<k:�3 � - - - _ ' ,•. -_- 1 mad-�t:a•ay'r� 1 i-+ i � z :,, .,�� :;_1�s� (1, � ]Giry of�'�t'I.� I�I✓✓ - - y Y r{*ti 6srQ t��i x.71. � •I �.j CC` �•�1 L �Ld7;3� arTr�il- - !! � .. 3 �,4-�J �\�1'- .61-• i ;S .yam!I• _ �I` fes•.. _-... 5 ..i'. , /L� ---�_^ ATTACHMENT C Resolution No. "3688 02 . RESOLUTION NO. 3688 s 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VARIANCE 99=003 TO ALLOW 4 INSTALLATION OF A FIVE .(5) FOOT NIGH WROUGHT IRON FENCE 5 WITHIN..THE. FRONT YARD SETBACK ALONG MAIN STREET AND CALIFORNIA STREET FOR THE PROPERTY LOCATED AT 330 6 -CALIFORNIA STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: i. The Planning Commission finds And determines as follows: 9 10 A. • That a proper application for Variance 99=003 has been filed by Kent Sutcliff requesting authorization .to install a five (5) foot high Wrought iron fence 11 along Main Street and California Street for the property-located at 330 'California Street. 12 13 B. That a public hearing was.duly•call ed, noticed and,held for said item by the Planning.Commission on September 13, 1999. 14 C. That because of special circumstances applicable to the subject properly, 1s including size, shape, topography, location or surroundings, the strict 16 application•of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other.properties in the vicinity and under identical zone l7 classifications. 18 The -residential structure is situated on the rear of a corner lot with 19 frontage along Main Street and California Street. In accordance with the Tustin City Code, the frontage along Main Street is considered 20 the front and the frontage along California Street is considered the 21 side. However,'access to the property is located on California Street and the main yard is'located along the front of the property. As-such, 22 the front yard functions as the side and rear, or main, yard. Typically, ' other lots with the R-1 zoning district may enclose.•side.and rear yard 23 areas with fencing that is a maximum of six.feet eight inches in 24 height. Approval of this variance would grant a privilege enjoyed by other properties within the same zoning district. 25 26 D. That.any variance granted shall be subject to such conditions-as will assure that the authorized increased height for fencing shall not constitute a grant of 27 special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated in that: 2s t 29 The-granting of this variance would not constitute.a special privilege ,that is inconsistent with'the limitations on other properties inthe R-1 Resolution No. 3688 VAR 99-003 1 Page 2 2 VII • district m that the main yard area would be enclosed with a fence that is less than the maximum six feet eight inches (6'-8") in height 3 .that would be allowed within the side and rear yards of other . 4 properties within the R=1 zoning district. In addition, the fencing located within the public right-of-way located within the front yard 5 setback at the southwest corner of the site and along California 6 Street extending to the northern property, line would be subject to an Encroachment Permit and removed immediately upon 7 notification by the Public Works Department. S E. That this project is categorically exempt (Class 3) from the requirements of 9 the California Environmental Quality Act, (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. 10 11 11. The Planning Commission hereby approves Variance 99-003 to allow installation of a five (5) foot high wrought iron fence within the front yard setback along Main 12 Street and California Street for the property located at 330 California Street, subject to the conditions contained in Exhibit A, attached,hereto. 13 14 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1999. 1s • 16 17 STEPHEN V. KOZAK Chairperson ]8 . 19 ELIZABETH A. BINSACK 20 Planning Commission Secretary 21 STATE OF CALIFORNIA ) 22 COUNTY OF ORANGE ) CITY OF TUSTIN ) 23 24 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the 25 Planning Commission of the City of Tustin, California; that Resolution No. 3688 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26 13th day of September, 1999_ 27 2s ELIZABETH A. BINSACK 29 Planning Commission Secretary u EXHIBIT A -RESOLUTION 3688 • CONDITIONS OF APPROVAL VARIANCE 99-003' 330 CALIFORNIA STREET, GENERAL (1) 1.1 The proposed project shall,substanbally conform with the submitted plans for the project date stamped September 13, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of.the Community-Development Department in accordance with this Exhibit. The Director of Community Development may, also approve subsequent minor modifications to_the plans during plan check if such modifications are consistent with provisions of the Tustin City Code'. (1) 1.2 Approval of Variance 99-003 shall become null and void unless building permits are issued within twelve(12) months of the date of this Exhibit. .(1) 1.3 • Approval of Variance 99-003 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed"form as established by the Community Development Department. t (1) 1.4 Unlessotherwise 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) 1.5 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.: PLAN SUBMITTAL *�* 2.1 The fence shall be a maximum of five (5) feet in height measured from the finish grade at street level located a minimum of five (5) feet, six (6) inches from the curb face along the east side of the property along California Street and`at the property line along Main Street., No portions of the fence along- the southerly property line along Main Street may encroach into the public SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PCICC POLICY, *** EXCEPTIONS ' I, Exhibit A Resolution No. 3688 VAR 99-003 Page 2 right-of-way. The fencing along Main Street shall consist of 5/8 inch wrought iron pickets, 2 inch posts, and 1-1/4 inch rails with vertical members spaced approximately four inches apart. The fencing along California Street shall consist of 5/8 in wrought iron pickets, 2 inch posts, and 1-1/4 rails with vertical members spaced a minimum of four inches apart. The vehicle and pedestrian gates shall be held up with stone pilasters appropriate for the Period Revival style of the house. (6) 2.2 A landscaping plan shall be submitted subject to approval by the Community Development Department. The plan shall depict all plant material at varying heights, but not limited to trees, shrubs and groundcover to soften appearance and add visual interest to the wrought iron fence.At a minimum, five (5) gallon shrubs at five feet on center and ground cover shall be provided for the 5'-8" landscaped area between the fence and street curb along California Street. No landscaping material, mounding, or other temporary or permanent structures or facilities may be located in the visual .clearance area in the southwest portion of the property that would prevent sufficient sight distance for vehicles existing the property at 525 W. Main Street onto W. Main Street. The visual clearance area or triangle is defined by measuring ten (10) feet from the southwest corner along the souther • and western property lines and connecting these points. Landscaping within this area shall be limited to ground cover and small shrubs of maximum 18" high. No landscaping such as large shrubs or trees that would hamper driver visibility shall be located or allowed to proliferate in the triangle. *** 2.3 The vehicular access gate shall be installed with an electronic automatic opener controlled by a remote control device. The automatic operating system shall be functional at all times. If the City observes traffic obstructions on California Street related to vehicles waiting to enter through the gate, the property owner shall initiate mitigation measures acceptable to the Public Works Department including, but not limited to, removing the gate. 2.4 The property owner shall be responsible for the daily maintenance and repair of the fencing and gates, landscaping, and other improvements such as the concrete paving including but not limited to, painting, graffiti removal and maintenance of the improvements to ensure that the facilities are maintained in an attractive and operational manner. Failure to maintain said structures will be grounds for enforcement of the Property Maintenance Ordinance, including nuisance abatement procedures. Concrete paving shall be constructed and maintained in accordance with City standards. Exhibit-A " Resolution No. 3688 ' VAR-99-003 Page 3 PLAN SUBMITTAL (1) 3.1 Prior to installation, the applicant shall obtain a building permit for the fence and gates. (5) 3.2 At the time of building permit application, the plans shall comply with the latest adopted Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS DEPARTMENT (1.) 4.1 In addition to the Encroachment Permit issued on August 9, 1999 for construction of a drive apron in the public right-of-way; the applicant shall obtain an encroachment permit for all improvements that would be installed in the public right-of-way including, but riot limited to, the landscaping, fencing, driveway, concrete paving and vehicular and pedestrian access/gate. (1) 4.2 The applicant will be required to obtain an Encroachment Permit from the Public Works Department for all improvements constructed within the public right-of-way. The.following conditions shall be incorporated into the Encroachment Permit: a. -The parcel at 330 California Street is the property benefited by this Encroachment Permit (the Benefited Property). The "Benefited Property Owner' or, "Owner" is' the real property owner of the Benefited Property and includes.any successor-in-interest thereto. b. The Permit is for the Benefited.Property Owner's exclusive use and is transferable only to' a successor.,Benefited Property Owner and only upon,written notice to ,City of the Successor Owner (s)' written acceptance-of the.Permit and of its conditions. A sale or transfer of the Benefited Property without notice to the City in accordance with . this Section B shall not effect a. transfer of this Permit, and the Permit shall lapse. C. Upon revocation, 'lapse, or termination of the Permit, the Benefited, Property Owner shall restore 'the Permit Area to its original condition. d. To the extent real property taxes are assessed on the property Within the Permit Area, such taxes shall be.promptly paid by the Benefited Property Owner. -Exhibit A Resolution No. 3688 VAR 99-003 Page 4 e. The Benefited Property Owner shall obtain and maintain Liability Insurance for the facilities installed and shall. cause City to be named as an additional insured. f. Notwithstanding the obligation in (e) above, the Benefited Property Owner shall defend, indemnify, and hold harmless the City of Tustin from any and all claims, lawsuits,, liability, penalties; or damages, including damage to the. City's facilities arising from installation, maintenance, and use of the facilities in Permit Area by any person, including City, but this obligation does not apply to City's sole negligence or willful misconduct. Revocation, lapse, or termination of the Permit shall not effect a termination of this obligation of the Benefited Property Owner provided that the facts giving rise to the claim arose when the Benefited Property Owner had access to the Permit Area. g. Any facilities installed in the Permit Area by the Benefited Property Owner shall be completed lien-free. h. The Benefited Property Owner shall relocate immediately, at Owner's sole expense, the facilities installed in the Permit Area or remove the facilities at Owner's sole expense when requested toL do , so by City to make way for uses by City, City franchisees, water or sewer agencies, or any use of the Permit Area by a person with a superior legal right to use the Permit Area. FEES (1) 5.1 Prior .to issuance of any building permits, payment shall be made of all applicable building plan check and permit fees 'to the Community Development Department. Payment shall be required based on those rates in effect at the time of payment and are. subject to change. (1) 5.2 Prior to work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 5.3 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 with the County Cleric, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight(48) hour period,the applicant has not delivered to the Community Development Department-the above noted check, the approval for the project granted herein shall be considered automatically null and • void. ITE=M #4 V O�0 4P ATE: SEPTEMBER 13, '1999 ! n t e r- C O m TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: STATUS REPORTS RECOMMENDATION Receive and file. BACKGROUND Please find attached the current status reports related to development activity in the City. There are two reports provided: 1. Development Review Status Report- Citywide 2. Development Review Status Report- East Tustin Staff would be happy to respond to any questions the Commission may have at the meeting. rte- Karen Peterson Acting Senior Planner pereportslstatreptl 0-99 COMMUNITY DEVELOPMENT DEPARTMENT CURRENT PLANNING PROJECT STATUS - NOT INCLUDING EAST TUSTIN PROJECTS PROJECT STATUS LEGEND DATE OF REPORT: September 8, 1999 01 - ORIGINAL SUBMITTAL 05 - PROJECT APPROVED SORT: LEGEND ITEMS 01-07 02 RESUBMITTAL 06 - PLAN CHECK 03 - COMMENTS OUT%PENDING APPLICANT RESPONSE 07 - PERMITS ISSUED/UNDER CONSTRUCTION _ 08 - PROJECT COMPLETE TENTATIVE HEARING DATES 09 - WITHDRAWN 10 - EXPIRED 04.1 ZONING ADMINISTRATOR 11 - DENIED 04.2 - PLANNING COMMISSION 12 - REVOKED 04.3 - CITY COUNCIL STATUS RESPONSE CASE N APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAFF CUP99-020 Reverend Mark E. Whitlock 1541 PARKWAY LOOP church in'Industrial 01 08/19/99 09/15/99 Minoo Ashabi TPM99-197 Consolidated Restaurants 13922 RED HILL AV Lot Consolidation 01 09/02/99 09/23/99 Brad Evanson CUP99-016 Denise Menz 14392 HOLT AV Second Unit 02 09/01/99 09/22/99 Brad Evanson DR 98-024 ASL Consulting Engineers 235 E MAIN ST Reservoir and parking 02 08/25/99 09/16/99 Lori Ludi DR 99-020 Ed and Diane Finkbeiner 163 MOUNTAIN VIEW D New Residence 02 08/16/99 09/13/99 Minoo Ashabi DR 99-021 Ed and Diane Finkbeiner 165 MOUNTAIN VIEW D New Residence 02 08/16/99 09/13/99 Minoo Ashabi DR 99-022 Jersey Business Center As 2741 WALNUT AV New 35,000 S.F. Building 02 08/30/99 09/20/99 Minoo Ashabi CUP98-018 Orange County Rescue Miss MCAS PA3 Emergency/Transitional Housing 03 09/03/98 Lori Ludi CUP96-031 Akira Takashio 658 EL CAMINO REAL Amendment: 39 Seat Expansion 03 08/25/99 Justine Willkom CUP99-007 American Senior Living 1101 SYCAMORE AV 60-Unit Senior Housing Project 03 04/26/99 Justin Wilkhom CUP99-009 Willy Paul, Architect 1352 IRVINE BL Law Office & School 03 05/06/99 Lori Ludi . CUP99-012 Sprint PCS 15201 WOODLAWN AV 601 Monopole w/ 12 Antennas 03 06/24/99 Lori Ludi CUP99-017 Alex Mann 1091 IRVINE BL Live Entertainment/Tustin Lanes 03 08/24/99 Lori Ludi CUP99-019 Donald Frizzell 1111 EL CAMINO REAL 90-Student Pre-School/8 Staff 03 09/07/99 Brad Evanson DR 98-018 Orange County Rescue Miss MCAS PA3 Emergency/Transitional Housing 03 09/03/98 Lori Ludi DR 98-032 Arther Masaoka 140 A ST Demo/New Residence 03 07/14/99 Karen Peterson DR 98-036 Hal Woods 12569 NEWPORT AV New Building 03 08/19/99 Lori Ludi DR 99-006 _American Senior Living 1101 SYCAMORE AV 60-Unit Senior Housing Project' 03 04/26/99 Justine Wilkhom DR 99-010 Media One Phase II: 12 Power Supply Cabinets 03 06/24/99 Minoo Ashabi DR 99-012 Media One Phase III: 50 Power Supply Cabinets 03 08/11/99 Minoo Ashabi DR 99-024 Media One Phase IV: 6 Power Supply Cabinets 03 08/19/99 Minoo Ashabi DR 99-027 Conrad & Denise Sawicz 13571 FAIRMONT WY Residential Remodel 03 08/16/99 Brad Evanson DR 99-028 Media One Phase V: 6 Power Supply Cabinets 03 08/23/99 Minoo Ashabi Page � • STATUS RESPONSE CASE 4 APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAFF GPA99-002 American Senior Living 1101 SYCAMORE AV MDR to HDR 03 04/26/99 Justine Wilkhom SCE99-004 'Jerry Firth 12821 NEWPORT AV Wall Sign 03 07/14/99 Lori Ludi/Lauren VAR99-001 American Senior Living 1101 SYCAMORE AV 60-Unit Senior Housing 03 04/26/99 Justina Wilkhom ZC 98-006 Hal Woods 12569 NEWPORT AV New Building 03 08/19/99 Lori Ludi ZC 99-003 American Senior Living 1101 SYCAMORE AV R-4 to R-3 03 04/26/99 Justine Wilkhom CUP99-018 Mel Malkoff 2111 BRYAN AV Expansion of pre-schoolto 79/modular unit. 04.2 09/13/99 Lori Ludi DR 99-029 Mei Malkoff 2111 BRYAN AV Expansion of pre-school to 79/modular unit. 04.2 09/13/99 Lori Ludi VAR99-003 Willis Sutcliff 330 CALIFORNIA ST Fence Height Variance 04.2 09/13/99 Minoo Ashabi UD 99-002 Orange County Produce DEL AMO AV Use Determination for Farming 04.3 09/20/99 Brad Evanson. CUP98-022 Jack StanaLand 13011 NEWPORT AV Add parking on vacant ROW 05 07/06/99 Justine WiLLkom CUP98-028 Dr. Craig/Dr. Lavach 2955 EDINGER ST Veterinary Hospital at Jamboree Plaza 05 01/05/99 Brad Evanson CUP99-002 Consolidated Restaurants 13922 RED HILL AV CUP 99-002(A)&(B) Restaurant/Pole Sign 05 08/09/99 Brad Evanson CUP99-003 Craig Wasserman 675 EL CAMINO REAL Entertainment Permit 05 03/22/99 Scott Reekstin CUP99-004 Pacific Bell Wireless 14451 MYFORD RD Modification of existing cell site. 05 - 04/12/99 Minoo Ashabi CUP99-008 Michael & Lisa Broome 3047 EDINGER ST Vetrinary Nuclear 'Imaging 05 05/10/99 Minoo Ashabi DR 98-026 Jack Stanaland 13011 NEWPORT AV Add parking on vacant ROW 05 07/06/99 Justina Willkom DR 99-001 Consolidated Restaurants 13922 RED.HILL AV New Drive-thru Restaurant 05 07/12/99 Brad Evanson. OR 99-009 Euilon Enterprises 13891 RED HILL AV Exterior Remodel of Shell Station '05 07/21/99 Minoo Ashabi DR 99-015 Audrey Heredia 355 C ST Gazebo/Removal of Parking 05 06/21/99 Minoo Ashabi DR 99-016 Tyrone Hurtado 305 6TH ST Residential Remodel 05 07/19/99 Minoo Ashabi .DR 99-023 Hien Pham 14092 c ST Kitchen/Bath Expansion 05 07/16/99 Minoo Ashabi/Lauren DR 99-025 .Curt and Sheila Lilly 145 A ST Reconstruction of fire-damaged residence. 05 07/27/99 Brad Evanson SCE99-001 Consolidated Restaurants .13922 RED HILL AV SCE 99-001(A)&(B) Wall/Pole Sign 05 08/09/99 Brad Evanson CUP97-005 'Ben'nett Architects 535 E MAIN ST Appeal Carwash/Service Station/Retail _06 06/22/99 Brad Evanson CUP98-007 Alegre Associates 12972 NEWPORT AV Appeal - Lube/Oil Facility 06 06/16/99 Lori Ludi CUP98-013 The Meridian Group 3017 EDINGER ST ABC Type 20 06 02/10/99 Karen Peterson CUP98-023 Barbara KruLl 1091 BRYAN AV 60 Student Preschool 06 01/11/99 Justina Willkom CUP99-013 Vons 550 IST ST Vons expansion of=11,400 square feet. 06 07/12/99 Brad Evanson 'CUP99-015 Greg Bennet c/o Jennifer 155 EL CAMINO REAL Mail Order Use/Parking Ratio 06 06/25/99 Lori Ludi OR 95-044 Michael A. Murphy& Assoc 2832 DOW AV Parking Lot Expansion 06 11/20/98 Justina Willkom DR 96-056 The Meridian Group 3017 EDINGER ST Service Station/Conv. Market 06 02/10/99 Karen Peterson DR 97-031 City of Tustin 13331 FOOTHILL BL city Water Reservior Booster,'Pump 06 06/08/98 Lori Ludi DR 98-006 The Meridian Group 3017 EDINGER ST Service Station/Conv. Market/Drive-thru 06 02/10/99 Karen Peterson DR'98-007 Alegre Associates 12972 NEWPORT AV Appeal - Lube/OiL Facility 06 06/16/99 Lori Ludi DR 98-022 William B. Standford O.D. 190 EL CAMINO REAL Remodel 06 06/04/99 Minoo Ashabi DR 98-034 DeBeikas/Jeff Bergsma 765 EL CAMINO REAL _ Exterior Rehab 06 08/12/99 Lori Ludi Page 2 • STATUS RESPONSE CASE 0 APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAPP DR 99-OD7 City of Tustin Commuter Rail Platform 06 05/10/99 Scott Reekstin DR 99-014 Greg Bennett 155 EL CAMINO REAL New Building 06 08/25/99 Lori Ludi DR 99=019 Vons 550 IST ST Vons expansion of 11,400 square feet. 06 07/12/99 Brad Evanson TPM97-117 Bennett Architects 535 E MAIN ST Carwash/Service Station/Retail 06 06/22/99 Brad Evanson CUP96-019 James Kincannon 14752 HOLT AV 10 Person Rest Home 07 04/16/98 Lori Ludi CUP96-020 Service Station Services 13B91 RED HILL AV Time Extension - Station.RemodeL 07 03/29/99 Minoo Ashabi CUP97-006 Richard Rengel 333 EL CAMINO REAL Office Addition 07 02/09/99 Karen Peterson CUP98-021 .IEA 630 E IST ST New monument signs 07 09/28/98 Minoo Ashobi CUP98-026 Alex Gaon 500 C ST Medical office use in R-3 zone. 07 03/24/99 Minoo Ashabi CUP98-037 David Smith/Bally Fitness 630 EL CAMINO REAL Health Club 07 04/12/99 Lori Ludi CUP99-011 Tustin Presbyterian Churc 225 MAIN ST Monument Sign w/ Changeable Copy 07 08/24/99 Minoo Ashabi DR 95-037 Ralph Turner 235 5 MYRTLE ST Remodel/Addition 07 02/05/96 Dan Fox DR 96-007 Chevron USA 13052 NEWPORT AV Soil Remediation 07 07/14/98 Brad Evanson DR 96-044 Kimberly Sarnhard 265'S PACIFIC ST Room addition and detached garage - old Town 07 10/10/96 Karen Peterson DR 96-053 MC WILLIAMS, TRAVIS 0 32B W 3RD ST Roof Remodel 07 01/17/97 Karen Peterson DR 97-009 Bennett Architects 535 E MAIN ST Appeal Carwash/Service Station/Retail 07 04/09/99 Brad Evanson DR 97-010 Aleksandar Mackovski 13472 EPPING WY Room Addition 07 09/25/97 Karen Peterson DR 97-011 Richard Rengel 333 EL CAMINO REAL Office addition 07 02/09/99 Karen Peterson DR 97-012 Patrick Mattison 510 S 0 ST Room Addition 07 10/01/97 Karen Peterson DR 97-018 Julie Chamberlain Archite 158 N MOUNTAIN VIEW,D Residential Remodel 07 01/16/98 Brad Evanson DR 97-034 Terry Tull 165 S PACIFIC,ST Rooni Addition 07 10/05/98 Minoo Ashabi DR 98-013 McCausland, Charles 8 Ali 135 S A ST Second Dwelling Unit 07 04/22/99 Minoo Ashabi DR 98-017 BORUSKY, THOMAS J 160 N B ST Residential Remodel 07 08/19/98 Lori Ludi DR 98-023 Custom Signs, Inc. 1091 OLD IRVINE BL Neon Sign, Paint/Reface pole sign 07 09/29/98 Brad Evanson DR 98-028 KRULL, BARBARA J. 1091 BRYAN AV 60 Student Preschool 07 05/07/99 Justina Willkom DR 98-030 Arnold Surfas 145 1sT ST Exterior Modification 07 03/10/99 Minoo Ashabi DR 98-037 Jerry Soxman/Leslie Mitch 13792 MALENA DR Room Addition/Remodel 07 03/22/99 Justina Wilkom DR 99-002 John $ Dori Radice 180 A ST Porch Addition 07 04/26/99 Minoo Ashabi DR 99-004 Jahangeer Shahidzadeh 465 6TH ST Remodel/Room Addition 07 06/07/99 Brad Evanson DR 99-013 William H. Barstow 14282 WILLOW LN Residential Remodel 07 07/08/99 Minoo Ashabi SCE98-003 PBMS 2521 MICHELLE DR Increase sign area 07 10/28/98 Lori Ludi VAk98-005 E/C Engineering 1452 EDINGER ST Equipment Building encroaching into Streetsid 07 02/17/99 Minoo Ashabi *** END OF REPORT *** 1 Page • • CO Op ENT DEP RT EN • • MMUNITY QEVEL M A M T CURRENT PLANNING PROJECT STATUS - EAST TUSTIN PROJECTS PROJECT STATUS LEGEND DATE OF REPORT: September 8, 1999 01 - ORIGINAL SUBMITTAL 05 - PROJECT APPROVED SORT! LEGEND ITEMS 01-07 02 - RESUBMITTAL 06 - PLAN CHECK 03 - COMMENTS OUT/PENDING APPLICANT RESPONSE 07 - PERMITS ISSUED/UNDER CONSTRUCTION 08 - PROJECT COMPLETE TENTATIVE HEARING DATES _ 09 - WITHDRAWN 10 EXPIRED 04.1 - ZONING ADMINISTRATOR 11 - DENIED 04.2 - PLANNING COMMISSION 12 - REVOKED 04.3 - CITY COUNCIL PROJECT LOCATION STATUS RESPONSE CASE W APPLICANT LOT TRACT DESCRIPTION STATUS DATE DUE STAFF MA 99-002 Hunsaker &Associates Increase Wall Height 01 08/27/99 09/16/99 Brad Evanson DR 95.-045 HOME DEPOT Monitor outside display area 02 01/13/00 Karen Peterson CUP98-025 The Church 7 12870 900 Seat Church/Pre School 03 11/11/98 Lori Ludi DR 98-029 The Church 7 12870 900 Seat Church/Pre.SchooL 03 11/11/98 Lori Ludi DR 99-026 Congregation B'Nai Israel Disabled Access Lift 03 08/16/99 Brad Evanson DR 96-054 The Irvine Company 24 13627 113 Custom Home Sites, Equestrian Center 05 02/12/98 Karen Peterson DR 99-018 Richard Chang,' Old Navy Storefront Modification OS 06/28/99 Brad Evanson HR 96-002 The Irvine Company 24 13627 113 Custom Home Sites, Equestrian Center 05 02/12/98 Karen Peterson TT 14396 Irvine Connunity DeveLopm 24 13627 113 custom Home Sites, Equestrian Center 05 02/12/98 Karen Peterson DR 96-050 Mr. MeL Mercado 27 13627 162 SFD 07 01/19/98 Minoo Ashabi DR 96-057 John Laing Homes 4 12870 75 SFD 07 04/16/98 Lori Ludi DR 97-014 LPA, Inc. Auto dealer/museum 07 04/09/98 Minoo Ashabi DR 97-019 RieLLy Homes, Inc. 19 12870 Add New Recreation Facility 07 02/23/98 Karen Peterson DR 97-035 Warmington Homes 26 13627 44 sfd 07 07/09/98 Karen Peterson DR 98-012 BrookField Homes 9 13627 114 sfd 07 12/07/98 Karen Peterson DR 98-015 Standard Pacific 24 13627 46 sfd on Tract 15563 07 10/15/98 Karen Peterson DR 98-027 James H. Parkinson Exterior remodel/Remove canopy 8 office build 07 10/01/98 Lori Ludi DR 98-031 Frank Bennett Development'of 2 pads in Tustin Annex 07 08/11/99 Lori Ludi HR 98-001 Wormington Homes 26 13627 HILLSIDE REVIEW 07 06/01/98 Karen Peterson HR 98-002 Brookfield Homes 9 13627 114 sfd 07 12/07/98 Karen Peterson TT 15380 Mr. MeL Mercado 27 13627 162 SFD, Amend Conditions 07 01/19/98 Minoo Ashabi Page 1 PROJECT LOCATION STATUS RESPONSE CASE 0 APPLICANT LOT TRACT DESCRIPTION STATUS DATE DUE STAFF TT 15420 John Laing Homes 4 - ,12870 75 SFD 07 01/30/98 Lori Ludi TT 15568 Kaufman& Broad Coastal, 19 13627 130 SFD 07 04/16/98 Lori Ludi 'TT 15601 Narmingtoh Homes 26 13627 44 sfd 07 06/01/98 Karen Peterson _ TT 15681 BrookField Homes 9 13627 114 sfd 07 12/07/98 Karen Peterson *** END OF REPORT *** Page 2 • • - ITEM#5 eportYto the �USTt� canning Commissio,n - DATE: SEPTEMBER 1.3, 1999 SUBJECT: CITY:000NCILACTION AGENDA, SEPTEMBER 7, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCILACTION AGENDA-SEPTEMBER 7, 1999 - 1I I5 1 ACTION AGENDA CITY COUNCIL REGULAR MEETING SEPTEMBER 7,• 1999 7:03 P.M.. CALL TO ORDER GIVEN INVOCATION - Dr. Rebecca Prichard, Tustin Presbyterian Church PRESENTED,COLORS: PLEDGE OF ALLEGIANCE - Boy Scout Troop 323 ALL PRESENT ROLL CALL PRESENTED PROCLAMATION - (1) Bobby Sox National Champions, and" .(2) Senior .Advisory Board Retirees, .lean Lowry and Don. Miller (Margarete Thompson accepted on behalf• of Don Miller, Who passed away August 23). PUBLIC INPUT JOHN GARNER AND.DAN YORK: FORMER PAID 'CALL FIREFIGHTERS, EXPRESSED CONCERN _ REGARDING ORANGE COUNTY FIRE AUTHORITY RESERVE PROGRAM'S LEVEL OF SERVICE AND EQUIPMENT, AND REQUESTED- THE CITY COUNCIL EXPLORE ALL OPTIONS REGARDING FIRE CONTRACT RENEWAL NONE PUBLIC HEARING -None CONSENT CALENDAR ( ITEMS 1 THROUGH- 20 ) APPROVED 1. APPROVAL OF [MINUTES — AUGUST 16, 1999 REGULAR MEETING Recommendation: Approve the City, Council Minutes of August 16, 1999. APPROVED 2.. APPROVAL OF DEMANDS AND 'RATIFICAT[ON OF PAYROLL Recommendation: . Approve Demands in the amount of $1,463,7.62.85 and ratify Payroll in'. the amount of $379,057.99. t Action Agenda—City Coluncil September 7, 1999— Page Z . RATIFIED 3. PLANNING COMMISSION ACTION AGENDA — AUGUST 23, 1999 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 August 23, 1999., ADOPTED 4. RESOLUTION NO. 99-69 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-69 RELATING TO THE COMPENSATION OF PART-TIME EMPLOYEES OF THE CITY Recommendation: Adopt Resolution No. 99-69 to provide a cost of living increase to the part-time salary schedule of 2% as granted to other general employees of the City as recommended by Personnel Services. APPROVED 5. AUTHORIZATION OF A CHANGE ORDER FOR PREPARATION OF THE JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (EIS/E1R) FOR THE DISPOSAL AND REUSE OF THE FORMER MCAS TUSTIN Recommendation: Authorize the City Manager to execute an amendment to .-the Consultant Services iAgreement with the firm of HNTB for preparation of the. Reuse .Plan/Specific Plan and: Joint EIS/EIR for the Disposal and Reuse of the former MCAS Tustin subject to approval of the City Attorney as recommended by the Redevelopment Agency staff. ADOPTED 6. RESOLUTION NO. 99-73 - A RESOLUTION OF THE CITY . RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-73 AUTHORIZING THE USE OF THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA CONTRACT FOR THE PURCHASE OF CERTAIN EQUIPMENT Recommendation: Adopt Resolution No. 99-73 authorizing the expenditure of ': $160,644.00 plus applicable taxes of Asset Forfeiture funds to proceed with this project as recommended by the Police Department. APPROVED 7. " CENSUS 2000 UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. Action Agenda —City Council September 7, 1999— Page 2 APPROVED 8. DENIAL OF CLAIM NO. 99-23, CLAIMANT: ANI CRUZ Recommendation: Deny subject claim and direct the City Clerk to send .notice to the claimant and the claimant's attorney as recommended by the City Attorney. • APPROVED 9. DENIAL OF CLAIM NO. 99-24, CLAIMANT: PATRICIA HERRICK Recommendation: Deny subject, claim and direct the City Clerk to send notice• to the claimant and the claimant's attorney as recommended by the City Attorney. APPROVED 10. MOBILE AUDIO/VIDEO EQUIPMENT REPLACEMENT SUMMARY Recommendation: Authorize purchase of five Kustom Signals "Eyewitness" Mobile Audio . Systems from Kustom Signals, Inc., 9325 Pflumm, Lenexa, Kansas, as recommended by the Police Department. " APPROVED 11. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Recommendation: (1) Increase the outstanding loan balance to the"South Central Project Area to $2,000,000• until August 31, 2000; (2) Increase the outstanding loan balance to the. MCAS Tustin Project Area to $700,000 until August •31, 2000; . and (3) Authorize the Chairperson of the Agency and the Mayor to execute subject agreement for 1999-00, offering and accepting a loan and various services from the City to the Agency totaling approximately $3,380,000 for fiscal year 1999- 00 as recommended by the Finance Department. ADOPTED 12. RESOLUTION NO. 99-66 - A RESOLUTION'OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, . . NO. 99-66 APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 001-M1 TO THE ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 12-5271 FOR THE RED HILL AVENUE REHABILITATION PROJECT (CIP NO. 7124) Recommendation: Adopt Resolution No. 99-66 approving Program.Supplement-Agreement No. 001-M1 to Administering Agency-State Master Agreement No. 12-5271 and authorize the Mayor and City Clerk to execute said agreement on . behalf" of the City as, recommended by the Public Workss Action Agenda--City Council September 7, 1999— Page 3 Department/Engineering Division. APPROVED 13. RELEASE OF BONDS FOR TRACT NO. 15563 (TUSTIN RANCH ESTATES) Recommendation: Authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 19-60-78, $282,000; Labor and Materials Bond No. .19-60-68, $141,000; and Monumentation Bond No. 19-60-7.9', $17,800 as recommended by the Public Works Department/Engineering Division. APPROVED 14. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14168 (SAN MIGUEL) Recommendation: 'Authorize release of the following Monumentation Bond for Tract No. 14168 for the indicated amount: Monumentation Bond No. 3.11-3311- 8080, $10,000 as recommended by the Public Works Department/Engineering Division'. APPROVED 15. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14669 (SAN MIGUEL) Recommendation: Authorize release of the following Monumentation Bond for Tract No. 14669 for the. indicated.amount: Monumentation Bond No. 111-4148- 7774, $8,400 as recommended by the. Public Works Department/Engineering Division. - ,ADOPTED 16. RESOLUTION NO. 99-75 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-75 SUPPORTING THE "FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE" Recommendation: Adopt Resolution No. 99-75 to support the "Fair Competition and Taxpayer Savings Initiative" and direct the City Clerk to forward the City's position to the League of California Cities as recommended by the Public Works Department. APPROVED 17. AWARD OF CONTRACT FOR CONSTRUCTION OF WATER MAIN REPLACEMENTS (CITY PROJECT NOS. 6087, 6141 AND 6142) Recommendation: Award contract for subject_projects to Steve Casada Construction Company, Inc. of Anaheim, California, in the amount of $729;005 and authorize the Mayor and City Clerk to execute contract documents on behalf of the City as recommended by the Public Works Department/Water Division. Action Agenda—City Council September 7,, 1999— Page 4 RECEIVED- 18. YEAR 2000 PLAN UPDATE REPORT— SEPTEMBER AND FILED Recommendation: Receive and file subject report as recommended by the Finance and Community Development Departments. ADOPTED 19. RESOLUTION N0: 99-71 - A RESOLUTION OF THE.CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-71 ADOPTING A DEFERRED COMPENSATION MATCHING PLAN FOR MANAGEMENT EMPLOYEES OF THE CITY Recommendation: Adopt Resolution No. 99-71 creating the City of Tustin Deferred Compensation Matching Plan and Trust, and authorize the City Manager to execute the Deferred Compensation Matching Program Administrative Agreement as recommended by the -Finance Department. ADOPTED 20. RESOLUTION NO. 99-70 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-70 ADOPTING THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES RESTATED PLAN DOCUMENT AS ADOPTED BY THE UNITED STATES, CONFERENCE OF MAYORS Recommendation: Adopt Resolution No. 99-70 adopting the City's Restated Deferred Compensation Plan Document as -provided by the United States Conference of Mayors as recommended by the Finance Department. REGULAR BUSINESS ( ITEM 21 ) ADOPTED 21. ORDINANCE NO. 1220, GARAGE SALE REGULATIONS ORDINANCE NO. 1220 Ordinance No. 1220 was introduced at the August 16, (4-0 JP AB) " 1999.City Council meeting. Recommendation by the City Clerk's Office: 1. Have second reading by title only of Ordinance No. 1220. 2. With a roll call vote, adopt the following Ordinance No. 1220: - ORDINANCE 220: -ORDINANCE NO. 1220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE REGULATIONS FOR _- GARAGE SALES Action Agenda —City Council September 7, 1999 — Page 5 NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS POTTS: NOTED A LETTER RECEIVED COMMENDING WEST COAST ARBORISTS' JOB PERFORMANCE • REQUESTED STATUS REPORT ON ROBERTA CLEARY'S - REQUEST TO CHANGE STREET NAME BRUNO DRIVE 'TO BRUNS DRIVE. COUNCIUSTAFF DISCUSSION FOLLOWED REGARDING RESIDENTS OPPOSING NAME CHANGE, LEGALITY-OF NAME CHANGE, NAMING A NEW STREET, EXPLORING OPTIONS, AND FORWARDING LETTERTO MS. CLEARY. y STATED HE WOULD NOT PARTICIPATE IN TILLER DAYS PARADE BECAUSE CANDY COULD NOT BE THROWN TO CHILDREN. 'COUNCIL/STAFF DISCUSSION FOLLOWED REGARDING INSURANCE.- LIABILITY, WHEELBARROW DISTRIBUTION, AND EXPLORING ALTERNATIVES. r SALTARELLI: CLARIiFIED THAT RECENT HUNTINGTON BEACH CLOSURE WAS DUE- TO' A BACTERIAL CONTAMINATION AND WAS NOT CAUSED BY A SANITATION DISTRICT SEWAGE LEAK THOMAS: REMINDED EVERYONE HE WOULD NOT ATTEND THE SEPTEMBER 20 COUNCIL MEETING DOYLE: EXPRESSED OPPOSITION TO THE CITY FUNDING-- THE LIGHTING AND MAINTENANCE OF SPORT FIELDS AT PIONEER MIDDLE SCHOOL,'AND WANTED THE FUNDING USED FOR TUSTIN LEGACY PARK EXPRESSED CONCERN REGARDING SER_ ICE LEVEL AND EQUIPMENT UTILIZED BY ORANGE COUNTY FIRE AUTHORITYRESERVE PROGRAM VS. PAID - CALL FIREFIGHTER PROGRAM, AND REQUESTED THE MATTER BE AGENDIZED SEPTEMBER 20TH WITH CHIEF PRATHER IN ATTENDANCE TO RESPOND TO QUESTIONS REPORTED HE HAD RECEIVED COMPLAINTS FROM RESIDENTS REGARDING MEDIA ONE'S SCRAMBLING OF, THE A &'E CHANNEL BROADCASTS REQUESTED ADJOURNMENT IN MEMORY OF CHARLES HOBBS, - FORMER OWNER OF HOBBS TRUCKING COMPANY Action Agenda -City Council September 7, 1999—;Page16 WORLEY: REPORTED THAT COX COMMUNICATION 'WAS - NOT EFFICIENTLY SCRAMBLING THE ADULT CHANNELS EXPRESSED APPRECIATION"TO THE TUSTIN UNIFIED* SCHOOL DISTRICT BOARD OF EDUCATION FOR BELIEVING IN THE IMPORTANCE OF SHARING PUBLIC ASSETS REQUESTED STATUS ON .PLAZA LAFAYETTE TRAIL. REQUESTED POLICE PATROL AT PIONEER MIDDLE SCHOOL TO EASE TRAFFIC CONGESTION- , REQUESTED' COUNCIL REVIEW THE LEGALITY OF THE CITY'S EXISTING ORDINANCE REQUIRING A SEATED PLANNING COMMISSIONER TO RESIGN UPON RUNNING FOR ELECTIVE OFFICE AND - REQUESTED .SURVEYING SURROUNDING CITIES NOTED THAT PROPOSED, PIONEER SCHOOL LIGHTING AGREEMENT WITH SCHOOL DISTRICT WOULD PROBABLY ALLOW CITY- USE OF THE FIELDS SOONER THAN Z8 MONTHS NONE CLOSED SESSION - The CityCouncil. shall convene in closed i session to confer with the City Attorney regarding pending litigation to. which the City is a party pursuant to Government Code Section 94596.9: Sara Pashalides vs. City of.Tustin, et. al. 7:59 P.M. ADJOURNMENT - The next regular meeting of the. City- IN MEMORY OF Council'is scheduled for Monday, September 20, 1999, at CHARLES HOBBS 7:00 p.m. in the Council Chamber at 300 Centennial Way. AND DON MILLER Action Agenda --City Council September 7, 1999 Page 7 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 7, 1999 7:59 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 3 ) APPROVED 1. APPROVAL OF MINUTES — AUGUST 16, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of August 16, 1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $179,984.67. • P 0 APR VED STAFF 3. WORKING CAPITAL LOAN AND ADMINISTRATIVE RECOMMENDATION SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY The approval of this loan and administrative services agreement between the Redevelopment Agency and the City of Tustin will comply with Section 33675 of the California Health and Safety Code regarding the allocation ' and payment of tax increment 'to Redevelopment Agencies, and provide the resources necessary to carry out the Agency's adopted programs in the South Central Project Area and the to be created MCAS Tustin Project Area. Recommendation by the.Finance Department: 1. Increase the outstanding loan balance to the South Central Project Area to $2,000,000 until August 31, 2000. 2. Increase. the outstanding loan balance to the MCAS Tustin Project Area to $700,000 until August 31, 2000. Action Agenda—Redevelopment Agency September 7, 1999—Page 1 3. Authorize the Chairperson of the Agency and the Mayor to execute subject agreement for 1999-00, offering and accepting a loan and various service from the City. to the Agency totaling approximately $3,380,000 for fiscal year 1999-00.. NONE OTHER BUSINESS NONE CLOSED SESSION - None 8:00 P.M. ADJOURNMENT - The next regular meeting of the Redevelopment:Agency is scheduled for Monday, September .20, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda--Redevelopment Agency September 7, 1999—Page 2