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HomeMy WebLinkAbout08-09-99 PC PACKET Abi AGENDA 'TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 9, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious ROLL CALL: Chairperson Pon,tious, Bell, Davert Kawashima and Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH: TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU, WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTIONI.) Planning Commission Agenda August 9, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the July 12 1999 Planning Commission Meeting. 2. Seating of Commissioner Bell 3. Planning Commission Reorganization Recommendation —That the Planning Commission follow procedures contained in the staff report to elect a Chairperson and Chairperson Pro-tem. PUBLIC HEARINGS: .4. Continued Public Hearinq for Conditional Use. Permit 99-002(B) .and Sign Code Exce tion 99-001B a request for a conditional use permit and sign code, exception .to install one (1) freestanding freeway sign, forty-five (45) feet in height with a -120 square foot sign cabinet. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2). OWNER/° EDGAR PANKEY TRUST .APPLICANT: KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA Recommendation Adopt Resolution No. 3686 'approving Conditional Use Permit 99-002(6) and Sign Code Exception 99-001(6) to authorize the- construction of.a freestanding .freeway sign, forty-five (45) feet in height, with a fifty (50) square foot sign cabinet for a future fast food restaurant,located at 13922 Red Hill Avenue. Presentation: Bradley Evanson, Assistant Planner Appeal Of Use Determination 99-002 a request to establish- agricultural uses within the Regional Center and the .Office Center land use designations of the Pacific Center East Specific Plan (PCESP). The project is located at the northeast comer of Valencia Avenue and SR-55 within the Planned Community (PC) subject to the Pacific Center East Specific Plan (PCESP): APPELLANT: A.G. KAWAMURA PROPERTY OWNER: . AAE PACIFIC PARK ASSOCIATES, LLC - f Planning Commission Agenda August 9, 1999 Page 3 Recommendation That the Planning, Commission adopt Resolution No. 3685 denying the appeal of Use Determination 99-002 and determining that agricultural uses are prohibited within the 'Regional Center' and "Office Center' land use designations of the Pacific Center East Specific Plan. Presentation: Bradley Evanson, Assistant Planner STAFF CONCERNS: 6. Report on Actions taken at the July 19 and August 2 1999 City Council Meetings Presentation: Elizabeth A: Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: Adjourn to a special Planning Commission workshop on August 11, 1999 at 5:30 p.m. and the 7:00 p.m. Special Joint Meeting with the U.S. Navy for the MCAS Tustin Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for disposal and reuse of the Marine,Corps Air-Station (MCAS)Tustin. A regular meeting of the Planning Commission will be held on August 23, 1999 beginning at 7:00. p.m., City Council Chambers, 300 Centennial Way, Tustin. i i MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 1211999 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kawashima ROLL CALL: Chairperson Pontious, Browne, Davert, Kawashima and Kozak Commissioners: Present: Chairperson Pontious Vice Chair Kozak Browne Davert - Kawashima 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 Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were addressed. CONSENT CALENDAR: 1. Minutes of the June 28. 1999 Planning Commission Meeting. Commissioner Davert moved. Commissioner Kawashima seconded, to approve the minutes. Motion carried 5-0. PUBLIC HEARINGS: 2. Public Hearing For Conditional Use Permit 99-002 Design Review 99-001 and Sign Code Exception 99-001 a request to establish a 3,322 square foot fast food Planning Commission Minutes July 12, 1999 Page 2 restaurant with drive-thru operations. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2) Zoning District. APPLICANT: KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA PROPERTY OWNER: EDGAR PANKEY TRUST Recommendation 1. That the Planning Commission adopt Resolution No. 3680 approving the environmental documentation; and, 2. That the Planning Commission adopt Resolution No. 3681 approving Conditional Use Permit 99-002, Design Review 99-009 and Sign Code Exception 99-001. The Public Hearing opened at 7:04 p.m. Bradley Evanson presented the subject report and noted changes made to the resolutions. Marshall Wilkinson, applicant, stated that the property is challenging to develop but he is pleased with the design. He stated his desire to have no restrictions placed on the hours of operation. Chaimerson Pontious asked staff if the hours could be amended at a later date. The Director responded that a portion of the conditional use permit could be amended. Marshall Wilkinson, applicant, stated that it would be logical to have a 24 hour operation next to the freeway. He stated their desire to locate the trash enclosure at the rear service door of the restaurant and would use landscaping to screen it from view. He asked the Planning Commission to consider delaying a decision on the pole sign. Commissioner Kozak asked the applicant if he considered placing the trash enclosure elsewhere on the site. Marshall Wilkinson, applicant, stated he had considered placing the trash enclosure at the far east end of the lot. Commissioner Kozak asked if a portion of the enclosure wall would be set in the berm. . The applicant submitted photos for the Commission's review. Planning Commission Minutes July 12, 1999 Page 3 Marshall Wilkinson, applicant, responded that there was no room for a berm and noted that Cal Trans will be taking property from the southeast corner to expand the freeway offramp. Commissioner Kawashima asked if trash trucks would be a disturbance to customers with the trash enclosure at the proposed location. Marshall Wilkinson, applicant, replied that the trash trucks would be scheduled during the time the restaurant is closed. Commissioner Browne asked how far above the berm the trash enclosure is set. Marshall Wilkinson, applicant, stated that the six foot cement block wall would be adjacent to the future sidewalk. The Public Hearing closed at 7:19 p.m. Commissioner Davert stated he met with the applicant and believes having the trash enclosure by the back door is the best solution and he is comfortable with the proposal to screen the trash enclosure. Chairperson Pontious asked if the landscaping could be conditioned and asked for photo _ p g simulations on the pole sign. The Director responded that Condition 4.1.2 could 'be modified to indicate that the trash enclosure shall be submitted for review by the Community Development Department for materials and screening. Commissioner Davert stated the photo simulations showing the sign at various heights would be helpful. Commissioner Kawashima asked for the background on previously approved signs in the area. Bradley Evanson responded that the Taco Bell sign was approved as a sign code exception in 1995 and the Carl's Jr. sign was also a sign code exception. The Director noted that the Planning Commission should consider visibility and the differential of lots with respect to the freeway and suggested the applicant could provide a photo simulation depicting the visibility if the sign met the code or how high it would need to be to be visible. Commissioner Browne asked staff if a curb might encourage traffic to turn right. Doug Anderson stated that in the 'traffic analysis splitting the traffic between the two intersections worked best for the on-site circulation. Planning Commission Minutes July 12, 1999 Page 4 Commissioner Kozak asked if it would be helpful for the applicant to install a right turn only sign and asked if the landscaping plan addresses;public trees. . Bradley Evanson stated that the plan does not include plants in the public right of way. The applicant indicated that they did not have a problem with installing a right tum only sign. The Director recommended that if there is consensus on the remaining aspects of the project that the Planning Commission exclude references to the pole sign from the resolution and continue that portion of the hearing to August 9'h. Commissioner Davert moved, Commissioner Kozak seconded, to adopt Resolution No. 3680 approving the environmental documentation for Conditional Use Permit 99-002, Design Review 99-001 and Sign.Code Exception 99-001. Motion carried 5-0. Commissioner Kozak moved Commissioner Davert seconded to adopt Resolution No. 3681 approving Conditional Use Permit 99-002, Design Review 99-001 and a portion of Sign Code Exception 99-001, amended as follows: Throughout entire resolution, where numbers are indicated, written format should be inserted and parentheses added around the numerical form Heading statement: third line, delete "A 'PORTION OF"; seventh line delete "AND DENYING A PORTION .OF SIGN CODE EXCEPTION 99-001, A REQUEST TO CONSTRUCT A FIFTY (50) FOOT TALL 180 SQUARE FOOT FREEWAY SIGN" I.A: Sign Code Exception 99-001 becomes Sign Code Exception 99-00.1(A); sixth line delete "and a single fifty (50) foot high pole sign" 1.13: 3): 10:00 a.m. becomes 6:00 a.m. F.1., delete second ,paragraph which starts "The proposed location of the pole sign..." F.2: delete "The proposed pole sign, appears out of scale with the proposed project." F.3: delete "pole and" F.4: delete second paragraph starting "The proposed fifty (50) foot tall pole sign..." F.5: Delete second sentence in second paragraph "The proposed pole sign..." 11.1: Conditional Use Permit 99-002 becomes Conditional Use.Permit 99-002(A) 11.2: Sign Code Exception 99-001 becomes Sign Code Exception 99-001(A) Planning Commission Minutes July 12, 1999 Page 5 11.3: deleted in its entirety Condition 1.4: CUP 99-002 becomes CUP 99-002(A) and SCE 99-001 becomes SCE 99-001(A) Condition 2.1.1): delete second sentence "Expanded information..." Condition 3.1: delete "and the proposed freeway sign shall be eliminated from the sign plans" Condition 4.12 changed to read: "The landscape screening and architectural design of the trash enclosdre shall. be subject to approval by the Community Development Department." _Condition 4.14: second,sentence inserted to read: "In addition to the directional striping on the plans, a.right-turn only exit sign shall be installed at the;end of the drive-thru aisle subject to review and approval by the Community Development Department and the City's Traffic Engineer." Condition 4:15: first sentence deleted"A preview board..." Condition 4.16 changed to read: "The property owner shall dedicate a parcel twelve (12) feet of additional street right-of-way along EI Camino Real from the existing end curb return (ECR) at the southeast corner of Red Hill Avenue and El Camino Real to the easterly boundary of the subject property, plus an additional parcel for the appropriate corner cut-off from the existing begin curb return (BCR) to the existing ECR at the southeast corner of Red Hill Avenue and El Camino Real .for future street widening. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These legal descriptions and sketches are to be submitted to the Engineering Division for review and approval prior to issuance of building permits. All dedications and/or offers of dedication shall also state that the City of_Tustin shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street improvements are constructed. The right-of-entry shall terminate on the date that the Notice of Completion of.Public Improvements is recorded at the Orange County Recorder's Office." Motion carried 5-0. The Public Hearing was reopened at 7:29 p.m. Commissioner Kozak moved. Commissioner Davert seconded, continue the pole sign issue to the August 9, 1999 meeting. Motion carried 5-0. 3. Public Hearing For Conditional Use Permit 99-013 And Design Review 99-001 are requests to: 1) expand an existing supermarket"into 3,200 square feet of existing vacant space and to construct an additional 8,200 square feet of new floor Planning Commission Minutes July 12, 1999 Page 6 area; and, 2) establish shared parking requirements for the Larwin Square .shopping center. The project is located at 550 E. First Street within the First Street Specific Plan. APPLICANTI JEFF HERBST MCA ARCHITECTS, INC. PROPERTY OWNER: LARWIN SQUARE MANAGEMENT Recommendation 1. That the Planning Commission adopt Resolution No. 3683 approving the environmental determination for the project; and, 2. That the Planning Commission adopt Resolution No. 3684 approving Conditional Use Permit 99-013 and Design Review 99-019. The Public Hearing opened at 7:30 p.m. Bradley Evanson presented the subject report and noted some changes made to the resolutions. Commissioner Davert asked if Condition 4.1.6 should be deleted. Bradley Evanson responded affirmatively. Chairperson Pontious asked where the trash enclosures were located. Bradley Evanson responded that trash enclosures were not included as part of the site plan but as part of project review and approval they will have to be approved by Great Western Reclamation and sited to allow for appropriate screening and emergency vehicle access. Chairperson Pontious asked if the trash enclosure location be conditioned. The Director read new language for Condition 4.1.6 into the record. Commissioner Kozak asked if elevation changes could be made to beautify the flat block wall by adding texture. The Director indicated that staff could work with the applicant on the appearance of the wall but indicated that the wall is adjacent to a service road. • Jeff Herbst, applicant, asked if Condition 3.1 could be deleted since new signs are not being proposed. Planning Commission Minutes July 12, 1999 Page 7 The Director indicated that Condition 3.1 could be deleted. Chairperson Pontious asked if the condition could be amended to apply to new signage only. Jeff Herbst, applicant, asked if Condition 4.1.0 related to downspouts applies to the existing downspouts on the facade. The Director indicated that the condition applies to any new downspouts. Jeff Herbst, applicant, noted that Condition 4.1.2 conflicts with Safeway's prototypical corporate theme for the entry which encourages customers to enter nearest the produce department. Chairperson Pontious stated that the center is eclectic in nature and the entries do not appear to be too unbalanced. Commissioner Kawashima asked the applicant if the centerpiece could be redone. Chairperson Pontious asked for Commission consensus on eliminating Condition 4.1.2. Commissioner Davert suggested modifying rather than deleting the condition. Commissioner Kawashima suggested the applicant modify the interior of the store to direct customers to the produce department. Commissioner Kozak noted that the condition states similar, not identical and perhaps the applicant could redesign the entrance. Commissioner Kawashima asked the applicant what is proposed for the area where the store is being expanded. Jeff Herbst, applicant, stated that the expanded area will contain the bakery and deli. Commissioner Browne stated that the Commission should allow the applicant to design the storefront as they wish. Commissioner Kozak asked the applicant if they could add trim to give the rear building wall more character. Jeff Herbst, applicant, responded that would be possible but that it would not be money well spent as the car wash remodel landscaping will hide any improvements to the wall. Chairperson Pontious asked for a vote for removing Condition 4.1.2. p g Commissioner Browne moved,. Commissioner Davert seconded, to remove Condition 4.1.2. Motion carried 4-1. Commissioner Kawashima was opposed. Planning Commission Minutes July 12, 1999' Page 8 Dick Kaye, property manager for Larwin Square, asked if Condition 4.1.4 refers to the rear of the building there was another condition he referenced and it was deleted. Bradley Evanson stated that the condition was supposed to be an adjunct to the Orange County Fire Authority.emergency access that it.be striped for emergency access. The Public Hearing closed at 7:50 p.m. Commissioner Kozak moved Commissioner Kawashima seconded, to adopt . Resolution No. 3683 approving 'the environmental' determination for the project. Motion carried 5-0. Commissioner Davert moved Commissioner Kawashima seconded, to adopt Resolution No. 3684' approving Conditional Use Permit 99-013 and Design Review 99-019 amended as follows: Condition 2.6 changed to read: "Within thirty.(30) days from.the date of project approval, the Owner shall submit a complete and accurate restriping plan for the parking areas, subject to approval by the Community Development Department. Said improvements shall be installed within ninety (90) days from the date of • project approval. Said plan shall be fully dimensioned, include a table summarizing the number of spaces within the parking area and their allocation to the individual .tenant spaces within the center, and incorporate landscaping in conformance with the City of Tustin Landscape and Irrigation Guidelines." Condition 3.1: last sentence changed to read "All new signage shall conform to the Larwin Square Master Sign Program." ; Condition 4.10 changed to read: "No new exterior downspouts shall be permitted; all new construction regarding roof drainage shall utilize interior piping, but may have exterior outlets at base of building." Condition 4.12 is deleted in its entirety and new Condition 4.12 to read: "The trash enclosure screening and landscaping shall be submitted. for review and approval by the Community Development Department. 'Conditions°4.16 and 4.17 are deleted in their entirety. Motion carried 5-0. 4., Conditional Use Permit 99-015 Desmon Review 99-014, and Tentative Parcel Map 99-161 are requests to: 1) combine three lots into one; 2) construct a 10,716 q 9 3) 'establish foot building; and, 3 s 'establish a mail order use and apply warehouse and • industry parking ratio. The project is located at 145-165 EI Camino Real within the Central Commercial Combining Parking District (C-2P). Planning Commission Minutes July 12, 1999 Page 9 • APPLICANT: GREGORY BENNETT, ARCHITECT PROPERTY OWNERS: PRESCOTT PROPERTIES, LLC. Recommendation 1. That the Planning Commission adopt Resolution No. 3678 approving the environmental documentation for the project. 2. That the Planning Commission adopt Resolution No. 3679 recommending that the City Council approve Tentative Parcel Map 99-161. 3. That the Planning Commission adopt Resolution No. 3682 approving Conditional Use Permit 99-015 and Design Review 99-014. The Public Hearing opened at 7:51 p.m. Lori Ludi presented the subject report. Jennifer Rigby, co-owner of Acorn, stated that Acorn -was established in Tustin in 1990 and their present location is overcrowded. She further stated that the Craftsman style architecture was chosen because it best reflects the essence of their company and Old Town Tustin. Guy Stivers, landscape architect, stated that the project is unique and the property will be beneficial as an educational tool. Audrey Heredia, President of Tustin Old Town Association (TOTA), stated that TOTA embraces the project and it will be a wonderful addition to Old Town Tustin. Phil Cox, owner Cox's Market Plaza, stated his support for the project. Mike Doyle, resident 160 A Street, stated that the project is impressive and necessary to Old Town Tustin. Greg Kelly, secretary for TOTA, complimented the Prescott's and the Rigby's on their work and suggested perhaps a mural or artwork would benefit the project. Caren Sanford, resident 2800 Keller Drive, stated her support for the project. Ken Teschke, resident 2322 Apple Tree Drive, stated his support of the project. Tim Somerset, Pankow Companies, builder for applicant, stated that his company is capable of completing the project in, a short time and displayed 'some projects his company completed in the past. Planning Commission Minutes July 12, 1999 Page 10 • Doug Prescott, property owner, thanked staff for fast-tracking the project and asked that Condition 2.3 be removed and reduce the number of required parking spaces to thirty seven (37) and noted a typo in Condition 5.5. Greg Bennett, architect, stated his concern with staff trying to alter the plans as drawn which might hinder future expansion plans. Commissioner Davert asked Greg if the back door would function as a loading door only. Greg Bennett, architect, responded that the back door was strictly a service entrance for shipping purposes. Commissioner Browne inquired about the approximate number of trucks per day. Greg Bennett, architect, stated that one (1) truck per day would be adequate for the needs of the business. Commissioner Kawashima asked Greg what was planned in place of the four (4) parking spaces that are requested to be eliminated. that more landscaping • Greg Bennett, architect, indicated p g would be installed. The meeting recessed at 8:44 p.m. The meeting reconvened at 8:50 p.m. The Public Hearing closed at 8:51 p.m. Lois Bobak, Deputy City Attorney, stated that the Planning Commission cannot consider an issue discussed in private with Mr.. Bennett. Any issues or information that the Commission uses in its decision making should be made part of the record. Commissioner Kawashima asked staff about the suggested changes to the rear elevation. Lori Ludi stated this was to maintain consistency in all elevations. Commissioner Browne stated_ that he responds negatively to Mr. Bennett's characterization of staff and he supports deleting Condition 2.3. Commissioner Kozak stated his support for removing Condition 2.3. Commissioner Davert stated that although he did meet with the applicant, nothing was discussed that was not being discussed during the hearing. He further stated that the City has an excellent staff and he supports the removal of Condition 2.3 and it would not be fair to hold the applicant to retail counts for parking. Planning Commission Minutes ?' July 12, 1999 Page 11 Commissioner Browne stated that Condition 5.1 should be taken out and then put back in if the site is underparked. - The Director stated that the applicant should modify the plan to show a higher level ratio for the mail order, area to accommodate the. four spaces so the actual square footage should be higher-than the retail or office area. Chairperson Pontious asked the applicant if that would be a problem for them. The applicant indicated that would not be a problem. Commissioner Kawashirrma noted the applicant's interest in the adjoining lot and asked the applicant if that site would be another building site or additional parking. Chair erson Pontious noted that the question does not relate to this project. Commissioner Browne moved Commissioner Kozak seconded, to adopt Resolution No. 3678 approving the environmental documentation for the project. Motion carried 5-0. Commissioner .Browne moved. Commissioner Kozak seconded, to adopt Resolution No. 3679, asamended, recommending that the City Council approve Tentative Parcel Map 99-161. Motion carried 5-0. Commissioner Browne moved Commissioner Kozak seconded, to adopt Resolution No. 3682, approving Conditional Use Permit,99-015,and Design Review 99-014 amended as follows: Condition 2.3 deleted in its entirety and renumber subsequent conditions. Condition 2.9 change "must" to "shall" Condition 5.1: change "thirty-eight (38)" to "thirty-three (33)" in first sentence and last sentence and change "7 spaces" to°"6 spaces" in last sentence. Condition 5.2: changed to read "A total of 2,704 square feet of mail order use and 2,344 square feet of retail use shall. be -located on the first floor. A total of 771 square feet of office use and .4,290 square feet of mail order use "shall be located on the second floor. Any modifications .to this allocation of uses may be considered by the Community Development Department if sufficient on-site parking is provided or off-site parking is secured by the applicant or property -owner. Condition 5.5: capitalize "c" and "o" in Certificate of Occupancy; change "building permits" to "a Certificate of Occupancy" Planning Commission Minutes July 12, 1999 Page 12 Motion carried 5-0. STAFF CONCERNS: 5. Report on Actions taken at the J uly 6 1999 City Council Meeting Elizabeth A. Binsack, .Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Chairperson Pontious - Thanked Commissioner Browne for serving as a Planning Commissioner and asked staff to prepare a proclamation. Commissioner Kawashima Also thanked Commissioner Browne for serving as a Planning Commissioner. Asked if the second meeting Y in Jul was cancelled. The Director indicated that there were'no items to be agendized so the meeting has been cancelled. - Asked if fireworks were permitted in the City. The Director indicated that they were only permitted when used by a professional. Commissioner Kozak Stated that Commissioner Browne would be missed and asked him to keep in touch. Commissioner Davert - Stated that the City did a great job on the 41 of July celebration and wished Commissioner Browne good luck. Commissioner Browne - Stated that he has enjoyed serving as a Planning Commissioner and thanked staff for their support. He further noted that every citizen should have a chance to serve on the Commission. Planning Commission Minutes July 12, 1999 Page 13, ADJOURNMENT: Commissioner Browne moved. Commissioner Davert seconded, to adjourn the meeting at 9:06 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will. be held on August 9, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. r ITEM #3 DATE: inter- Com AUGUST 9, 1999 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PLANNING COMMISSION RE-ORGANIZATION RECOMMENDATION That the Planning Commission follow procedures noted below to elect a Chairperson and Chairperson Pro-tem. BACKGROUND As a matter of standard procedure, the Planning Commission re-organizes once a year by appointing a new Chairperson and Chairperson Pro-tem. In re-organizing and appointing a new Chairperson and Chairperson Pro-tem, the Commission should undertake the following actions: 1. A current Commissioner should open nominations for Chairperson. 2. The Commissioner should then close nominations and call for a vote for Chairperson. 3. The new Chairperson will open nominations for Chairperson Pro-tem. Nominations should be closed and the Chairperson should call for a vote for the Chairperson Pro-tem. Elizabeth A. Binsack Community Development Director . EAB:kbm:pereorg99 'ITEM #4 Oeport to the Planning Commission • DATE: AUGUST 9, 1999 SUBJECT: CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT 99-002(B)AND SIGN CODE EXCEPTION 99-001(B) OWNER: EDGAR PANKEY TRUST 320 WEST MAIN'STREET TUSTIN, CA 92780 APPLICANT: KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA 15375 BARRANCA PARKWAY#G-105 IRVINE, CA 92618 LOCATION: 13922 RED HILL AVENUE ZONING: CENTRAL COMMERCIAL(C-2) ENVIRONMENTAL STATUS: THIS PROJECT CONSISTS OF THE CONSTRUCTION OF ON- PREMISE SIGNS AND IS EXEMPT PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: -A REQUEST FOR A CONDITIONAL USE PERMIT AND SIGN- CODE EXCEPTION 'TO INSTALL ONE (1) FREESTANDING FREEWAY SIGN, FORTY-FIVE(45) FEET IN HEIGHT WITH A 120 SQUARE FOOT SIGN CABINET. RECOMMENDATION Adopt Resolution No. 3686 approving.Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(13)as proposed or modified. Continued Public Hearing CUP 99-002(B)and SCE 99-001(6) August 9, 1999 Page 2 BACKGROUND On July 12, 1999, the Planning Commission approved Conditional Use Permit 99-002(A), Design Review 99-001 and Sign Code Exception 99-001(A). This approval authorized the construction of a 3,322 square foot fast-food restaurant (Wendy's) with a drive-thru facility and the installation of four (4) wall signs on a vacant 39,000 square foot site at 13922 Red Hill Avenue. At that meeting, the public hearing was continued on Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(B) to allow the applicant an opportunity to prepare studies and graphics to support a request to construct-a fifty (50) foot tall, 180 square foot freestanding freeway sign. The applicant has since revised his. .proposal to request a forty-five (45)foot tall, 120 square foot freestanding freeway sign. Site and Surrounding Properties The project site is located at the southeast corner of Red Hill Avenue and ,EI Camino Real (see location Map -Attachment A). A freeway on-ramp and a service station are located across Red Hill Avenue to the west, and a service station and retail commercial center are located to the north across El Camino Real. The 1-5 Santa Ana Freeway is located to the south and the freeway right-of-way and a hotel are located to the east along EI Camino Real. The pole sign would be located at the eastern edge of the property, adjacent to the Caltrans sound wall. DISCUSSION AND ANALYSIS The applicant is proposing a forty-five (45) foot high single pylon pole sign with a double- faced sign cabinet that is ten (10) feet by twelve (12) feet in size, or a total of 120 square feet (see Plans -Attachment B). The proposed sign copy would identify "Wendy's" in red, black and white colors. The cabinet frame and pylon would be fabricated of metal and painted dark bronze. The sign cabinet would be internally illuminated with fluorescent lamps. On July 23, 1999, the applicant conducted 'flag tests" to determine how the proposed sign would appear at various heights. A ten foot by twelve foot Wendy's sign cabinet, similar to the proposed sign, was hoisted into the air by a crane and the applicant took photographs of the sign from the north and southbound 1-5 Santa Ana Freeway (see Attachment C). The sign was photographed at heights of twenty-five (25) feet, forty-five (45) feet, and fifty (50) feet. Except for the photograph of the fifty (50) foot southbound sign, the photos were taken from a point on the freeway where the sign was first visible. The fifty (50) foot southbound sign was taken from a random point on the freeway where a view of the sign was not obstructed by truck traffic (see Photograph Locations Attachment D). After conducting the "flag tests", the applicant reduced the height of the requested sign from fifty (50) feet to forty-five (45) feet, which is the minimum height for the sign to be visible above the elevated freeway and Caltrans sound walls at a sufficient distance for a driver on the southbound 1-5 Freeway to make a decision to exit onto Red Hill Avenue. Continued Public Hearing CUP 99-002(8)and SCE 99-001(8) August 9,1999 Page 3 The applicant also reduced the sign copy area.from 180 square feet to 120 square feet. At a height of twenty-five(25) feet, the sign did not project above the sound wall and was not visible from the freeway. Section 9404(B)(3) of the Tustin Sign Code allows certain businesses with freeway frontage,such as auto services, lodging facilities or eating facilities to have a freestanding freeway sign, subject to a Conditional Use Permit. Freestanding freeway signs are limited to a maximum of twenty-four (24) feet in height and a maximum sign copy area of fifty (50) square feet. There are several non-conforming freestanding signs in the immediate area of the proposed sign that were approved prior to adoption of the current Sign Code or modified thereafter. Business Name Address Height Cabinet Area Date Approved Mobil 13872 Red Hill Avenue @65 feet @180 square feet 1980 Shell 13891 Red Hill Avenue 60 feet- 144 square feet 1985 Denny's 1571 Fi Camino Real 46 feet 96 square feet 1987 (Face Change in 1995) There are also two (2) freeway signs in the vicinity of the project site that were approved under the current Sign Code with Sign Code Exceptions and/or Conditional Use Permits: Business Address Height Cabinet Area Date Approved Name Carl's Jr. 14041 Newport Avenue 30 feet 45 square feet 1990 (Reaffirmed in 1997) Taco Bell 14042 Red Hill Avenue 45 feet 50 square feet 1995 Although the proposed height of forty-five (45) feet would provide minimum visibility, the proposed freeway sign cabinet appears to be excessive in that it more than doubles the maximum area allowed under the Tustin Sign Code. While recent Sign Code Exceptions have allowed an increase in height to provide for visibility above improvements along the 1-5 Freeway, no exceptions to the maximum cabinet area have been approved. Given these recent approvals and the number of non-conforming signs in the immediate vicinity of the proposed sign, staff recommends approval of a modified pole sign with a maximum height of forty-five (45) feet and a maximum sign cabinet area of fifty (50) square feet (see Attachment E) based on the following findings and those contained in Resolution No. 3686: • That the establishment,maintenance and operation of a freestanding freeway pole sign forty-five (45) feet in height with a fifty (50) square foot cabinet, as recommended by staff, will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use,, nor be injurious or detrimental to the property and improvements in the neighborhood-of the subject property, or to the general welfare of the City of Tustin, as evidenced by- the following findinas: Continued Public Hearing CUP 99-002(6)and SCE 99-001(B) August 9,'i 999 Page 4 1. The proposed sign would be oriented for freeway identification for a business that provides services to freeway motorists as defined by the Tustin Sign Code. , 2. The proposed sign would be consistent with the sign area and location limitations for freeway signs as Established by the Tustin Sign Code. 3. The proposed freeway sign would not visually impact adjacent residential properties in that light and glare associated with the illumination of the pole sign would be directed away from nearby residential uses and would be further screened by existing buildings and landscaping. • Pursuant to Sign Code Section 9405c, the installation of a freestanding freeway sign forty-five (45) feet in height with a fifty (50) square foot sign cabinet, as recommended-by staff, can be supported by the following findings: 1. Sign size and placement restrictions of the Sign Code shall be closely followed as practicable. The area of the freeway sign, if modified, would comply with the maximum area allowed by Tustin City Code Section 9404(B)(3)(c), which is fifty (50) • square feet of area. The Increased height of forty-five (45) feet is the minimum height to allow for visibility above the adjacent elevated freeway improvements and sound walls at a sufficient distance for drivers on the 1-5 Freeway to make a decision to exit the freeway at Red Hill Avenue. The sign would be installed along the eastern edge of the property, adjacent to freeway right-of-way, and would not obstruct the visibility of drivers on adjacent roadways. 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable. The Sign Code provides for freeway pole signs for freeway oriented businesses such as fast food restaurants. Given the proximity of the site to an elevated portion of the 1-5 Freeway, the pole sign height is consistent 'with the intent to provide freeway visibility in that forty-five (45) feet is the minimum height necessary to provide visibility to drivers on the freeway. If modified, a fifty (50) square foot sign area would be consistent with the intent of Section 9404(B)(3)(c). 3. There are special circumstances unique to the property to justify the exception. The project site is roughly triangular in shape, and is bounded on two sides by public streets and on the third side by an elevated section of the 1-5 Freeway. A forty-five (45) foot tall sign would provide visibility given the • property's proximity to elevated portions of the 1-5 Freeway and soundwalls. There are no special circumstances related to the property that would justify a deviation from the maximum sign area of fifty (50) square feet allowed by the Tustin Sign Code. A cabinet fifty (50) square feet in area would be visible above the elevated freeway and soundwalls at a sufficient distance for a driver to make a decision to exit onto Red Hill Avenue. Continued Public Hearing CUP 99-002(B)and SCE 99-001(6) August 9' 1999 Page 5 4. Granting of the sign exception will not have a negative impact on surrounding properties. If modified, the proposed sign would not be detrimental to, or have a negative effect on, surrounding properties in that the sign is compatible with uses in 'the surrounding area in location, size, and fabrication. The proposed freeway sign would complemerit,the architecture of the restaurant and would be directed away from adjacent residential properties. 5. The sign application promotes the ..public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of the Sign Code. If modified, the proposed sign would provide adequate-visibility to motorists on the 1-5 Santa Ana freeway to allow for safe movement for potential customers, yet not contribute to excessive signage'in the area. v son Karen Peterson • Assist t P nner Acting Senior Planner BB:cup99oa2{B}port Attachments: A Location Map B -Submitted Plans C "Flag Test' Photographs D - Photograph Locations ` E -Modified Sign Plans F - Resolution No. 3686 I - LOCATION, MAP . ---- _ S I � r --7i I , r r- O u: JO2iE VEEH I SAN JUAN i3"z 13867 � I Iaeaz ` 4 1 TUS{JN WOODS ! 1 L cl I ku I a I _� - cl uj 1 "�. - I• f:lJflfY �r:�i IJ�1�l�i --` 13921 1922 '� • ^PL CAMINO REAL (1-51 SANTA ANA FREEWAY i f. r ATTACHMENT B_ SUBMITTED PLANS ' 1 l..uenrp r>vlQ �N eeeees.aeNa°n aavaa pnnuoeu pu� m o eu Ibdl 6p61-66 Y NDI53O a[Co0B8 le6el:kYd icerl meq uani�wneu%a i oilo'avbeve66-LZ-L'66-OC'C z'/`W f 6661'C�^7a1 :31tlO iBL tB VINUQAIIVO'OIUV1NO'133N15 NLM 193M COC '�iui�a�awa�n�Qair p "in .o�no.�epntno.uo (1310N SV :3:lv15 9bO °NI99NOIs w111Nanp9 W°19no ■,. $,5u�3�i( (� 'o e .npup.i emer.�l V,�'NI19LL'M3L IXJMNJ l31110i O31I Nl4,= NO3N oiLit11N0 V U St101OJ 03f3O33S Yi003/LtlAAVM V013N9 p�e�°�e.cveenivnd�nn��eq�e r�eiii�l �1'J3fOtld 31pN 45'.(r Id-3' � T 5 'v ° rn Ri MUM r. - d �' 6 � � Z oa m a c� Z i o � m 8 ri WENDrS BESTII6BI(MTS TUSTIN 1 , , Jill WE 41 E i::�k 1t e/ OQ �ir'N•v �i R'`. m1ho ori o..rr.la.�a eYn l.� �I` tl �T ►' � r �I i ..._.® L-aoct-,-n u N .r�r •� f Iar vrw nnlnr 8R Am4a "M b Iel AM" - nw Of - -- - vnrf "mQ C-7("YCVRI raw • maw<lwroaoume mrllnmfowi PROJECT SUMMARY 817E AREA GROSS AREA J9,325 SF $nEVIly wan NET AREA J2.07J SF BLW.DM10 A11EA GROSS AREA J.J22,SF LANDSCAPE AREA GROSS AREA 12,985 SF .f33x � U (MW NOW Of 21r NEF AREA 6,978 SF(221.8A) - m - PARKING REQUIRED. 32 STALLS L (1VAS1JSA11-WffAMj PROHDED. 36 STALLS C3 A ATTACHMENT C "FLAG TEST PHOTOGRAPHS PA--- + !. . R 17642 MITCHELL NORTH,STE.100 July 26, 1999 IRVINE CALIFORNIA 92714-6004 (714)474-7004 Mr. Brad Evanson City of Tustin, Planning 300 Centennial Way Tustin, California 92780 Re : Sign Code Exemption 99-001 (B) , Wendy' s freeway sign application Dear Mr. Evanson: Please review this letter and its enclosures in support of the variance application by Consolidated Restaurants of California, Inc . for a freeway oriented sign for a proposed Wendy' s Restaurant at 13922 Red Hill Avenue, Tustin. As was discussed earlier, an investigation and demonstration of sign visibility and legibility was made at the site on Friday July 23 utilizing a truck mounted crane and a 120 square foot (10' high by 12' long) Wendy' s sign can. All height measurements were to the top of the sign from ground surface in the south east corner of the property where the sign is proposed for installation. The decision point is that poin on the freeway when one can no longer legally enter the Red Hill Avenue exit ramp. The investigation was run as follows : 1 The Wendy' s sign was raised to an elevation of fifty feet (50' ) above ground in the south easterly corner of the property where the sign is expected to be located. Photographs� and� video were shot from vehicles traveling on Interstate 5 both northbound and southbound. The sign was clearly visible in both directions in ample time to enable a driver to maneuver to a safe exit . 2 The Wendy' s sign was lowered to an elevation of forty feet. (40' ) above ground. Photographs and video were shot from vehicles traveling on Interstate 5 both northbound and southbound. :- While the sign was visible in the northbound direction once the sound wall had been passed, it was covered to roughly two thirds of its face in the southbound direction. 3 The Wendy' s sign was raised to an elevation of forty five feet (45' ) above ground. Photographs and video were shot from vehicles traveling on Interstate 5 both northbound and southbound. The sign was visible in the northbound direction above the sound wall and it was visible just above the center abutment in the sou-Lhbound direction. 4 The Wendy' s sign was lowered to an elevation of twenty-five feet Mr. Brad Evanson City of Tustin, Planning July 26, 1999 Page 2 (25' ) above ground. Photographs and video were shot from vehicles traveling on Interstate 5 both northbound and southbound. The sign was not visible in the north bound direction unless one was on the exit ramp or was northbound well past the decision point for the northbound exit ramp. None of the sign was visible southbound. - 5 CONCLUSION 5 . In every instance the photographs and video show a sign face of one hundred twenty (1.20) square feet . While this size does not allow the sign copy to be clearly legible -until one passes the decision point, the applicant believes that its logo is sufficiently recognizable to be identified by consumers even if when it is not clearly legible. Therefore, applicant respectfully revises downward its request for sign size to One Hundred Twenty (120) square feet . Likewise, applicant respectfully acknowledges that a sign height of forty-five (45) feet to the top of the sign will be adequate for general visibility from both directions with adequate time for a driver to move safely to the Red Hill exit ramp. A brief review of other freeway oriented signs in the vicinity of the subject was made utilizing Tustin city records . Those findings are set forth on an exhibit which is .based on a 1985 aerial photograph of this section of the city. The photograph has been laminated and enhanced to delineate the present extent of the sound walls, the current freeway sign locations and with photographs that show visibility of the proposed sign at various points along the path of travel in each direction. Also provided is an enlargement of various of the photographs showing the size and height of the other freeway oriented signs in the photograph. In closing, the applicant respectfully requests a study session with members of the planning staff or planning commission either as a group or individually to review this information and respond to any questions that may be posed. Likewise, given the interest expressed by the City Council in this matter, I would be pleased to meet with the various council members to discuss this matter also. Please 4P. Wi ai�desire additional information or documentation. tr M rs alnson CC : Consolidated Restaurants I •.�-may � ,. �I,. ..! �'�Y��f `�.'`-a,�✓r T,�� r rt,-} a J c r �n 1-�' l ra � - �'C+?� "�tn's��`- ��'.s�� ��ro ii�`1 {�i'. s'=-�. �y C !.''a`� r• _ a- - t r '� .� �; x-• �r s-cl' a + z^I yt -4 _ •i.� - �•s T - t..�'i r S -� r!s,�' �,- -t't --.v �,,..��Y.+i � r L �y I ,� r� Y� ».+ -' r -tr x, � � ���.a �.` '.i. i s' '4(���iih y,•.t�-a•4`�t-„-�'2.L,,,�j_1�,'F inti ..��..T '�''•�. - S'_k.�� - ✓{-� rf�.�s -w }r tY �t 'F- r,r i.{ I ��-f �r r df rk'4 xn ,•� r��� jv)r�.Frr ystiS � W� �kT.. �a NORTH BOUND 3 P 11 - r s �s _ - - - s •o an 5 Y.+ � r .i• :r�� SOUTHBOUND FLAG TEST @ 251 Tn,$isan Onp.nal unpublished or PROJECT: RED HILL withileex is [I nottrad..arlis, ONTARIO NEON CO.,INC. HILL/ CAM(NO REAL. tdryoui personal liSairsCennemon CUSTOM 6 QUANTITY SIGNS SINCE 1045 �S�N!G`A' Paotec[oelnp Planned lar you by Ontario Neon Oo_tnI Il is not to be shown to any SCALE' AS NOTED one durside your orpanixatlon:nor Vs ti to be STATE L,='S'NSE MB22SB0 26 19� ussysed.reproduced.copied or exhibited in DATE JOY atashlonthou[writtenpermissiontrom 903 WEST MAIN STR.ET,pNTAR10,CALIFORNIA 87782 an Othcwl ea+ib Ontario Neon co.,Ind. (D09)086-4632 FAX:(909)GMW76 DESIGN# 99-7949 (P•7) 0w1";P of trio design is held by Ontario Neon Co..Inc. 4;.. n ' "7r -R' -MM, x��S-Z $• r •s '' u' Y' '� �;. rw• (h �7 �,µt .'}•� x•,RE„ e�.•,, s.t y c}'� y; t,�+#�fir• �ah-x 5:.. .�✓��,_w Ly`vr'�' '. � �°C'J ,S L�': �Yf`�'t 3 , � n��'- at '.?. a� tr�r.N•i.PY �I.y- +-, u-y, t-h�-,,kL^ � �Fn. }4d- �e'x a ao RA Bili Ave r ".7mtln r `F r� Y � —,qIV- .rc�� �3 .� ��t � ti�io-•-,,.. �_. i.. �+C>i� ,,.:s"a;x,'."-N ao'ti:�.r•J s•;r k't `3�"¢rl '-'i.•. `+t 't ram T+':.s�,r "r " - ' F. 'P x-hti�f�J.`�' ✓-t"SS,r � �5.-.. � r .� � GL ��e �,� �� �-i.x"���j�Yey��'r ��'3,� Fa,� ��. is �t.. * r-t4,.����ii�s�w-��'3i����"e'+ _ ? :, Y i r nt.. •�s-,4 �j'r. :�-Z'�Y,T� ra��� 4�P:�;�'�,���c r�•3tw x4_ '.�=� ,Y '�Ny.':YY err �� ; -m+ ' � ' .s r'�� zf'k-� "�!' F•,.�� �g, s- -• s s �]s r•s rC� `'?]"� t-v' 4Fy 7P µms` Tr r r Ss axe e� ti s `\. "r,..y-� '.,ss.- ''•iF w �•.- t r= S',F'x..c.•,� ..c r :a t`a �`.$3-i5�r _ y .:�- a F���-++ya.3..c' rte, +5�'-'�i�w�•S7r"`'.- 4 C ' S y 'r . �. ?'R<'�T./f ,:. _��"'•'c::'':a"S� ..�+W� ..n s t'i F } •.' r''ti Y � � _ ' FRPIAii?:.•Avg.? _- { s r . A e — Me Me ON PRD.JECT-. �'+;Illi • •REAL - 1 TUSTIN,CA SCALE: AS • ZD WDrltl - - Sign _ DATE, Assotiffies _ ,��,, � a-a �`''a ��� � - ��� t-'fir �. ,�'p-z"•'r� v���<°.,�v'�,. rlrS� ? �1 e, rr� 1, �`Ctp � 1}�;K .� ,�, � ''-.�Y S-§ ,-rx..i y, x t• 3,i. -A 'h r r r e d, `` s 'Fr. 3'.a ,,.',c. }�"'' �'.�' m w�F- 'S � "�`" '•r";'yS'�.r } �-, '� �-� ^a�� �- ' .1 ✓ _ '6 a.-j G r 1.r A NORTH BOUND - - .ys'l...zi•'"s,$-- 'r*�.?�rrr""r--�y3}any"" ^r��s"y��+�x`'�'°;a.��,fir? ..` I ` SOUTH BOUND FLAG TEST @ 50' Thisiaenonginalunpublisneeare 5 A ONTARIO NEON CC.,INC. PROJECT: may, wi'h�8cephonol tratle aarks.cr CUSTOM 6 GUANTITY SIGNS SINCE'IB for ur ngplaIso neincannec[iOm Rroleel be ngplenne l toryou bypnlano Noon Co.,knelt Is not t9 ha aft 12 any- SCALE AS NOTED oneoutaide yyoo urorgarnialion:nOnaittobe used,reproduced,copied or exhitlned in 303 WEST MAIN STREET,ONTARIO,CALIFORNIA 91762 N'Rl� DATE: JAY 26•T 999 anytasluonwitnranpar nhom an Officer of Onranoaiii Neatib Neon co., c- t Inis (909)886-4532 FAX'(al)g)988.6378' DESIGN# "-1949 (p3) O�orrs Dlnll the Oesign is hold by OnMAO K V r '�.p � �� tri ��.��" �. _ � y >• Tru ¢•Y' *'t F nt,• �r� v - `'%' � er�n�, '� Y.,S� 1�7 r,,. K•`"..a,t`-'c.. Ff �F 3' �� Yr t mss. r p. � ..?hq� � +��w"°`s7i�ftFv.�f •F 4 ,y���•�IT`F LSrc.�.<.�i '� r^rj n �- � h tk,s'�'�j a..r *• ,�-�'$,[k�„�� �,s hv5w"{•u-r'M ,�`•• �,� v� l�3 � .a� �x ,� �;�� ��.�y`,r�.`��,- `�.r � lS h"`:rr, .ts r -A�. "•,.Y .0 ^' -'�'4 �n]I/� K xy ti h'•1 �`��" 1�'c n" v '°: F"3–�` +� ''S�.a .. �':^ �c�" i�`-tr --. ;c -ice _ ? ,�s ,} f��•r 1� t � � 5.:_-? �~i� �-.I..�ti '4v �,. � - � S- ;} 4•_ s f k5 ti���F t{ - �� * t p 4�t � 4 0rs36 pts•��� - �,-+ mgg- o • �, 1wS �.`f� y r l4 73'� f 5i� •r r -A":c -;;4 :Jhw. .f -_ 1 Z • r � � �, j{�i [ � +tet °'`• y'+1 7.4 e y ^� � tis„I[y.s5'k rY►� iti -,fes -IS t _ s i S i_ - i ix U. �c'#R►.ies {.a x�'{� � e: -. -1 sy,L,�Ss:i�i�ry5�5.n�',� . SN i F J e` \ r Y`sR A.k (sifi { a... .� 4. y � 4 SIGN USED FOR-FLAG TEST ON JULY 23, 1999 ONTARIO NEON CO.,INC. I ryourp rhgtnal,sei n onad oion with PROJECT• .ran the maeptionol tiademat".created Ioryour pmsoneluseinconnacy O an 6 protect bev.g planned Fm you b{Omerm I Neo nl,-,I—.11isnpStoboehorvnloarry- SCALE: AS NOTED I onaoIts id.yo prargan'zasion:noorsit ra be Tried,teproduced•copied Or exhibited in 'i DATE* JuY26,1999 i onytashron minoetwrilten parmrsawnhom 309 WEST MAIN STREET,ONTARIO,CALIFORNIA 97782 Mioor of Ontario Neon co..Inc. (9O9)95154W2 FAX (eO%9eae37e - DESIGN# 99-1949 (p-4) I' D[tnel=hipc:the design isheldeyOntario Neon Co.,lnr ' �rV��Ys Tz.�.�-���'�•r��r� �o�r+T oTd�ftFGwAy ysNER�- ScU� v a p ua L't��N F�vFo c0 fat, W tr�oYs ���Q"E'✓ I 5 ted N--�� . w1 �5 c �a-25� - 2� —�• —� �1 4L� I • wtxro FEFV A/, 0PHOTO LOCATION utJocc�L- • AT 25' HEIGHT CAFE AUTO SPA ` �jL�IE W 5�_ QSILL6�w40 PHOTO LOCATION AT 45' HEIGHT PHOTO LOCATION AT 50' HEIGHT. ATTACHMENT E MODIFIED SIGN PLANS 1 S o a z 9-ft 1 Igo k r `` IMcupn[iepinNuolv°b�emmYs��w�ae N07F. PROJECT: • Puu - • SNflCJNMY VARYFROM6PEDFIF.T1fa W6 1:1 SO ONTARIO Nr=CN co.,INC. �°, WEnoy�S'REolou/E1c0.tu6NOREAL,R6TPI.CA SCALE: AS NOSED ured ie�oi�wwmiNae.��:eene 303WEST.—IN SREET.ONTARID�MIFORWA 91762 ®• DATE: 49 996..632 FfeduvyJ.19991 Re+.:13699.-7.'17.99.8.2.99 °uoiir ralW I� on m. m 681 ac:19661 eae e3:e DESIGN N 99.1949 1p 121 a.n�.+:nnoiiwar•:.�;°`kine n�nmm ,.in•�i ua oast n„r i,nr3 N°on Co.,lue •�•FNl - _ a ��� e R �` ss'y+ Y• ?res+s„C rr/y {r,`; Y ^s ni• Ng?: gu _�..:�S-.i-�h�-f., �s.��"�T".`-•l+i�'y ti\� "i r Y�'x. r •1MM. . +YYSS- p 4 r C fi4a�4 t j i �' 4r ��.�i�.�-�s� r r i�•�`+-.s��r,>_tdr �r �`' ' :fF .�' 'li....t.-,�ct'_'.`•_�r' rttrn'Hi''? `..+.L r3'�;�.,.r w.�,+'J= l.r.:.l-`f-,�'�,-,' 3` °'+-•1 t S..t.rtta�y; S S.,., .-T� *..jam:a����r, _�•h��� �-Y�, �x. � �� 1� _ +� ['R*x'^" _ ,R3` :7'r' �� _ r r tea} "r. •� }{ --:;:.�¢�? p}� ��r �' �nky�i'ysr^'': i .x..xkryY° � � �� k •`�,. �� °'R, .'7.l Y'��Sry}F•'"'h �y�F'SG_c._ .+�w J� r� } _��`•Lrr i �i-x,x�lw�r'A�Jtr�•s•'f F-ti Sx�� -.7 '' 3rs �, y �` ..c-nom, 'k ',r"34'.(i'�2,. rL'��..�d.:�+' 5^ ~ d's�F.�`��Y..� �_.',y.�.1...�,�." ..�..._. qs -•`"•` .a,��'a�: i World ■ . ��i►' Sign _ � dS50Ci1SC5 ■ ATTACHMENT:. F RESOLUTION NO. 31686 ii . 1 RESOLUTION NO. 3686 z A RESOLUTION OF THE PLANNING COMMISSION OF THE .CITY OF 3 TUSTIN APPROVING CONDITIONAL.USE PERMIT 99-002(B)AND SIGN 4 CODE EXCEPTION 99-001(6) TO AUTHORIZE THE CONSTRUCTION OF A FREESTANDING FREEWAY SIGN,- FORTY-FIVE (45) FEET IN 5 HEIGHT, WITH A FIFTY (50) SQUARE FOOT SIGN CABINET FOR A FUTURE FAST FOOD RESTAURANT LOCATED AT 13922. RED HILL 6 AVENUE. . 7 The Planning Commission does hereby resolve as follows: 8 1. The Planning,Commission ftnds and determines as follows: 9 A. That a proper application for Conditional Use Permit 99-002(B) and Sign 10 Code Exception 99-001(B) was filed by Kent Bickell of Consolidated Restaurants of California on behalf of the property owners to request 11 authorization for construction of a freestanding freeway pole sign, forty-five 12 .(45) feet.in height, with a 180 square foot sign cabinet on a vacant parcel located • at 13922 Red Hill Avenue, more specifically described as 13 Assessor's Parcel Nos. 500-021-02 and 500-021-04. 14 B. That freestanding freeway signs are allowed for certain types of businesses 15 with the approval of a Conditional Use Permit(TCC Section 9404(8)(3))and a Sign.Code Exception(TCC Section 9405(C)).... 16 17 C. That a public hearing was duly called, noticed and held for said application on July 12 and August 9, 1.999 by the Planning Commission. 1s D. That the.establishment, maintenance and operation of a freeway pole sign 19 will not, under the circumstances of this case, be detrimental to the health, 20 safety, morals, comfort, or general welfare of the persons. residing or working in the _neighborhood of such proposed-use, nor be injurious or 21 detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City, of Tustin, as zz evidenced by the following findings; 23 1. The proposed sign would be oriented for freeway identification for a business that provides services to freeway motorists as defined by 24 the Tustin Sign Code. zs . 2..- The proposed sign would be consistent with the sign area and 26 location limitations for freeway signs as established by the Tustin . 27 Sign Code. 28 3. The proposed freeway sign would not visually .impact adjacent residential properties in that light and glare associated with the 29 illumination of the pole sign would be directed away from nearby • residential uses and would be further screened by existing buildings and landscaping. 1E Resolution No. 3686 .2 Page 2 3 E. ` Pursuant to_Sign Code Section 9405c, the, installation of a freestanding 4 freeway sign forty-five,(45) feet in height with a fifty (50) square foot sign cabinet can be supported by the following findings: s 1. Sign size and placement restrictions of the Sign Code shall be 6 closely followed as,practicable. 7 The area of the freeway sign would comply with the maximum area allowed by Tustin City Code Section 9404(B)(3)(c),which is fifty (50) 8 square feet of area. The increased height of forty-,five(45) feet is the minimum height to allow for visibility above the adjacent elevated 9 freeway improvements and sound walls at a sufficient distance for drivers on the 1-5 Freeway to make a decision to exit.at Red Hill 10 Avenue. The sign would be installed along the eastern edge of the 11 property, adjacent to freeway right-of-way and outside of a visual clearance area. 12 2. The intent and purpose of the sign regulations of the land use 13 zone -in which the sign is .to be. located shall. be followed as closely as practicable. 14 The Sign Code provides for freeway pole signs for freeway oriented • 15 businesses such as fast food restaurants. Given the proximity of the site to an elevated portion of the 1-5 Freeway, the pole sign height is 16 consistent with the intent to provide freeway►►isibility in that forty-five 17 (45) feet is the minimum height necessary to provide visibility. to drivers on the freeway. If modified, a fifty-(50) square foot sign area 1s would be consistent with the intent of Section 94014(B)(3)(c). 19 3. There are special circumstances unique to- the property to justify the exception. 20 The project site is roughly triangular in shape, and is bounded on two 21 sides by public streets and on the third side by an elevated section of the 1-5 Freeway. A forty-five(45)foot tall sign would provide visibility 22 given the property's proximity to elevated portions of the 1-5 Freeway and soundwalls. There are no special circumstances related to the 23 property that would justify a deviation from the maximum sign area of fifty(50) square.feet-allowed by the Tustin Sign Code. A cabinetfifty za (50) square feet in area would be visible above the elevated freeway 25 and soundwalls at a sufficient distance for driver on the 1-5 Feeway to make a decision to exit onto Red Hill Avenue. 26 - 4. Granting of the sign exception will. not have a negative impact 27 on surrounding properties. 21 The proposed°sign would not be detrimental to, or have a negative effect on, surrounding properties in that the sign,is compatible with i 29 uses in the surrounding area in' location, size, and .fabrication. The proposed freeway sign would complement the architecture of the restaurant and is directed away from adjacent residential properties. Ef. 1iResolution No. 3886 2 Page 3 3 5. The sign application promotes the public health, safety,-welfare 4 and aesthetics of the community acid that the granting of the exception meets the findings and intent of the Sign Code. 5 The, proposed sign would provide adequate visibility'to motorists on 6 the 1-5 Santa Ana freeway to allow for safe movement for potential customers,yet not contribute to excessive signage in the area. 7 r F. That this project is categorically exempt pursuant to ;Class 11, Section g 15311 of the California Environmental,QualityAct. 9 ll.• The Planning Commission hereby approves CUP 99-002(6), and Sign Code- 10 Exception 99-001(B) to authorize the construction of a freestanding freeway pole sign forty-five (45) feet in height with a fifty (50) square cabinet,for a future fast 11 food restaurant to be located at 13922 Red Hill Avenue, subject to the conditions 12 containedin Exhibit A, attached hereto. 13 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 14 meeting on the 9th day of August, 1999. 16 LESLIE PONTIOUS 17 ChairPerson 19 ELIZABETH A. BINSACK 20 Planning Commission Secretary 21 22 STATE OF CALIFORNIA COUNTY OF ORANGE ) 23 CITY OF TUSTIN ) 24 I, ELIZABETH A. BINSACK, the- undersigned, hereby certify that I am the Planning 25 Commission Secretary.of the Planning Commission of the City of Tustin, California; that Resolution No. 3686 was duly passed and adopted at a regular meeting of 'the Tustin 26 .Planning Commission,held on the 9th day of August, 1999. 27 2s ELIZABETH A. BINSACK 29 Planning Commission Secretary i CONDITIONAL USE PERMIT 99-002(B)EXHIBIT IAND SIGN CODE EXCEPTION 99-001(B) CONDITIONS OF APPROVAL RESOLUTION NO. 3686 GENERAL (1) 1.1 The-proposed signs shall substantially conform with the submitted plans for . the project date stamped-August 9, 1999, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The 'Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with,the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise"specified,the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for- the project, subject to review and approval by the Community Development Department. (1) 1.3 ' The.subject projectapproval shall become null and void unless permits.are issued within twelve.(12) months of the date of this Exhibit and substantial • construction is underway. Time extensions may be granted if a written request is .received by the Community Development Department within thirty(30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-002(6)and Sign Code Exception 99- 001(13) is. contingent upon the applicant and .property owner signing and returning an "Agreement to Conditions Imposed"form as established by the Director of CommunityDevelopment. (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 for this project. 1.6 All signage shall be maintained in proper operating order at all times. If the City becomes aware of any lighting or signage that is not operable, the' applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City. In ',the event a sign is partially inoperable, the entire sign, shall not be illuminated until such repairs are completed. SOURCE CODES . i (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODEIS (6) LANDSCAPING POKY GUIDELINES "(4) DESIGN REVIEW (7) *** EXCEPTIONS ' j" l Exhibit A-Conditions of Approval Cup 99-002(B) and SC,E 99-001(13) Page 2 "** 1.7 Authorization for the freestanding freeway sign is.contingent upon the use of the subject property remaining a fast food restaurant. Should this use be changed or discontinued, the property owner shall obtain approval -of an amendment to Conditional Use Permit 99-002(B)for a new use of the sign. SIGNS (1) 2.1 All signs shall comply with the applicable provisions of the Uniform Building Code and the National Electrical Code-as adopted by-the City (including UL approvals). (1) 2.2 All signs, including any change of copy, require review and approval by the. Community Development Department prior to installation. Permits shall be required for all signs. (4) 2.3 The existing sixty-five (65) foot tali dual pylon .structures shall be removed from the site. ( } g5 . 2.4 All signs and their supporting structures shall be enclosed,structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes,..as:localIy amended. (5) 2.5 Aerial signs, animated signs, audible signs, beacons, festoons, flashing, or, moving signs, light bulb.strings, roof mounted signs, and projecting•signs shall be prohibited pursuant to Tustin City Sign Code. PLAN SUBMITTAL 3.1 The sign plan shall be modified to illustrate a.freestanding freeway pole sign forty-five (45) feet in height with a maximum sign cabinet area of fifty (50) square feet.. (5) 3.2 Three (3) sets of construction level plans with necessary specifications,and details prepared in accordance with the Uniform Building Code, and other related Codes, City Ordinances,and state and federal laws and regulations shall be submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to_final inspection. Exhibit A-Conditions of Approval Cup 99-002(B)and SCE 99-001(13) Page 3 FEES (1) 4.1 Prior to issuance of any building permits; all payments shall be made of all . applicable fees including the building division and sign permit 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. (1) 4.2 Within forty-eight(48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight(48) hour period that applicant has not delivered to the Community.Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination. under the provisions of .the California Environmental Quality Act could be significantly lengthened. i ,eteort to the p . Planning Commission DATE: AUGUST 9, 1999 SUBJECT: APPEAL OF'USE DETERMINATION 99-002 APPELLANT: A.G. KAWAMURA ORANGE COUNTY PRODUCE 6951 TRABUCO ROAD IRVINE, CA 92620 PROPERTY OWNER: AAE PACIFIC'PARKASSOCIATES, LLC 129 WEST WILSON STREET,.SUITE#100 COSTA MESA,' CA 92627 ATTN: MR. IRVING M. CHASE LOCATION: NORTHEAST CORNER OF VALENCIA AVENUE AND SR-55 • (ASSESSOR'S PARCEL NOS.430-251-0'1102103106107108109110) ZONING: PLANNED 'COMMU.NiTY (PC) SUBJECT TO THE PACIFIC CENTER EAST SPECIFIC-PLAN (PCESP) ENVIRONMENTAL STATUS: THIS PROJECT IS EXEMPT PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHICH' STATES THAT CEQA DOES NOT APPLY TO PROJECTS REJECTED OR DISAPPROVED BY A PUBLIC AGENCY. REQUEST: AUTHORIZATION TO ESTABLISH AGRICULTURAL USES WITHIN THE 'REGIONAL CENTER AND THE -OFFICE CENTER LAND USE DESIGNATIONS OF THE PACIFIC CENTER EAST SPECIFIC PLAN (PCESP). RECOMMENDATION That the Planning Commission adopt Resolution No. 3685 denying,'the appeal of Use Determination 99-002 and determining that agricultural uses are prohibited within the "Regional Center' and "Office Center" land -use designations of the Pacific Center East Specific Plan. I i Planning Commission Report Appeal of UD 99-002 August 9, 1999 Page 2 BACKGROUND On June 15, 1999, the applicant requested that the Community Development Director approve a request to establish agricultural operations for a two to three year duration with a number of planting and harvesting cycles on undeveloped land at the northeast corner of Valencia Avenue and SR-55 (see Attachment A - Location Map). The area totals approximately thirty-four (34) acres. The property is bounded on the west and north by freeway right-of-way and to the south and east by industrial uses. The property is designated "Regional Center" and "Office Center" by the Pacific Center East Specific Plan (PCESP), which provides for a variety of commercial and office uses. The property is also located within the South Central Redevelopment Agency Project Area. Agricultural Operations are not listed as permitted or conditionally permitted uses within the PCESP. Section 4.3.E and 4.4.E of the Specific Plan state that unlisted uses are subject to a Use Determination by the Community Development Director as permitted,conditionally permitted or prohibited. On June 24, 1999, the Director denied,without prejudice,the request(see Attachment B), • determining that agricultural uses were prohibited within the PCESP and established findings in support of the decision, including the following: • That an agricultural use in the proposed location is inconsistent with the purpose of the Pacific Center East Specific Plan which is designed to encourage development of necessary support services, facilities, and infrastructure to provide for ultimate buildout of the area. • That establishment of an agricultural use in the proposed location is inconsistent with the "Regional Center" and "Office Center" planning areas in that it does not implement the development concept which encourages a .variety of office, commercial, and technology uses. • That establishment of an agricultural use in the proposed location is an impediment to the implementation of the Pacific Center East Specific Plan Circulation Plan and conflicts with the dedication of required right-of-way for the extension of Newport Avenue south of Edinger Avenue, the realignment of Del Amo, and the realignment of the northbound State Route (SR)-55 on and off- ramps serving Edinger Avenue. • That a similar request, Use Determination 98-002, was denied without prejudice on January 13, 1999. No new information has been submitted that would affect • the decision on Use Determination 99-002. Planning Commission Report Appeal of UD 99-002 August 9, 1999 ' Page 3 DISCUSSION Through appeal of Use Determination 99002, the applicant is requestingthat the Planning Commission make a, determination that the establishment-of agricultural operations is an appropriate use within the PCESP. In the letter of appeal, the appellant cited the following considerations to support the request(see Attachment C): 1. . The farming operations could occur on a four to six month timeline. 2. The presence of farming operations could assist future developers with,problems of ground conditions,weed abatement,ground leveling and drainage. 3. The appellant is an experienced agricultural operator and currently has a number of short-term leases with:-various developers and property owners throughout Orange County. 4. The presence of agricultural operations can be aesthetically pleasing. Staffs response to the points-raised by the appellant are discussed below: 1. Although the appellant has indicated that operations could occur during a four to six month cycle, a series of four to six month planting and harvesting operational cycles would establish a permanent use which is inconsistent with the purpose and land use designations of the Pacific Center East Specific Plan. In-particular, the' "Regional Center' designation allows for uses such as offices, accessory retail uses, hotels, and other support commercial uses and the "Office Center' designation allows for uses such as offices and accessory retail/service commercial uses (see Attachment D)., In addition, agricuitural'operations are inconsistent with the General Plan Land Use Element Goals and Policies which state, "The future image of the Pacific Center East.area will consist of a more intensive and integrated business park environment. The area's distinct location adjacent to SR-55 creates a significant opportunity to capitalize on its freeway orientation toachieve regional recognition." Further, establishment of a series of planting_and harvesting cycles would be a permanent use that,would be defined as a "project"°under California Public Resources Code Section 21065 and subject to the development standards and prerequisites contained within the Specific Plan. These include infrastructure improvements, including the dedication of land for the reconfiguration of the on and off-ramp system for the SR-55 freeway. Planning Commission Report • Appeal of UD 99-002 August 9, 1999 Page 4 2. Implementation of the Specific Plan, as intended,would ensure.that proper grading and drainage would occur on the project site. In particular, new construction associated the planned buildout of the area would be required to comply with the Uniform Building Code and the City of Tustin Grading Manual. This would mitigate soils and drainage concerns. In addition, the owner of the property is responsible for maintaining the property in compliance with the City of Tustin Property Maintenance Ordinance. 3. The presence of other similar uses in various locations may not mean that the use is appropriate use within the Pacific Center East Specific Plan .area, due to the reasons cited in the findings below and Exhibit A of the letter dated June 24, 1999, denying Use Determination 99-002. 4. While agricultural operations can be aesthetically pleasing, they are not consistent with the intent of the Specific Plan. Additionally, agricultural operations could lead to the introduction of chemicals to the soil, which is difficult to monitor and could require soil remediation procedures prior to future development. Although staff recommends denial of the applicants request, the property owner is not precluded from developing the site with any of the uses permitted by the Specific Plan. During the past year, staff has been contacted by numerous development companies interested in working with the property owner in developing the site. The Specific Plan provides for a wide range of uses that may be established. FINDINGS A-decision to deny this request for the establishment of agricultural operations within the "Regional Center" and "Office Center" land use designations can be supported by the following findings: 1) Establishment of agricultural operations is inconsistent with General Plan Land Use Element Goals and Policies which state, "The future image of the Pacific Center East area will consist of a more intensive and integrated business park environment. The area's distinct location adjacent to SR-55 creates a significant opportunity to capitalize on its freeway orientation to achieve regional recognition." 2) Establishment of agricultural operations is inconsistent with the overall concept for the Pacific Center East Specific Plan is to provide a planned community, development which encourages a variety of office, commercial, regional and technology uses within an integrated environment(PCESP Sections 3.1 and 3.2). Planning Commission Report 4 Appeal of UD 99-002 August 9, 1999 Page 5 3) Establishment of agricultural operations is inconsistent with the overall intent of the Pacific Center East Specific Plan "Regional.Center" and "Office Center" land use designations which encourage a variety of office and commercial uses (PCESP Sections 4.3.A and 4.4.A). 4) Although the appellant indicated that operations could be on a four to six month cycle, on-going operations could act to preclude.development. A series of four.to six month operational cycles would become an establishment of a permanent use that is inconsistent with the overall intent of the Pacific Center East Specific Plan. Further, establishment of a permanent use would be defined as a "project" under California Public Resources .Code Section :21065 and be subject to the development standards and prerequisites contained within the Specific Plan. 5) The proposed use is not compatible with permitted office and commercial uses. The presence of agricultural operations in close proximity to highly developed areas and major infrastructure(SR-55 Freeway)would have a negative impact and could be disruptive in terms of dust and odors. Further, agricultural operations • could lead to the introduction of chemicals to the soil which is difficult.to monitor and mitigate and could require soil remediation procedures prior to future development.. 6) Denial of the Use Determination will not prevent the property owner from developing the site with any of the uses permitted by the Specific Plan. 7) The Use Determination process is intended to provide a mechanism for permitting uses that are similar to permitted or conditionally permitted uses in the Specific Plan. As noted above, agricultural operations are not consistent with, and dissimilar to, the permitted office and commercial uses and are not appropriate in the context o e Pacific Center East Specific Plan. r dley . Ev n Karen Peterson Assists r Acting Senior Planner BEUD99002final.doc Attachments: A.' Location,Map B. Use Determination 99-002 C. Letter of"Appeal dated July 1, 1999 D. Pacific Center East Excerpts E. Resolution 3685 ATTACHMENT`A , LOCATION MAP r LOCATION MAP ,�_ _ I I 1111 Fjl - r' OGC.c.a.a/r(Sr,'r.µl S­IA O`e/4A!t� 1 r r - / r EGINGER AVENUE � 1 i i . 1 W r r 7 13571 N Y r £ I� i r r I i k 1 I . I l I z n �I j VALENCIA ATTACHMENT B USE DETERMINATION 99-002 L • r 1 • �y44`14•.1 ,,,yyy, '0111:MU.-;�y ❑e�InlO i(?�'r:t Dr��2rir , i;i z-xvs.r ti+�msr,�vaxzcva��r�raYiv�...si¢r�.nm.�-ez�rar.--•— _•v_��= fs-e � • •••_•• r= June 24, 1999 300 Cen,e = Irving M. Chase AAE Pacific Park Associates, LLC 129 West Wilson Street, Suite 100 Cosia Mesa, �,"-; 92627 SUBJECT: USE DETERMINATION 99-002 Deer Mr. Chase: Than': you for your applications, received June 15, 1999, for a Use Determination to determine whether an agricultural use is permitted within the "Regional Center- & Office Center" land use planning area of the Pacific Center East Specific Plan and a Temporary Use Permit to establish farming of row crops on a 34 acre parcel located to the northeast of the intersection of the SR-55 Freeway and Valencia Avenue. On • January 13, 1999, a similar request was considered by-the Director of Community Developme,__: and was denied. Agricultural uses are not permitted at the subject location based upon the findings contained in Exhibit A, attached. This determination may be appealed to the Planning Commission by any person provided that a petition indicating why the action is being appealed and an appeal fee is submitted. The Community Development Deparment action will become final unless an appeal and fee', as noted above, is received by the Department within seven (7) calendar days from the date of this letter. Should you have any questions about the Department's action, please call me at (714) 573-3031 or Karen Peterson, Acting Senior Planner, at (714) 57373123. Sincerely, ,z Eiizabeth A. Binsack Director of Community Development Attachments: Exhibit A SKP.kbmluse determinaGonslud99-002 EXHIBIT A USE DETERMINATION 99-002 • JUNE 243 1999 [. The Community Development Department finds and determines as follows: A. That a proper application, Use Determination 99-002, was filed on June 15, 1999 by AAE Pacific Park Associates, LLC, requesting 'authorization to establish agricultural operations on vacant properties located to the northeast of the intersection of the SR-55 Freeway and Valencia Avenue and more specifically identified as Assessor Parcel Numbers 430-251-01, 02, and 03 and 430-251-06, 07, 08, 09, and 10. B. That th.e subject properties are located within the."Regional Center" and "Office Center" land use planning areas ofthe Pacific Center East Specific- Plan. C. That the "Regional Center" is intended for the development of a mixed use commercial and office center, with opportunities for both office and commercial uses whose focus is beyond services for the immediate project area and the "Office Center" is intended for the development of corporate, professional and general offices with limited supporting commercial uses. D. That agricultural uses are not listed as permitted or conditionally permitted in the "Regional Center" or"Office Center" land use planning areas. E. That pursuant to Section 4.3(E) and 4.4(E) of the Pacific Center East Specific Plan, the Director of Community Development is authorized to determine whether unlisted uses are permitted or permitted subject to approval of a Conditional use Permit. F. Tho{ an agricultural use in the proposed location is inconsistent with the purpose of the Pacific Center East Specific Plan which is designed to encourage development of necessary support services, facilities, and infrastructure to provide for ultimate buildout of the area. G. That establishment of an agricultural use in the proposed location is inconsistent with the "Regional Center" and "Office Center" planning areas in that it does not implement the development concept which encourages a variety of office and commercial uses. H. That establishment of an agricultural use in the proposed location is an impediment to the implementation of the Pacific Center East Specific Plan Circulation Plan and conflicts with the dedication of required right-of-way for the extension of Newport Avenue south of Edinger Avenue, the • realignment of Del Amo, and the realignment of the northbound State Route (SR)-55 on and off-ramps serving Edinger Avenue. Exhibit A Pace 2 { I. That a similar request, Use Determination 98-002, was denied on January 13, 1999. No new information has been submitted that would affect the decision on Use Determination 99-002. J. That'projects that are denied are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15270 of the State CEQA Guidelines. 11. Th.e Community Development Department hereby determines that anagricultural use in the proposed location is a prohibited use and denies without prejudice Use Determination 99-002, a request to establish an agricultural use-on vacant property located at northeast of the intersection of.-the SR-55 Freeway and Valencia Avenue within the "Regional Center" and "Office Center" land use planning areas of the Pacific Center East Specific Plan. ATTACHMENT C LETTER OF APPEAL JULY 15 1999 E)�COUN7Y ja,�04 ` G July 1, 1999 Ms. Elizabeth A. Binsack Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92780 Re: USE-DETERMINATION 99-002 ' Dear Ms. Binsack, This is an appeal to petition the Community Development Department for a reconsideration of their findings and determination of Use Determination 99-002. In your denial of our temporary-use application I have studied Exhibit A of your response and am concerned that you may have thought that our agricultural cultivation of the parcel might have long term implications to the "Regional Center" and"Office Center". I would like to clarify to you and your staff that our farming operations are nothing more than an interim use activity prior to development. We have a 50 year record of working within this very urban county. As the oldest active agricultural tenant of The Irvine Company we have become more than accustomed to the demands of their development schedule. We are not a nursery or orchard operation which take a great deal of infrastructure and time commitment. We have the ability to farm on a 4-6 month timeline and can easily vacate the premises given short notice. Our current short term leases with the Diocese of Orange, Sakioka Properties, Shea Homes, BRE/South Coast, LLC, Southern Calif. Edison, Orange County Water District and The Irvine Company should provide evidence that our operations are compatible with future development plans. It can be further demonstrated that our presence can actually assist the future developer with problems of ground conditions, weed abatement, poor level and drainage, rodent and insect predation/infestation,.dumping and trash removal. It also builds a solid soil base for all future landscaping activities. I believe that you may have interpreted our agricultural presence-as a hindrance to development. The present landlord understands our intent to i farm and does not feel it is in any way an impediment to their development plans. I am 5951 Trahuco Road Irvine, EA 92620 (949) 651-9106 FAX (949) 651-9165 concerned that your decision is based on an incorrect assumption about the duration and nature of our vegetable operations. Please be assured that our presence on the AAE . Pacific Park Associates, LLC property would not impede in the implementation plans for the Pacific Center East Specific Plan etc. The aesthetic value ofaariculture within a community is yet another issue that this kind of determination does not encompass. I am convinced that agriculture in any of its many forms can be compatible with the interests of all communities. Those of us in agriculture have a lot of work to do to remind the public that we are an asset and resource to any community. I hope the Community Development Department will reconsider their .decision of USE DETERMINATION 99-•002. 1 look forward to meeting with you and the planning staff to pursue this appeal. Sincerely, A.G. Kawamura Principal ATTACHMENT D EXCERPTS PACIFIC CENTER EAST SPECIFIC PLAN Pacific Center East Specific Plan d. Minimum space between buildings - 10. feet 4. Landscape setbacks' a. Newport Avenue - 30 feet b. Edinger Avenue ; 20 feet C. Red-Hill Avenue - 30 feet 5. Maximum floor area ratio - Planning Area 2 - 0.35, Planning Area 4 = 0.13 6. Landscaping - compliance with City of Tustin landscaping and irrigation requirements and Section 3.5 of this specific plan. 7. Parking - compliance with off-street parking standards contained in Section 4.6. 8. Loading - compliance with loading standards contained in Section 4.7. 9. General regulations - refer to Section 4.8, for oth_er compliance general regulations. S 4.3 Regional Center A. Purpose and Intent This land use designation is intended for the development of a mixed use commercial and office center,with opportunities for both office and commercial uses whose focus is beyond services for the immediate project area. Regulations integrate properly a mixture of hotel, office and commercial uses. Principal land uses for the Regional Center are limited to office, hotel and commercial uses with certain limitations noted in this Section and in Section 4.8. B. Location Planning areas designated in the Land Use Plan as Regional Center are Planning Areas 5, 6, 7, 11 and 14. C• Permitted Uses and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol"P" occurs or by conditional use permit where the symbol "C" appears, subject to any identified limitations contained herein or in Section 4.8. 43 f City of Tustin 7. Parking'—compliance with off-street parking standards contained in Section 4.6. 8. Loading - compliance with loading standards contained in Section 4.7. 9. General regulations - refer to Section 4.8 for .other compliance general regulations. 4.4 Office Center A. Purpose and Intent This land use designation is intended £or the development of corporate, professional and general offices with limited supporting commercial_uses (see Table 6). Regulations provide an appropriate character which complements surrounding, existing and planned uses. -Principal land uses for the office center are primarily corporate and professional offices with certain limitations noted in this Section and in Section 4.8. It is intended that commercial retail and service uses shall be well-integrated components of office uses and serve as complementary support services. B. Location Planning areas designated in the Land Use Plan as Office Center are Planning Areas 8, 10, 3 13. C. Permitted Uses and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" appears, subject.to any identified limitations contained herein or in Section.4.8, Table 6. 1. Offices permitted or conditionally. permitted in the Commercial Center designation plus corporate. offices P 2. Retail and service uses permitted or conditionally permitted in the Commer- cial Center-designation P/C 3. Restaurants, family or specialty, only in Planning Area 8 and 10 P D. Temporary Uses Temporary uses shall be regulated pursuant to the applicable section of the Tustin City .Code. _ 46 E} I- . ATTACHMENT D RESOLUTION NO. 3685 1 , RESOLUTION NO. 3685 2 A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL OF USE DETERMINATION 99-002 AND 4 DETERMINING THAT AGRICULTURAL USES ARE PROHIBITED WITHIN THE REGIONAL CENTER AND 5 OFFICE CENTER LAND USE DESIGNATIONS IN THE 6 PACIFIC CENTER EAST SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as 8 follows: 9 I. The Planning Commission finds and determines as follows: 10 A. That a proper application, Use Determination 99-002, was 11 filed on June 15, 1999 by AAE Pacific Park Associates, LLC, 12 requesting authorization to establish agricultural operations on vacant properties located to the northeast of the 13 intersection of the SR-55 Freeway and Valencia Avenue and 14 more specifically identified as Assessor-Parcel Numbers 430-251-01, 02, and 03 and 430-251-06, 07, 08, 09, and 10. is B. That the subject properties are located within the "Regional 16 Center" and "Office Center" land use planning areas of the 17 Pacific Center East Specific Plan. 18 C. That agricultural uses are not listed as permitted or conditionally permitted uses in the "Regional Center" or 1� "Office Center" land use planning areas of the Pacific Center 20 East Specific Plan (PCESP Sections 4.3(E) and 4.4(E)). 21 D. That pursuant to Section 4.3(E) and 4.4(E) of the Pacific 22 Center East Specific Plan, the Director of Community Development is authorized to determine whether unlisted 23 uses are permitted, conditionally permitted, or prohibited. za E. That pursuant to Section 4.3(E) -and 4.4(E) of the Pacific 25 Center East Specific Plan, the appellant filed an application for Use Determination 99-002 on June 15, 1999. The 26 Director of Community Development determined on June 24, 27 1999, that agricultural uses were prohibited within the Pacific Center East Specific Plan. 0211 F. That pursuant to Section 4.3(E). and 4.4(E) of the Pacific 29 Center East Specific Plan, Orange County Produce filed an appeal of the Director's decision on July 1,, 1.999. Resolution No. 3685 1 Page 2 • 2 G. That a decision to deny the establishment of agricultural 3 operations at the subject site can be supported by the following findings; 4 5 1) Establishment of agricultural operations is inconsistent with General Plan Land Use Element Goals and 6 Policies which state, "The future image of the Pacific Center East area will consist of a more intensive and 7 integrated business park environment. The area's 8 distinct location adjacent to SR-55 creates a significant opportunity to capitalize on its freeway orientation to 9 achieve regional recognition." 10 2) Establishment of agricultural operations is inconsistent 11 with the overall concept for the Pacific Center East Specific Plan is to provide a planned community 12 development which encourages a variety of office, 13 commercial, regional and technology uses. within an integrated environment(PCESP Sections 3.1 and 3.2). 14 15 3) Establishment of agricultural operations is inconsistent with the overall intent of the Pacific Center East 16 Specific Plan "Regional Center" and "Office Center' land use designations which encourage a variety of 17 office and commercial uses (PCESP Sections 4.3.A 18 and 4.4.A). 19 4) Although the appellant indicated that operations could 20 occur on a four to six month cycle, on-going operations could act to preclude development. Further, a series of 21 four to six month operational cycles would become an establishment of a permanent use that is inconsistent 22 with the overall intent of the Pacific Center East 23 Specific Plan. Further, establishment of a permanent.. use would be defined as a "project" under California 24 Public Resources Code Section 21065 and be subject to the. development standards and prerequisites 2s contained within the Specific Plan. 26 5) The proposed use is not compatible with permitted 27 office and commercial uses. The presence of 28 agricultural operations in close proximity to highly developed areas and major infrastructure (SR-55 29 Freeway) would have a negative impact and could be disruptive in terms of dust and odors. Further, agricultural operations could lead to the introduction of chemicals to the soil which is difficult to monitor and mitigate and could require future soil remediation procedures prior to future development occurring. Resolution No. 36.85 , I Page 3 2 6) Denial of the Use"Determination will not prevent the 3 property owner from developing the'site with.any of the uses permitted by the Specific Plan: 4 7) The Use Determination process is intended to provide s a mechanism. for permitting uses that are similar to 6 permitted or conditionally permitted uses in the Specific Plan. As noted above, agricultural operations are not 7 consistent with, and dissimilar to, the permitted office and commercial uses and are not appropriate in the context of the Pacific Center East Specific Plan. 9 H. That projects that are denied are statutorily exempt from the 10 requirements of the California Environmental Quality Act 11 (CEQA), pursuant to* Section 15270 of the State CEQA Guidelines. 12 13 Il. The Planning Commission hereby denies the appeal of Use Determination 99-002 and determines that agricultural uses are 14 prohibited uses in the "Regional Center" and "Office Centel" land use planning areas of the Pacific Center East and. Plan. 16 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th day of August, 1999. 17 I8 ' 19 LESLIE A. PONTIOUS Chairperson 20 21 ELIZABETH A. BINSACK 22 Planning Commission Secretary 23 STATE-OF CALIFORNIA) COUNTY OF ORANGE ) 24 CITY OF TUSTIN ) 25 I, ELIZABETH.A. BINSACK, the undersigned, hereby certify that I am the 26 Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3685 was duly passed and adopted at a regular meeting rof 27 the Tustin.Planning Commission, held on the 9th day of August, 1999. 28 29 ELIZABETH A. BINSACK Planning Commission Secretary ITEM#6 Oeportto the Planning Commission DATE: AUGUST 9, 1999 SUBJECT: CITY COUNCIL.ACTION AGENDAS, JULY 19, 1999 AND AUGUST 2, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT • ATTACHMENT: CITY COUNCIL ACTION AGENDAS-JULY 19, 1999 AND AUGUST 2, 1999 i ACTION AGENDA CITY COUNCIL REGULAR MEETING JULY 19, 1999 • 7:07 P.M. CALL TO ORDER GIVEN INVOCATION - Mr. Bill Stevens, Salvation Army Church GIVEN PLEDGE OF ALLEGIANCE THOMAS ABSENT ROLL CALL PRESENTED PROCLAMATION - Former Planning Commissioner Scott Browne (absent), and former Parks and Recreation Commissioners Don Biery, Michael Bova (absent), and Elaine Dove PUBLIC INPUT MARGARETE.THOMPSON: INVITED-THE PUBLIC.TO ATTEND THE SENIOR.CENTER 1OTa ANNIVERSARY CELEBRATION AND OPEN HOUSE ON • .JULY 28TH PUBLIC HEARING ( ITEMS 1 THROUGH 3 ) APPROVED STAFF 1. • LOCAL LAW ENFORCEMENT BLOCK-GRANT PROGRAM RECOMMENDATION The Omnibus Appropriations Act for fiscal year 1998 authorizes the Director 'of the Bureau of ' Justice Assistance to make funds available to local government under the Local Law Enforcement Block Grants programs for. reducing crime and improving public safety_. The Police Department proposes to expend these funds for the purchase of a Mobile Command Post/Substation. Recommendation by the Police Department: 1. Open and close the Public Hearing. 2. Authorize usage of funds. Action Agenda —City Council July 19, 1999— Page 1 . ADOPTED 2. RESOLUTION NO. 99.54 ADOPTING THE CITY BUDGET RESOLUTION AND WATER ENTERPRISE BUDGET FOR THE FISCAL NO. 99-54 YEAR-1999/2000 • Staff is requesting City Council adopt the budgets for the City and the Water Enterprise for. Fiscal Year, 1999/2000. Recommendation: Adopt the following Resolution No. 99-54 appropriating the City's governmental Funds of $36,853,567; Special Revenue Funds, $14,447,937; and the City's Water Enterprise Budget of $17,751,371 as recommended by the Finance Director: RESOLUTION NO. 99-54 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 1999-2000 ADOPTED . 3. NEWSRACK PERMIT FEE RESOLUTION NO. 99-53 The City's fee schedule does not include a fee for issuing (3-1 JP'OP) a newsrack permit:� City Council approval is required to establish-a newsrack permit fee. Recommendation: Adopt the.following Resolution No. 99-53 approving a newsrack permit fee as recommended by the Community Development Department: RESOLUTION NO. 99-53 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE FOR PLANNING FEES AND SERVICE CHARGES WITHIN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT CONSENT CALENDAR ( ITEMS 4 THROUGH 15 ) APPROVED 4. APPROVAL OF MINUTES -- JULY" 6, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 6, 1999. APPROVED . 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Action Agenda —City Council July 19, 1999— Page 2 Recommendation: Approve Demands in the amount of $1,333,470.27 and ratify Payroll in the amount of $392,473.39. APPROVED 6. AWARD OF CONTRACT FOR CUSTODIAL SERVICES FROM JULY 1, 1999, THROUGH JUNE 30, 2000, WITH THE OPTION OP THREE, ONE-YEAR EXTENSIONS . Recommendation: Award this Custodial Services Contract, for the Fiscal Year 1999/2000 to Pacific Building Care, Inc., in the amount of $173,594.52, and authorize .the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Field Services Division. APPROVED 7. AWARD OF CONTRACT FOR CONSTRUCTION OF WELL SITE FACILITIES UPGRADES (CITY PROJECT NO. 600077) Recommendation: Award the contract for.the subject project to Norman A. Olsson Construction of Orange, California, in the amount of $560,294 as recommended -by the Public Works Department/Water Division. APPROVED 8.- RELEASE-OF .MONUMENTATION BOND FOR TRACT NO. 14784 (VALENCIA) • Recommendation: Authorize release of Monumentation Bond No. 13-40.38 in the amount of $5,000.00 for-Tract No. 14784 as recommended 'by the Public Works Department/Engineering Division. APPROVED 9. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14837 (VALENCIA) Recommendation: Authorize the release of the following bonds for Tract No. 14837: Faithful Performance Bond No. 13-40-36 in the amount of $35,806.00; Labor and Materials Bond No. 13-40-36 in the amount of $17,903.00; and Monumentation Bond No. 13-40-37 in the amount of $4,600.00 as recommended by the Public Works Department/Engineering Division. ADOPTED 10. RESOLUTION NO. 99-51 —A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-53. ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION AND- SLURRY SEAL PROJECT, 1998. 99 FY (CIP 700001) Action Agenda —City Council July 19, 1999 —.Page 3 Recommendation: Adopt Resolution No. 99-51 .accepting the works of improvement and authorizing recordation of a Notice of Completion for the annual- asphalt concrete rehabilitation and slurry seal project, FY 1998-99; release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no claims or stop notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion the Council authorize payment of the final 10% retention in the amount of $59,1.06.18 as recommended by the Public Works Department/Engineering Division. ADOPTED 11. RESOLUTION NO. 99-57 --A RESOLUTION OF THE CITY RESOLUTION - COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-57 ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 1998-99 (PROJECT NO. 4020-6235) Recorni-nendation: -.Adopt , Resolution No. 99-57 . accepting the "works of improvement and authorizing recordation of Notice of Completion for annual sidewalk and curb and gutter repair project, FY. 1998-99 (Project No. 4020-6235); release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; release the Faithful Performance Bond not sooner than on year after the date of recordation of the Notice of Completion; and assuming no claims or Stop Notices are filed, it is further recommended that 35 days after the date of recordation of the Notice of Completion the City Council authorize payment of the final 10,70 retention in the amount of $27,369.90 to Kovac, Inc. as recommended by the Public Works Department/Engineering Division. RATIFIED 12. PLANNING COMMISSION ACTION AGENDA — JULY 12, 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 July 12, 1999. i Action Agenda —City Council July 19, 1999— Page 4 APPROVED 13. REQUEST BY SYCAMORE GLEN CONDOMINIUM ASSOCIATION FOR REIMBURSEMENT OF PERMIT FEES Recommendation: -Deny the request as recommended • by the City Attorney's Office. ADOPTED 14. APPROPRIATION LIMIT FOR FISCAL YEAR 1999/2000 RESOLUTION Recommendation: Select the change in the California NO. 99-55 per Capita Personal Income as the price factor for adjusting the 1999/2000 appropriation limit; and adopt the following Resolution No. 99-55, setting the appropriation limit for Fiscal Year 1999/2000 at $35,112,465 as recommended by the Finance Director: RESOLUTION NO. 99-55 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 1999-2000 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF -THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE RECEIVED 15. QUARTERLY INVESTMENT REPORT AND FILED In compliance with Government Code Section 53646, the Investment Report for the quarter ending June 30, 1999, 'is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. ' REGULAR BUSINESS ( ITEMS 16 THROUGH 17 ) RECEIVED 16. STATUS OF TRAFFIC CONDITIONS AND POLICE AND FILED ENFORCEMENT ACTIVITIES ' ON PROSPECT AVENUE NORTH - OF IRVINE BOULEVARD AND SOUTH OF SEVENTEENTH STREET Based upon review of the traffic conditions and police enforcement activities on Prospect Avenue north of Irvine Boulevard and south of Seventeenth Street, there is no dangerous condition and a normal level of public safety is being provided on this roadway at this time. Recommendation: Receive and file as recommended by the Public Works Department/Engineering Division. Action Agenda —City Council July 19, 1999" Page 5 • i DIRECTED 17. LIBRARY iSU,RVEY RESULTS LIBRARY SUBS • COMMITTEE The firm of Godbe Research and Analysis will be making TO MEET WITH a presentation on the. recently completed public opinion COUNTY survey for an expanded library to serve the Tustin Community. ; Recommendation: Direction of the City Council.' PUBLIC INPUT • BERKLEE MAUGHAN: SUGGESTED' LIBRARY LAND ACQUISITION ALTERNATIVES INCLUDE: MCAS TUSTIN LAND ALLOCATION, .REDEVELOPMENT AGENCY FUNDING, AND DEVELOPER FEES. STAFF RESPONDED THAT .THE PERIOD FOR ACQUIRING MCAS LAND FOR PUBLIC USE HAS BEEN CLOSED -AND EARLIER SURVEYS HAD INDICATED THE PUBLIC'S DESIRE FOR ;A CENTRALLY LOCATED LIBRARY. OTHER BUSINESS / COMMITTEE REPORTS DOYLE: COMMENDED POLICE DEPARTMENT'S BICYCLE PATROL AND GANG UNITS' COMMENDED PUBLIC WORKS DEPARTMENT FOR CONDITION OF CITY STREETS SENT PERSONAL MESSAGES TO FRIENDS POTTS: THANKED JACK GRACE FOR BRINGING TUSTIN GARDENS' PROBLEMS TO THE, ATTENTION OF STAFF AND COUNCIL REQUESTED STATUS REPORT ON BRYAN AVENUE AND- POTENTIAL INSTALLATION OF LEFT TURN LANE SALTARELL_ L• NOTED THE 'INSUFFICIENT NUMBER OF SWING SETS AND ACTIVE EQUIPMENT AT CITY PARKS AND REQUESTED THE MATTER BE RESOLVED EXPEDITIOUSLY REPORTED THE ORANGE COUNTY SANITATION DISTRICT WAS PROCEEDING WITH THE EIR PROCESS TO INSTALL A GROUND WATER REPLENISHMENT SYSTEM, EXPLAINED HOW THE SYSTEM OPERATED, AND THE SYSTEM WOULD PROVIDE THE LEAST EXPENSIVE SOURCE-OF.WATER Action Agenda —City Council July 19, 1999— Page6 I, WORLEY: INVITED THE PUBLIC TO ATTEND THE CONCERTS IN THE PARK SERIES HELD ON WEDNESDAY EVENINGS REQUESTED STATUS ON THE CITY-OWNED VACANT LOT • ON EL CAMINO REAL AND THE PROPOSED GARDEN.USE REQUESTED STATUS ON OLD TOWN'S NEW STREET SCAPE IMPROVEMENTS. STAT:F-RESPONDED PROPOSALS WOULD BE AVAILABLE WITHIN- 30 DAYS AND COUNCIL WOULD BEPROVIDED A TIMELINE SCHEDULE REPORTED THE ORANGE COUNTY FIRE AUTHORITY BOARD WOULD BE CONSIDERING A PROPOSAL TO MAINTAIN ALL CITY FIRE CONTRACTS FOR A 10 YEAR -PERIOD BEGINNING AT-A 3.5% RATE ANNOUNCED CLOSED SESSION - The City Council shall convene in closed session to-confer with the City Attorney regarding pending litigation to which the City is a party, namely: -ETRPA, et. al vs. Orange County Board of Supervisors, Case No. D030810 in the Court of Appeal, Fourth Appellate District. 8:38 P.M. ADJOURNMENT - The next regular meeting of the City Council is scheduled- for Monday,. August 2, 1999, at 7:00.. : m pm. in.the Council Chaber at 300 Centenniai Way. Action Agenda —City Council July 19, 1999— Page 7 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELORMENT.AGENCY JULY 19, 1999 8:38 P.M. CALL TO ORDER THOMAS ABSENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 3 ) APPROVED 1. APPROVAL OF- MINUTES — JULY 6, 1999 REGULAR MEET[NG Recommendation: Approve the Redevelopment Agency Minutes of July 6, 1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $30,997.70. ADOPTED 3. RESOLUTION RDA NO. 99-1 ADOPTING THE AGENCY RESOLUTION BUDGET AND APPROPRIATING REVENUE OF THE NO. RDA 99-1 AGENCY FOR.FISCAL YEAR -1999/2000 Staff is requesting the: Agency adopt the budget for the Tustin Community Redevelopment Agency for Fiscal Year 1999/2000. Recommendation: Adopt Resolution RDA No: 99-1, a Resolution of the Board of Directors of the Tustin Community Redevelopment Agency,, adopting the Agency's 1999/2000 Budget of $9,534,308. RESOLUTION RDA NO. 99-1 — A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE AGENCY BUDGET AND APPROPRIATING FROM ANTICIPATED REVENUE OF THE AGENCY FOR .THE FISCAL YEAR 1999-2000 OTHER BUSINESS POTTS: COMMENDED CITY MANAGER AND COMMUNITY DEVELOPMENT DEPARTMENT 'FOR 'EFFORTS TO SAVE INSECT.INFESTED EUCALYPTUS TREES h i Action Agenda—Redevelopment Agency:Juiy 19;1999—Page 1 POTTS: SUGGESTED `USING EXCESS PARK CONTINGENCY FEES FOR PURCHASE OF ADDITIONAL SWING SETS AND PLAY EQUIPMENT NONE CLOSED SESSION - None 8.4O_P.M. ADJOURNMENT • - The. next regular meeting of the Redevelopment Agency is scheduled for Monday, August 2, r 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ' 4 Action Agenda—Redevelopment Agency July 19, 1999—Page 2 ACTION AGENDA CITY COUNCIL REGULAR MEETING s AUGUST 2, 1999 7:05 P.M. CALL TO ORDER r GIVEN INVOCATION - Coundilmember Potts PRESENTED PLEDGE OF ALLEGIANCE YMCA Indian .Maidens COLORS ALL PRESENT ROLL CALL PRESENTED PRESENTATION - MADD Awards to Police Officers Kilgore, Sauerwein and Wright PUBLIC INPUT RON 'BEAULAC: THANKED COUNCIL FOR THEIR SUPPORT OF PILOT ._­- -, AFTER=SCHOOL PROGRAM AT HEIDEMAN,SCHOOL CLARENCE MCCOLLUM EXPRESSED OPPOSITION TO PROPOSED AND MICHELE MEYER: DRUG/ALCOHOL REHABILITATION CENTER ON CARFAX DRIVE AND REQUESTED CITY STAFF ASSISTANCE SARA GRANIK: EXPRESSED FRUSTRATION WITH-CITY STAFF RESPONSE AND, TREATMENT OF HER FAMILY ' REGARDING AN INSECT 1NFESTED EUCALYPTUS TREE ADJACENT TO THEIR PROPERTY PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) ADOPTED 1.. TENTATIVE PARCEL MAP 99-161 (APPLICANT: RESOLUTION GREGORY BENNETT) NO. 99-6x Tentative Parcel Map 99-161 is a request to combine the three .lots located .at 145, 155 and, 165 EI Camino Real into one lot for the purpose of developing a 10,712 square foot building. Recommendation by the Community _ Development Department: J I Action Agenda — City Council August 2, 1999— Page 1i• 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. 99.61 approving Tentative Parcel Map 99-161: 40 RESOLUTION NO. 99-61 -. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,- CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 99-161 TO COMBINE THE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE FOOT BUILDING ADOPTED- 2. PLACING ASSESSMENTS FOR SOLID WASTE RESOLUTION COLLECTION ON THE 1999-00 TAX ROLL NO. 99-60 A public hearing is required to place the proposed trash fees on the 1999.00 tax roll. ' The proposed rate for residential units is $12.74 per month which is an increase of 1.6%., Recommendation by the Finance Department: 1..Open and close the Public Hearing. 2.-Adopt -the following Resolution No. 99-60 placing assessments for solid waste collection for residential units only on the-tax roll for fiscal year 1999-00: RESOLUTION NO. 99-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET ' SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES,- AND DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL CONSENT CALENDAR ( ITEMS 3 THROUGH 19 ) APPROVED 3. APPROVAL OF MINUTES — JULY 19, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 19, 1999. Action Agenda —City Council August 2, 1999 -- Page 2 APPROVED 4. APPROVAL OF - DEMANDS AND RATIFICATION OF V - PAYROLL Recommendation: Approve Demands in the amount of $3,454,919.70 and ratify Payroll ; in the amount of .$406,843.20. RECEIVED . 5. YEAR 2000 PLAN UPDATE REPORT=AUGUST AND FILED Recommendation: . Receive and file subject report as recommended by the Finance and Community Development Departments. RECEIVED 6. CENSUS 2000 UPDATE AND FILED Recommendation: Receive and file subject report as recommended by the Community Development Department. APPROVED 7. YEAR 2000 TELEPHONE SYSTEM MODIFICATIONS Recommendation: Approve telephone system upgrades with Pacific Bell and appropriate $23,000 from the unappropriated fund balance of the General Fund as recommended by the Finance Department. RECEIVED 8. JOHN WAYNE AIRPORT NOISE ABATEMENT AND FILED- QUARTERLY.REPORTS "= Recommendation: Receive and file subject report as S recommended by• , the Community -Development ` Department. APPROVED 9. RELEASE OF BONDS FOR TRACT NO.. 144.10 - (EL DORADO) Recommendation: Authorize release the following bonds for the indicated amounts: Faithful Performance Bond No. 415828S, $86,500.00; Labor and Materials Bond No. 415828S, $43,250.00; .and 'Monumentation Bond No.- 415829S, $15,000.00 as recommended by the- Public Works Department/Engineering Division. APPROVED -10. RELEASE OF MONUMENTATION BOND. FOR TRACT NO. 15527 (VIDORRA) Recommendation: Authorize .release of the following Monumentation Bond for Tract .No. 15527 for the indicated amount: . Monumentation Bond No. 24-003- 411, $3,000.00 as recommended. by the Public Works Department/Engineering Division. APPROVED 11. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 14797 (VIDORRA) I Action Agenda —City Council August 2, 1999— Page 3 Recommendation: Authorize release of the following Monumentation Bond for Tract No. 14797 for the indicated amount: Monumentation Bond No. 24-004- 482, $3,900.00 as recommended by the Public Works Department/Engineering Division. APPROVED 12. RELEASE OF BONDS FOR TRACT NO. 15292 (LA- MONTANA) Recommendation: Authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 3SM-887.357.00, $173,000.00; Labor and Materials Bond No. 3SM-887.357-00, $86,500.00; and Monumentation Bond No. 3SM-887.358-00, $11,594.00 as recommended by the Public Works Department/ Engineering Division. ADOPTED 13. RESOLUTION NO. 99-62 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-62 ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE UNDERGROUND STORAGE - TANK REMOVAL AND REPLACEMENT PROJECT (CIP 100033) Recommendation: Adopt Resolution No. 99-62 acceptingsaid- work 'as complete and authorizing the recordation of the Notice of Completion and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and (2) Release the Faithful Performance Bond not sooner than thirty- five (35) days after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Field Services Division. APPROVED 14. JOINT USE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTHERN CALIFORNIA EDISON COMPANY Recommendation: Approve Joint Use Agreement with the Southern California Edison Company and authorize the Mayor and City Clerk to execute said agreement on behalf of the City-as recommended by the Public Works Department/Engineering Division. ADOPTED 15. RESOLUTION NO. 99.58 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-58 APPROVING LOT LINE ADJUSTMENT NO. 99-2 Recommendation: Adopt Resolution - No. 99-58+ Action Agenda —City Council August 2, 1999 — Page 4 tr - approving Lot Line Adjustment No. 99-2 as recommended by the Public Works Department/ Engineering Division. APPROVED 16. ANIMAL CONTROL/SHELTER CONTRACT FOR `FISCAL YEAR 1999-00 i Recommendation- Authorize the Mayor to execute the- Animal Control/Shelter agreement for fiscal year 1999- 00 in the amount of $131,773 and appropriate an additional amount of $41,773 from the unappropriated fund balance of the General Fund as recommended by the,Finance Department. APPROVED 17.-AMENDMENT TO THE SEVEN YEAR PARK CAPITAL IMPROVEMENT PROGRAM Recommendation: Amend the Parks and Recreation Capital Improvement Program to include improvements to ,the tot lot at Laurel Glen Park and the development of a master plan for Lemon Tree Park in fiscal year 1999- 00 as recommended by Parks and Recreation Services. ADOPTED 18:RESOLUTION NO.. 99-59 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OFTUSTIN, CALIFORNIA, NO. 99-59 AP.PROVI:NG PLANS AND . SPECIFICATIONS AND = Y - - AUTHORIZING.. ADVERTISEMENT FOR BIDS FOR PEPPERTREE/MAGNOLIA TREE, PARK REHABILITATION (PROJECT NO. 400039) Recommendation: ' Adopt Resolution No: 99-59 approving plans and specifications for rehabilitation of Peppertree and Magnolia Tree Parks,, and authorizing the City Clerk to advertise for bids as recommended by Parks and Recreation-Services. - APPROVED 19.. DENIAL OF CLAIM NO. 99-12,' CLAIMANT: ALYCE SKALLERUD 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: REGULAR BUSINESS ( ITEMS 20 THROUGH 23 ) APPROVED 20. CITY ATTORNEY RETAINER AGREEMENT INCREASED - _ RATES, Rates for the City Attorney have not increased since 1995. Proposed rates for all work are $135 per hour for associate attorneys, $145 per 'hour for partners, and Action Agenda —City Council August 2, 1999— Page 5" $75 per hour for paralegals. Recommendation: Pleasure of the City Council. TABLED 21. ORDINANCE N0. 1219 — REGULATION OF ORDINANCE ROLLERSKATING AND SKATEBOARDING ACTIVITIES NO. 1219 The Parks and Recreation Department recommends adoption of proposed Ordinance No. 1219 to regulate rollerskating and skateboarding activities on private and public property. Recommendation by the Parks and Recreation Department: 1. Have first reading by title only of Ordinance No. 1219. 2. Introduce the following Ordinance No. 1219: ORDINANCE NO. 1219 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 6 OF THE TUSTIN CITY CODE TO INCLUDE CHAPTER 8 WHICH REGULATES ROLLERSKATING AND -SKATEBOARDING ==" ON PRIVATE OR PUBLIC PROPERTY OTHER THAN STREETS WAIVED ALL 22. FEE WAIVER — DINOSAUR DASH COSTS/FEES The Tustin Public Schools Foundation has requested waiver of staff costs, and equipment and permit fees for the 1999 Dinosaur Dash. Recommendation: .Pleasure of the City Council. RECEIVED 23. STATUS REPORT OF THE TUSTIN COMMUNITY AND FILED FOUNDATION The President and Executive Director of the Tustin Community Foundation will make a ,presentation to the City Council on the state of the Foundation and their 1998 achievements. Recommendation:. Pleasure of the City Council. Action Agenda —City Council August 2, 1999— Page 6 PUBLIC INPUT RON BEAULAC: SPOKE IN SUPPORT.'OF THE COMMUNITY FOUNDATION AND EXECUTIVE DIRECTOR'S FUNDRAISING EFFORTS OTHER BUSINESS / COMMITTEE REPORTS DOYLE: COMMENDED COMMUNITY DEVELOPMENT DIRECTOR FOR ASSISTANCE RENDERED DURING AN IRATE CITIZEN INCIDENT COMMENDED PARKS AND- RECREATION DIRECTOR FOR THE EXCELLENT, SPEECH HE WROTE FOR THE SENIOR . CENTER ANNIVERSARY CELEBRATION SENT,PERSONAL MESSAGES TO.FRIENDS POTTS: COMMENDED SENIOR CENTER STAFF AND VOLUNTEERS FOR SUCCESSFUL SENIOR CENTER ANNIVERSARY EVENT REPORTED CITIES OF TUSTIN AND IRVINE MAY JOINTLY APPLY FOR GRANT FUNDING FOR PARTIAL COMPLETION. "OF THE PETERS.CANYON-REGIONAL TRAIL REPORTED HE HAD MET WITH THE SOLID WASTE CONSULTANT, SUBMITTED QUESTIONS TO THEM, AND COMMENDED COMMUNITY MEMBERS WHO 'HAD SUPPORTED THE BALLOT. MEASURE SALTARELLI: VERIFIED THAT THE AIR CONDITIONING WAS OPERATING AT THE SENIOR CENTER. THOMAS: NOTED THAT TO HIS DISMAY DURING HIS RECENT VACATION, HE MET ORANGE COUNTY RESIDENTS WHO WANTED TO DISCUSS THE EL TORO AIRPORT ISSUE COMMENDED PARKS AND RECREATION- DIRECTOR FOR 'HIS SPEECH WRITING CAPABILITIES WORLEY: REPORTED DOGGIE BAG'SUPPLY CONTAINERS NEEDED TO BE REPLENISHED COMMENDED MARGARETE THOMPSON FOR ' HER EFFORTS TO INSURE A SUCCESSFUL SENIOR CENTER ANNIVERSARY CELEBRATION Action Agenda--City Council August 2, 1999— Page 7, ' 1 WORLEY: QUESTIONED WHEN THE LIBRARY TASK- FORCE WOULD BE MEETING. STAFF RESPONDED MEETING WAS TENTATIVELY' SCHEDULED, FOR LATE - AUGUST-EARLY SEPTEMBER REMINDED EVERYONE TO ATTEND THE CONCERTS IN THE PARK ON-WEDNESDAY EVENINGS ANNOUNCED CLOSED SESSION - The City Council shall convene in closed session to confer with the City Attorney pursuant to Government Code Section 54956.9 regarding pending litigation to which the City is a party: Irvine Engineering Corporation v. City of Tustin, OC Case No. 807812. 8:21 P.M. ADJOURNMENT - The City Council has scheduled a Solid Waste Services Workshop on August 16, 1999, at 5:30. p.m. in the Community Center; and the next regular meeting of the City Council is scheduled for August 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda'—City Council August 2, 1999-- Page 8 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY _ AUGUST 2, 1999 i. 8:21 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED 1. APPROVAL OF MINUTES — JULY 19, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of July 19,1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: .Approve- Demands in the amount of - $177,669:63. NONE OTHER BUSINESS NONE CLOSED SESSION - None 8:21'P.M. ADJOURNMENT The next regular meeting of the Redevelopment Agency is scheduled for August 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. - - I Action Agenda—Redevelopment Agency August 2, 1999—Page 9