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05-10-99 PC PACKET
AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING MAY 10, 1999 CALL TO ORDER: .7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kawashima INVOCATION: Commissioner Browne ROLL CALL: Chairperson Pontious, Browne, 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 i 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 ACTION.) Planning Commission Agenda May 10, 1999 Page 2 0-6- CONSENT CALENDAR: 1. Minutes of the April 12, 1999 Planning Commission Meeting. PUBLIC HEARINGS: 2. Conditional Use Permit 99-008 a request for authorization to establish a specialty veterinarian office for imaging and treatment within building 14 (Planning Area D) of Jamboree. Plaza. The project is located at 3047 Edinger Avenue within the Planned Community Industrial (PC-IND) zoning district. APPLICANT: VETERINARY NUCLEAR IMAGING ATTN. MICHAEL AND LISA BROOME PROPERTY OWNERS: JAMBOREE PLAZA HOLDINGS, LLC Recommendation That the Planning Commission adopt Resolution No. 3669 approving Conditional Use Permit-99-008. Presentation: Minoo Ashabi, Assistant Planner 3. Use Determination 99-001 and Conditional Use Permit 99-006 a request to operate a music school at 1077 East Main Street. The project is located within the Planned Community Commercial (PC-COMM)zoning district. APPLICANT: STELLA VOLDMAN KEYNOTES MUSIC SCHOOL PROPERTY OWNERS: MAX LEGRAND REALTY Recommendation That the Planning Commission adopt.. Resolution Nos. 3670 acid 3671 approving Use Determination 99-001 and Conditional Use Permit 99-006 to, allow a music school within the Planned Community Commercial (PC- Commercial) retail/office center bounded by Newport Avenue, Bryan Avenue and Main Street: Presentation: Bradley Evanson, Assistant Planner Planning Commission Agenda May 10, 1999 Page 3 REGULAR BUSINESS: 4 Design Review 99-007 a request to establish the Tustin commuter rail station including: a parking lot to accommodate 318 vehicles and loading platforms on a 3.66-acre site. The project is located at 3075-3097 Edinger_ Avenue within the Planned Community Industrial.(PC-IND) zoning district. APPLICANT: CITY OF TUSTIN PROPERTY OWNER: CITY OF TUSTIN Recommendation That the Planning Commission: 1. Adopt Resolution No. 3667 approving the environmental documentation for the project; and, 2. Adopt Resolution No: 3668 approving Design Review 99-007. Presentation: Scott Reekstin, Associate,Planner STAFF CONCERNS: 5. ' Report on Actions taken at the April 19' and May 3, 1999 -City__ Council Meetings Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on May 24, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEM #1 MINUTES TUSTIN PLANNING COMMISSION 40 REGULAR MEETING APRIL 12, 1999 CALL, TO ORDER: 7-00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert INVOCATION: Commissioner Browne ROLL CALL: Chairperson Ponti'ous, Browne, Davert, Kawashima and Kozak Commissioners: Present: Vice Chair Kozak Browne Davert Kawashim,a Absent: Chairperson, Pontious staff: Elizabeth A. Binsack, Director of Community Development Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Justina Will1kom, Associate Planner Lori Ludi, Associate Planner Minoo Ashabi, Assistant Planner Doug Anderson, Senior Project Manager- Transportation Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT' CALENDAR: 1. Minutes olf the March 22 199l9 Planning Commission Meet Commissioner Davert movedCommissioner Kawashima seconded, to approve the minutes. Vice Chair Kozak abstained due to his absence at the March 22, 1999 meeting. Motion carried 3-0. 2. Continued Public Hearing for Conditional Use Permit 98-007 & Design Review 98-007 a request to construct a 1,541 square foot drive-through oil change facility with, two work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District C-1 zone, Town Center Redevelopment Project Area. Planning Commission Minutes April 12, 1999 Page 2 APPLICANT: EZ LUBE MICHAEL J. DOBSON PROPERTY ' OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Vice Chair Kozak complimented staff and the applicant for their work on the EZ Lube project. Commissioner Davert moved Commissioner Kawashima seconded, to adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Motion carried 4-0. PUBLIC HEARINGS: • 3. Continued Public Hearing: Conditional Use Permit 98-022 and Design Review 98-026 a request to establish a commercial parking lot in a 50' by 314' portion of an abandoned railroad right-of-way., The project is located at a vacant parcel to the north of 13031 .Newport Avenue and to the west of 12901-12943 Newport Avenue in the Multiple Family Residential (R-3) zoning district. APPLICANT: JACK STANALAND PLAZA LAFAYETTE, LLC - OWNER: PLAZA LAFAYETTE, LLC Recommendation That the Planning Commission adopt Resolution No. 3662 approving Conditional Use Permit 98-022 and Design Review 98-026. Justina Willkom presented the subject report. The Public Hearing opened at 7:06 p.m. Jack Stanaland, applicant, stated that he did not believe the proposed trail was a good idea.and noted his disagreement with the following items: Resolution item 1.D.3 in that the additional parking spaces should count towards the required parking for the center; Condition 2.1 the wall should be 6' 8" from the parking lot grade; 2.11 security issues can be handled by signage and occasional patrols as opposed to hiring security personnel; Planning Commission Minutes April 12, 1999 Page 3 3.11 noted difficulty with enforcement of employee parking and valet parking all day is not cost effective but he Would be willing to do a study; 3.12 C noted that the area designated for valet parking is part of the lease for the Nieuport 17 restaurant and is under control of the owner and cannot be used for the rest of the center patrons; and, the lease does not give him the authority to require a written response from tenants. He displayed pictures of trash in the empty lot and noted that the parking lot would be a good addition to clean the area. Commissioner Browne noted that hours for valet service were not indicated in Condition 3.12.A The Director indicated that the next section within that condition requests a valet parking plan submittal and noted staff's concern that the valet, where currently located, discourages other individuals from parking in the rear. Commissioner Davert asked staff for a response to issues raised by the applicant. The Director indicated that it would be acceptable to modify the finding to exclude "as required parking spaces for the shopping center," staff wants to ensure that these spaces ' are not going to provide for more intensified uses i.e. another restaurant. Regarding • Condition 2.1 — she stated that the wall should be constructed at 6' 8" .from the highest grade to mitigate any noise or negative impacts. Regarding Condition 2.11 — she indicated that this condition mitigates issues such as noise, safety and to protect patrons and surrounding properties from nuisance conditions. Commissioner Davert asked if staff could accept an affidavit from the property manager that all tenants have been notified and asked if valet parking plan submittal would be handled at the staff:level and noted his concern with requiring the property owner to hire a full time security person. The Director indicated that staff would be willing to accept an affidavit and affirmed that the valet parking plan-would be handled at staff level. David Skelton; 14571 Beeson Lane, stated his opposition to' the trail proposal due to noise, homeless, vandalism, etc. related to a trail. Paul Geary, 14551 Beeson Lane, stated his opposition to a trail and noted that he and several homeowners had submitted an offer to.the railroad to purchase the property. He submitted a petition against the trail. Denise Ildefonso, requested that the traffic study be discarded due to mathematical errors and asked if the Brewing Company was in violation of their resolution. Justina Wi[lkom noted that at the time the variance was approved for the Tustin Brewing Company, the site plan indicated 241 spaces but the actual parking spaces at the site currently is at 232 spaces. Planning Commission Minutes April 12, 1999 Page 4 Doug Anderson, Senior Project Manager- Transportation, restated the errors pointed out by the speaker. Vice Chair Kozak stated that the Commission would revisit the issue to allow staff the opportunity to review the noted errors. Brett Howard, 14472 Clarissa Lane, stated his opposition to the trail due to noise and safety issues. He suggested that the trail be located along Warren Avenue. Paul Sapak, 14512 Clarissa Lane, stated his opposition to the trail due to public safety issues. Sherri Miller, 2800 Keller Drive, County of Orange Trail Planning employee and resident, stated that the County has been working to make the trail a reality and is poised to purchase the property from the railroad authority. She further stated that the property owner of Plaza LaFayette is declining to install a gate and asked the Commission to require the installation of a gate. Commissioner Davert asked if the County of Orange is prepared to indemnify the property owner for any liability he incurs by having people on his property from the County trail and is there any proposal or plan to compensate the property owner for the easement that is being requested. Lois Bobak stated that the question is inappropriate because Ms. Miller is attending the meeting as a resident. Commissioner Davert stated that the Commission should disregard all of Ms. Miller's statements regarding the County's plans for the trail and noted that Ms. Miller did appear at the Community Development Workshop on March 291 as a representative of the County of Orange. Deann Santos, Woodcrest Apartments resident, stated her opposition'to the parking lot due to safety concerns and there is no justification for additional parking; and indicated her frustration that phone calls to the Police Department or Sheriffs Department are routed back and forth and deliveries for Tustin Brewing Company are conducted in the alley next to apartments. George Haltman, 14592 Clarissa Lane, stated his opposition to the parking lot and presented overheads showing trash, broken gate, monitoring well and sewer access on the vacant lot. Christy Jones, Woodcrest Apartments resident, stated her support for a trail citing the benefit to the community. Deborah Johnson, Woodcrest Apartments resident, stated her support for the trail and opposition to the parking lot. Planning Commission Minutes April 12, 1999 Page 5 i . Neil Harkleroad, 10562 Mira Vista 5.treet, stated his support for the trail and opposition to a parking lot and further noted that there have been no complaints from adjoining neighbors on the Seventeenth Street and Fairhaven trail system. Dick Ramage, owner of Woodcrest Apartments, stated his opposition to a parking lot and noted that the parking is adequate. David Knowlton, owner of Tustin Branch trail, stated that he is in negotiations with the " County of Orange to acquire the right of way and acquisition should occur sometime this year and suggested that Mr. Stanaland should live up to the promise made by the previous property owner to install a gate. He further stated the County homeowners' offer to purchase the property was received but was so low the offer was not transmitted to him. Commissioner Davert asked if there was an enforceable covenant in existence that would compel the property owner to install the gate. David Knowlton stated that it was a verbal agreement and nothing was in writing. Nancy Ramage, owner of Woodcrest Apartments, stated her support for the trail and the installation of a gate. Eddie Burch, Executive Director, Tustin Chamber of Commerce, stated.his support for allowing the property owner to do as he wishes with his property. Commissioner Davert stated that he has received many phone calls and visited the site and noted that the Commission is only considering the application for a parking lot expansion. , He further stated that the property, owner is entitled to reasonable development of the property and this is a good opportunity to expand the parking capability., The trail is not on the County's general plan and the County maintains the ability to condemn the property, if necessary. Commissioner Browne stated that the proposed use for the property is reasonable as long as impacts to surrounding residents can be mitigated. Commissioner Kawashima stated his concern for the safety of center employees and noise from rollerskating or skateboarding and Condition 2.11 should remain. Vice Chair Kozak asked Doug Anderson for a response to the errors in the traffic study. Doug Anderson, Senior Project Manager - Transportation, responded that in reference to the 241 parking spaces indicated on Page 3 he would have to look at the previous parking study done in conjunction with the approval of the Tustin Brewery to find out if the number is valid and where the number came from. He noted that there are actually 232 marked parking spaces on site. The table in the Appendix of the study indicates that there are 105 marked parking spaces at the rear of the building, however, the counts that are provided, in some cases, exceed that because they do include valet parking which in Planning Commission Minutes April 12, 1999 Page 6 many cases are tandemly parked 2 cars to 1 space. Page 7 —Table 4, the 205.8 Naces was actually 224 and staff corrected the error with permission from the traffic engineer. The 224 figure comes from the appendix which was the highest counted number of vehicles parked at the time.- The 205.8 spaces at the bottom of the table was a calculation that was done by the engineer to come up with how much square feet of building area was attributable to one space and -the number was carried erroneously. The net parking spaces worse condition if you subtract 224 from 232 leaves 8 spaces and that is the correct conclusion in the study. On six different occasions, City staff observed and provided observations on the parking at noon and evening including Saturdays and found at no time were there not at least one or two parking spaces available due to the coming and going of customers. However, the report does fail to count the six additional parking spaces that were added on street by staff. Staff included those in the study as well as those that parked across the street in the LA Fitness shopping center and walked across the street. Based upon staffs observations, counting Thursday and Friday noon and evening, there was insufficient parking on site. Vice Chair Kozak stated that the facility is overparked and the property owner has proposed a reasonable project to address the issue and further pointed out that Conditions 3.6 and 3.10 can be combined and should include reference to no skateboarding. Commissioner Davert proposed that 2.1 be taken from the high grade as staff has recommended rather than from the parking lot grade; 3.12 remain as written except for D and substitute language that the property owner would provide an affidavit; and, combine 3.6 and 3.10. Lois Bobak noted that a condition could be included that requires the adjacent property owners be given a number to reach someone if there is a problem. Commissioner Davert stated his opposition to Condition 2.11 and asked the City Attorney if the City is responsible for the safety of employees. Lois Bobak responded that the City is not responsible for employee safety but the property owner is responsible. Commissioner Browne stated that the Woodcrest Apartments and residents of Clarissa Lane would be the major beneficiaries of having someone on-site to handle disturbances. Commissioner Kawashima inquired about the cost of security guards. The Director stated that staff could modify the condition to identify that if deemed necessary by the Community Development Director and/or the Police Chief, the applicant shall provide security. Commissioner Davert proposed the modification as the Director has suggested. Commissioner Kawashima stated his concern for the safety of employees. Planning Commission Minutes April 12, 1999 Page 7 • Commissioner Davert stated that the safety of the employees is the responsibility of the property owner. Commissioner Browne asked if the issue on service.calls to.the Tustin Police and Orange County Sheriff could be addressed. The Director stated that it could not be addressed in the resolution but noted that she spoke directly to the City's Chief of Police who identified that it would be inappropriate for someone calling about a problem at Plaza LaFayette to be routed to the Sheriff and he would speak with the City's dispatchers and staff and the Sheriffs Department to ensure that this does not occur in the future. Commissioner Kawashima stated his concern that signage will not deter skateboarding. Commissioner Davert stated that signage allows the residents to call the police who can take care of the problem. The Public Hearing closed at 8:46 p.m.- Commissioner .m.Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3662 amended as follows: Section 1.D.3 delete "as required parking spaces for the shopping center or be used" Condition 2.11 shall read "If deemed necessary by the Community Development Director and/or Chief, of Police, the applicant shall provide security personnel and/or an on-site manager to limit access to the parking lot to employees only and to provide on-site security." Condition 3.10 amended to read "No Skateboarding" and "No Loitering" signs shall be posted on the site with sign details and locations to be approved by the Community Development Department. Said signs shall include the telephone number of an on-site manager or security personnel to address and/or mitigate any violations." Condition 3.92 D be amended to require that the property owner need only provide notice to the tenants and provide an affidavit to the City. approving Conditional Use Permit 98-022 and Design Review 98-026. Motion carried 3-1, Commissioner Kawashima opposed. The Planning Commission recessed at 8:46 p.m. The Planning Commission reconvened at 8:68 p.m. Planning Commission Minutes April 12, 1999 Page 8 4. Conditional Use Permit 98-037 a request to establish a health club within the existing commercial center known as EI Camino Plaza. The project is located at 630 EI Camino Real within the Central Commercial District (C-2P), Town Center Redevelopment Project Area. APPLICANT: BALLY TOTAL FITNESS PROPERTY OWNER: WILLIAM ZAPPAS TRUST Recommendation That the Planning Commission adopt Resolution No. 3665 approving Conditional Use Permit 98-037. Lori Ludi presented the staff report. Commissioner Browne asked Doug Anderson if left turns from Newport Avenue onto El Camino Real would be affected. DougAnderson responded that there would be no turning impacts. P The Public Hearing opened at 9:02 p.m. Art Bannick, applicant's architect, stated that the applicant reviewed the conditions and has no objections. Commissioner Kawashima asked"staff if Condition 2.5 was a standard for health club uses. The Director responded that the condition is imposed because if a licensed practitioner is not on site when massage is taking place, it is considered a massage parlor and individuals would then be required to have different levels of licensing and to ensure that problems do not arise in the future. Vice Chair Kozak noted his concerns with noise, litter and public telephones outside the Building and suggested Conditions 3.12 and 3.14 from the EZ Lube resolution be used for this project. He further noted his concern about the color and scale of the proposed sign. Commissioner Davert suggested that a condition be added to require maintenance of the sign. The Public Hearing closed at 9:10 p.m. s Commissioner Davert moved Commissioner Kawashima seconded, to adopt Resolution No. 3665, amended as follows: Planning-Commission Minutes April 12, 1999 Page 9 Add new Condition 2.14 "All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times." Add new Condition 2.15 "Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed." Add.new Condition 2.16 "All signs and their supporting structures shall be maintained in good condition, structurally safe, and shall comply with the most current Uniform Building Codes, as locally amended. Faded colors shall be repainted or replaced as deemed necessary by the Community Development Department.'! approving Conditional Use Permit 98-037. Motion carried 4-0. 5. Conditional Use Permit 99-004, Design_Review 99-003 a request to raise the height of an existing major wireless facility from fifty (50) feet in height to sixty one (61) feet. Theproject is located at 14451 Myford Road within the Planned Community Industrial (PC-Ind) zoning district. APPLICANT: PACIFIC BELL WIRELESS • ATTN: SHAWN O'CONNER PROPERTY OWNERS: PACIFC BELL ATTN:'LUIS FRANCO Recommendation That the Planning Commission adopt Resolution No. 3663 approving Conditional Use Permit 99-004 and Design Review 99-003. Minoo Ashabi presented the staff report and noted that Condition 2.3-,should be deleted from the resolution because landscaping is not applicable to the project . Vice Chair Kozak asked if the Commission would see another request for a taller monopole due to signal degradation. - 'The Director stated that another request is possible but this monopole is appropriately located and the Wireless Ordinance allows review on a case by case basis and the Commission is not setting a precedent by approving this request. The Public Hearing opened at 9:14 p.m. a • Darrell Daugherty, applicant, stated that he was available if the Commission had any questions. The Public Hearing closed at 9:15 p.m. i y Planning Commission Minutes April 12, 1999 Page 10 Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3663 approving Conditional Use Permit 99-004 and Design Review 99-003. Motion carried 4-0. REGULAR BUSINESS: 6. Status Report on Design Review 97-026 has been agendized to provide a status report on the construction of Phase 11 of Congregation B'Nai Israel's religious and educational facility at 2111 Bryan Avenue within the Community Facility zoning of the East Tustin Specific Plan. APPLICANT: CONGREGATION B'NAI ISRAEL PROPERTY OWNER: CONGREGATION B'NAI ISRAEL Recommendation Receive and file staff report. Karen Peterson presented the staff report. Commissioner Davert asked for the density of the plantings Karen Peterson responded that there are eight trees proposed to be planted six feet on center. Doug Wride, 2052 Burnt Mill Road, reminded the Commission of the twenty five foot mistake made by the temple in the past and noted that they have not been maintaining their landscaping. He stated that the residents were not noticed of Phase I and II and he suggested mitigating the homeowners' concerns with additional landscaping and a softer paint color for the wall. Dale Waldo, 2121 Calavera Circle,,noted that he is a landscape architect and stated that the landscaping needs to be thought out with consideration for buffering of lighting and noise. Darla Bova stated that the temple has been violating construction hours and does not believe there should be any more construction on the site. Diane Alessandrini, 2092 Burnt Mill Road, asked the Commission and staff to visit her home and see the full impact of the temple and suggested that the landscaping should be more lush. Planning Commission Minutes April 12, 1999 Page 11 i Michael Bova, 2072 Burnt Mill Road,.stated that the preschool has not been operating at the approved hours of 8:30 to 3:30 and asked if the City was at fault when the building inspector signed off on the twenty five foot error. Commissioner Davert stated that the Commission is entitled to allow the staff review the question and get back to Mr. Bova with an answer. Scott Nathan, President of B'Nai Israel, stated that the first time these issues came to his attention was at the end of February when he received the letters from Mr. Wride and noted that the temple has tried to resolve the issues with letters, conversation with Mr. Wride and meetings with the City. He further stated that the temple has agreed to plant Italian Cypresses and is more than willing to paint the wall a color that is agreeable with the homeowners association and The Irvine Company. He apologized to the homeowners association for the maintenance of the landscaping and stated the temple's desire to work with the association to address their concerns. Christopher White, 2102 Burnt Mill Road, asked if the Commission has viewed the area and noted that the homeowners association is not asking for anything unreasonable Commissioner Davert stated that he had a conversation with Mr. Wride and visited the site and noted that the impact is greater than the drawings portray. He also noted that the Commission was given a transcript from the hearing on February 23, 1998 and there were no objections in the transcript to what was approved at the meeting. He asked staff if the landscaping plan had been approved. Karen Peterson indicated that the landscaping plan was approved today. Commissioner Davert asked if it was appropriate or legal for the Commission to appeal the landscaping plan approval. . The Director stated that if the plan were to be brought back for review, the temple would be singled out and staff can work with B'Nai Israel who has stated that they are interested in working out the concerns of the homeowners. She-further noted that the landscaping plan is similar to a building permit in that it is not appealable. Lois Bobak stated that approval of the final plan is a ministerial act and only discretionary actions can be appealed. Commissioner Davert asked if there is a legal way for the homeowners to bring the issue - back to a public forum. Lois Bobak responded that she did not believe there was a legal way to bring the project back into the public forum legally but the Commission may direct staff to ensure the • approved landscape plan is carried out to the letter and periodically send enforcement staff to the site. Planning Commission Minutes April 12, 1999 Page 12 Commissioner Davert stated that his concem is that the landscaping plan is not going to alleviate the homeowners' concerns and there is a need to have an appellate opportunity. The Director suggested the Commission receive and file the report and stated the temple is willing to do additional planting and work with the homeowners. She further stated that, in the event the homeowners still believe there are violations, staff can bring the matter back before the Commission. Vice Chair Kozak stated it would be in everyone's best interest to have a mutual review process. The Director agreed with Vice Chair Kozak and stated that as long as both sides agree, staff can ensure that a meeting will be scheduled. Commissioner Davert moved, Commissioner Browne seconded, to receive and file the staff report. Motion carried 4-0. 7. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Kawashima_seco_nded, to receive and file the report. Motion carried 4-0. STAFF CONCERNS: 8. Report on Actions taken at the April 5. 1999 City Council Meeting Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. Commissioner Davert moved, Commissioner Browne seconded, to receive and file the subject agenda. Motion carried 4-0. COMMISSION CONCERNS: No Commission Concerns were expressed. ADJOURNMENT: Commissioner Davert moved, Commissioner Kawashima seconded, to adjourn the meeting at 10:02 p.m. Motion carried 4-0. The next regular meeting of the Planning Commission will be held on May 10, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEM:-12 1`T Y O Geport ?�.to the UST Planning Commission DATE: -MAY 10, 1999 SUBJECT: • CONDITIONAL USE PERMIT 99-008 APPLICANT: VETERINARY NUCLEAR IMAGING 34 CREEK ROAD, SUITE D . .IRVINE, CA 92604. ATTN: MICHAEL AND LISA BROOME PROPERTY OWNERS: JAMBOREE PLAZA HOLDINGS, LLC 18207 MCDURMOTT#E IRVINE, CA 92614 LOCATION: °3047 EDINGER, BLDG. 14 , ZONING: PLANNED COMMUNITY INDUSTRIAL(PC-IND). ENVIRONMENTAL STATUS: THIS PROJECT IS 'CATEGORICALLY EXEMPT .(CLASS 3) PURSUANT TO SECTION., 15303 OF THE' CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: -AUTHORIZATION TO ESTABLISH A SPECIALTY VETERINARIAN OFFICE FOR.IMAGING AND TREATMENT WITHIN BUILDING 14 (PLANNING AREA D) OF JAMBOREE PLAZA . RECOMMENDATION That the Planning Commission adopt Resolution No. 3669 approving Conditional Use Permit 99-008. BACKGROUND The applicant is proposing to develop a specialty veterinary clinic for small domestic animals within Building 14 located yin Planning Area- D of, Jamboree Plaza Planned Development. In accordance with the Jamboree Plaza District Regulations, Section , 3.4.B.4.t, "veterinary clinics" are permitted :within Planning Area D with approval of a conditional use permit. The property is ,located south of,the planned commuter rail • platform and north of the Marine Corps Air Facility(MCAF). There are commercial uses to the east and west of the site. i Planning Commission Report 'CUP 99-008 May 10, 1999 Page 2 Project Description The applicant is requesting approval to establish a, veterinary facility 'that.would offer nuclear diagnostic imaging and radiation therapy for small domestic animals referred from other veterinarians. Boarding,. grooming and the retail sale of pet products are not proposed. No outdoor runs are proposed and no pets would be allowed outside of the building, except to and from an owner's vehicle. The applicant would provide diagnostic services and treat approximately.fifteen (15) animals a-day.. The office would operate seven days a week 8:00 a.mAo 8:00 p.m. with approximately five (5) staff members. Parking and Circulation The project site is within Building 14, a concrete tilt-up structure with approximately 5,231 square feet of floor area. Building 14 is within Planning Area D'and is located east of the main entrance from Edinger Avenue to Jamboree Plaza (see Site Plan). Within Jamboree Plaza, Building 14 is allocated seventeen (17)_parking spaces. Based on a review-of submitted plans, parking .requirements for the proposed use would be calculated as follows: USES SQUARE FEET PARKINGRATIO O SPACES Office 950 square feet -4 spaces/1,000 SF 3.8 req'd. Medical 2,186 square feet 4 spaces/1,000 SF 8.75 req'd. Processing 328 square feet 2 spaces/1,000 SF 0.66 req'd. Warehouse 1,199squarefeet 1 space/1,000 SF 1.2 req'd. TOTAL 4, 663 SQUARE FEET 14.49 REQ.'D. Not A Part 568 square feet 4 spaces/1,000 SF 2.27 req'd Total Bldg. 5,231 SQUARE FEET 17 REQ V. . 17-PROVIDED Although veterinary services are not included in the Institute of Transportation Engineers (ITE) trip generation tables, the City Traffic Engineer' has determined that the proposed veterinary clinic would generate approximately 70 daily trips onto Edinger Avenue. The potential trip generation is below that estimated for a retail-use in Jamboree PIaza. As a result, the project would not exceed the trip generation approved for. Jamboree Plaza and ' • no impacts to Edinger Avenue and surrounding roadways are expected. t . Planning Commission Report CUP 99-008 May 10, 1999 Page 3 ' Hazardous Materials and Waste The proposed facility would store, use, and dispose of small amounts of radioactive materials in conjunction with diagnostic and treatment services. The applicant is experienced in handling radioactive materials and is currently operating under a Radioactive Materials License, regulated by federal and state agencies, at their current location in Irvine. Consistent with the type of radioactive material being used (materipi with a physical half-life of less than 65 days) and state and federal regulations, the radioactive materials would be stored in limited-access storage rooms shielded by lead protection and monitored for contamination levels for 65 days prior to disposal. Conditions are included to require the applicant to obtain a Radioactive Materials License for the proposed location and to ensure compliance with applicable federal and state requirements related to radioactive storage and disposal. Other hazardous wastes, such as biological wastes, would be disposed of by contract with firms specializing in hazardous waste removal such as BFI Waste and Stericycle. Storage of products prior to pickup would take place in sealed plastic biohazard containers provided by the Collection Company. Conditions of approval are included to require these methods to be reviewed and approved by the appropriate regulatory agencies, including the Orange County Fire Authority, the Orange County Health Care Agency, and the Orange County Integrated Waste Management Department. ANALYSIS In determining whether to approve the Conditional Use Permit, the PIanning Commission must determine whether or not the proposed veterinarian services will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1) That operation of a specialty veterinary office, as conditioned, will not 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 findings: a) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a commercial business center where sufficient parking is available. The maximum trip generation associated with the veterinary office will not exceed the maximum trip capacity for Jamboree Plaza and no impacts to Edinger Avenue are anticipated. Planning Commission Report CUP 99-008 May 10, 1999 Page 4 b) All operations would be monitored by regulatory agencies including: Orange County Fire Authority, the Orange County Health Care Agency, the Orange' County Integrated Waste Management Department, and the California Department'of Health Services. c) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that all activities would take place within the building. In particular, animals would be .confined to within the building. Storage of biohazardous, radioactive, medical, and sharps wastes would take place within the building in compliance with requirements of the applicable regulatory agency. Minoo Ashabi Karen Peterson Assistant Planner Acting Senior Planner Attachments: Location Map A. Submitted Plans Resolution No. 3669 ma: pereporticup99-008. t -- L0CATI0N' MAP ,-/" Ly I I ' J 1 J FF- � I T� : - -u _uU. 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""'_�,.f� �.....,N�l�....■®....m 11 wM■■■..■■■■■I.ali■■.■■■.■■ NON ■■■■■ml■■.■..■■■ENE== O � A A ® 1 RESOLUTION NO. 3669 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 99-008 TO ESTABLISH A VETERINARY FACILITY AT 3047 EDINGER 4 AVENUE (JAMBOREE PLAZA). 6 The Planning Commission does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: 8 A. That a proper application, Conditional Use Permit 99-008, was filed by 9 Veterinary Nuclear Imaging requesting authorization to establish a specialty veterinary facility for the purpose of providing diagnostic nuclear imaging 10 and radiation-therapy for small domestic animals at 3047 Edinger Avenue, 11 Building.14 of Planning Area D within Jamboree Plaza. 12 B. That a public hearing was duly called, noticed and held for said application 13 on May 10, 1999 by the Planning Commission. 14 C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, 1' safety, morals, comfort or general welfare of, the persons residing or 16 working in the neighborhood of such proposed use, evidenced by the following findings: 17 18 a) The proposed facility, as conditioned,would not be detrimental to, or have a negative effect on, surrounding properties in that the 19 proposed facility is located within a commercial business center where sufficient parking is available. The maximum trip generation 20 associated with the veterinary specialty office will not exceed 21 maximum trip capacity for Jamboree Plaza and no impacts to EdingerAvenue are anticipated. 22 ?3 b) All operations would be monitored by regulatory agencies including: Orange County Fire Authority, the Orange County Health Care 24 Agency, the Orange County Integrated Waste Management Department, and the California Department of Health Services. 25 26 c) The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons 27 residing or working in the neighborhood in that all activities would 28 take place within the building. In particular, animals would be confined to within the building. Storage of biohazardous, radioactive, 29 medical, and sharps wastes would take place within the building in compliance with requirements of the applicable regulatory agency. 1 Resolution No. 3669 2 Page 2 3 4 E. That this project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act. s 11. The Planning Commission hereby approves CUP 99-008 to establish a specialty 6 veterinary facility for the purpose of providing diagnostic nuclear imaging and 7 radiation therapy for small domestic animals at 3047 Edinger Avenue, Building 14 of Planning Area D'within Jamboree Plaza. s 9 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 10 meeting on the 10th day of May, 1999. 11 , 12 LESLIE PONTIOUS 13 Chairperson 14 15 ELIZABETH A. BINSACK 16 Planning Commission Secretary 17 is STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 19 CITY OF TUSTIN ) 20 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 21 Commission Secretary of the Planning Commission of the City of Tustin, California; that 22 Resolution No. 3669 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of May, 1999. 23 24 ELIZABETH A. BINSACK 25 Planning Commission Secretary 26 27 28 29 •- EXHIBIT A CONDITIONAL USE PERMIT 99-008 CONDITIONS OF APPROVAL RESOLUTION NO. 3669 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped May 10, 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`consistentwith the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specifed,'the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1),' 1.3 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial • tenant improvements are underway. Time extensions may be granted if a written request is received by the Community Development-Department within thirty(30) days priorto expiration. (1) 1.4 Approval of Conditional Use Permit 99-008 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed"form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. PLAN SUBMITTAL (5) 2.1 At the:time of building permit application, the plans shall comply with the recently adopted Uniform Building Code, other related codes, City. Ordinances,and State and Federal laws and regulations. SOURCE CODES (1) STANDARD.CONDITION (5) RESPONSIBLE AGENCY S (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC-POLICY *** EXCEPTIONS Exhibit A-Conditions of Approval Cup 99-008 Page 2 (3) 2.2 At building plan check, the applicant shall submit four (4) sets of construction plans, two (2) sets of structural calculations, and Title 24 energy calculations prepared by a licensed engineer/architect., No field changes are permitted without corrections submitted to and approved by the Community Development Department. *** 2.3 All necessary approvals from the Orange County Health Department shall be submitted prior to building permit issuance. (1) 2.4 Vehicle parking, primary entrance to the building, paths of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities. (3) 2.5 Two exits are required from the building and from any area with occupant loads of 10or more. (1) 2.6 Submitted plans for plan check shall indicate that both toilets shall be made accessible to persons with disabilities or as modified per title 24 requirements by the Building Official. USE RESTRICTIONS ** 3.1 The applicant shall obtain, abide by, and maintain an active Radioactive Materials License from appropriate regulatory agencies for the proposed location. The applicant shall provide evidence to the Director of Community Development that a license has been obtained prior to final inspection of tenant improvements. *** 3.2 All radioactive materials shall be stored and disposed in accordance with federal, State, and local requirements and licensing. *** 3.3 All biohazard and sharps waste shall be stored inside the enclosed building, in accordance with appropriate regulatory standards, as set by the Orange County Fire Authority, Health Care Agency, and Integrated Waste Management Department, for disposal by a firm specializing in the handling of biohazardous, sharps and medical wastes.. '** 3.4 All animals shall be confined to within the building, except for movement to and from the owners' vehicles. *** 3.5 Boarding, grooming and the retail sale of pet products'shall be prohibited. Exhibit A-Conditions of Approval Cup 99-008 Page 3 ORANGE COUNTY-FIRE AUTHORITY (5) 4.1 Prior to the issuance of any grading or building permits, the applicant shall submit to the Fire,Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority, Chemical'Classification Handout". The submittal shall iprovide a summary sheet listing each hazards class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. FEES t - (1) ;5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of paymentand are subject to change. A. Building p -Tan check and permit fees to the Community Development Department based on the.most current schedule. B. Orange County Fire Authority plan-check and inspection fees to the . Community Development Department based upon the most current schedule. (1) 5.2, VVithin'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. l� ITEM #3 i e Opori o she ; ss ,1 Planning Commission DATE: MAY 10, 1999 SUBJECT: USE DETERMINATION 99-001 AND CONDITIONAL USE PERMIT 99-006 APPLICANT: STELLA VOLDMAN KEYNOTES MUSIC SCHOOL 1077 EAST MAIN STREET TUSTIN, CA 92780 PROPERTY OWNERS: MAX LEGRAND REALTY P.O. BOX 641548 LOS ANGELES, CA 90064 LOCATION: 1077 EAST MAIN STREET ZONING: PLANNED COMMUNITY COMMERCIAL (PC-COMM) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO OPERATE A MUSIC SCHOOL AT 1077 EAST MAIN STREET RECOMMENDATION That the Planning Commission adopt Resolution Nos. 3670 and 3671 approving Use Determination 99-001 and Conditional Use Permit 99-006 to allow a music school within the Planned Community Commercial (PC-Commercial) retail/office center bounded by Newport Avenue, Bryan Avenue and Main Street. BACKGROUND The applicant is requesting approval to establish a music school that conducts individual and small group lessons in voice, piano, guitar, and violin at 1077 East Main Street. In March 1975, the Planning Commission approved Use Permit 75-5 which established Planned Community Commercial District Regulations for the properties located within the . Planning Commission Report UD 99-001, CUP 99-006 May 10, 1999 Page 2 triangular-shaped area bounded by Newport Avenue, Main Street and Bryan Avenue, including the project site. The District Regulations allowed for the establishment of a retail and office complex. To accommodate the applicant's request, staff is recommending that the Planning Commission consider a Use Determination and Conditional Use Permit. Properties surrounding the center are developed with residential uses to the south and commercial uses to the southwest across Main Street, residential uses to the east and commercial uses to the northeast across Bryan Avenue, and commercial uses to the west and northwest across Newport Avenue (see Attachment A- Location Map). USE DETERMINATION The applicant is requesting that the Planning Commission make a determination that music schools are an appropriate use within the Planned Community Commercial district. When these district regulations were established in 1975, no specific commercial or office uses were identified in the resolution of approval (see Attachment B - Section 2 of Planning Commission Resolution No. 1434). In interpreting the Planned Community Commercial District Regulations, staff has authorized uses that are similar to those allowed within the C-1 Neighborhood Commercial zoning district which allows retail uses, service businesses and office uses. Existing uses within the center include a number of restaurants, a hair salon, a market, a veterinary facility, medical offices and a variety of retail uses. There are no existing commercial schools or record of a past school use on file. In accordance with Tustin City Code Section 9298(B), the Planning Commission may make a determination as to whether an unlisted use should be permitted, conditionally permitted or prohibited within a specific district. In determining whether to approve the Use Determination, the Planning Commission must consider whether or not the proposed use is: a) Consistent with the overall intent of the planning unit; and, b) Consistent with other listed permitted or conditionally permitted uses in the planning unit. Given that this Planned Community is similar to the C-1 Zoning District, music schools are consistent with the variety of commercial and office uses allowed in the C-1 Zoning District and would be consistent with the intent of the planned community. The C-1 Zoning District permits business schools and photography studios and conditionally permits figure modeling studios, nursery schools, and social halls. These uses are all similar to music schools in that they involve individual and small group gatherings and classroom settings. Typically, school facilities for children or large groups are conditionally permitted to ensure adequate review of potential impacts related to safety, parking, traffic and noise. Staff J Planning Commission Report UD 99-001, CUP 99-006 May 10, 1999 Page 3 recommends that music schools be conditionally permitted in this Planned Community to ensure adequate review of associated potential impacts. An approval of the use determination can be supported by the following findings: 1} The intent of the Planned Community-Commercial District Regulations was to provide for a variety of commercial and office uses similar to those listed in.the C-1 Neighborhood Commercial zoning district. 2) The proposed use is consistent with the overall intent of the Planned Community Commercial District Regulations which encourage a variety of commercial and office uses in that music schools typically offer a commercial service in a commercial setting. 3) The proposed use is consistent with conditionally permitted uses in the district such, as figure modeling studios or nursery schools that provide for assembly uses or educational services within studio or classroom settings. These types of facilities • typically do not generate more traffic or noise otherwise associated with other retail and service uses in the area. To ensure compatibility, music schools would be reviewed on a case by case basis by the Planning Commission as conditionally permitted uses. CONDITIONAL USE PERMIT Project Description The subject location is a 1400 square foot inline tenant suite, located on the south side of the center fronting onto Main Street (see Attachment C - Submitted Plans). Nearby businesses within the center include Tommy's Sushi, Universal Healthcare Supplies, Koki's Japanese Steakhouse, Tustin Formal Wear, and Hair by Lenore hair salon. Other businesses within different areas of the center include a market, restaurants, a veterinary facility, and medical offices. The applicant is proposing to operate a music school with instruction in piano, violin, guitar and voice from 3:00 p.m. to 8:00 p.m. Monday through Thursday and 9:00 a.m. to 2:00 p.m. on Saturday, with the school being closed on Fridays and Sundays. The facility has five (5) instruction rooms, two of which can hold up to six (6) students at any one time, and three smaller rooms for individual instruction. The school would have a maximum of fifteen (15) students and five (5).instructors at any one time. No retail sale of instruments, • sheet music or other equipment is proposed nor will recitals or concerts be held at the subject location. Typically, parking ratios for school uses are calculated at one (1) space for every three (3) persons occupying the facility. For this project, there would be a maximum occupancy at Planning Commission Report UD 99-001, CUP 99-006 May 10, 1999 Page 4 any one time of twenty (20) persons [five (5) instructors and fifteen (15) students] which would have a parking demand of seven (7) parking spaces. According to the approved plans for the center, the proposed tenant space has been designated for retail facilities. With a retail parking ratio of one (1) space for each 200 square feet of floor area, the 1,400 square foot tenant suite has seven (7) spaces allocated to its use. Therefore, the required parking for the proposed use would not exceed the number of parking spaces provided. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding properties in that sufficient parking will be provided and no potential traffic impacts are anticipated. No noise impacts are anticipated since the operations of the school will be enclosed within classrooms in the tenant space and Condition 2.5 requires the applicant to comply with the City of Tustin Noise Ordinance, which limits all noise to 70 dB(A) for a cumulative period of more than one '(1) minute in any hour. In addition, Condition '2.6 is included to require the preparation of a noise study if noise impacts occur. • 2} The proposed use as conditioned, is compatible with the surrounding area. The P P P g project site is located in a Planned Community Commercial district in a building occupied by retail, service and professional office uses. As conditioned, the limited number of students. and hours of operation is appropriate for the proposed location. J. vanK Karen Peterson Assis a la a Acting Senior Planner BE:Cep99006pereport.doc Attachments: A. Location Map B. Resolution No. 1434 - District Regulations C. Site Plan/Floor Plan Resolutions 3670 and 3671 ATTACHMENT A LOCATION MAP LOCATION MAP/,.,- z a j E-C_—r 1 NEWPORT AVENUE 1 1002 Ise4 ^' F F ^ ry FfttVFr tt 1012. I i V Vn.11Ntltl M1 •10I2-26' 1021 1071 •;-4 :1037-36 7031 1047 10]7-] 1032-31 10]1-]3 16712 .- 1042 u 1011 i 1047- iD45-47 y� m 1 1044-5 1051-51 16736' 852 tip y s _ w 1051 1057 16.52,56 ao jy tipy z Z 1062 _= 1061 I..g 1062 1051-5 1062-64 < 1071 %. 1071. 66.68.82 73 107] # 1097 1061 1075 ��}y. ,p1 B1,66,66 yT FF p1h 1072 `T- 7 1062 1093 ' M1 _ 1 ESTERO ORCLE. tipy �p� .i 5097 1095 pg1 1071` 7 J ! I �•F if01 ^^i ' nm n,1Oe ,n.n `1r�Jj` ♦��1 'rte m m a Win• 1O: ��n 1-0•i:n n n till RAMGE 1 STREET ---------------------- a n In r r n 1151 C.C. LAMBERT � b TUSTIN No SCALE ATTACHMENT B PLANNING COMMISSION RESOLUTION NO. 1434 1 ' i RESOLUTION NO . 1434 2- A RESOLUTION OF THE PLANNING CONU4ISSION OF THE CITY . OF TUSTIN GRANTING A USE PERMIT ON APPLICATION NO. U.P. 75-5, OF VALENTI--COELHO CORP . 4 113542-13742 NEWPORT AVE. The Planning Commission of- the 'C. (Newport,Bryan,Main triangle; hereby resolve as follows:. B 1. The Planning Commission find.- follows- ind:follows- 7 a) That a proper application (No. U.P. 75--5) was 8 filed by the Valenti-Coelho Corp. for a Use Permit to authorize the construction and m_ai.nte- 9 nance of a retail sales and office complex in the Planned Community (Commercial) District on 10 the property bounded by Main, Bryan and Newport Avenue. b) That a public hearing was duly called, noticed 11 and held on said application. x3 c) That establishment, maintenance and operation -- of the use applied for will not, under the 14 1 circumstances of this case, be detrimental to ! the health, safety, morals, comfort, or general 15 welfare of the persons residing or working in the neighborhood of such proposed use, evidenced 16 by the following findings : 17 1) Said use is in conformance with Tustin Area General Plan and Zoning ordinance of the city. 18 2) Perimeter screening and landscaping are 19 provided to assure aesthetic compatibility. 20 3) 'Stre'et systems have been designed to accommodate subject use. 21 d) That the establishment, maintenance and operation 22 of the use applied for- will not be injurious or detrimental to the property and improvements in . 23 the neighborhood of . the subject property, nor to the general, welfare of the City of Tustin, and 24 should be granted. 25 e) Proposed development shall be in accordance with the development policies adopted by the City 26 Council 'Uniform Building Codes as administered by the Building Official, Fire Code as adminis- 27 tered by the Fire Chief, and street improvement requirements as administered by the City 28 Engineer. 29 f) A Negative Environmental Declaration has been filed for .the project and is hereby approved. 30 2 . The Planning Commission hereby grants a Use Permit, 31 as applied for, to allow the development of a commercial and office complex, subject to the -00 fn inwinrr r_nnrliI-i_nns- X a) Conformance with a master sign plan for all tenant identifications, as submitted, with 2 uniform colors of ivory .(826) , brown (814) and rust (815) for under canopy signs with conformance with Tustin Sign Code for complex identification sign. b) Submitted and approved by staff of landscape b plans to include irrigation, walkways, perimeter walls, and parking lot designs, c) The limitation of proposed future restaurant •to 7 a 100 seat capacity. 8 d) Staff approval of precise development plans in accordance with' the approved plot plan and 9 elevations. 19 PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the 10th day,,, of March, 1975. 12 13 CHAZIUMN- OF THE PLANNING COMMISSION 14 ` 15 L- 16 PLANNING` COMMISSION RECORDING SECRETARY 17 18 19 20 21 22 23 24 25 26 27 • ATTACHMENT C SITE PLAN AND FLOOR PLAN r Fit'k,1sa000sF. `•�••e�Py,� Eng. r rr \ N\ Fire -u / = AF%m HOSPfTAL ` r - =..aos.F. Consult. P r EXISTING RETAA/ .r rrr ' 1 RESTAUKWTS E%STTNG RESTAURANT EAST MAIN STREET OFFICE 6UILDWI 10'm SIF, ,�,: •�'r-, :�Y,....��.._. _._. . ._ . _. _.. . .,..._..... ,. 1►WN STREET ti f�e,�_Y ��', J� #{t*i �';i ids r:' ��'• .' - ;A•` �L4 AFL i�a�.f4 _ •ti.• 'w' _ _ 11 L e r S X18 yo 7 i7f a•� M •4 E I MAR- 15 1999 COMMUNITY DEVELOPMENT 1077 E. Main Street, 11- ustin i . Io eat f*CAM mefwem u cfWaw+of&m bnprovemafs&Oded Mrd%m"am estfamtm o*.'Mm btrc um fbw.has brrw o6taMsd ftswop bds�ad r"able.V"we do not dmM ks acancy,we have m vedAed k we ftmW ea Paradfe•.rmady of represarfatian shat k.k h yar mpwmb ty to indgwWwny mdbm ftffiw acy wd cmOldamse h0 i �aesurptiae a•e�Yrtates used are fcr efunFff afh and do not represert km anvd of Nine ped'arrmce o}ths propaRy.The vase of Ws tfwsadfon 4e��oe tet and ertr tadas rMM shah bf sva►aded M ywtax,frrandal and byal sMsas.You ed yw aMsaa s7rorfd mrsud a earMr.krdeperdsd trxe+tlD#ian of the property to eetemilm to ymr saflsLdfm the vAlN ly d the properly for yarreeds. KEYNOTES MUSIC SCHOOL BUSINESS PLAN . FLOORPLAN OF LEASED BUILDING 1077 E.MAIN ST.TUSTIN,CALIF 92780 BACK OF BUILDING I AND ADDITIONAL PARKING Door Door Bathroom Group Lesson Room#2 Door Storage F ' # 2 a,Groitp-Lesson Room kf,, Storage #E6 Practice Room#3 Door Practice Room#2 Receptionist's Desk Door Reception Area Practice Room##I Cubicle Office Door Front Door ------ ------------ Sidewalk . .'''� Parkin Area M,APR FRONT OF BUILDING Floor Plan Keynotes Music School COMMUNITY DEVELOPMENT +�v 0 1 RESOLUTION NO. 3670 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CEN OF 3 TUSTIN, APPROVING USE DETERMINATION 99-001 TO ALLOW MUSIC SCHOOLS AS CONDITIONALLY PERMITTED-USES IN THE PLANNED 4 COMMUNITY—COMMERCIAL DISTRICT REGULATIONS ESTABLISHED s BY USE PERMIT 75-5 FOR THE AREA BOUNDED BY NEWPORT AVENUE, BRYAN AVENUE, AND MAIN STREET. 6 The Planning Commission does hereby resolve as follows: s I. The Planning Commission finds and determines as follows: 9 A. That a proper application for Use Determination 99-001 was fled by Stella 10 V(oldman to request a Use Determination from the Planning Commission for establishment of a music school at 1077 East Main Street, more specifically 11 described as Assessor's Parcel No. 500-162-04. 13 B. According to the Planned Community—Commercial District Regulations 13 established under Use Permit 75-5, music schools are not listed uses in the district regulations and require a Use Determination by the Planning 14 Commission in accordance with Tustin City Code Section 9298(B). s 15 C. That a public hearing was duly called, noticed and held on said application 16 on May 10, 1999, by the Planning Commission. 17 E. The Commission finds that the proposed use will not impair the orderly and is harmonious development of the area, the present or future development therein, or the occupancy as a whole. 19 ,p F. The Planning Commission finds that approval of the use determination to allow music schools in the Planned Community - Commercial district can be 21 supported by the following findings: 22 1) The intent of the Planned Community-Commercial District 23 Regulations was to provide for a variety of commercial and office uses similar to those listed in the CA Neighborhood Commercial 24 zoning district. 25 2) The proposed use is consistent with the overall intent of the Planned 26 Community Commercial District Regulations which encourage a 27 variety of commercial and office uses in that music schools typically offer a commercial service in a commercial setting. 28 3) The proposed use is consistent with conditionally permitted uses in 029 the district such as figure modeling studios or nursery schools that provide for assembly uses or educational services within studio or classroom settings. These types of facilities typically do not generate more traffic or noise otherwise associated with other retail a 1 Resolution No. 3670 May 10, 1999 z Page 2 3 4 and service uses in the area. To ensure compatibility, music schools a would be reviewed on a case by case basis by the Planning Commission as conditionally permitted uses. 6 G. That this project is categorically exempt pursuant to Section 15301• (Class 1) of the California Environmental Quality Act. 8 ll. The Planning Commission hereby approves Use Determination 99-001 to allow 9 music schools as conditionally permitted uses in the Planned Community- 10, Commercial Designation established by Use Permit 75-5 for the area bounded by Newport Avenue, Bryan Avenue, and Main Street. 11 12 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 13 meeting on the 10 day of May, 1999. 14 15 LESLIE PONTIOUS 16 Chairperson 17 ELIZABETH A. BINSACK 18 Planning Commission Secretary 19 20 STATE OF CALIFORNIA ) 21 COUNTY OF ORANGE ) zz CITY OF TUSTIN ) 73 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that 24 Resolution No. 3670 was duly passed and adopted at a regular meeting of the Tustin 25 Planning Commission, held on the 10th day of May, 1999. 26 27 28 ELIZABETH A. BINSACK Planning Commission Secretary 29 RESOLUTION NO. 3671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING CONDITIONAL USE PERMIT 99-006 AUTHORIZING THE ESTABLISHMENT OF A MUSIC SCHOOL AT 1077 EAST MAIN STREET. s The Planning Commission does hereby resolve as follows: 6 7 i. The Planning Commission finds and determines as follows: . s A. That a proper application for Conditional Use Permit 99-006 was filed by Stella Voldman to establish a music school at 1077 East Main Street, more 9 specifically described as Assessor's Parcel No. 500-162-04. 10 B., According to Use Determination 99-001, approved by the Planning 11 Commission on May 10, 1999, music schools are conditionally permitted in the -Planned Community - Commercial (PC-Comm) District Regulations 12 established by Use Permit 75-5 for the area bounded by Newport Avenue, 13 Bryan Avenue, and Main Street. 14 C. That a public hearing was duly called, noticed and held on said application 1; on May 10, 1999, by the Planning Commission. 16 D. That the establishment, maintenance and operation of the driving school will not, under the circumstances of this case, be detrimental to the health, 17 safety, morals, comfort, or general welfare of the persons residing or ,s working in the neighborhood of such proposed use,, nor be injurious or detrimental to the property and improvements in the neighborhood of the !9 subject property, or to the general welfare of the City of Tustin, as 20 evidenced by the following findings: 21 1) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding properties in that sufficient �� parking will be provided and no potential traffic impacts are 23 anticipated. No noise impacts are anticipated since the operations of the school-will be enclosed within classrooms in the tenant space 24 and Condition 2.5 requires the applicant to comply with the City of 1j Tustin Noise Ordinance, which limits all noise to 70 dB(A) for a cumulative period of more than one (1) minute in any hour. In 36 addition, Condition 2.6 is included to require the preparation of a 27 noise study if noise impacts occur. 28 2) The proposed use, as conditioned, is compatible with the surrounding area. The project site is located in a Planned z9 Community Commercial district in a' building occupied by retail, service and professional office uses. As conditioned, the limited Resolution No. 3671 2 Page 2 3 number of students and hours of operation is appropriate for the 4 proposed location. 5 E. That this project is a categorically exempt pursuant to Section 15301 (Class 6 •1) of the California Environmental Quality Act. 7 11. The Planning Commission hereby approves Conditional Use Permit 99-006 to 8 establish a music school on the property located at 1077 East Main Street, subject to the conditions contained in Exhibit A attached hereto. 9 10 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular n meeting on the 10th day of May, 1999. 12 13 14 • 15 LESLIE.PONTIOUS Chairperson 16 17 18 19 ELIZABETH A. BINSACK 20 Planning Commission Secretary 21 STATE OF CALIFORNIA ) 22 COUNTY OF ORANGE ) 23 CITY OF TUSTIN ) 24 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that zs Resolution No. 3671 was duly passed and adopted at a. regular meeting of the Tustin 26 Planning .Commission, held on the 10th day of May, 1999. 27 928 29 ELIZABETH A. BINSACK Planning Commission Secretary - i , EXHIBIT A CONDITIONAL USE PERMIT 99-006 CONDITIONS OF APPROVAL RESOLUTION NO. 3671 GENERAL {1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 10, 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 if such modifications are consistent with the provisions of the Tustin City Code. ('!) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to-review and approval of the Community Development Department. {1) 1.3 Approval of Conditional Use Permit 99-006 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed"form as established by the Director of Community Development. (�) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. {1) 1.6 -This Conditional Use Permit may be reviewed by the Director of Community Development within twelve (12) months after the date of this .approval and at twelve (12) month intervals thereafter, or more frequently if necessary, to determine if the operations are conducted in accordance with this approval. If the Director of Community Development determines that the method of operation is inconsistent with any of the conditions of this approval or other applicable regulations, the applicant shall, upon notice, cease all violations. The Director of Community Development may also impose additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES • (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS � Exhibit A - Resolution No. 3671 May 10, 1999 Page 2 USE RESTRICTIONS *** 2.1 The maximum number of students shall be limited to fifteen (15) students and five (5) instructors at any onetime. *** 2.2 Hours of operation shall be limited to 3:00 p.m. to 8:00 p.m. Monday through Thursday and 9:00 a.m. to 2:00 p.m. on Saturday. The school shall be closed on Fridays and Sundays. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. *** 2.3 Concerts or recitals are prohibited at this location. ** 2.4 No congregation in the parking area or outside walkways shall be allowed in association with the proposed use. *** 2.5 Operations of the school shall comply with the City of Tustin Noise Ordinance (Tustin City Code Section 461.1 et seq.). 2.6 If the City of Tustin is made aware of potential noise impacts or receives noise complaints related to the operation of the music school, the Director of Community Development shall select .a noise consultant to prepare a noise analysis to demonstrate that noise levels do not exceed the maximum noise levels allowed by the Tustin Noise Ordinance or recommend mitigation to ensure compliance with the Noise Ordinance. The applicant shall be responsible for all costs associated with preparation of the noise analysis. FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental. documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. f tm #4 1T Y port to the aUs�l� Planning Commission DATE: MAY 107 1999 SUBJECT: DESIGN REVIEW 99-007 APPLICANT: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 OWNER: CITY-OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: VACANT PARCEL IN JAMBOREE PLAZA AT 3075-3097 EDINGER AVENUE (APN 434-201-10,11,18 AND 20) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) • ENVIRONMENTAL STATUS: .-A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE, CALIFORNIA. ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: TO 'ESTABLISH THE TUSTIN COMMUTER RAIL STATION INCLUDING: A PARKING LOT - TO ACCOMMODATE -318 VEHICLES AND LOADING PLATFORMS ON A 3.66 ACRE SITE. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution, No. 3667 approving the environmental documentation for the project; and, 2. Adopt Resolution No. 3668 approving Design Review 99-007. BACKGROUND AND DISCUSSION Project,Description The City of Tustin.proposes to develop a commuter rail station, consisting of a 318-space parking lot, bus zone and drop-offlpidk-up area, two rail platforms, a pedestrian Planning Commission Report Design Review 99-007 May 10, 1999- Page 2 underpass, passenger canopies, lighting, and related improvements. The site is a vacant 3.66-acre lot located to the northeast of Edinger Avenue and to the west of.Jamboree Road in the Jamboree Plaza business center (see Exhibit A - Location Map). A chronology of prior actions on the commuter rail site is provided as Exhibit B. Surrounding Properties Surrounding land uses include: Jamboree Plaza; the U.S. Marine Corps Air Station (MCAS), Tustin, (slated for closure in July 1999),.Iocated to the south and west of the subject property; the Orange County Transportation Authority (OCTA)/Southern California Regional Rail Authority (SCRRA) railroad line and various industrial uses on land zoned PC-IND (Planned Community - Industrial) located to the north; vacant land currently zoned Public and Institutional to.the southeast, across Jamboree Road; and vacant land directly to the east, in the City of Irvine, zoned "development reserve." Metrolink Operations Metrolink operates weekday commuter rail service on two lines that pass through Tustin on the SCRRA/OCTA rail tracks: the Orange County fine (Los Angeles-Oceanside) and the Inland Empire line (San Bernardino-Oceanside). The Tustin Commuter Rail Station will be served initially by a total of 15 northbound and 14 southbound daily weekday • Metrolink trains. Based on current Metrolink service, the earliest stop at the Tustin station would be 4:30 a.m. and the_ latest stop would be 7:30 p.m., Monday through Friday. Metrolink weekend service is limited to infrequent special excursions and does not follow a regular schedule. The majority of the trains operate during the morning and evening rush hours. Amtrak trains will not stop at the Tustin Commuter Rail station. The station will also be served by OCTA rail feeder buses, business shuttles, and taxis, which will arrive and depart the station at times that coordinate with the Metrolink schedule. Tustin Commuter Rail.Station Site Plan and Improvements The Tustin Commuter Rail Station has been designed to meet the OCTA's criteria while minimizing City services and on-going costs. The following discussion outlines the design criteria and the required platforms. OCTA Criteria The OCTA's minimum commuter rail site development criteria includes a three acre site, a 306:v-ehicle parking lot; loading platforms on eac--Pf-side of the double track; and, ticket vending machines. Benches and covered canopies are recommended. As proposed, the Tustin Commuter Rail Station meets all of these criteria. Planning Commission Report Design Review 99-007 May 10, 1999 Page 3 City Services and Costs All project features have been designed to minimize maintenance and security.costs. The Public Works Department will provide maintenance and landscape services to the site, and the Police Department will provide emergency response services. Platforms The proposed project includes a 600-foot northbound platform and a 600-foot southbound platform, both of which will be constructed six (6) to seven (7) feet above the parking lot grade. The placement of the platforms was determined by SCRRA based on operational considerations. Therefore, the platforms cannot be located in a more central location with respect to the parking lot. If ridership increases, additional passenger cars would be added to future Metrolink trains and the platforms would be extended westward. Each platform will be partially covered with three arched canopies.. A pedestrian underpass tunnel will provide access from the parking lot to the northbound platform. Access, Circulation and Parking Access to the commuter rail site through Jamboree Plaza is provided via two driveways which provide access to Jamboree Plaza from Edinger Avenue. The primary entrance at the middle of Jamboree'Plaza is a signalized three-phase intersection and the secondary entrance is a non-signalized "right-in/right-out". Both driveways provide direct access to each of the two entrances to the site. Pedestrian access will be provided from Edinger Avenue by sidewalks and walkways throughout Jamboree Plaza that will connect with walkways on the commuter rail station site. The City of Tustin has non-exclusive easements for pedestrian and vehicular ingress and egress over these areas. Pedestrian access to the southbound platform will be provided by two sets of stairs and one disabled access ramp. The northbound platform will be accessed via a pedestrian underpass beneath the tracks. Stairs and ramps will lead pedestrians into and out of the underpass (see sheet Al of Exhibit C). To facilitate internal circulation, the bus zone and the drop-offlpick-up area have been separated from the primary parking lot. The bus zone has been designed to accommodate the large turning radius of the OCTA's buses and to allow for efficient loading and unloading of passengers. The "kiss-n-ride" area is proposed to be located within an area surrounded by the bus loop that include: four drop-offlpick up spaces; two parking spaces for motorcycles; and, 21 standard —parking spaces served by a one-way looped drive aisle. The remaining 297 parking spaces are located within the southeast portion of the site. A total of 318 vehicle parking spaces will be provided, including: 308 standard parking spaces, eight (8) disabled access parking spaces and two (2) potential electric vehicle Planning Commission Report Design Review 99-007 May 10, 1999 Page 4 charging station spaces. All of the standard parking,spaces will be nine (9) feet wide by eighteen (18) feet long. Pursuant to Title 24 requirements, one of the disabled access spaces will be van accessible with a loading area that is eight feet in width. The remaining accessible spaces will have standard loading areas of five feet in width. All drive aisles in the main parking area will be 26 feet in width. Based on OCTA criteria and anticipated train ridership, the site will feature adequate parking to- meet projected demand. Furthermore, the site will be designed and engineered to accommodate a future parking structure, if needed. Architecture Canopies A total of six (6) canopies are proposed for the site. Five (5) of the canopies will provide shelter for passengers on the platforms only. A larger canopy at the main entrance plaza will serve the platform, .the bus waiting, and the ticket vending areas. The larger canopy will also partially cover the main entrance to the pedestrian underpass. The Marge canopy will be approximately 144 feet long and 21 feet wide and divided into seven (7) sections. The two central sections will be smaller than the adjacent outer • sections-and feature an arched roof that is corrugated metal and a steel tubular trellis. The outer canopy sections will be roofed completely with corrugated metal. The large canopy will cover a minimum of four benches and two trash receptacles on the platform; and five benches, two trash receptacles, two ticket vending machines, and an information kiosk on the plaza level. The five smaller canopies will be similar in design to the smaller sections of the large canopy. The smaller canopies will measure 22 feet in length by approximately 16 feet in width. Two benches and one trash receptacle will be placed beneath each of the smaller canopies. The height of all of the canopies, measured from the platforms, will be 11'-8". The metal roofing is conceptually proposed at this time to be teal in color, and the framing and tubular trellis are conceptually proposed to be white (see sheets A9 and A10 of Exhibit C). Pursuant to Condition 2.11 of Resolution No. 3668, the Community Development Director has the authority to approve colors at building plan check. Underpass The fru-blic Utilities Commission will not permit ari-at-grade pedestrian crossing to the northbound platform. Therefore, an underpass is proposed to provide safe and convenient access to the platform. The underpass has been designed with flared entrances, lighting, nine (9) feet of vertical clearance and an eighteen-foot wide central passageway to give the area an open and safe feeling. The length of the underpass from the ,edge of the northbound platform to the edge of the southbound platform is Planning Commission Report Design Review 99-007 May 10, 1999 • Page 5 approximately 60 feet. The walls of the underpass will be constructed of.a light. sandblasted concrete finish. Accents may include tile mosaic insets and fluted concrete patterns. Proposed lighting includes point fiber optic lighting on the metal grille ceiling and line fiber optic lighting in a recessed cove above the interior wails (see sheets A6, A7, and A8 of Exhibit C). Site Amenities The following amenities are tentatively proposed for the commuter rail station. Based on refined cost estimates and maintenance considerations, these amenities may need to be modified (see sheet All,of Exhibit C). • A concrete news rack structure designed to accommodate up to eight news racks is proposed for the ticket vending area. • Approximately sixteen (1 6) cast iron powder-coated teal-color(conceptual) bollards are proposed at the main plaza area to separate pedestrian walkways from the bus loop. • Pre-finished metal benches will be placed under the canopies on the platforms, in the bus waiting area and in the ticket vending area. The white colored benches will be flat without backs and have curved dividers/armrests. • Concrete trash receptacles will be located next to each group of benches. • A pre-finished metal bicycle rack is proposed near the entrance to the parking lot. • One drinking fountain and one public telephone will be placed in the ticket vending area. • Two standard stainless steel ticket vending machines provided by the SORRA will be provided between the stairs to the southbound platform and the stairs to the underpass. A concrete seven-foot high oval-shaped kiosk is proposed for the ticket vending area.. A small communications building is required by SCRRA. The proposed location, design, and exterior surface material of this building is conceptual. In addition' to the site amenities listed above, the following optional amenities may be provided at the commuter rail station. For reference, the potential locations for these items are depicted on the plans. • C)recessions • Beverage vending machines • Thematic banners Advertising panels • Trash enclosure Planning Commission Report Design Review 99-007 May 10, 1999 Page 6 Fencing, Walls and Railing With the exception of the two entrances, the perimeter of the site is conceptually proposed to be fenced. In addition to defining the site, the perimeter fencing will serve to route pedestrian activity between the site and Jamboree Plaza around the landscaped planters and will separate a portion of the parking lot from the tracks. The perimeter fence height and location are conceptual and may be modified during building.plan check. A fence of approximately 1,000 feet in length and four feet in height will also be placed between the two tracks to discourage pedestrian traffic across the tracks. Fencing will also be used to separate pedestrian activity from portions of the bus loop. All fencing is proposed to be constructed of powder or vinyl coated steel tubing and woven wire mesh in a teal color(conceptual) (see sheet A11 of Exhibit C). Because the platforms will be elevated above the parking lot, retaining walls will be required and railings will be needed on the platform and along the stairways and disabled access ramps. The walls are proposed to have a light sandblasted concrete finish with exposed ties. All railing will be T-6" in height with powder or vinyl coated steel tubing and pattemed woven wire mesh in a teal color (conceptual). The disabled access ramp rails will be designed with notches or rises to discourage abuse by skateboarders (see sheet A11 of Exhibit C). Lighting The proposed project includes several types of lights throughout the site, such as parking lot pole lights, platform pole lights, underpass lights, canopy lights, and wall mounted lights. The pole lights proposed for the parking lot will feature one or two high pressure sodium luminaires and will be a minimum of 25 feet in height atop a concrete base of 2'-6" in height. The platform pole lights will have one high pressure sodium luminaire and will be 18 feet in total height. Some of the platform light poles may also support the public address speakers and changeable message signs required by SCRRA, and the station identification signs. The design of all of the pole lights will complement the design and match the white color of the existing pole lights in Jamboree Plaza. Fiber optic lighting is proposed in the underpass. Canopy lighting will consist-of round cast aluminum fixtures mounted on the underside of the canopies (see sheet E1 of Exhibit C). In conjunction with the 50% construction drawings, a photometric study will be conducted to determine the amount of light coverage proposed and to refine the type, placement and number of lights needed throughout the site. Landscaping A conceptual landscaping plan has been prepared which identifies a basic plant palette, site coverage, and the landscape character of the site. The plan shows parking lot trees, entry accent trees, shrubs, and groundcover. The proposed seven (7) percent landscape coverage exceeds the City's minimum guideline of five (5) percent coverage for parking lots (see sheet L1 of Exhibit C). Planning Commission Report Design Review 99-007 May 10, 1999 Page 7 Because the landscaping plan is conceptual, actual quantities, species, locations and sizes of plan materials will be determined during building plan check with the assistance of the City's landscape maintenance supervisor. Plant materials shall be selected to promote water and energy conservation. In all cases, the final landscaping and irrigation plans would be reviewed for conformance with the City's Landscaping and Irrigation Guidelines. Hardscape/Paving The majority of the parking lot will be paved with asphalt concrete. For durability, Portland Concrete Cement is proposed for the bus loop. Pedestrian walkways will be surfaced with .concrete paving, and the main entrance plaza will. be accented with bands of concrete pavers. To discourage misuse by skateboarders, heavy aggregate concrete is_ proposed for the handicap ramps (see sheet Al of Exhibit C). Signs The identification and directional signs proposed for the commuter .rail station site are conceptual at this time. It is anticipated that one or two monument signs will be placed along Edinger Avenue at the primary entrance to Jamboree Plaza. An additional monument sign may also be placed at the entrance to-the parking lot. Directional signs will be provided throughout the site. These signs will be designed and placed to minimize sign clutter and will be approved administratively (see sheet A11 of Exhibit C). SCRRA requires standard changeable message signs on the platforms. These-signs will be mounted no more than 160 feet apart on the proposed pole lights or on separate pole structures. Other platform signs include Tustin station identification signs on the platforms, optional themed banners on the light poles, and optional advertising panels mounted at the sides of the canopies. Off-site directional signs will include an internally illuminated sign on the traffic signal at Edinger Avenue and Jamboree Plaza identifying the commuter rail station; and Caltrans- approved trailblazer signs provided by SCRRA on adjacent arterial roadways and the freeway. Environmental Analysis Orange County commuter rail service provided by the OCTC started in April 1990. Pursuant to Public Resources Code Section 21080(b)(11), projects which institute or increase passenger service on rail rights-of-way already in use are statutorily exempt from- e California Environmental Quality Act. Tyre design and construction of the commuter rail station and related,improvements, however, are not exempt and are the • subject of the initial study for the project. Because rail service is exempt in this case, the initial study did not analyze the potential environmental impacts resulting from additional rail service. Planning Commission Report Design Review 99-007 May 10, 1999 Page 8 • A Negative Declaration has been prepared for this project (Exhibit D). The Initial Study and Negative Declaration were made available for public review beginning on April 16, 1999 and ending on May 6, 1999. The notice of the public review period was published in the Tustin Weekly, mailed to all property owners within 300 feet of the site, and posted on the property on April 16, 1999. As of May 5, 1999, staff had not received comments on the environmental documentation. The attached Initial Study discusses potential impact categories and appropriate mitigation measures. Any potential impacts can be mitigated to a level of insignificance and mitigation measures have been included as Conditions of Approval in Resolution No. 3668 for the project. Approval Criteria The site is zoned Planned Community Industrial (PC-IND). The Planned Community designation enables the site to be developed subject to a plan approved through the design review process by the Planning Commission. Because the site is not within a redevelopment area, the Community Development Director has the authority to approve this Design Review. However, the. Director may forward the design review to the Planning Commission for action when deemed appropriate.. Because the commuter rail station is a significant public project, the design review has been forwarded to the Planning Commission. �. . Scott Reekstin Rita Westfield Associate Planner Assistant Director Community Development Exhibits: Exhibit A- Location Map Exhibit B - Chronology of Prior Actions Exhibit C - Submitted Plans Sheet Al-Site Plan Sheet A2-Partial Platform Plan Sheet A3-Partial Platform Plan Sheet A4-Partial Platform Plan Sheet A5-Platform Elevation Sheet A6-Underpass Floor Plan Sheet A7-Underpass Ceiling Plan Sheet A8-Underpass Sections Sheet A9-Canopy Sheet Al0-Canopy Sections Sheet Al 1-Station-Amenities Sheet L1-Conceptual Landscape Plan Sheet El-Lighting Fixture Plan . Exhibit D - Initial Study/Negative Declaration Exhibit E - Resolution No. 3667 Exhibit F - Resolution No. 3668 • EXHIBIT A LOCATION MAP O avAEY \� 3ss.1 usAG�A00 R 1 � ' � r lz �_rL_ II r e OIL-) "%==JI- J EYP i i �I N _1 "err < / S w✓•JL MARINE C ^C- 7/ AIA 9Tff10 `\� ♦ `` '/� n �� / `` � • a rN n / 55 �� ° MY o� OF IRWHE o �� RARNF1t AV, A W $ ® � 4.1 file: City Maps\Ci ddress Map. EXHIBIT.B CHRONOLOGY OF PRIOR ACTIONS EXHIBIT B CHRONOLOGY OF PRIOR ACTIONS In 1988, the Orange County Transportation Commission- OCTC (now the Orange County Transportation Authority — OCTA) completed a 20-year Master Plan of Transportation Improvements for Orange County. The report identified'the need to improve transportation infrastructure-in Orange County. One of the strategies to meet this need included the expansion of commuter rail service. Implementation of the various transportation projects was dependent upon voter approval of a half-cent sales tax that was approved.-in November 1.990 with the passage of Measure M. To implement a commuter rail program, the Orange County Transportation Commission approved a Commuter Rail Study and Action Plan in December 1990. The commuter rail station site at Jamboree Plaza was identified in the 1990 Action Plan as the preferred site among four potential sites in the Tustin/Irvine area because of physical-suitability and ease of development. • In June of 1991, the Planning Commission and City Council approved the development plan for a mixed-use center of retail,. auto service, office and light industrial uses called Jamboree Plaza. In 1992, Community Development Department staff met with the presidents of the three nearest Tustin homeowners' associations (Tustin Meadows, Peppertree and Laurelwood) to discuss the potential rail station sites. Input received from the homeowners' associations indicated that each association could support the Jamboree Plaza location or the site at the northeast comer of Harvard Drive and Irvine Center Drive. Following discussions with the City of Irvine and the Orange County Transportation Authority (OCTA), in November 1992 staff initiated discussions with the owner of Jamboree Plaza to determine the owner's interest in a commuter rail station on the property. The Cities of Tustin and Irvine and: the OCTA sponsored a community meeting in, April 1993 to explain commuter rail programs and obtain input on the potential station locations. Invitations to the meeting were- mailed to the pfesidents of the: Tustin 'Meadows, Peppertree and Laurelwood Homeowners' Associations. Approximately 40 Irvine and Tustin residents attended the meeting As a follow-up to this meeting, a Site Preference Survey was made available to,the public. Over 50 individuals provided input through the survey. Approximately 45 of the survey respondents were Irvine residents. Seventy percent.-of these Irvine residents were opposed to the potential Irvine location and the potential Tustin site in closest proximity to their homes. Furthermore, the Tustin and Irvine City Councils met jointly in-July of 1993 to discuss the four potential commuter rail station sites. At the meeting, a representative of the Tustin Meadows'Homeowners' Association voiced the Association's support for a commuter rail station in the Tustin/Irvine area. Following considerable public testimony, both Councils agreed that the Jamboree°Plaza site deserved serious consideration. On August 1, 1994, the Tustin City Council authorized the Assistant City Manager to initiate negotiations for purchase acquisition or long term lease for the commuter rail station site with the owners of Jamboree Plaza. Acquisition, environmental, engineering, design and construction costs for the Tustin Commuter Rail Station are estimated to be $6.37 million. On November 16, 1995, the City of Tustin and the OCTA entered into a Cooperative Agreement where OCTA provided $1.9 million in Measure M Rail funds for the acquisition and development of the rail station. The remaining funding has been secured from the following sources: Measure M Competitive funds; Growth Management Area 7 & 8 funds; Air Quality Local Allocation funds; Transit Capital Improvement Program funds; and, City of Tustin Capital Improvement Program funds. Approximately 3.66 acres of the Jamboree Plaza-site was acquired by the-City of Tustin in September of 1997 for the proposed commuter rail station. The commuter rail station site was originally planned to support approximately 47, 800 square feet of industdallbusiness park building space. J r • y , r 5 EXHIBIT C SUBMITTED PLANS TUSTIN COMMUTER RAIL STATION MIRALL ABBOOIA' • .rri•w CITY OF TUSTIN , CALIFORNIA .A+LW. Fu ABBREVIATIONS SYMBOLS CONSULTANTS ZONING CODE VICINITY MAP N4 seuE SHEET INDEX �+ PAWW PROJECT c AaddM,Yw. 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SYMBOL RXRM d NOTES aacur>o wW ra■■.e w OW CM"a MR mm an or P'aq■. roxLft M MUACL /I.L Iwi wa ID nm■Y poL L.ti TYPE W POLE LIGHT TYPE PC'POLE LIGHT' OVA RLL EXHIBIT D INITIAL STUDY/NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT* 300 Centennial Way, Tustin, CA 92780 (71 4) 573-3100 NEGATIVE DECLARATION Project Title: Tustin Commuter Rail Station. Project Location: 3075-3097 Edinger Avenue Project Description: Commuter Rail Station that includes a parking lot with 329 parking spaces, two platforms, a pedestrian undercrossing, passenger canopies and .parking lot and platform lighting. Project Proponent: City of Tustin Lead AaencyContact Person: Rita Westfield . Telephone: (714) 573-31.09 The Community Development Department has conducted an Initial Study for the above project in accordance • with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ❑ That there is no substantial evidence that the project may-have a significant effect on the environment. ® That potential significant effects were identified,but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore,the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON MAY ]999 Date April 16, 199.9_ , Elizabeth A.Binsack Community Development Director i '�- C0MMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C.i 92 780 (71 4) 573-3105 INITIAL STUDY A. BACKGROUND ' Project Title: Tustin Commuter Rail Station Lead Agency: City of Tustin 300 Centennial Way Tustin,California 92780 Lead Agency Contact Person:- Rita Westfield Phone: ( 714 ) 573-3109 Project Location: 3075-3097 _Ed1ng,-r Av-nuQ., Tn-gi-i ri., rA Project Sponsor's Name and Address: City of Tustin 300 Centennial Way Tustin, CA 92780 General Plan Designation: v 1 ;m n n ed Comms n i t y - cc mmorr i a 1 /R„-q i r Zoning Designation: Planned Communitv Industrial Project Description: Tustin Metrolink Commuter Rail Station Surrounding Uses: North •Tndngt-ri a1 East _Public & Tnst? „t; onaL- South MCAS Tustin West MCAS Tustin Public & Institutional Public & Institutional Other public agencies whose approval is required: �7 Orange County-Fire Authority ❑ Cr of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ' South Coast Air Quality Management ❑ Orange County EMA • ' District ❑ Other 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist in Section D below. C3 Land Use and Planning ® Hazards ❑ Population and Housing ® Noise ® Geological Problems ® Public Services U Water ❑ Utilities and Service Systems C2 Air Quality ® Aesthetics U Transportation & Circulation ❑ Cultural Resources ❑ Biological Resources ❑ Recreation ❑ Energy and Mineral Resources ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. U I find that although the'proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheets have been added to the project. A NEGATIVE DECLARATION Nv•ill be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL WPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effects)on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,-and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact"or"Potentially Significant Unless Mitigated." An ENVIRONMENTAL-IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this rase because all potentialIy significant effects 1)have been analyzed adequately in an earlier EIR pursuant to applicable standards,and 2)have been avoided or mitigated pursuant to that earlier EII,including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment,there WII.L NOT be a significant effect in this case because all potentially significant effects 1)have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards,and 2) have been avoided or mitigated pint to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date April 1b, 1999 Print Name Elizabeth A. Binsack Tide Community Development Director 2 D. ENVIRONMENTAL IMPACTS: Axl Earlier analyses used: See Attachment A Potentially • Significant Available for review at: City of Tustin Community Potentially Unless Less thansign.i scant Miti� anon Development Department f g Significant Impact Incorporated Impact No Impact 1. LAND USE &PLANNING- Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ Q b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ 0 c) Be incompatible with existing land uses in the vicinity? ❑ ❑ ❑ 0 d) Affect agricultural resources or operations? ❑ ❑ ❑ 0 e) Disrupt or divide the physical arrangement of an established community(including a low-income or minority community)? ❑ ❑ ❑ 0 ' s 2. POPULATION&HOUSING-Would the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ 0 b) Induce substantial growth in an area either directly or indirectly(e-g.,through projects in an undeveloped area or extension of major infrastructure)? ❑ ❑ ❑ c) Displace existing housing, especially affordable housing? ❑ 0 ❑ 3. GEOLOGIC PROBLEMS - would the proposal result in or expose people to potential impacts involving: a) Fault rapture? ❑ ❑ ❑ ❑ b) Seismic ground shalcing? ❑ Cl ❑ c) Seismic ground failure, including Iiquefaction? ❑ Cl ❑ d) Seiche, tsunami,or volcanic hazard? ❑ ❑ ❑ 134 e) Landslides or mudflows? Cl Cl ❑ 13 f) Erosion,changes in topography or unstable soil conditions from excavation, grading,or fill? Cl El ❑ g) Subsidence of land? 11 Cl C1h) Expansive soils? .❑ ❑ ❑ 13 i) Unique geologic or physical features? ❑ ❑ ❑ 4. WATER- Would the proposal result in: a) Changes in absorption rates, drainage patterns,or the rate and amount of surface runoff? ❑ ❑ ❑ b) Exposure of people or property to water related hazards -such as flooding? ❑ 0 ❑ x❑ c) Discharge into surface waters or other alteration of ' surface water quality(e.g.,temperature,dissolved oxygen or turbidity)? ❑ Cl ❑ d) ChEnges in the amount of surface water in any water body? ❑ ❑ ❑ x❑ e) Changes in currents;or the course or direction of water movements? Cl ❑ ❑ x❑ 3 Polenliallv Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact f) Change in the quantity of ground waters, either through- direct additions or withdrawals,or through interception of an aquifer by cuts or excavations or through substantial Ioss of groundNNater recharge capability? ❑ ❑ ❑ ❑x g) Altered direction or rate of flow of grounduster? Cl ❑ ❑ h) •Impacts to groundwater quality? ❑ ❑ ❑ i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ❑ ❑ .❑ ® 5. AIR QUALITY- Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ❑x ❑ ❑ _ b) Expose sensitive receptors to pollutants? ❑ ❑ Cl x❑ c) Alter air movement,moisture, or temperature,or cause any change in climate? ❑ ❑ ❑ 0 d) Create objectionable odors? ❑ ❑ ❑ ❑ 6. TRANSPORTATION&CIRCULATION-Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ © ❑ ❑ b) , Hazards to-safety from design features(e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g., farm equipment)? ❑ ❑ ❑ ❑ i c) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ d) Insufficient parldng capacity onsite or offsite? ❑ ❑ ❑ e) Hazards or barriers forpedestrians or bicyclists? ❑ ® ❑ ❑ f) Conflicts with adopted policies supporting alternative transportation(e g.bus turnouts,bicycle racks)? ❑ ❑ ❑ g) Rail,waterborne or air traffic impacts? ❑ ❑ ❑ 7. BIOLOGICAL RESOURCES- Would the proposal result in impacts to: a) Endangered,threatened or rare species or their habitats (including but not Iimited,to plants,fish,insects; animals,and birds? ❑ ❑ ❑ x❑ b) Locally designated species(e.g.,heritage trees)? Cl ❑ ❑ 0 c) Locally designated natural communities(e.g.,oak forest, coastal habitat,etc.)? Cl ❑ ❑ 0 d) Wetland habitat(e.g.,marsh, riparian,and vernal pool)? ❑ ❑ Cl x❑ e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ x❑ S. ENERGY&MINERAL RESOURCES-.Would the proposal: a) Conflict with adopted energy conservation plans? Cl Cl ❑ x❑ b) Use nonrenewable resources in a wasteful and inefficient manner? ❑ Cl ❑ 0 c) Result in the loss of availability of a Down mineral resource that would be of future value to the region? ❑ Cl ❑ 4 Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact 9. HAZARDS- Would the proposal involve: a) A risk of accidental explosion or release•of hazardous substances(including, but not limited to, oil,pesticides, chemicals,or radiation)? ❑. ® ❑ ❑ b) Possible interference with emergency response plan or emergency evacuation plan? ❑ ❑ ❑ ❑x c) The creation of any health hazard or potential health hazard? ❑ ❑ ❑ ❑ d) Exposure of people to e.dsting sources of potential health hazards? ❑ ❑ ❑ e) Increased fire hazard in areas with flammable brush, grass,or trees? ❑ ❑ ❑ 10. NOISE- Would the proposal result in: a) Increases in existing noise levels? ❑ ® ❑ ❑ b) Exposure of people to severe noise levels? ❑ ❑ Cl 11. PUBLIC SERVICES -Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ • b) Police protection? ❑ Q ❑ ❑ c) Schools? Cl ❑ [] x❑ d) Maintenance of public facilities,including roads? ❑ 0 ❑ Cl e) Other government services? ❑ ❑ ❑ x❑ 12. UTILITIES &SERVICE SYSTEMS-Would the proposal result in a need jar new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? . ❑ ❑ ❑ b) Communications systems? ❑ ❑ ❑ x❑ c) Local or regional water treatment or distribution facilities? Cl ❑ •❑ d) .Sewer or septic tanks? ❑ ❑ ❑ 0 e) Storm water drainage? ❑ ❑ ❑ 0 fj Solid waste disposal? ❑ ❑ ❑ ❑x g) Local or regional water supplies? ❑ ❑ ❑ 0 13. AESTHETICS-Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ x❑ b) Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ ❑x c) Create light or glare? _ ❑ ❑x ❑ ❑ • 5 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 14. CULTURAL RESOURCES - Mould the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ b) Disturb archaeological resources? ❑ ❑ ❑ c) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ x❑ d) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ X❑ 15. RECREATION-Would the proposal: a) Increase the demand for neighborhood or regional paries or other recreational facilities? ❑ ❑ ❑ b) Affect existing recreational opportunities? Cl ❑ ❑ 91 16. MA�YDATORY FMINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California History or prehistory? ❑ ❑ ❑ ® i b) Does the project have the potential to achieve short-terata to the disadvantage of long-term, environmental goals? ❑ - ❑ ❑ X❑ c) Does the project Have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects). ❑ ❑ ❑ ❑ d) Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? Cl ❑ ❑ E. EVALUATION OF ENVIRONMENTAL IMPACTS PIease refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUDYMb • 3702A 6 ATTACHMENT A ENVIRONMENTAL IMPACTS Earlier analyses used: 1) "Certification of a Negative Declaration for Acquisition of a 3.66 Acre Portion of the Property at 3075-3097 Edinger Avenue", February 6, 1995; Community Development Department, City of Tustin. '2) "Commuter Rail Station Zoning/Jamboree Plaza", October 5, 1995; Community Development Department, City of Tustin. 3) "Hazardous Waste Certification for the Commuter Rail Station Site", August 18, 1997; Community Development Department, City of Tustin. 4) "Jamboree Plaza District Regulations", Community Development Department, City of Tustin. 5) "Revised Analysis Update of Traffic Impact Study to Reflect New Jamboree 'Plaza Development Plan", October 6, 1997; KHR Associates. i6) "Metrolink Station Design Manual", November 14, 1997; Southern California Regional Rail Authority. 7) -"Phase I Environmental Site Assessment", May 6, 1997; Converse West. 8) "Phase 11 Environmental Site Assessment", July 11, 1997; Converse West. 9) "Orange County Congestion Management Program" 10)"Negative Declaration for Jamboree Plaza," June 3, 1991, Community Development Department, City of Tustin. Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 2 April 16, 1999 Discussion of.Environmental Evaluation Tustin Commuter Rail Station 3075-3097 Edinger Avenue Project Description The proposed project entails the* construction of a commuter rail station on .approximately 3.66 acres of vacant land, located on the north side of Edinger Avenue, west. of Jamboree Road, in the City of Tustin, California. The property in question is located within a partially developed multi-use commercialfindustriaWbusiness park project known as "Jamboree Plaza."The address of the property is 3075-3097 Edinger Avenue, Tustin, California (see Exhibit 1). The subject property is currently zoned Planned Community - Industrial (PC-IND). Surrounding land uses include: the U.S. Marine Corps Air Station (MCAS), Tustin, (slated for closure in 1999), located to the south and west of the subject property; the Orange County Transportation Authority (OCTA)/Southern California Regional Rail Authority (SCRRA) railroad line and various industrial uses, located to the north on land -zoned PC-IND (Planned Community - Industrial); vacant land currently zoned Public and Institutional to the southeast'across Jamboree Road; and vacant land directly to the east, in the City of Irvine, zoned as a "development preserve." - • The proposed project will consist of a 600 foot northbound platform and a 600-foot southbound platform. These platforms will be partially covered with canopies. The platforms are also proposed to be connected by a pedestrian undercrossing tunnel. The proposed project will be supported by a surface parking lot with 329 marked parking spaces; a. kiss-n-ride and drop-off area; a bus zone for OCTA buses, with a designated bus tum around route; and provision for eight (8) handicap parking stalls. The parking area and platform area lighting will adhere to the Metrolink Station Design Standards and Criteria, and:be compatible with the existing Jamboree Plaza lighting. Pursuant to Public Resources Code Section 21080(b)(11),'projects which institute or increase passenger service on rail rights-of-way already in use.are statutorily exempt from the California Environmental Quality Act. The design and construction of the commuter rail station and related improvements, however, are not exempt and are the subject of the following discussion. Because rail service is exempt in this case, the following discussion does not analyze the potential environmental impacts (such as increased noise and air emissions or odors) resulting from additional rail service. So=es: City of Tustin Community Development-Department Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates Metrolink Station Design. Manual • California Public Resources Code Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 3 -April 16, 1999 Project Background On June 3, 1991, the Tustin City Council adopted Resolution 91-75 authorizing the creation of the Jamboree Plaza District Regulations for the subject project site. This site originally consisted of approximately 24.4 acres of undeveloped land, subdivided to support approximately 202,000 square feet of commercial-re-tail, auto service, office and industrial uses. A Negative Declaration was certified for the project at the time of adoption of Resolution 91-75. Since the initial project approval in 1991, appfoximately 26,000 square feet of building space has been developed and occupied. An additional* 120,000 square feet of building space is in the development phase. .Of the original 24.4 acres, approximately 3.66 'acres of land was sold to the City of Tustin in September of 1997 to create a suitable site for the proposed commuter rail station. In 1990, an Orange County Commuter Rail Study identified the subject.site (one of four potential sites in the Tustin/Irvine area) as the preferred site for a commuter rail station. The essential reasons given were physical suitability and ease of development. This 3.66-acre parcel was originally planned to support approximately 47,800 square feet of industrial/business park building space. On May 6, 1997, Converse Environmental West issued a Phase I Environmental Site Assessment Report for the property identified as Parcels 2, 7, and 8 on Parcel Map 91-265. This report, and the subsequent Phase 11 Environmental Site Assessment Report, issued on July 11, 1997, is incorporated by reference into this Initial Study. Sources: City of Tustin Community Development Department Metrolink Station Design Manual Jamboree Plaza Planned Community District Regulations Phase I Environmental Site Assessment Report-dated May 6, 1997 Phase 11 Environmental Site Assessment Report dated July 11, 1997 Checklist Responses 1. Land Use and Planning Items a through e: "No Impact' The project will not result in alteration of the present or planned land use of the area, nor will it affect agricultural resources or operations. The project site is presently vacant. The site is zoned PC-IND (Planned Community - Industrial), per the City of Tustin Zoning Map. The site was designated by General Plan Amendment 89-02(b) as I (Industrial) and Zone Change 88-03 as PC-IND (Planned Community - Industrial)_ Zone Change 90- 01 maintained the PC-IND designation while allowing for individual land use Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 4 April 16, 1999 designations on the sites within the project area. Tentative Parcel Maps 90-2921293 and Design Review 9040 placed the site under the Jamboree Plaza District . Regulations, and a Negative Declaration was certified for those actions. Zone Change 97-002, Tentative Parcel Map 97-164 and Design Review 97-016 reconfigured the internal use designations and land divisions to reflect changes in and around the site. -The use intended for the site is consistent with'the uses currently allowed under the existing Jamboree Plaza District Regulations, and is consistent with surrounding uses. The project design will adhere to applicable lighting and landscaping standards of the Jamboree Plaza District Regulations. The commuter rail station site is a portion of a larger site known as Jamboree Plaza. Jamboree Plaza is presently developed with auto-related uses and a fast food restaurant. Office and industrial uses are currently under construction. In 1990, an Orange County Commuter Rail Study identified the subject site (one of four potential sites in the TustinPrvine area) as the preferred site for a commuter rail station. Jamboree Plaza is situated in an urban area at the northwest comer of Edinger Avenue and Jamboree Road. MCAS -Tustin, scheduled for closure in 1999, is located to .the south and west across Edinger Avenue. The OCTAISCRRA railroad line and various industrial uses are to the north. Vacant, industrially zoned land is located to the east across Jamboree Road, in the City of Irvine. The project is consistent with Policies 3.4 and 3.8 of the Circulation Element of the City of Tustin General Plan, which state as follows: Policy 3.4:."Maintain=a proactive and assertive role with appropriate agencies dealing with regional transportation issues affecting the City." Policy 3.8: "Monitor Commuter Rail Action Plan implementation and rail stop locations for potential opportunities in Tustin, and pursue potential opportunities for a rail stop location in Tustin. Seek alternative funding sources to finance a stop, if feasible, in Tustin." The project represents the realization of the City's implementation plan (action No. 9 of the Circulation Element) on a Rail Transportation Network, which states in part that . "The City shall: Continue efforts to work with the OCTA and adjacent cities in identifying a station site and available funding sources for the Commuter Rail system to serve the City of Tustin.." Sources: City of Tustin Community Development Department City of Tustin General Plane Jamboree Plaza District Regulations Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates Negative Declaration for Jamboree Plaza, June 3, 1991 Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 5 April 16, 1999 Orange County Commuter Rail Study Tustin Zoning Map Mitigation/Mcnitoring: None Required 2. Population and Housing Items a through c: "No Impact' ' The proposed project will not have full-time on-site employees, and therefore, will not create a demand for new housing. There is no residential development proposed as a part of this project, and no existing housing will be displaced. Therefore, there will 'be no direct impacts on, or alteration of, the location, distribution, density or growth rate of the human population of the area. Existing and proposed residential developments in the surrounding Tustin and Irvine areas are expected to support this project. Sources: City of Tustin Community Development Department Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates Mitigation/Monitoring: None Required 3. Geologic Problems Item f: "Potentially Significant Unless Mitigation Incorporated" The proposed project will require modification to the existing soils through grading and excavation. However, if appropriate methods of site preparation are incorporated during construction, there will be little to no potential for soil erosion or hazardous effects on humans. Sources: City of Tustin Building Division City. of Tustin Grading and Excavation Code Uniform Building Code Negative Declaration for Jamboree Plaza, June 3, 1991 Mitigation/Monitoring: The use of appropriate methods of site grading and preparation, including proper soil treatment and compaction, shall be incorporated into the construction process. Items a through e, and g through ii: "No Impact" The project will not have an impact on the geologic substructures or exposure of, pedpte or property to any geologic hazards. Phase�fand'Phase Il Transactional Audit reports were prepared for the site in May and July of 1997. The property is not now in • violation of any Federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental condition on, under, or about the property, Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 6 April 16, 1999 including, but not limited to, soil conditions, except as otherwise disclosed by the Phase I and Phase II Analysis. There are no instances of specific seismic faults or `potential for volcanic activity, tsunami, or any unique geologic or physical features in relation to the site. Sources: Phase I Environmental Site Assessment, May 6, 1997; Converse West. w Phase II Environmental Site Assessment, July 11, '1997; Convene West Mitigation/Monitoring: None Required 4. , Water Item a: "Potentially Significant Unless Mitigation Incorporated" The proposed project will add impervious surface area due to the planned parking lot and platform areas. These areas could affect drainage and absorption rates. Appropriate drainage solutions for the project shall be designed and approved in accordance with the requirements of the authorities having"jurisdiction. Sources: Field Observations City of Tustin Building Division City of Tustin Public Works Department Negative Declaration for Jamboree Plaza, June 3, 1991 Mitigation/Monitoring: Appropriate drainage solutions for the project shall be designed and approved in accordance with the requirements of the authorities having jurisdiction, including strict adherence to Public Works standards for site drainage and treatment of surface run-off. Items b through I: "No Impact" Based on field observation, there are no watercourses on the site. The project will not result in changes in any existing currents or water movements; alterations to the flow of flood waters; discharge into surface water; alterations to the rate or direction of flow of groundwater, reduction in the amount of water available for public water supplies; and/or exposure to water related hazards. The property is not now in violation of any Federal, state, or local law, ordinance, or regulation relating to industrial hygiene or to the environmental condition on, under, or about the property, except as otherwise disclosed by the Phase I and Phase 11 Analysis. Sources: Field Observation City of Tustin Building Division —_ 4 City of Tustin Public Works Department Phase I Environmental Site Assessment, May 6, 1997; Converse West. Phase 11 Environmental Site Assessment, July 11, 1997; Converse West Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 7 April 16, 1 999 Mitigation/Monitoring: None Required 5. Air Quality Item a: " Potentially Significant Unless Mitigation Incorporated "; Items b through d " No Impact' Pursuant to Public Resources Code Section 21080(b)(11), projects which institute or increase passenger service on rail rights-of-way already in use are statutorily exempt from the California Environmental Quality Act. The design and construction of the commuter rail station and related improvements, however, are not exempt. Because rail service-is exempt in this case, the following discussion on air quality does not analyze the potential for air emissions or odors resulting from additional rail service. The completed project will not result in deterioration of existing ambient air quality, create objectionable odors, or alter air movement, moisture or temperatures_ During construction, there is the potential for the generation of dust. Any potential impact can be mitigated with the requirements for dust control on site (e.g., wetting down the site during construction). The project will create the potential for reducing the number r of private motor vehicle trips by providing greater access and opportunities to utilize public transportation. The use of alternative modes of transportation should be encouraged as a means of reducing air pollution and traffic congestion_ Sources: , City of Tustin Community Development Department South Coast Air Quality Management District Negative.Declarabon for Jamboree Plaza, June 3, 1991 Mitigation/Monitoring: To mitigate dust particles from becoming airborne during construction, water trucks shall be used to keep exposed areas of the site wetted down. Construction vehicles and, motorized equipment shall be required to meet applicable air pollution control standards. 6. Transportation and Circulation Items a and e: " Potentially Significant Unless Mitigation Incorporated " An October 6, 1997 traffic impact analysis update; prepared by KHR Associates, showed the proposed commuter rail station is.expected to generate approximately 660 daily-vehicle trip ends. This estimate was based--Upon 100% occupancy of the then proposed 330 parking spaces serving the station. Peak hour volumes were assumed to be 10% of the daily totals. An additional 220 daily vehicle trip ends are projected to Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 8 April 16, 1 999 be generated by private automobiles and buses that drop off passengers at the station, for a total of 880 vehicle trip ends per day. Jamboree Road and Edinger Avenue are within the OCTNs Congestion Management Program (CMP), meaning that future projects that contribute a significant amount of traffic onto these roadways will require a detailed CMP Traffic Impact Analysis (TIA). Projects exempt from the TIA requirement are those that will not add more than 2,400 daily vehicle trips to a CMP roadway, or more than 1,600 daily vehicle trips directly onto a CMP highway. CMP policy also states that a TIA is not required for projects approved before the effective date of CMP TIA requirements (i.e., January 1992). Furthermore, intersections of roadways within the CMP (including the Jamboree Road/Edinger Avenue intersection) are permitted to operate at no worse than LOS "E" without requiring a traffic study. The original Jamboree Plaza development plan was prepared and approved in 1991, and therefore only the net increase in vehicle trips generated by the new development . plan are evaluated for TIA requirements. 3,801 daily vehicle trip ends were estimated for the original pian,:and 5,052 daily vehicle trip ends were estimated with the new development plan, inclusive of 660 daily trip ends generated by the commuter rail station, for a net increase of 1,251 daily vehicle trip ends. An additional 220 daily vehicle trip ends are anticipated from passenger drop-offs, for a grand total of 1,471 additional trip ends. This total is less than the TIA.requirement threshold of 1,600 trip ends per day. Thus, the new Jamboree Plaza development plan, inclusive of the commuter rail station, does not require a CMP TIA. Two points of access are provided directly onto Edinger Avenue--the full access main driveway into Jamboree Plaza, and a. secondary right tum Wright tum out only driveway to the east of the main driveway. The main driveway on Edinger Avenue is signalized. The secondary driveway is stop sign controlled for traffic exiting the driveway onto Edinger Avenue. At present, the average daily traffic (ADT) volume on Edinger Avenue is estimated at 13,700 vehicles. The capacity of Edinger Avenue. is 35,500 ADT, based on four travel lanes (two in each direction). The volume to capacity ratio is 0.39, which equates to an acceptable level of service (LOS) of A. The addition of 1,471 trip ends per day on Edinger Avenue raises the VIC ratio to 0.43, however, the LOS remains at A. Potential hazards to pedestrians due to the need for passengers to reach the opposite side of the railroad tracks are mitigated by the incorporation of a pedestrian undercrossing tunnel beneath.the tracks. Sidewalks, crosswalks and fencing are also infegrated into the overall site plan to' separate pedestrian and vehicular traffic. Bike racks will be provided at the station for passengers arriving by bicycle. The use of alternative modes of transportation should be encouraged as a means of reducing air • pollution and traffic congestion. Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 9 April 16, 1999 Sources: "Revised Analysis Update of Traffic Impact Study to Reflect New Jamboree Plaza Development Plan", October 6, 1997; KHR Associates. Orange County Congestion Management Program Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates City of Tustin Public Works Department Mitigation[Monitoring: The project will feature adequate parking to meet projected demand. Should parking demands exceed parking capacity, a parking management plan shall be developed and implemented, and additional parking shall be secured within the immediate area. The parking facility shall be constructed in accordance with the Public Works standards of the City of Tustin. Separate bus parking and passenger drop off/pick up areas shall be provided. Convenient public access shall be maintained. Sidewalks, crosswalks and fencing shall be integrated into the overall site plan to separate pedestrian and vehicular traffic. Bike racks shall be provided on-site. Items b through d;f and g: "No Impact" The project will not adversely affect transportation and circulation by the generation of substantial additional vehicular movement; effects on existing parking facilities, or demands for future parking; or alterations to waterbome, or air traffic. The rail station will be a benefit to the area by adding an alternative mode of public transportation that interfaces with established modes of private and public transportation (i.e., primarily automobiles and buses). Sources: 'Revised.Analysis Update of Traffic Impact Study to Reflect New Jamboree Plaza Development Plan", October 6, 1997; KHR Associates Orange County Congestion Management Program Mitigation/Monitoring: None Required 7. Biological Resources Items a through e: "No Impact" The site shows no evidence of population of any significant plants, trees, animals, fish or bird life. There is no indication of wetland habitat on site. The site is not in a wildlife dispersal or migration corridor. The proposed project will add a large number of trees and other plant life to the site in compliance with the City of Tustin Development Requirements. The project will not result in changes in the diversity of species of plants or animals, the number of species of plants or animals, introduction of any new I� species of plants or animals, or the deterioration to existing fish or wildlife habitat. Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 10 April 16, 1999 Sources: Field Observations Preliminary Landscape Pian Negative Declaration for Jamboree Plaza, June 3, 1991 Phase I Environmental Site Assessment, May 6, 1997; Converse West. Phase I1 Environmental Site Assessment, July 11, 1997; Converse West MitigationlMonitodng: None Required 8. Energy and Mineral Resources Items a through c: "No Impact" The project will be developed in accordance with all current energy conservation plans. The project will not result in a wasteful or inefficient use of non-renewable resources, or in the loss of a future valuable mineral resource. Sources: City of Tustin Community Development Department. City of Tustin Public Works Department Negative Declaration for Jamboree Plaza, June 3, 1991 Mitigation/Monitoring: None Required 9. Hazards • Item a: " Potentially Significant Unless Mitigation Incorporated " There is a possibility of accidents due to the use of pesticides and chemicals by custodians and other maintenance workers. Adherence to all Building,.Transportation and Fire Department codes and regulations will reduce the potential of exposure to accidental, chemical, explosive, fire or health hazards. The City's emergency operations plan addresses potential natural and man-made hazards. Sources: Southern California Regional Rail Authority City of Tustin Community Development Department City of Tustin Building Division Orange County Fire Authority Phase I Environmental Site Assessment, May 6, 1997; Converse West_ Phase II Environmental Site Assessment, July 11, 1997; Converse West Mitigation/Monitoring: The project shall adhere to all Building, Transportation and Fire Department codes and regulations to reduce the potential of exposure to accidental, chemical, explosive, fire or health hazards. The City's emergency operations plan shall be implemented in the event of a natural or man-made emergency. Items b through e: "No Impact' Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 11 April 16, 1999 The project will not create interference with the City's emergency response plan or emergency evacuation plan in the event of an accident or upset conditions. The project will not create any potential health hazard, nor are there existing health hazards to be concerned with. The project will lessen, rather than increase, the potential for fire hazard in the area because wild vegetation will be replaced by non-combustible structures, pavement, landscaping and irrigation. Sources: City of Tustin Community Development Department City of Tustin Building Division Orange County Fire Authority Mitigation/Monitoring: None Required 10. Noise Item a: " Potentially Significant Unless Mitigation Incorporated " Development of the project from a currently vacant property will result in an increase of existing noise levels. Possible sources of noise associated with this project include automobile and buses, the deceleration and acceleration of trains at the station, courtesy horns and bells, and temporary construction activities. As stated earlier in this Initial Study Discussion, noise associated with the operation of existing and future train service is not considered a part of this project, but is categorically exempt from the California Environmental Quality Act. According to Arthur Millet, Metrolink Operations Representative and Bill Lydon, Metrolink Director of Equipment, Metrolink trains generate approximately 73 decibels when idle and 78 decibels at full throttle. The acceleration and deceleration of trains in the vicinity of the station will generate noise levels within the 73 to 78 decibel range. Because existing Metrolink trains are operating at full throttle on the existing rail line, the acceleration and deceleration will not create significant additional noise impacts. Metrolink trains also have anti-lock braking systems that reduce the sound of squealing brakes in addition to eliminating the wear on the wheels that would typically create a "thumping"sound when.the trains are in motion. Noise associated with arrival and departure announcements would be insignificant, as trains will not announce their arrival at or departure from the station with the use of long horn blasts. Quick courtesy hams are usually sounded by the trains upon departure. The noise associated with these sounds is approximately 96 decibels measured 100 feet from the front of the train and about 80 decibels 900 feet away from the side of the train. Because the nearest rail platform will be more than 2,500 feeflabout %Z mile) from the nearest noise-sensffive uses (residences) in Tustin and approximately 2,000 feet from the closest residences in Irvine, the audibility of these ® sounds.from residential properties will be insignificant Upon arrival, a courtesy bell is typically rung. The noise generated by the bell is insignificant. Trains will continue to Attachment A--Environmental Impacts Tustin Commuter Rail Station • Page 12 April 16, 1.999 • sound their homs near the at-grade crossing at Red Hill Avenue. However, this noise is unrelated to the Tustin commuter rail station. Temporary construction noise will be intermittently gener'ated by vehicles and equipment for the duration of the. construction period. This noise will be limited to normal work hours per the City of Tustin Public Works Department restrictions on work activities, and will cease once construction is completed. Sources: City of Tustin Noise Ordinance City of Tustin General Plan Noise Element City of Tustin Public Works Department Metrolink Sound Level and Seismic Level Survey for City of Covina, February 1996 MitigationlMonitoring: Temporary construction noise will be restricted to specific work hours, as determined by the City of Tustin Public Works Department, and subject to the limits allowed under the City of Tustin Noise Ordinance. Item b: "No Impact" Other than temporary construction noise, the project will not expose people to severe or sustained noise levels. The amount of noise the project will generate will be regulated by the City of Tustin Noise,Ordinance. Sources: City of Tustin Noise Ordinance City of Tustin General Plan Noise Element Mitigation/Monitoring: None Required 11. Public Services Items b and d: " Potentially Significant Unless Mitigation Incorporated " The project will have a minor effect on police and maintenance services. All services currently exist in adequate supply to service the proposed project. The City will assume certain maintenance costs for the project. Based on the station's efficient design, these costs are expected to be minimal and non-significant. The use of security lighting throughout the parking areas and on the platform, landscaping, and anti-graffiti coatings on platform surfaces, will discourage crime and vandalism. Sources: City of Tustin Community Development Department City of Tustin Police Department City of Tustin Public Works Department Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates Attachment A– Environmental Impacts Tustin Commuter Rail Station ! Page 13 April 16, 1999 MitigationtMonitoring: The project will use security lighting throughout the parking areas and on the platform, landscaping, and anti-graffiti coatings on platform surfaces, to discourage crime and vandalism. Items a, c, and e: "No Impact' The project will not result in a need for new or altered governmental services. Fire protection will be governed by all applicable codes and will be designed for adequate project protection. There will be no requirements for schools, as the project will not increase population in the area or generate additional housing demands. Sources: City of Tustin Community Development Department City of Tustin Building Division Orange County Fire Authority Mitigation/Monitodng: None Required 12. Utilities and Service Systems Items a through g: "No Impact' The project will not result in the requirement for'new systems or supplies or in the substantial alteration of electrical power, natural gas, communications systems, water supply, treatment and distribution, sewer, storm water management, or refuse disposal. All utilities are currently available to the site and will be designed in accordance with governing regulations and codes. Sources: Pacific Bell Irvine Ranch Water District Southern Califomia Gas Company City of Tustin Public Works Department Mitigation/Monitodng: None Required 13. Aesthetics Item c: " Potentially Significant Unless Mitigation Incorporated " The project will add new lighting to the area in the form of security lighting in the parking lot and along the rail platforms. Project lighting will be designed to meet the minimum site lighting requirements for security, with light directed downward through the u`se of deflectors. — • Sources: City of Tustin Community Development Department Preliminary Lighting Plan Attachment A—Environmental Impacts Tustin Commuter Rail Station • Page 14 April 16, 1999 City of Tustin Security Ordinance Tustin Commuter Rail Station Site Plan & Elevations, Miralles Associates Mitigation/Monitoring: Light standards shall be no higher than required to light the facility, and the light source shall directed downward through the use of deflectors. Items a and b: "No Impact" The project will not result in the obstruction of any scenic vista or view open to the public. There are no scenic vistas or highways within the area of the project. Sources: Field Observations City of Tustin Community Development Department Mitigation/Monitoring: None Required 14. Cultural Resources Items a through d: "No Impact'.' Historically the site may have been a part of the MCAS Tustin and was used for • agricultural purposes. More recently the site has been vacant. At the time of development of the improved portion of the site in 1991, and more recently in 1998, no archaeological or culturally significant items were discovered. The project will not disturb any paleontoligical or archaeological resources. The project will create no potential to affect any unique cultural values. There are no religious or sacred uses within the project area. Sources: City of Tustin Genera! Plan City of Tustin Historic Resources Survey Phase I Environmental Site Assessment, May 6, 1997; Converse West. Phase 11 Environmental Site Assessment, July 11, 1997; Converse West Mitigation/Monitoring: None Required 15. Recreation Items a and b: "No Impact" The project will not result in an impact upon the quality or quantity of existing rede'ational opportunities. The project will not create a need for more recreational facilities, nor will it affect the existing facilities in the area. Source: City of Tustin Parks and Recreation atEon Department Attachment A Environmental Impacts Tustin Commuter Rail Station • Page 15 April 16, 1999 MitigationlMonitoring: None Required 16. Mandatory Findings of Significance Items a through d: "No Impact" Based on the above findings, the project will not degrade the quality-of the existing' environment, will not substantially reduce the habitat or population of fish or wildlife, will not threaten any plant or wildlife species, nor will it affect any examples of California history or pre=history.The project will not result in the potential of achieving a short-term environmental goal to the disadvantage of long tens goals. The project will not "create any cumulatively considerable impact. The project will not create any environmental impacts that will.cause adverse effects on human-beings. 5 'EXHIBIT 1 c r � 9}� \ PROPOSED 1 ��• 1 \, TUSTIN' . COMMUTER lZRAIL cz 11' fi STA TION `ti 'may JAMBOREE lk 1 PLAZA y� z � lz- / / / / YcY i • Tial V TUSTIN COMMUTER RAIL STATION MITIGATION MONITORING CHECKLIST d ISSUE A EA MITIGATION MEASURES MONITORING AGENCY MONITORING TIMING Geologic problems The use of appropriate methods of site Community Development During Construction grading and preparation shall be Department incorporated into the construction process. Water Appropriate drainage solutions for the project Community Development During Design shall be designed and approved in Department accordance with the requirements of the authorities having jurisdiction. Air Quality During construction, wetting down the site Community Development During Construction shall be required for dust control. All Department construction vehicles and motorized equipment shall be required to meet applicable air pollution.control standards. Transportation and Adequate parking shall be provided to meet Community Development Ongoing Inspection Circulation projected demand. Should parking demands Department exceed parking capacity, a parking management plan shall be developed and - implemented, and additional parking shall be secured within the immediate area. Transportation and The parking facility shall be constructed in Community Development During Design and Circulation accordance with the Public Works standards Department Construction of the City of Tustin. Separate bus parking and passenger drop off/pick up areas shall be provided. Convenient public access shall be maintained. Sidewalks, crosswalks and fencing shall be integrated into the overall site plan to separate pedestrian and vehicular traffic. Bike racks shall be provided on-site. Hazards The project shall adhere to all Building, Community Development and During Design and as Transportation and Fire Department codes Public Works Departments needed and regulations to reduce the potential of exposure to accidental, chemical, explosive, fire or health hazards. The City's emergency operations plan shall be implemented in the event of a natural or man-made emergency. ISSUE AREA MITIGATION MEASURES MONITORING AGENCY MONITORING TIMING Noise Noise generated from construction vehicles Community Development and During Construction and equipment will be temporary in nature Public Works Departments and shall be limited to specific work hours, as established by the Public Works Department, and subject to the limits allowed under the City of Tustin Noise Ordinance. Public Services The project will use security lighting Community Development During Design and throughout the parking areas and on the Department Construction platform, landscaping, and anti-graffiti coatings on platform surfaces, to discourage crime and vandalism. Aesthetics Light standards shall be no higher than Community Development During Design and required to light the facility, and the light Department Construction source shall be directed downward through the use of deflectors. EXHIBIT E RESOLUTION NO. 3667 I RESOLUTION NO. 3667. 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE • CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL 3 NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN REVIEW 99-007 AND ALL FEASIBLE MITIGATION MEASURES 4 HAVE BEEN INCORPORATED AS REQUIRED BY THE s CALIFORNIA ENVIRONMENTAL QUALITY ACT. 6 The Planning Commission of the City of Tustin does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: s A. That Design Review 99-007 is considered a "project" pursuant to the terms of the California Environmental Quality Act. 9 B. A Negative Declaration has been prepared for this project and has 10 been made available for public review. 11 C. Whereas, the Planning Commission of the City of Tustin has 12 considered evidence presented by the Community Development Director and other interested parties-with respect to the subject 13 Negative Declaration. 14 D. The Planning Commission has evaluated the proposed final Negative Declaration and determined that it is adequate and 15 complete. - 16 II. A Negative Declaration has been completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered 17 the information contained in the Negative Declaration and has found that it adequately discussed the environmental effects of the proposed project. 1s Further,the Planning Commission finds the project involves no potential for any adverse effects, either individually or cumulatively, on wildlife 19 resources; and, therefore, makes a De Minimis Impact Finding related to 20 the California State Department of Fish and Game Code Section 711.4. 21 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,held on the 10th day of May, 1999. 22 23 24 LESLIE A. PONTIOUS 25 Chairperson 26 27 ELIZABETH A. BINSACK 28 Planning Commission Secretary 29 STATE OF CALIFORNIA) 02 COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 I, ELIZABETH A. BINSACK,the undersigned, hereby certify that I am the Planning Commission Secretary of the`City of Tustin, California; that Resolution No. 3667 5 was duly passed and adopted at a regular meeting of the Tustin Planning Commission,held on the 10th day of May, 1999. 6 7 8 9 ELIZABETH A. BINSACK 10 Planning Commission Secretary - 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 •29 i EXHIBIT F RESOLUTION NO. 3668 1 RESOLUTION NO. 3668 z A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE CITY OF TUSTIN APPROVING DESIGN REVIEW 99- 007 FOR DEVELOPMENT OF THE TUSTIN COMMUTER 4 RAIL STATION LOCATED' AT 3075-3097 EDINGER AVENUE. s 6 The Planning Commission of the City of Tustin does hereby resolve as 7 follows: s 1. The Planning Commission finds and determines as follows: 9. A. That a proper application, Design Review 99-007 has been 10 filed by the City of Tustin for the development of the Tustin 11 Commuter Rail Station, generally located at 3075-3097 Edinger Avenue in the Jamboree Plaza business park. 12 13 B. That said application was reviewed and considered by the Planning Commission at a public meeting on May 10, 1999. 14 C. That the Planned Community designation of the site enables 1s the site to be developed subject to Planning Commission 16 approval of a development plan pursuant to Tustin City Code Section 9244. 17 18 D. Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, 19 architectural features and general appearance of the proposed development will not impair the orderly and 20 harmonious development of the area, the present or future 21 development therein, the occupancy thereof, or the community as a whole. In making such findings, -the 22 Commission has considered at least the following items: 23 1. Height, bulk and area of buildings. 24 2. Setbacks and site planning. 2s 26 3. Exterior materials and colors. 27 4. Type and pitch of roofs. 28 5. Size and spacing of windows, doors and other .29 openings. 1 Resolution No. 3668 Page 2 - z 3 6. Towers, chimneys, roof structures,flagpoles, radio and 4 television antennae. 5 7. Landscaping, parking area design and traffic 6 circulation. 7 8. Locatlon,�height and standards of exterior illumination. 8 9. Location and appearance of equipment located outside 9- of an enclosed structure. 10 10. Location and method of refuse storage. 11 - 11. Physical relationship of proposed structures to existing 12 structures in the neighborhood. 13 , 12. Appearance and design relationship of proposed. 14 structures to existing structures and possible future structures in . the neighborhood and public 15 thoroughfares. I6 13. Proposed signage. 17 14. Development Guidelines and criteria as adopted by the 18 City Council. 19 E. A Mitigated Negative Declaration has been prepared for this 20 project in accordance with the provisions of the California Environmental Quality Act(CEQA). 21 F. That the project has been reviewed for-consistency with the 22 Air Quality Sub-Element of the City of Tustin General Plan 23 and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 24 25 II. The Planning Commission hereby approves Design Review 99-007 for the development of the Tustin Commuter Rail Station at 3075- 26 3097 Edinger Avenue, subject to the conditions contained in Exhibit A, attached hereto. 27 2s 29 1 Resolution No. 3668 • Page 3 - 2 3 -PASSED AND ADOPTED at a regular meeting of .the Tustin Planning 4 Commission, held on the 10th day of May, 1999. 5 6 7 LESLIE A. PONTIOUS Chairperson 8 9 ELIZABETH A. BINSACK 10 Planning,Commission Secretary I1 - 12 STATE OF CALIFORNIA) COUNTY•OF ORANGE ) 13 CITY OF TUSTIN } 14 • 15 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California;that 16 Resolution No. 3668 was duly passed and adopted at a regular meeting of 17 the Tustin Planning Commission, held on the 10th day of May, 1999. 1s 19 20 ELIZABETH A. BINSACK 21 Planning Commission Secretary 22 �3 24 25 26, 27 28 EXHIBIT A DESIGN REVIEW 99-007 CONDITIONS OF APPROVAL RESOLUTION NO. 3668 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped May 10, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve,modifications to the plans if such modifications are determined to be consistent with the approved plans. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design Review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. PLAN SUBMITTAL/CONSTRUCTION (3) 2.1 Requirements of the Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1997 UBC, applicable City Codes and the City's Security Code. No field changes shall be made without corrections submitted to'and approved by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS (7) PCICC POLICY (3) - UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS r ExhibitA Design Review 99-007 Conditions of Approval Resolution No. 3668 Page 2 i (3) - 2.2 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual and South Coast Air Quality Management District. All street sections,.curbs., gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any a0proval. (3) 2.3 A minimum six-foot high fence shall be installed around the site prior to construction.. Gated entrances shall be permitted along the perimeter for construction vehicles. (2) 2.4 The use of appropriate methods of site grading and preparation shall be incorporated into the construction process. (2) 2.5 Appropriate drainage solutions for the project shall be designed and approved in accordance with the requirements of,the authorities having Jurisdiction. (2) 2.6 During construction, proper dust suppression measures shall be required. All construction vehicles and motorized equipment shall be required to meet applicable air pollution control standards' ' (2) 2.7 The project shall adhere' to all Building, Transportation and Fire Department codes arid; regulations to reduce the potential of exposure to accidental, chemical, explosive, fire or health hazards. The City's emergency operations plan shall be implemented in the event of a natural or man-made emergency (4) 2.8 A note shall be provided on the plans that "All parking areas shall be . illuminated with a minimum of one footcandle of light, and lighting shall not produce light or glare or have a negative impact on adjacent properties." (4) 2.9 The proposed optional trash bin enclosure, if constructed,shall be screened by a solid decoratiVewall consistentwith the station's materials and finishes and be of.a`minimum height of six feet. The actual location of the enclosure and types of screening and' details of the'.enclosure shall be submitted at building plan check and 'are subject to. approval by the. Community . Development Department. ;The location of the.bin, size and quantity shall be reviewed and accepted in writing by Great Western.Reclamation. (3) 2.10 Parking spaces designed for use by persons with disabilities shall comply with California Title 24'regulations. Exhibit A Design Review 99-007 Conditions of Approval Resolution No. 3668 Page 3 (4) 2.11 The Community Development Director shall have the authority to approve final design specification, details and colors at building plan check. All exterior accent colors shall be consistent with samples provided on the color board approved at building plan check. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. SITE AND BUILDING CONDITIONS (4) 3.1 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall either blend with the architectural design of the project or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. (4) 3.2 The locations and types of lighting shall be subject to approval by the Community Development Director. All lighting shall comply with the City's • Security Ordinance. The project will have security lighting throughout the parking areas and on the platform. Light standards shall be of adequate height to illuminate the facility and the light source shall. be directed downward through the use of deflectors. (2) 3.3 The parking facility shall be constructed in accordance with the Public Works standards of the City of Tustin. Separate bus parking and passenger drop -off/pick up areas: shall be provided. Convenient public access shall be maintained. Sidewalks, crosswalks and fencing shall be integrated into the overall site plan to separate pedestrian and vehicular traffic. Bike racks shall be provided on-site. (2) 3.4 Anti-graffiti coatings shall be used on platform surfaces to discourage crime and vandalism. (4) 3.5 Six (6) inch continuous concrete curbing shall be used through the parking lot and .adjacent to sidewalks, except where required to satisfy handicap access requirements. (2). 3.6 Adequate parking shall be provided to meet projected demand. Should: parking demands exceed parking capacity, a parking management plan shall be developed and implemented, and additional parking shall be secured within the immediate area Exhibit A .Design Review 99-007 Conditions of Approval Resolution No. 3668 Page 4 NOISE (2) 4.1 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made•at the time the permit for the work is awarded or during progress of the work unless other .construction noise standards are subsequently adopted by the City Council in which case said new standards shall be complied with. LANDSCAPING (1) 5.1 Actual quantities, species, locations and sizes of plant materials shall be determined during building plan check with the assistance of the City's landscape maintenance supervisor. Plant materials shall be selected to promote water and energy conservation. Final landscaping and irrigation plans shall be reviewed for conformance with the City's Landscaping and Irrigation Guidelines. (1) 5.2 All landscaping shall be maintained in a healthy condition such that all plant materials are evenly cut, evenly edged, free of bare or brown spots, free of debris,weeds or dead vegetation. SIGNS (4) 6.1 All signs shall require review and approval by the Director of Community Development. FIRE DEPARTMENT (5) 7.1 Prior to the issuance of any building permits the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. Exhibit A Design Review 99-007 Conditions of Approval Resolution No. 3668 Page 5 (5) 7.2 Prior to the issuance of'any certificates of use and occupancy, all fire hydrants shall have a "Blue'.Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (5) 7.3 Prior to the issuance of a grading permit, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. (5) 7.4 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire Chief in consultation with the Manager, Subdivision and Grading Services.- The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds • 150 feet or when otherwise required. Speed bumps/humps, control gates or other modifications within the access roads shall be prohibited unless approved by the Community Development Director and City Engineer in consultation with the Fire Chief. (5) 7.5 Prior to the issuance of building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of the lettering- and the contrasting background color shall be submitted to and approved by the Fire Chief. (5) 7.6 Prior to the issuance of any certificates of use and occupancy,the fire lanes shall be installed in accordance with the approved fire lane plan. Parking within fire lanes shall be prohibited. FEES (1) 8.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time-of permit issuance, including, but not limited to: A. Orange County Fire Authority plan check and inspection fees based upon the most current schedule. Exhibit A Design Review 99-007 Conditions of Approval Resolution No. 3668 Page 6 B. School facilities fees to the Tustin'Unified School District, subject to any •agreement reached and executed ,between the District and applicant. C. Sewer and water connection fees to the Irvine.Ranch Water District. (5) 8.2 Within forty-eight (48) hours of approval, of the subject project, the City - shall file the appropriate environmental documentation for the project. ITEM #5 Olepor' t to h the s � Plannmg Commission DATE: MAY 10, 1999 SUBJECT: CITY COUNCIL ACTION AGENDAS,APRIL 19 AND MAY 3, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT iATTACHMENT: CITY COUNCIL ACTION AGENDAS -APRIL 19 AND MAY 3, 1999 ACTION AGENDA CITY COUNCIL REGULAR MEETING • APRIL 19, 1999 7:12 P.M. CALL TO ORDER GIVEN INVOCATION - Dr. Lloyd Strelow, Peace Lutheran Church GIVEN PLEDGE OF ALLEGIANCE POTTS ABSENT ROLL CALL PRESENTED PROCLAMATION - Fire Service Recognition Day PRESENTED PRESENTATION - Child Abuse Services Team (CAST), Jan Grotewold NONE PUBLIC INPUT PUBLIC HEARING ( ITEM 1 ) CONTINUED 1. APPEAL OF CONDITIONAL USE PERMIT 98-007 AND TO 5/3 DESIGN REVIEW 98-007 (APPLICANT: EZ LUBE) MEETING Conditional Use Permit 98-007 and Design Review 98- 007 are requests to construct -a 1,541 square foot drive through- oil change facility with .two service bays. The property is located at 12972 Newport Avenue on 'the northeast corner of Newport Avenue_ and Old Irvine Boulevard. Recommendation: 'Continue the public hearing to the May 3, 1999 City Council meeting as recommended by the Community Development Department. CONSENT CALENDAR ( ITEMS 2 THROUGH 12 ) RATIFIED 2. PLANNING COMMISSION ACTION AGENDA — APRIL 12, 1999 All actions of the Planning Commission become final • unless appealed by the City Council or member of the public. Action Agenda —City Council April 19, 1999—Page 1; Recommendation: Ratify the Planning Commission Action Agenda of April 12, 1199. • APPROVED 3. APPROVAL OF MINUTES — APRIL 5, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 5, 1999. APPROVED 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $787,582.91 and ratify. Payroll in , the amount of $389,620.83. ADOPTED 5. RESOLUTION NO. 99-29 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-29 APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE (APPLICANT: RED HILL RESTAURANT, INC.) Recommendation: Adopt Resolution No. 99-29 approving . Conditional Use Permit 98-029 as recommended by the Community Development Department. APPROVED 6. PROFESSIONAL SERVICES AGREEMENT FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM Recommendation: Authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute the Professional Services Agreement with Shasta Electric, LP for services to provide integration and installation of a SCADA system for the -City's water system as recommended by the Public Works Department/ Water Division. APPROVED 7. DISPOSITION OF SURPLUS CITY VEHICLE Recommendation: Authorize the sale of a used marked Police vehicle to Irvine Unified School District for $3,500' as recommended by the Police Department. RECEIVED 8. QUARTERLY INVESTMENT REPORT • AND FILED In compliance with Government Code 'Section 53646, the Investment Report for the quarter ending March 31, Action Agenda—City Council April 19, 1999— Page 2 1999, is submitted for City Council review. Recommendation: Receivef and file subject report as recommended by the City Treasurer. APPROVED 9. DENIAL OF CLAIM NO., 98-38, CLAIMANT: LOUISE HALL Recommendation: Deny subject claim and direct the City .Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. APPROVED 10. AWARD OF BID FOR EIGHT POLICE PATROL UNITS Recommendation: (1) Award bid for eight 1999 Ford . Crown Victoria vehicles for marked police patrol to Wondries Chevrolet of Alhambra, California, in the amount of $183,168.00 plus tax; (2) Award bid for conversion of the eight marked police units to Pursuit Technologies of Buena Park; California, in the amount of $33,494.00 plus 'tax; and (3) Authorize 'the Police Department to acquire two Mobile Audio Video Systems from Kustom Signals, Inc., Lenexa, Kansas, in the amount of $5,210.00 as recommended by the Police Department. ADOPTED 11. RESOLUTION NO. 99-30 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-30 APPROVING FINAL TRACT MAP 15707 LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO AND SIXTH STREET (715-765 EL CAMINO REAL AND 120-250 SIXTH STREET) TO SUBDIVIDE PARCEL 1 OF FINAL PARCEL MAP 98-161 INTO THIRTY. EIGHT (38) NUMBERED LOTS AND TEN (10) LETTERED LOTS TO ACCOMMODATE DEVELOPMENT OF THIRTY EIGHT (38) SINGLE FAMILY RESIDENTIAL DETACHED UNITS (APPLICANT; WARMINGTON OLD_TOWN ASSOCIATES) Recommendation: Adopt Resolution No. 99-30 approving Final Tract Map 15707 as recommended by the Community Development Department. APPROVED 12. AGREEMENT WITH ORANGE COUNTY FEEDBACK FOUNDATION FOR A SENIOR TRANSPORTATION SERVICES VEHICLE Recommendation: Approve the Agreement with Feedback Foundation,that will provide a vehicle for the existing senior transportation program as recommended by the Parks and Recreation Department. Action Agenda—City Council April 19, 1999 — Page 3 REGULAR BUSINESS (ITEM 1+ ) SELECTED WORLEY -13. SELECTION OF MAYOR AND MAYOR PRO TEM AS MAYOR; THOMAS AS PRO TEM Annually, at the second meeting in April, the City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the coming year. Recommendation: Pleasure of the City Council. NONE PUBLIC INPUT OTHER BUSINESS /COMMITTEE REPORTS DOYLE: REPORTED SANTA COP CASINO NIGHT WOULD BE HELD APRIL 24 AT THE REVERE HOUSE; AND THE SANTA ANA JUNIOR ASSISTANCE LEAGUE WOULD HOST A VIVA LAS VEGAS NIGHT AT THE REVERE HOUSE ON APRIL 23 COMMENTED THAT HE HOPED THE THREE AMERICAN PRISONERS OF WAR IN YUGOSLAVIA WOULD RETURN HOME SAFELY THOMAS: COMMENDED FORMER MAYOR SALTARELLI AND MAYOR WORLEY, FOR THEIR DEDICATION; COMMENTED THAT TUSTIN WAS A VERY WELL RUN;,- CITY WITH' AN EXCELLENT STAFF; AND HE WAS PROUD TO BE A CITY RESIDENT AND MEMBER OF THE COUNCIL NONE CLOSED SESSION - None 7:50 P.M. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, May 3, 1999, at 7:40 p.m. in the Council Chamber at 300 Centennial Way. MAYOR'S RECEPTION - Immediately following the City Council meeting, the Mayor's Reception will be held in the Community Center. 'The public is invited to attend. Action Agenda —City Council April 19, 1999--Page 41 ACTION AGENDA REGULAR MEETING OF-THE TUSTIN COMMUNITY REAVELOPMENT AGENCY • APRIL 19, 1999 7:50 P.M. CALL TO ORDER POTTS ABSENT ROLL CALL REGULAR BUSINESS ( ITEMS ' 1 THROUGH 3 ) APPROVED 1. APPROVAL OF MINUTES -- APRIL 5, 1999 REGULAR MEETING, Recommendation: Approve the Redevelopment Agency Minutes of April 5, 1999.- APPROVED 999.APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of S $129,003.07. SELECTED WORLEY 3. SELECTION OF REDEVELOPMENT AGENCY CHAIR AND AS CHAIR,; CHAIR PRO TEM THOMAS AS CHAIR PRO TEM Annually, at the second meeting in April, the Redevelopment Agency selects those members- of the Agency who will serve as Chair and Chair Pro Tem for the coming year. Recommendation: Pleasure of the Agency. NONE OTHER BUSINESS NONE CLOSED SESSION - None 7:50 P.M. ADJOURNMENT - The next regular meeting of the 'Redevelopment Agency is scheduled for Monday, May 3, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda—Redevelopment Agency April 19, 1999—Page .1 ACTION AGENDA. CITY COUNCIL REGULAR MEETING MAY 3, 1999 7:03 P.M. CALL TO ORDER GIVEN INVOCATION - Father Christopher Heath, St. Cecilia's Catholic Church PRESENTED PLEDGE OF ALLEGIANCE - Boy Scout Troop 323 COLORS ALL-PRESENT ROLL CALL (SALTARELLI ARRIVED 7:35) PRESENTED PROCLAMATION - (1), Chris .Moore, Quebec International Hockey Tournament; (2) Tustin High School Dance Team National Champions; (3) Veteran Appreciation Month; (4) Red Hill Volunteer Firefighters; and (5) Association of Letter • Carriers National Food Drive PRESENTED PRESENTATION - Mr. Richard Benjamin, President, Tustin PHOTO.PLAQUE Soccer Club TO COUNCIL PUBLIC INPUT JACK MILLER: URGED CITY COUNCIL TO SUPPORT PASSAGE ASSAULT SENATE BILL 23 TO TIGHTEN 6RT ON WEAPONS SALTARELLI: REPORTED HE ARRIVED LATE BECAUSE LHE ATTENDED THE DEDICATION CEREMONIES FOR THE ACADEMIC HONOR ROLL WALL AT TUSTIN HIGH SCHOOL AND COMMENDED THE SCHOOL-FOR THEIR EXCELLENCE PUBLIC HEARING ( ITEMS 1 THROUGH 4 ) CONTINUED TO 1. APPEAL OF CONDITIONAL USE PERMIT 98-022 AND 6/7 MEETING; DESIGN_REVIEW 98-026,(APPLICANT: JACK, APPROVED REFUND STANALAND, PLAZA LAFAYETTE, LLC) OF APPEAL,FEES The applicant is requesting authorization,to establish an .Action Agenda —City Council May 3, 1999— Page 1 employee parking lot in a. vacant 50 foot by 314 foot • portion of an abandoned railroad right-of-way located to the 'north of the Plaza Lafayette shopping center at 13031 Newport Avenue,and to the west of the Woodcrest Apartments located at 12901-12943 Newport Avenue. Recommendation by the Community Development, Department: 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. .99-32 approving Conditional Use Permit 98-022 and Design Review 98- 026:, RESOLUTION NO. 99-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING - 'THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT 98-022 AND DESIGN REVIEW 98-026 AUTHORIZING THE ESTABLISHMENT OF A PARKING LOT ON A VACANT 50' BY 314' PORTION OF AN ABANDONED RAILROAD RIGHT-OF- WAY LOCATED- TO THE NORTH OF THE PLAZA LAFAYETTE SHOPPING CENTER AT 13011 NEWPORT AVENUE AND TO THE WEST OF 12901-12943 NEWPORT AVENUE ADOPTED- 2. FISCAL YEAR 1999-00 ACTION PLAN AND PROPOSED RESOLUTION -USE OF COMMUNITY DEVELOPMENT BLOCK GRANT NO. 99-28 (CDBG) FUNDS The Community Development Department is proposing to submit to HUD a 1999-00 one-yeas Action Plan which describes the activities that the City will undertake during the program year and the program budget for disbursement of CDBG•funds. Recommendation -by the Community Development -Department: 1. Open and close the Public Hearing. .2. Adopt the following Resolution No. 99-28: RESOLUTION NO._ 99-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROPOSED USE„ OF Action Agenda—City Council May 3, 1999 Page 2 ,' FISCAL YEAR 1999.00 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR INCLUSION IN THE ONE- YEAR ACTION PLAN INTRODUCED 3. ORDINANCE NO. 1214— UNIFORM CONSTRUCTION ORDINANCE CODES N0. 1214 The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The uniform codes include: the Uniform Building, Fire, Mechanical, Housing, Plumbing Codes, National Electric Code and other related codes. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. 2. Have first reading by title only and introduction of the following Ordinance No. 1214: ORDINANCE NO. 1214 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, • CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY, CODE ADOPTING THE 1997 EDITIONS OF THE UNIFORM CODES AND THE 1996 NATIONAL ELECTRICAL CODE WITH APPENDICES AND AMENDMENTS THERETO ADOPTED 4. APPEAL OF CONDITIONAL USE PERMIT 98-007 AND RESOLUTION DESIGN REVIEW 98-007, CONTINUED PUBLIC NOS. 99-33 HEARING (APPLICANT: MICHAEL J. DOBSON, EZ AND 99-34 LUBE) Conditional Use Permit 98.007 and Design Review 98- 007 are requests to construct a 1,472 square foot drive- through oil change facility with two service bays. The property is located at 12972 Newport Avenue on the northeast corner of Newport Avenue and Old Irvine Boulevard. Recommendation by the Community Development Department: • 1. Open and close the Public Hearing. Action Agenda --City Council May 3, 1999— Page 3 2. Adopt the following Resolution No. 99-33 approving Conditional Use Permit 98-007 .and Design Review 98- 007: RESOLUTION NO. 99-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE, PERMIT 98-007 AND DESIGN REVIEW 98.007 AUTHORIZING A DRIVE-THROUGH OIL CHANGE FACILITY AT 12972 NEWPORT AVENUE 3. Adopt the following Resolution No. 99-34 certifying the final Negative Declaration as required by the California Environmental Quality Act: RESOLUTION NO. 99-34 A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF TUSTIN, CALIFORNIA, CERTIFYING .THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 AND MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA . ENVIRONMENTAL QUALITY ACT • CONSENT CALENDAR ( ITEMS 5 THROUGH 13 ) APPROVED 5. APPROVAL OF MINUTES — APRIL 19, 1999 REGULAR MEETING Recommendation:. Approve the City Council Minutes of April 19, 1999. APPROVED 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation:- Approve Demands .in the amount of $1,410,911.83 andL ratify Payroll in the amount of $468,716.76. RECEIVED 7. CENSUS 2000 UPDATE AND .FILED Recommendation: Receive and file subject report as recommended by the 'Community Development Department. APPROVED 8. TERM EXPIRATIONS FOR COMMISSIONS/COMMITTEES Recommendation: Direct staff to issue a press release seeking candidates to serve on the Audit Committee, • Planning Commission, - and Parks and Recreation Commission as recommended by the City Clerk's Office. Action Agenda —City Council May 3, 1999— Page 4 „ APPROVED 9. POLICE MOTORCYCLE REPLACEMENT BID_ Recommendation: Award the bid for two 1999 police Kawasaki motorcycles to VIP Kawasaki of Buena Park, California, ' in the amount of $10,243.57 per unit as recommended by the Police Department. APPROVED 10. AWARD OF BID FOR JOHN DEERE RIDING MOWER Recommendation: Award the bid for a John Deere Riding Mower with a 60" deck, Model No. F935 with a Peco Collection System attachment, to Eberhard Equipment of Santa Ana, California, in the amount of $18,334.21 as recommended by the Public Works Department/Field Services. ADOPTED 11. RESOLUTION NO. 99.26 - A RESOLUTION OF THE CITY' RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-26 ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR FRONTIER PARK AND PINETREE PARK (PROJECT NOS. 200030/400034) Recommendation: Adopt Resolution No. 99-26. accepting said work as complete, authorizing the recordation of the Notice of Completion, and directing the City Clerk to: (1) Release the Labor and Materials Bond no sooner than thirty-five (35) days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion as recommended by Parks and Recreation Services. APPROVED 12. POLICE OFFICERS MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute a two-year Memorandum of Understanding with the Tustin Police Officers Association effective January 1, 1999 through December 31, 2000 as recommended by Personnel Services. APPROVED 13. POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute a two-year Memorandum of Understanding with the Police Management Group as recommended by . Personnel Services. Action Agenda —City Council May 3, 1999-- Page 5 REGULAR BUSINESS ( ITEMS 14 THROUGH 15 ) INTRODUCED 14. CURFEW ORDINANCE REVISIONS ORDINANCE NO. 1216 Pursuant to recent law changes, the curfew ordinance needs to be revised. Recommendation: Have first reading by title only and introduction of the following Ordinance No. 1216 as recommended by the Police Department: ORDINANCE NO. 1216 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 6102 OF THE TUSTIN CITY CODE RELATING TO A CURFEW FOR MINORS APPOINTED 15. MAYORAL APPOINTMENTS TO COMMITTEES COUNCILMEMBERS AS INDICATED UNDER Mayor Worley has requested that this item be placed on RECOMMENDATION the agenda in order that she can make appointments to the City and County committees on which members of the City Council will serve. Recommendation: Pleasure of the Mayor. Economic Development Council: Thomas/Doyle El Toro Reuse Planning Authority: Thomas/Saltarelii Foothill/Eastern TCA: Potts/Thomas Growth Management Areas: Doyle Orange County Fire Authority: Worley/Potts Orange County Sanitation District: Saltarelii/Potts O.C. Regional Airport Authority: Doyle/Saltarelii O.C. Council of Governments: Thomas/Saltarelii Santa Ana/Tustin JPA TSTA: Worley/Thomas Santa Ana River Flood Control: Doyle Tustin Pride Committee: Worley/Doyle Upper Newport Bay Executive Cmte: Worley/Thomas Water Advisory Cmte of O.C.: Doyle NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS DOYLE: REPORTED ON SUCCESSFUL SANTA COP CASINO NIGHT FUNDRAISER HELD APRIL 24TH Action Agenda —City Council May 3, 1999 — Page 6 DOYLE: EXPRESSED SADNESS OVER. THE TERMINATION OF THE PAID CALL VOLUNTEER FIREFIGHTER PROGRAM AND COMMENDED THEIR IMMEASURABLE CONTRIBUTION TO THE COMMUNITY DURINGTHE-PAST 50 YEARS GAVE 'A STATUS REPORT' ON THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY POTTS: REQUESTED AGENDIZING ON MAY 17 THE LANDSCAPING AND WEED ABATEMENT PROBLEM ON NISSON ROAD REPORTED THE LUCKY CENTER PARKING LOT AT NEWPORT/FIRST WAS IN NEED OF REPAIR AND STAFF WAS IN THE PROCESS OF WORKING WITH THE OWNER TO REFURBISH THE LOT AND DISCUSS POSSIBLE REHABILITATION OF THE ENTIRE CENTER REQUESTED A STATUS REPORT BE AGENDIZED REGARDING THE TRAIL SYSTEM REPORTED THE TRANSPORTATION CORRIDOR AGENCY WOULD BE PROPOSING A $1.00 CHARGE FOR USE OF TRANSPONDERS - SALTARELLI: COMMENDED FOOTHILL HIGH SCHOOL FOR THEIR REMARKABLE ACADEMIC AND ATHLETIC ACHIEVEMENTS, PRAISED-THE TUSTIN UNIFIED MIDDLE AND ELEMENTARY SCHOOLS, AND CONGRATULATED , THE GRADUATING SENIOR CLASSES THOMAS: . REMARKED ON THE NUMBER OF TALENTED STUDENTS IN THE TUSTIN UNIFIED SCHOOL DISTRICT WHO RECEIVE LOCAL, STATE.AND NATIONAL RECOGNITION STATED ONE OF THE ASPECTS OF BEING *A' COUNCILMEMBER A- COUNCILMEMBER THAT HE ENJOYED MOST WAS CONTACT WITH THE CITY'S- YOUTH AND EXPOSURE. TO THEIR VARIED ACCOMPLISHMENTS, AND ENCOURAGED PARENTS TO HAVE MEANINGFUL DIALOGUE WITH THEIR CHILDREN TO HOPEFULLY PREVENT TRAGEDIES SUCH AS THE ONE THAT OCCURRED IN LITTLETON, COLORADO WORLEY: REPORTED THAT WHEN DISCUSSING THE LITTLETON TRAGEDY WITH HER SON, .SHE WAS AMAZED TO LEARN OF HIS KNOWLEDGE AND CURIOSITY REGARDING WEAPONS Action Agenda —City Council May 3, 1999— Page 7 WORLEY: REPORTED A GOLF TOURNAMENT SUPPORTING ,THE TUSTIN COMMUNITY FOUNDATION WOULD BEHELD MAY 11 AT THE TUSTIN RANCH GOLF CLUB; AND THE "GOLF FOR KIDS SAKE" GOLF CLASSIC SUPPORTING THE BOYS AND GIRLS CLUB WOULD. BE HELD ON JUNE IST AT THE TUSTIN RANCH GOLF CLUB REITERATED THE NEED TO PROVIDE SPORT FIELD LIGHTINGAT PIONEER MIDDLE SCHOOL ANNOUNCED CLOSED SESSION - The City Council shali convene in closed session to confer with the City Attorney regarding pending litigation to which the City is a party, Pashalides v. .City of Tustin, -et.al., OCSC Case No. 801875= 10:45 P.M. ADJOURNMENT - .The next regular meeting 'of the City Council is scheduled for Monday, May 17, 1999, at 7:00. p.m. in the Council Chamber at 300 Centennial Way. Action Agenda— City Council May 3, 1999— Page 8 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY MAY 3, 1999 10:45 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED 1. APPROVAL OF• MINUTES — APRIL 19, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of April 19, 1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $216,193.68. NONE OTHER BUSINESS NONE CLOSED SESSION - None 10:45 P.M. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, May 17, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda—Redevelopment Agency May 3, 19 99—Page 'I