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HomeMy WebLinkAbout02-22-99 PC PACKET AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 22- 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jones 1 1 INVOCATION: Commissioner Dav rt 1 ROLL CALL: Chairperson P nti u , Browne, Dav rk, Jones, Kozak R PUBLIC CONCERNS: Limited to 3 minutes r person for items not on theagenda.) At this time members f the public m8y :address the Commission regard in any items not on. the agenda and within the subject matter jurisdiction of th a Commission N action. can be taken off-agenda items unless aruthrid b law). 1 IF YOU WISH TO ADDRESS THE COMMISSION N ANY MATTER, PLEASE FILL OUT ONE bF THE CARDS LOCATED - N THE SPEAKER'S TABLE ;S THAT YOUR . REMARKS N THE TAPE :RECORDING F THE MEETING CAN- BE ATTRIBUTED TO. YOU. 1J HEN'YOU ~START T .. ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE REPRD. 1 IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE'PLANNING COMMISSI N,SECRETARY AT (714) 573-3106. . x CONSENT CALENDAR:AR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR r ARE CONSIDERED ROUTINE AND WILL BIS 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 UEST SPECIFIC ITEMS TO BE' DISCUSSED AND/OR REMOVED +I FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. . 5. A f 1 1 • Planning Commission ion Agenda February 22, 1999 Page 2 5 y . fi CONSENT CALENDAR: 1. Minutes of the February ,1999 Planning Commission Meeting. _ PUBLIC HEARINGS: . . Conditional Use Permit 98407 and Design Review -007 a request to construct a 1,472 square foot drive-through oil change facility with three work bays and indoor outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District C-1 zoning district. APPLICANT: EZ Lube Michael J. Dobson • PROPERTY OWNER: KC o13 Partners, LLC Tim O'Brien Recommendation + That the Planning Commission continue the public hearing for this project + until march 22, 1999. S 3. General Plan Amendment 99-001 and Zone Change 9-001 a request to amend the General Plan Land Use Designation for an 8,923 square foot abandoned Caltrans parcel frorn-Transportation to High Density Residential idential and amend the zoning district from Unclassified U to Planned Development (PD). The project is located at 15500 Tustin Village Way within the Unclassified U zoning district. APPLICANT/ NMR. ELMER TIEDJE PROPERTY TUSTIN VILLAGE WAY COMMUNITY OWNER: ASSOCIATION Recommendation 1. That the Planning Commission adopt Resolution olution leo. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Pian Amendment 99-091 and Zone Change 99-001; and, 2. That the Planning Commission adopt Resolution No. 3654 _ recommending that the City Council approve General Plan * �i Amendment 99-001 and Zone Change 99-001. R Presentation: Bradley Evanson, Assistant Planner i I . I Planning Commission Agenda February 22, 1999 ; Page 3 I r I I . Conditional Use Permit 98,,031 a request for theon-site sale`of:beer and gine F (ABC License Type '141") foron-site consumption in conjun6tion with a news restaurant. The project Is located at 658 EI din Real within the C-2, P Central Commercial District, Parking Overlay District. ' APPLICANT: AKI'RA TAKASH16 HONDAYA CORPORATION PROPERTY WI.LLIAM ZAPPAS OWNER: EL CAMINO PLAZA Recommendation That the Planning Commission adopt Resolution filo.; 3658 approving Conditional Use Permit 98-031. ' } Presentation: k Justina ll ill ren Conditional use Permit 9 ,-029 ar request for, theon-site ;sale of alcoholic - beverages (AICD License Type '47") in conjunction with a new, restaurant. The project is located at 14131' Red Hill Avenue within the Retail Commercial C-1 10,000) zoning district. APPLICANT P Ro P E RTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution# No. 3655 approving Conditional Use Permit 98-029. ' Prsenttin: Lori Ludi f Associate Planner REGULAR BUSINESS: f . . Status Reports Presentation: r Plana. Karen Peterson, tin Senior r Plen.ning Commission Agenda February 22, 1999 Page 4 _ STAFF CONCERNS: } . Report on Actions taken at the FebruaEy 16, 1999 Citv Council Meetin Presentation: Elizabeth A.,Bin aek, C rnrnunity Develop ment Director COMMISSION CONCERNS: ADJOURNMENT. { A regular meeting of the Planning Commission ion ill be held on March 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. - i F f1 k - 4 I * t i i t ITEM 1 . { , MINUTES TUSTIN PLANNING COMMISSION • ,REGULAR MEETING - ' FEBRUARY 8, 1999 i 5 4 CALL TO ORDER: - :.90 p.m., City Council.Chambers FLEDGE OF ALLEGIANCE: Vice Chair Kozak { INVOCATION: Commissioner Browne ROLL CALL: Chairperson Pontiours, Browne, Davert, Jones, Kozak Comm' issi nets: _ Present: Vice Chair Kozak i Browne Dart Jones { Abse hte. Chairperson P ntieus Staff: Elizabeth A. BingaE , Director Lois Bobak, Deputy City Attorney Karen Peterson, Acting senior Planner Douglas,Anderson, Traffic Engineer llinoo Ashabi, Assistant Planner Kathy Martin, Recording Secretary . N i r PUBLIC CONCERNS: (Limited to 3 minutes per person for items net on the agenda.) ' o Public Concerns were expressed. + i IF YOU REQUIRE UIF E SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION,SECETAR T (714) 573-31,06. S CONSENT T CALE [C AR:- {ALL MATTERS LISTED UNDER CONS-ENT CALENDAR ARE CONSIDERED SIDEF ED ROUTINE AND WILL BE ENACTED BY ONE TION. THERE ' WILL BE ANO SEPARATE - DISCUSSION OF THESE ITEMS PRIOR I TO THE TIME OF THE VOTING ON THE MOTION N UNLESS MEMBERS OF THE ' COMMISSION', STAFF OR -PUBLIC F E L1EST F SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED ED r Planning Commission Minutes i February 1999 Page 2. FROM- THE CONSENT SEf T CALENDAR FOR SEPARATE ACTIO[ -. CONSENT CALENDAR: 1. Minutes ofthe..January 25, 1999 Planning C6mmissl n Meeting.. Commissioner Davert moved Commissioner Jones seconded, to approve the { Consent Calendar.. Motion carried - . PUBLIC HEARINGS: 2. Conditional Use Permit 98nO26 a request to establish ar medical office in an existing structure. The project is located at 500, S. C Street within the Multiple i Family Residential R-3 zoning district. _. APPLICANT: BE if ETT ARCHITECTS . GREGORY BE NETT F t. P Flo P E ITY . OWN Efts. � , ALEX AND MARIA GAOL T Recommendation ommendation That the Planning Commission, either: 1 Adopt Resolution No. 3656 approving Conditional Use Permit 98-026; or,. 2 'Adopt Resolution No. 3657 extending the Temporary Use Permit for 30 days and continue this item. Minoo Ashahi presented the subject report. Commissioner Browne inquired if hazardous material issues were addressed. . l linoo responded that the conditional permit addresses the issue of. hazardous materials. Commissioner Davert asked staff if the application was considered complete. The Director responded affirmatively. . Commissioner Davert noted that he viewed a specimen pick-up box on the perch and asked if staff could require the applicant to get approval from the health care agency. Leis Bohal , Deputy City Attorney, suggested that a condition be added that the -applicant shall comply w.ith-Orange County Health Care Agency br applicable regulatory agency conditions and failure to comply would be grounds for revocation. i I Planning Commission Minutes February 8, 1999 Page 3 The Director stated that the use 'is regulated by the state and noted that if the- health care -agency were a -reviewing body they would be consulted. The Director recommended the addition of condition 2. to read as follo ►rs: "lf required, the plan and operations shall be reviewed and approved by the orange County Health care Agency and applicable-state agencies. The applicant shall comply with any conditions ' set forth by the applicable agencies or this approval shall be subject to revocation.T' Vice chair Kozak suggested that the state also be included in the condition. Commissioner Jones inquired if staff received the later of consent. 5 ' Daren Peterson responded that staff executed the agreement with the best information. that was available and will need to follow-up with the applicant to obtain a current titre report and insurance information. Lois Bobak noted the date of the letter had passed. Vice chair Kozak proposed a Modification to condition 1.8 by deleting "or before#r. The Public Hearing opened at 7.- 11 p.m. Greg Bennett, applicant, stated his appreciation for staff's work and noted that the project was good for'01d Torn. He.also asked the tenant if they were comfortable with the hours of operation shorn in the staff report. . Vic e chair Kozak asked the applicant if they were in agreement with conditions 1.6, 1.3 and 2.5 and the remainder of the conditions. ' Greg Bennett, stated that he represents the property owner and the tenant should be held to the conditions. The Director noted that if the tenant does not comply, the-property owner would be held responsible. i - Greg Bennett stated that he did not believe that the county or Mate regulat bio- hazardous medical.waste. Dr. Thomas: tenant, stated that the lab box on the porch is locked and she employs a company to dispose of the bio-hazardous waste. Vice chair Kozak asked the tenant if they understand the conditions. Dr. Thomas responded affirmatively. i LL Commissioner Davert asked why the business was opened without the benefit of permits and noted that he received a phone call from a member of the Cultural Resources Advisory Committee that was concerned about the proposal'. } y Planning Commission sion Minutes February 8, 1999 4 Page .f The {Director noted that similar to these circumstances weddings were conducted ,at St yens square also-without permits; while staff does not want to be in .the position of evicting businesses, staff must ensure buildings and tenant improvements--are safe and in compliance with the Uniform Building Code. She further stated that. the project was kesources not forwarded to the Cultural Advisory Committee because the project was not considered controversial because the parking demands are met. Commissioner sioner Davert inquired about the rating of the structure and if a Certificate of Appropriateness had.been obtained: {The Director responded that the structure was `'Arated and staff would be issuing Certificate of Appropriateness. - The Public Hearing closed at 7:22 p.m. N Commissioner Davert noted that the facility is beautiful, welcomed Dr. Thomas and her staff to Tustin and recommended the conditional 'use -permit be approved, with' the noted amendments. Commissioner Tones noted that he also thought the project was good and g complimented staff for their work. - - - F Condition 1.6 was revised with the addition of the following: "in addition to any other enforcement action costs, the applicant shall pay the City $2,000.00 to offset the costs related to enforcement. Said payment shall be made within seven days from the date of this approval. If payment is not made within seven- {days, this-approval shall . be null and void.,, Condition 1.8 weras revised as follows: in the first sentence delete or before" r Commissioner!ones moved. Commissioner Davert seconded,, to adopt Resolution olution [o. :36 6, as reprised, approving Conditional f Use Permit -026. Motion carried 4-0. . Conditional Use Permit 98ftO29 a request for-on-site sale of alcoholic beverages (ABC License Type "47") in conjunction with a new, restaurant.., The project is located at 1 131 Red Hill Avenue within the C-1 (10,000) zoning district. APPLICANT/ LANKY SMITH . PROPERTY TY - OWNEi s RED HILL RESTAURANT, 1 C. Planning Commission Minutes . February 1999 i Page Recommendation That the Planning Cori mission adopt Resolution No. 3655 approving Conditional Use Permit -029. Daren Peterson presented the subject report. Commissioner Davert noted that the applicants attorney ave correspondence to staff and the Commission and the hearing should he continued to allow staff and the Corr mission time to review the ppIicant's correspondence. Michael Cho applicant's attorney, apologized for the lateness of his correspondence and noted that the applicant wished to proceed tonight. . ice Chair Kozak stated the Commission needs the{benefit of the LCity Attorney and city staff s revi ew of the submitted correspondence. Commissioner Tones suggested that the applicant meet with City staff prior to the next Planning Commission meeting. - Commissioner Jones moved Commissioner Davert seconded, to continue the - f hearing to the February 22, 1999 Planning Commission Meeting to allow staff and the applicant the opportunity to discuss conditions of approval. Motion carried , REGULAR USI [ESS: STAFF CONCERNS: 4. Report on Actions taken at the Fe rua!yj, 99 City Council Meetig Elizabeth A. Bin ac , Community Development Director presented the subject report. Commissioner f arvert moved Commissioner Jones seconded, to receive and fie. Motion carried 4-0. 5 t I COMMISSION CONCERNS: Commissioner Browne Thant ed'staff for their professionalism in dealing with dev lopment projects. Planning Commission Minutes February 8, 1999 Page.6 - l Commissioner Daren Y . - Noted that Commissioners Browne and Jones 'Were featured in local newspaper articles. - footed that he attended a .JCI forum on ri a in orange C,ounty and that Tustin is doing well. Commissioner Jones . Noted,the,presence of graffiti on the Tustin self Service storage building. Thanked staff for their patience in working with the applicant on Soo tic:, } street. 4 Commissioner Kozak r Thanked staff for their worl . - Noted that the left turn lane arrow was out:at the Holt and Irvine Boulevard intersection. �r Commissioner v rt moved,, Commissioner Browne, to adjourn the meeting at 7:36 p.m. Motion carried 4,0. i regular meeting of the Planning Commission will be held on February 22, 1999 beginning at :00 p.m., City Council Chambers, Soo Centennial Way, Tustin. f r f --y ` 5 r f le ort the - Planning. Com-missi.on I DATE. FEBRUARY 22, 1999 S SUBJECT: CONDITIONAL USE PERMIT 98-007 DESIGN REVIEW 98,007 APPLICANT: E LUBE MICHAEL J. D BS N 1601 DOVE STREET, SUITE 230 NEWPORT RT BEACH, CA 92660 - PROPERTY OWNER: ADB PARTNERS, LLD ' T1 'BRIEN 425 30 STREET, SUITE 1 NEWPORT BEACH, DA 92663 LOCATION: 12972 NEWPORT AVENUE 4ZONING: RETAIL COMMERCIAL DISTRICT (C-1); TOWN CENTER REDEVELOPMENT PROJECT AREA ENVIRONMENTAL STATUS: THIS PROJECT Is STATUTORILY EXEMPT PURSUANT T j SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) THE CALIFORNIA ENVIRONMENTAL QUALITY,ACT. REQUEST:UEST: AUTH. RI ATI N TO CONSTRUCT A 1;472 SQUARE FOOT DRIVEwTHROUGH OIL CHANGE FACILITY WITH THREE WORK BAYS AND INDOOR/OUTDOOR WAITING AREAS. RECOMMENDATION That the Planning Commission continue the public hearing for this project until March h 22, 1999. PROJECT DESCRIPTION Conditional Use Permit CUP 98-007 and Design Review 9 - are requests t construct a 1,472 square foot drive through oil change facility with three service bays. w The property is located at 12972 Newport Avenue on the northeast corner of Newport Planning Commission Report Appeal of CCP 9 -007 & DR 99-007 March 2 , ' 999 Page Avenue and Old Irvine Boulevaid. The property is located within the Rail Commercial (C-1) Zoning District. On October 2 , 199 , the Planning Commission denied CUP 98-007 and DR 98-007. On fo mbor 2, 1998 the applicant appealed the Planning Commission's decision. The applicant agreed to continuo the appeal hearing before the City Council until January 19, 1999. On January 19, 1999, the City Council remanded the project back to the Planning Commission to review and consider a. revised site plan that the applicant submitted at the City Council meeting. Staff provided notice of a public hearing before the Planning Commission on February 22, 1999. The applicant has requested a continuance until March 22, 1999. Therefore, staff recommends that the Planning Commission continuo Conditional Use Permit 98-007 and Design Review 98-007 to the March 22, 1999 meeting. Elizabeth A. binsack, . Director-, Community Development Pcreportslcup 8007poroport3.doe i ITEM 'k leport to the Planning DATE* FEBRUARY22, 1999. SUBJECT: PUBLIC HEARING FOR GENERAL PLAN AMENbMENT 99-001 AND ZONE CHANGE 99-001 APPLICAlT ' PROPERTY OWNER: MR. E LM E R TI EDd E TUSTIN VILLAGE COMMUNITY ASSOCIATION 15500 TUSTIN VILLAGE WAY,#119 TUSTIN, CA 92780 LOCATION: 15500 TUSTIN VILLAGE WAY ' OILING: UNCLASSIFIED(U) ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN!' PREPARED IN CONFORMANCE WITH THE CALIFORNIA , ENVIRONMENTAL N1 IEI TAL � QUALITY ACT EDEA . x RE UEST: AUTHORIZATION TO AMEND THE. GENERAL PLAN LAND USE DESIGNATION FOR AN 81923 SQUARE. FOOT ABANDONED CALTRANS PARCEL FROM TRANSPORTATION TO HIGH DENSITY RESIDENTIAL L AND AMEND. THE ZONING DISTRICT FROM UNCLASSIFIED U To PLANNED D EVELO PM ENT PD . RECOMMENDATION . 1. That the Planning Co.mmission adopt Resolution No. 3653 recommendinq,that the City Council certify a's adequate.the Negative Declaration for General Plan Amendment-99- 1 and Zone Change 99-001; and, , . That the Planning Commission adopt Resolution lution No. 3654 recommending'.that the City Council approve General Plan Amendment 99-001 and Zone Charge 99-001. BACKGROUNDAND DISCUSSION The 'Tustin pillage Townhcrnes community is ar 118 unit owner-occupied,[town home complex located at the southwest corner of the intersection of the 1-5 Santa Ana Freeway and the SR- Newport Freeway at 15500 Tustin pillage Way. 1n 1995, Caltrans cornplet d their work on the reconfgurati n,of the 1-5/S R- freeway i nterch ang e, and abandoned right-of- ay parcels that they no longer needed. The.applicant is requesting a Zone Change from Unclassified to Planned Development PD and an amendment of the General Plan Land Us' Designation from k Transportation to High Density Residential to allow for the. development f additional parking facilities and landscaped open space. A similar application was filed by the same applicant recently for a .5 acre abandoned right-of-way parcel directly south of the subject parcel, and %ryas approved by the City Council on January 19, 1999. Planning Commission Report Zone Change 99-901 February 22, 1909 Page 2 The 3,923 square foot subject parcel is irregularly shaped and is situated to the northeast of the Tustin Village Townhornes complex. The parcel abuts the Townhorne complex and is separated from the current freeway rig ht-of-way by a sound wall"(see Location Map). The Tustin Village Community Association purchased the subject parcel from Caltrans with the intent of paving a portion of the parcel for additional guest paring spaces and landscaping the remaining area. The city had the first option to acquire the parcel, but the City Engineer had found that there was no Oublic need for the parcel. To make use of the parcel, the Zoning District and General Plan Designation must be changed. Currently, the parcel is zoned "Unclassified" and is designated "Transportation" by the General Plan. This application would change the Zoning District t "Planned Developments' PD and change the General Plan Land Use Designation to "High Density Residential"(see Zone Change and General Plan Amendment Exhibits to Resolution No. 3654). These designations are consistent with the Zoning District and Land Use Designations of the Tustin Village Town hornes Com plex. Ido formal plans for any improvements on site have been submitted, however, accessory structures such as residential parking facilities are a permitted use within this Planned Development and future improvements would require approval of a Conditional Use Permit and building permits. Any other improvements would be subject to -applicable discretionary actions and conformance to deve Ioprnentstand ards.There are currently 118 units within the b.5 acre cornplex, and an increase in units would require an amendment to the District Regulations for the complex through the Conditional Use Process. The General Plan allowsifor a maximum density of 25 units per acre, or 162 units for this complex. As noted previously, no plans have been submitted, but the complex would be required to comply with all development standards for any expansion of the number of units within the cornple , and would be required to submit for and have approved a Conditional Use Permit and Design Review. ENVIRONMENTAL Attachment B is the Initial Study/Negative egative Declaration prepared for this project. Notice of the Negative Declaration, public comment period was provided from January 29, 1999, through February 19, 1999. No significant impacts were identified. Any potential impacts,would be related to the approval of future pr j ts. Al Br J. Ev son Caren Peterson Assista t Planner Acting Senior Planner . BE:c 9001 We or.ao Attachments. A- Location Map V'. _ B- legative Declaration Resolution Nos. 3653 and 3654 r I a h } ATTACHMENT A► _ F LOCATION MAP y • � I i !!! l i .i■ i � +M �.w f ■ LOCATION MAP _ Lr w' o cA ' M f f + f � 1 r t w ' 1 .%.4U9D LA14E 107 w O O x109 I 113 9 121 Aw 1 i1 1 Il` V.x ,�o �i , • 1 t,r 12 1 4► 0 wl wi 14 � r 1 ! vi— I _ tiSERRA LANE * : 11 • "� 1 a*a3 ;�__�..�__� _� r-- ------7#127 on VIA101 + 1 1 wail 1 .p viaki'ti I l 29 ... i r�ti14 SAY of-j1; f 1 133 at 11 Z1 3 �p *1p ry - 1 IEEE] do w VIA FLA NDERS 7 E' rca t dor + I �I-�--7'•'-���•-'ice � • COSTA MESA FREEWAY r NO • - S SCALE i ATTACHMENT B 4 INITIAL STUDY/NEGATIVE DECLARATION COMMMTY'DEVELOPMENT DEPARTMET 3 a r ra Way,, Tustin, CA_. 2. (714) 57 - . INITIAL A. BACKGROUND Project Title: General Plan Am ndr n 99-001 and Zone CIS n 99-001 Dead Agency: City of Tustin Soo Centennial Way - Tustin, California 92780 Lead Agency Contact Person: Brad Evanson Phone:.(714) 573-3118 x Project Location: 15500 Tustin'Village Way . Project Sponsor's Name e and Address: Tustin Village Community Association 1:5500 Tustin F Village Way#119 Tustin, CA 920 i General Plan Designation: Transportation Zoning Designation: Unclassified ri o"ect Description: Caltrans abandoned n 8,923,square foot parcel of;right-of--war adjacent to,the Tustin pillage Townhorne Com'l x. The Tustin iIlage Community Association has acquired the parcel and is pro'osing to incorporate It into their community. A General Plan.Amendment from Transportation to High Density Residential and a Zone Change frofn Unclassified U to Planned Development D are required to allow for r sid e ntlarl use of the parcel. } Surrounding Lyses: North: Caltrans Right-of-Way East: Caltrans i Int- f- a j South: Residential West: Residential Other public agencies whose approval is required: E] Orange County Fire Authority F-1 City of Iry ne, 0 Orange County Health Care Agency � City of Santa Ana [] South Coast Air Quality Management Orange County ENIA } District + F� Other 1 i I B. ENVIRONMENTAL FACTORS P N 1 I LLY AFFECTED The environmental factors checked below would be potentially affected by this ro`ect involving at least one impact that is a"Potentially Si gnificant Ing acf as indicated by the checklist in lection D below. -Land Use and Planni g 7Hazards FlPopulation and Housing []Noise F]Geolog'ical Problems F-]Public Services ]Water E]Utilities and Service Systems FlAir Quality FlAesthetics FITran'sportation &,Circulation nCultural Resources FIBiological Resources - [:]Recreation FlEnergy and Mineral.Resources - FlMandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: . I find that the proposed-project COULD NOT T have a significant effect on the environment, and a NEGATIVE DECLARATION Will be prepared. ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this ease because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a signs leant-eff eet on the environ ent, and an ENVIRONMENTAL IMPACT REPORT is required. F-1 I find that the proposed project MAY-have a sig f Leant effect on the environment, but at least one effect 1).has been adequately analyzed i D. ENVIRONMENTAL IMPACTS: F-1 y ially r�l �`analyses used: Potent vailab le for review art: City o tin onnnwai Significant . Development Department Potentially Unless Less than Significant Mitigation Significant rrtpa t Incorporated I spa l No.Impact 1. LAND USE & PLANNING- Would the proposal: i aConflict with general.pIan designation or zoning'? b Conflict with-applicable environmental ❑ ❑ ❑ pp or�rnental plans��polys . adopted by agencies with jurisdiction over the project? cBe incompatible with existincr land uses in the vicinity?- d) icinity.d Affect agricultural resources or operations, ❑ El Q0 Disrupt or divide the physical arrangement of an established community(including a lover-income or minority community)? El El El 0 . POPULATION&HOUSING--Would the proposal: a Cumulatively exceed official regional or local population projections? ❑ ❑ Q h Induce substantial growth in an area either directly or indirectly e.g.,through-projects in an undeveloped area _ or extension of major infrastructure) ] ❑ Displace existing housing,especially affordable housing? ❑ El El . GEOLOGIC PROBLEMS— Would ld the proposal,result in or expose people to potential impacts involving: Fault rupture? b Seismicround shaking? ❑ Q g g c eismicround failure including ? ❑ ❑ ❑ g � g l�quefaet��n. d eiche tsunami or volcanic hazard? ? ❑ ❑ e Landslides or mudflows? ❑ Erosion,.chanes in topography or unstable soil ❑ El conditions from excavation,grading,or fill? Subsidence of land? El 0 0 h ❑ 1:1 El Expansive soils. El 1:1 0 Unique geologic or physical features? El . WATER— Would the proposal result in: a Changes in absorption rates,drainage patterns,or the rate and amount of surface runoff? El El � b Exposure sure f people or property to water related hazards such as flooding`? 0 Q Q Discharge into surface waters or other alteration of surface water duality e.g. ,temperature,dissolved oxygen ��turbidity)? El Q El d Changes in the amount of surface water in any water . body? ❑ El ❑ 0 e hncr yes incurrents,or the course or direction of water movements? ❑ El i Potentially Significant Potentially Unless ; Less than Significant Mitigation I SignificantF Impact Incorporated 1111prct No I111 a t 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 loss of groundwater recharge capability? . ❑ ❑ ❑ Altered direction or rate of flow ofgroundwater? ❑ ❑ ❑ • h Impacts to groundwater quality? ❑ ❑ ❑ i Substantial reduction in the amount of groundwater otherwise available for public water supplies? ❑ ❑ ❑ AIR QUALI'T'Y— Would the proposal: Violate any air quality standard or contribute to an existingr projected air quality violation? El El El b Expose sensitive receptors to pollutants? ❑ ❑ El e Alter air movement,moisture,or temperature,or cause any change in climate? ❑ ❑ ❑ d Create objectionable odors` ❑ ❑ ❑ 0 . TRANSPORTATION& CIRCULATION—Would the proposal result in. Increased vehicle trips or traffic io congestion? 1:1 1:1 El � b Hazards to safety from design features e.g.,sharp curves or dangerous intersections) or incompatible uses e.g.,farm equipment) ❑ ❑ ❑ Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ d Insufficient parking capacity onsite or offsite'? El ❑ ❑ e Hazards or barriers for pedestrians orbicyclists? El El ❑ Z f Conflicts with adopted policies supporting alternative transportation e.g.bus turnouts,bicycle racks)? D. ❑ El Rail waterborne or air traffic impacts?, 3 p ts,, ❑ ❑ ❑ . BIOLOGICAL RESOURCES—Would the proposal result in impacts to; a Endangered,threatened or rare species or their habitats {including but not limited to plants, fish, insects, 4 animals,and birds? ❑ ❑ ❑ b) Locally designated species e.g.,heritage trees)? ❑ ❑ ❑ 0. Locally designated natural communities e.g.,oak forest,coastal habitat, etc. ❑ El ❑ d wetland habitat e.g.,marsh,riparian,and ver-al pool El El El e Wildlife dispersal or migration corridors? ❑ ❑ ❑ ENERGY& FERAL RESOURCES` Would the proposal; a Conflict with adopted energyconservation plans'? ❑ ❑ i ❑ b i Use nonrenewable resources n a wasteful and i inefficient manner? El El E] e Result in the loss of av ila ilit f a known mineral 4 resource that would be of future value to the region? Potentially Significant Potentially Unless Less than Significant Mitigation ire kart - mpact Incorporated Impact Aro Impa,., � 9. HAZARDS--- Would the proposal involve: a risk of accidental explosion or release of hazardousw substances(including,but not limited to,nil,pesticides, ehemi als,or'radiati n)? ❑ ❑ ❑ b Possible interference with emergency response plan or emergency evacuation plan? El El c The creation of any health hazard or potential health hazard? Exposure ofpeople to existing sources ofpoten ial health hu-ds' El ❑ ❑ Increased fire hazard in areas with flammable brush, . grass, or trees? El ❑ ❑ 10. NOISE—Would the proposal result in: a Increases in existing noise levels? El 1:1 ❑ b Exposure ofpeople to-severe noise levels? ❑ ❑ ❑ 11. PUBLIC SERVICES— Would the proposal have ars .. affect upon, or result in a needfor new or al ered government nmen services in any of the following areas: a dire protection? 0 b Police protection? - El El Elp ori. e Schools? El El ❑ d Maintenance f u' . . . ❑ ❑ ❑ i � public facilities, including roads? e Other veru ent services'. El El ❑ g 12. UTILITIES ITIES & SERVICE SYSTEMS—Would the proposal result in a needfor nein systems or supplies, or F substantial alterations to thefollowing utilities:. a Power or natural gas? E] ❑ ❑ b Communications systems? EJ ❑ EIe Local or regional water treatment r distribution facilities? ❑ ❑ ❑ d Sewer or septic tanks? ❑ 1:1 ❑ Storm water drainage? ❑ ❑ ❑ 0 f Solid,waste disposal? ❑ ❑ g Local or regional water supplies? ❑ ❑ ❑ 13. AESTHETICS—Would the proposal: , a Affect a scenic vista or-scenic highway? ❑ ❑ El b Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ e Create light or glare? k i i SI I I Potentially � Significant " Potentially Unless Less than Significant Mitigation Significant Im a l Incorporate Impact No Impact 14. CULTURAL RESOURCES—Would l thep ro osaP: �. a Disturb paleontological resources? ❑ ❑ ❑ z Disturb archaeological resources? ❑ ❑ ❑ Have the..potential to cause a physical charge which would affect unique ethnic cultural values? El ❑ El d Restrict existing religious or sacred uses within.the potential impact area? ❑ ❑ ❑ 1 . RECREATION W ?d the proposal: Increase the demand for neighborhood or regional parks or other recreational facilities? ❑ ❑ ❑ b Affect existing recreational opportunities? ❑ ❑ ❑ 16. MANDATORY OR FINDINGS of SIGNIFICANCE a Does the project have the potential to degrade the ~ quality of the envir mnent,substantially-reduc 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 im ortant examples of the major periods of California history or prehistory ❑ ❑ El b Does the project have the-potential to achieve short-term to the di advantage of long-term,environmental goals? ❑ El ❑ c Does the project have impact'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 ofpa t.projects,the effects ofother current projects,and the effects of probable future projects). - ❑ ❑ ❑ d does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? ❑ ❑ ❑ El EVALUATION of ENVIRONMENTAL IMPACTS F F Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D , above. 6 ATTACH ENT A .'EVALUATION-of ENVIRONMENTAL IMPACTS � GENERAL--PLAN AMENDMENT 99.001 AND ZONE CHANGE 99-001 } r Y ANALYSIS • r The proposed project involves amending the General Dian Land Use Designation and Zoning District of a 8,923 squ re­foot abandoned portion of Caltrans right-of-way. The proposed amendments would net create significant impacts. Any potential impacts would be associated with discretionary approval of future projects at the subject location, if . proposed. Additional environmental review and analysis would be conducted at the time that a spe iftc project is proposed to be implemented,in accordance wit.h the Tustin City bode and the California Environmental QualityAct. Since the proposed amendment is regulatory in nature, no potential impacts related to land use, planning, population, housing, geology,. water quality, air quality, transportation, circulation, biological resources, energy, or mineral resources, hazards noise ublic services, utilities, aesthetics, cultural resources, or recreation are.anticipat d. In addition, the proposed project does not have the potential to,de rade-the uali of the en rironment g t' nor achieve short-t ft environmental goals to the disadvantage of long-terra goals. The •amendment has no environmental effects which are individually-limited but cumulatively - µ considerable nor that'will cause substantial adverse direct or indirect effects. Source: Tustin,-City Code, Tustin General Ilan Millgati n 11 eni't ring Required: Norge required. BE c 9001negdec:doc 4 r 5 ■ r 7 5 i r I I RESOLUTION N . 3653 � 2 A RESOLUTION F THE PLANNING COMMISSl l F THE CITY OF T STIi , CALIFORNIA,IA, RED 11 ME 1DING THAT THE CITY COUNCIL OF THE CITY OF TUSTI I CERTIFY THE FINAL NEGATIVE E DECLARATION AS � ADEQUATE FOR "GENERAL 4 PLAN AMENDMENT 99-001 AND ZONE CHANGE 99-001 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 6 The Planning Commission of the City of Tustin does hereby resolve as follows} 7 r I. The Planning Commission finds and determines as follows: A. That General Plan Amendment 99-001 and Zo.ne Change 99-001 are considered "projects" pursuant 'to the term's of the California, Environmental QualityAct; and y 5 B. A Negative Declaration has been prepared for this project and has been distributed for publid review. 12 C. Wherea , the City Engineer has determined that-there is no public 13 need for the subject parcel. 4 14 D. Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development i 15 Director and other interested parties with respect to the subject [Negative Declaration. 1 E. The Planning Commission has evaluated theproposed final 17 Negative Declaration and determined that the project is regulatory � in nature and therefore, would not have significant effect on the 18 environment. When individual applications are submitted for consideration,independent environmental review will occur. 1 a II. A Final -Negative Declaration has been completed in compliance with CEQA and state guidelines. The Planning Commission has received an ,1 considered the information contained in the negative Declaration prior to recommending approval of the proposed project, and found that it T? adequately discussed the environmental effects of tine proposed project. Further,the Planning Commission finds the project involves n potential for an adverse effects, whether individually or cumulatively, on wildlife " ' !r-n act�ndrn related to the resources;and,therefore,mac es a De Minirnis p g '4 California State Department Fish and Carne Code section 711.4. 2 2 27 28 a 29 i 1 Resolution 3653 Page PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,held on the 22nd day of February, 1999, 4 5 r 6 LESLIE PCTIS Chairperson s 4 ELIZABETH A. BINSACK Planning Commission Secretary 10 11 , t STATE OF CALIFORNIA I.. COUNTY OF ORANGE 1# CITY OF TUSTII ■ 14 I, ELIZABETH A. BI N SACK,the undersigned, hereby certify that 1 a m the Planning 15 Commission Secretary of the City of Tustin, California: that Resolution n No. 3653 was duly passed and adopted at a regular meting of the Tustin Planning 16 Commission,held on the 22nd day of February: 1999. 1 i 1 20 F ELIZABETH A. BINSAC Planning Commission Sretary 21 24 25.�rt 6 27 r 2 i i I 1 RESOLUTION NO. 3054 � RESOLUTION" F THE PLANNING D lll'fmissi N OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL 4 i APPROVE GENERAL PLAIN AMENDMENT 99-001 AND ZONE CHANGE 99-001, AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM TRANSPORTATION TO HIGH DENSITY RESIDENTIAL AND CHANGING-TIME ZONING DISTRICT FROM I UNCLASSIFIED TO. PLANNED DEVELOPMENT PD) ON A 9,000 SQUARE FOOT ABANDONED PARCEL OF DALTI AINS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT . 15500 TUSTI1N VILLAGE WAY. i The Planning Commission does hereby resolve as follows: 10 1. The Planning Commission finds and determines as follows: 11A. That a proper application for General Plan Amendment 99001 and Zone change 99001 to amend the General Plan Land Use 12 Designarti d and Zoning District of a 9,000 square foot abandoned Caltrans right-of-way parcel located adjacent to the 1-5/SR-55 13 freeway interchange at 1 00*Tustin Village way, more specifically described as the Director's Deed recorded on September 2 , 1998 1 s.Instrument No. 19980649900 in the County of Orange. 1 . E. That a public hearing was duly called, noticed and held on said appiication on February 22, 1999 by the Planning Commission. 1 C, That the .proposed General Plan Amendment 99-001 and Zone 17 Change 99-001 are consistent with and implement the policies of the General Plan, in that: 18 19 1Policy 1.9 encourages the consolidation of unused parcels i to increase the opportunities for development and a redevelopment. The proposed amendments would allow an abandoned right-of-way parcel to be incorporated into an' I existing residential community. 22 2) Policy 5.8 encourages the improvement of edge treatments 2 between transportation rights-of-way r.. and residential developments. The proposed arnendrnnts would allow a 24 residential community the opportunity to redevelop an 25 abandoned freeway right-of-way parcel that is adjacent to their community. 26 D. Whereas, the City Engineer has determined tl4at there is no public 7 need for the subject parcel. ,I 28 E. That the proposed amendments ensure consistency between the General Plan and the Zoning Ordinance. 2 i Elution No.3654 Page 2 _ . F. A Negative Declaration has been prepared and recommended for certification for this project in accordance with'tha provisions of the 4 California E nvi ro nm e ntal QuaIity Act DEQA . 1[. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 99-001 and Zona Change 99-001, amending the General Plan Land Use Designation of the subject property from "Transportation" t "High ,Density Residential" and amending the 7 Zoning Designation of the subject parcel from "Unclassified" U t 18 "Planned Development" PD , as identified on ExhibitA attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a IQ regular meeting on the 22nd day of February, 1999. 11 1? } LESLIE A. P NTI US 1 _ Chairperson 14 ELIZABETH A. EINSA K 1' Planning Commission Secretary . I I7 18 STATE OF CALIFORNIA NIA COUNTY OF ORANGE 19 CITY OF TUSTIN 20 I, E.L IZAB ETH A. B INSAC K,the undersigned, hereby certify that I ani the Planning Commission. secretary of the City of Tustin, California; that Resolution No. 3654 21 was duly -passed and adopted at a regular meeting of the Tustin Planning Commission, held. n the 22nd day of February, 1999. y 24 ELIZABETH A. EINSACK Planning Commission Sr to r 2 2 27 2 29 _ 4 A µ I , + � I i - ZONING DISTRICT: `., PLANNED DEVELOPMENT D • GENERAL PLAN DESIGNATION: ' #� + HIGH DENsiTy RESIDENTIAL. 1 �I s + L'7 ti* 40 4 + * •tea� ;�4•.� =i *' / .7 ' ,Olt dl # 1* ~';tti'� f ate.+ r `ti` • r�f i i ` # t t t ti lk ■ �.4; t f +tri _T# 4 #� Im 4P �. i ! ■ e '## �•OL cy— i /W� "Flo!goo i Tim + 'fir ms ♦a qP sY_"F4 r • �` + - ti 'Aj •� #; f off X I+■�+ !� ; ti ** 7 fill 'Pie. 1piop ft 511 d1jaj 'D *11 i e #r4 ri4+ #� � ##{'4 + % Poo to No j'r f # ♦ •t ■ • r r Ic # � I�� �+•rpt t# t#+#-.I • *�■ ti 40 e • * r w t/ 4 i + � � ..yam I� � + 4 r ,410 1 ` + dp * :+#tom• / * `Ak Fu i y dp ` ■ a + r a * ; 'I ;t x Le 41 ' 0�re c 1 af�4' Zt' ' -� � THAT PORTION OF PARCEL, 1. IN THE CITY OF-TUSTIN, COUNTY OF ' ORANGE. STATE OF CALIFORNVL S DESCRIBED IN A DEED TO THE � STATE OF CALIFORNIA RECORDED ON NOVEMBER 16, 1953 IN BOOK r I 2614,PACE 13 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY 4L I RECORDER OF SAIR ORANGE COUNTY.LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE' *' BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THE CURVE DESCRIBED AS HAVING A RADIUS OF-828.00 FEET IN PARCEL 72564-1 OF ., I THE FINAL ORDER OF CONDEMNATION RECORDED ON MARCH 29.1996 IN DOCUMENT NO.19960159956 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID'ORANGE COUNTY. THENCE CONTINUING EASTERLY L. ALONG SID CURVE 57.11 FEET THROUGH A , CENTRAL ANGLE OF 3°57'07',THENCE NON-TANGENT TO SAID CURVE SOUTH 1364618' EAST 45.12 FEET TO THE BEGINNING OF A NON. TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS ' OF 801.33 FEET,A RADIAL TO SAID POINT BEARS NORTH 41616'56'EAST. I THENCE ALONG SIAD CURVE SOUTHEASTERLY AND SOUTHERLY 438.50 . FEET THROUGH A CENTRAL ANGLE OF 51°21'11' TO THAT CERTAIN COURSE DESCRIBED A "NORTM 49"10'02'WEST 215.33 FEET'IIN PARCEL + 4A OF THE FINAL ORDER OF CONDEMNATION RECORDED ON MAY 17, 1961 IN BOOK 5724,PAGE 681 OF OFFICIAL.RECORDS IN THE OFFICE OF EXHIBIT A T ,T E R E T4 THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND AS RESOLUTION DESCRIBED IN A DEED TO CHARLES M. PLUM AND MME H. PLUMS, RECORDED I SFE Y0.PAGE 597 OF FOR F M i , R I THE COF THS DU TREORDER OF SAID ORANGE i 1 ITEM l 'lep R o the s Iry e I P-lanning -Commission 4 ` R F DATE. FEBRUARY 2 ,`1999 x i 7 SUBJECT: CONDITIONAL USE PERMIT 93-031 F APPLICANT: AKIRA TAKASHI i HNDAA CORPORATION 566 EL CAMINO REAL TUSTIN,DA 92780 PROPERTY _ OWNER:. WILLIA l ZAPPAS El CAMINO PLAZA 3922 EMERALD iT RRANCE, DA 90503 LOCATION: 663 EL CAMINO REAL ZONING: C-2,.P (CENTRAL COMMERCIAL DISTRICT,PARKING _ OVERLAY DISTRICT) ENVIRONMENTAL IENTAL STATUS: THIS PROJECT Is' CATEGORICALLY EXEMPT (CLASS 1 PURSUANT TO SECTION 15301 OF THE �C LIF RC IA i ENVIRONMENTAL QUALITY ACT. F REQUEST: -AUTHORIZATION FOR THE ON-SITE SALE OF'BEER AND MINE (ABC LICENSE TYPE "41") FORON-SITE CONSUMPTION IN CONJUNCTION WITH A NEW RESTAURANT. r { r RECOMMENDATION I i That the Planning :Commissl n adopt Resolution No.. 3653 approving Conditional Use. Permit 93-031. Pr9ject Dasri10n The -applicant is requesting authariatin to obtain a license for the do-site sale of beer and w�r�e (AB� liense' T "41" in conj1 unction with a new restaurant l orated at 658 E YIDe 4w Camino Real. Alcoholic-beveraa sales establishments are permittedI ire association with '' a restaurant use subject to the approvaI of a Conditional Use Permit. The applicant is not 4 Planning i io i Report CUP,98-031 February 22, 1999 Page proplosing any outdoorseating. located in a commerciial (EI Camino Plaza) where 519 parking spaces are prv" pronumberof t , for c h the Tust'in City c ,,I the Planning ion authorize int use parkling for, cornmiercial centers, of more, than 30,000 square feet, subject to approval of a Conditional Use Permit. Site an,d i' The proposed restaurant, ill be locatedwithin , fbet,tenant space i the El Camino PlazaShoppingCenter. 'i's surroundedcommercial commercialthe east,, ial uses to, the north, I i ] uses to the, west, and office, e end Interstate 1 south. Park"ing Reg u 11 The allocatedparking i lz n would be it h ) seats in accordance with T'CC Section which9223b(6), requires one (1) parkingspace for every ,., However,, a total o fort,y nig seatsare parkinglysis was prepared in accolrdance withSection ,9271 Tustin City Code JCC) which provides for preparationfi skin studies determine yin if there 'I's, sufficient parking capacity f6r existing and' proposing uses (Attachment B). The City Engineering Division reviewed the analysis and conicluideld that the proposed 49-seat it could be accommodated in the exi'sting parking lobi v n the existing proposed uses. The study found that a maximurnyinutilizeld during Staff has reviewed the proposed use for, conformance with the City's Alcohol Beverage SalesEstablishment Guidelines , lic l ing Code regulations. Issues,that are relevant to,the applicant , o ill . Location: The, applicantpoi til beer and wine -spit onion. The on-site consumption of alclac beverages, " *ntended to be in conjunction deliveryw1th eattng a meal on the premises. Alcoholic, bevierages, sold in conjunction with constitute ,in r Section 9233('1C)(v)(1) of h nli ' minimurn dis��anice from x tin -sits est b i e u Sit les lco ,11 r� conjunction i � . 's iDeva 'slocated *is less than 600 feet from the restaurant. 1. A F { { Planning Commission Deport CUP -03'1 February 22' 1999 Page 3 { k Therefore, off- ite sales of alcohol is not permitted at this location. condition Number 2.1 has been. included to prohibit. the sale of beer and wine for consumption off the premises, 1 2. Hours of operation: The proposed business hours are 11:00 a.m. to 12:00 midnight. F d prepared at the site will be available during all ,hours of operation. These hours are compatible with the surrounding uses in that the subject restaurant is located along a commercial corridor with similar uses and hours of operation. 3. Servinq Beer and Wine, Consistent with the guidelines, Conditions have been included re uirin that beer and wine be served only in conjunction with food service, and that al[ persons s.erving beer and wine shaII be eighteen 1 years of age or older and supervised by someone twenty-one 21)years of aa or older. r , A copy of thepplication and plans:for conditional Use Permit 98-031-,was distributed to the Community Redevelopment nt staff and other city Departments. The site is located within the Town Center Redevelopment ent Project Area. No concerns were noted by the other departments. conditions reco'mmende' d by City's Alcoholics Beverage Sales Establishment Guidelines, are included to mitigate concerns related t6 theon-site sale a nd consurnption of-be r and wine in,conjunction with this restaurant. ANALYSIS SIS .F In determining whetherto approve the Conditional lase Perm it, the Planning.Comm!ssion a must determine whether or not the proposed use will be detrimental to ;the health, safety, morals, comfort and general welfare of the persons residing in, or working in the neighborhood or whether it will be injurious or detrifn nta1_to property of improvements in the vicinity or to the welfare of the city. A decision to approve this request is supported by the foIlowing findings: 1 The- proposed use, as conditioned, will not be detrimental to surrounding properties or be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in orworking in the neighborhood in. that the proposed project, as conditioned, complies with,,adopted Planning Commission quid lines for alcoholic beverage sales establishments which have.!been established to mitigate potential impacts associated with the saile of alcohol in conjunction with restaurants. 1 Planning Commission Report CCP -031 February 2 # 1999 . Page 2 The hours and operations of the restaurant are appropriate and compatible with the surrounding uses-in that other restaurants in the vicinity are open during similar hours. 3 The proposed use, as conditioned, will not have negative effect on surrounding properties or be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City in that sufficient parking can be provided as evidenced by the parking analysis prepared for the project. Jus na Willker n Karen Peterson Associate Planner Acting Senior Planner Attachments: Location Map _ -Submitted Plans -_Parking study C-Alcoholic l eve,rage sales Guidelines Resolution No. 3658 IICOMM_DENALlA EDN Da- a I Date EP R-Rcup 8-oil.doc 5. } I r t r t i . LOCATI,.O:N MAPF - L �F r I r Y # , ` i J— I ] r } ' r r. t i , J� d � f FR _ R + ITIE . r . M l t 4 F-i Q- w fqj I • t STH STREET + �� ;;�_�_ �_�4i#��_� ���l�_�#iti#i�~i�__��#�iit�#4 # i4i~~ fWi #i i_ _i�f•�i_ ~i�_f 1 1 `� 1 r ' • t AND' 428 1 r 62 02 IY IRL YS i i a i 6 r 604 ! - UB 1 1 424 621 4001 i i 6 ` 32 t I o ' PLAZA • 0 evr 540 Ymin 642 642 6 � Y � F # r 692 653 ;85 - 4 Af4 LJ r encn crx '` ~■ # '` ## - 655 66 . ~. n n m m 40 %a ' r ' �■ �# r 30 40 446 �1 ii + IL. 17212=17288 r M� ` NO SCALE • Y } Y i INrAl AITH3V + ' ice• �a _� � CtI , a ` t + + i - a + - . ' + - i .la LJ En rn 4. i a , + - a + + F + 4 - - s 1 + 4 - +.i`•{541'4`55a+' . f;. • . � , � ' i i.4i,r,•,'i•444�+*+. Wo. Sq.Ft Te aat P1Elr� \ 1,800 �i&R Block CaMIRP, aza 600 . 2. 602 1,2M DOL[lin0'S FiZia ! �! 601 1.000 Marcel's Jewelry Loan r 610 600 Alteration Clenen 620 600 Best Hair Care 630 30,DOO Available { 632A 4,000 Atailabk [ 6lI 63213 2,000 Available f �. , ! ' , I • 't' 632C 2,000 National MoWg;e Center 638 3,240 Laxmi Sweet&and Spices J 640 1,5DD Baby Outlet I ! r 650 7 004 Tustin Health Spa i t I �' � 00 654 2, O Available ] , ' saa F L 65 000 Available 658 ••.2. i• !, 660 6DO Shoe Repair 662 606 TJ"s Submarine 664 6W 420 Inc• + J! j i,'• .�':x;° ',Y'. 4 r;�., �� y. n'. 668A GOD -Bavarian Baker} t��,•;�',''ti`.��''.ti�'R�}',' .��;, � _�: � 672 1,650 h"ICCii31Ie'S Lout]aC w----�----�1f{ � _ -..- te..-.7.'.- � rti = . ��•� b75- 825 tieel.'ValleRiml&-tate 679 825 Sf Diivin-School D0 Flair�'narnics44kt1■A re IF l II i;'� \y;`.��. r4.S'.�`, ,' `•.� .L, ,'r .�. . i J} ` ��ry i Lang Hai Chlnest Restaurant 1 I •�y(�/r 1 1: 694 1,2 Labor Labor Reaadv i iii.i i y 1•L S Ria�4 15•1 `•� 1�'��,, i! /l� r. l r 6882,040 LabRea4, cc ' M. _ LLQ �,�, '•.�.q }'k`�' �' 'r '+•��� 690 I0,4?7 Curtain Call Dinner Theatre , . ?� Avaa71e 692 ra JCL 694 563 #1 Nails 696 1,375 Re-Treads and Etc. LU 7002,000 A ailabk fir y 1 �r �R�r`.'s`'+ti ;ti`1ti R`°� `� »`.a'�'. ! •-� 706 Z200 g toI3C41e$[1i5 .��' .��. 708 750 Our Boutique Consignment .�.-�.:._ _. —LL 710 4,7soart•Time � EL CAMINO REAL 712 3,750' Vidauland LL 4"sue.0 ,.m Located on tlii_5 freeway,just -= l Camino �.1 1 Cantina Plaza - -- -------- Plaza south of the 5 and 55 intersection. El Cainirto Real&6th St. �,�- Situated in the absolute center '700 B F1 CaMino Real N _ Tustin,CA 92780 � of Orange County,California. (7 t4)838-5 808 ,•� FAX(714)505-M7 i so-.09. 1 •a�►ra 1 s 41 =� -,,•,Mwl•-r++�Y Gr wyv 7# —7,LC�d1�0�4.5+Gotir ` tr--rtiJrr 97G•—a llnotiLd��4M+1�'Ir17F�. T L+:�sl+t+Way Auiydw 10 ISS-- me . q op t4 1 v^oq V,vwgp-VA&F t6a" 1 I II.I�rylLtlf•,1.rWy � .i�Noa•�rw,r.Y ' ITS �tx•co�.t'---' •+r l� ••? � [LLI'L r+rt .. 0#LIL VD, 1-d �'I' • � � I � i•.•f � 7 Y t•L-• ;R'7 W� r-r*7-5 a a rt omw Ile Ails ;� "' .. �--�,. t« ,. rte" .J ���`: • 0�6 sort - 1 Isf .i41 Y wf a ... LAAVVA "m J. RI } tr�w��*;.isrw w r..lyA • ra to � I � � � �n. . 1 r■r www �... `R� ►._..� owl son i k . • owl —w�... IM r . , "•-" • T .. r~mn syn.-i DIM MCI lI r M 07T1MfYAi� �f wA "m ~+lt+W.of we 1 .ti+�T... • ;1oo 55 was �I' O-W f•IF w w { ; i i O :21 ' VM r+K -W � OlfiiYJ�1L + I i Val1•f i 11w1'�1�f t Fl+K++1+•�3 CQ I •-r" 'moi i i •••� �'� ^t �rlrr,q m wilun7 Q ra w i- �� - s, L► . .. .L3321Zg3 VJ.xI c — 4 w + F I 4 PA WPA- Traffi. Engineenng, TRANSiiiA . ` RTAnON ]ENGWEERING • F ' t ' January 1 2,.1 999 a ,+ RECE? • • r 3AN . 1999 lex. P eter Zapp . 200 El Canino Real, + - iCOMMUMITY L T Tus CA 280 .BY � SUBJECT. 658 EL CAMS G S7VD Y R + 1 Dear 1r.iappas:.. r + 1 This letter report-presents a report-presentparking analysis of the proposed restaurant-facility to be. located at 65 8 El Car no Real within the existing El Camino Plaza sho f center which.. pp � �s located oa the southwest corner of Canino Real and. "Street in the . _ 'CityTustin. These.analyses are based t y + upon discussions with Ci Staff`information. rovided .t � o field studies and paring counts,.and standard reference material. + a _ M - 4 f " r PROJECT DESCRIPTION, The proposed project is a restaurant which will' ccu 000 fee . , . q _uare t ofvacant rietm- 1 space within the El Camino Playa sho in -center. Figure I iliustrate thelocation i P g of the proposed suite within s 4the shopping center. used on the City of Tustin p ,rlig-codes, a restaurant occupying x2,000 SF . pig would be allowed to have a mlrn Of qlffiy(30)seats.-.'Aparldng variance is needed in order t f provide the proposed forty-r ime. seats. This would increase the Otypafldn � Bon r m - 1 aces(30.seats)to 1 .� spaces east . rt a , nr r � TACHM' ENT 'i a . - �2- . This study has been directed toward the evaluation of the adequacy of-the parkirig supply to accommodate existing-and future parking d mands. r. f �UVVG CONDITIONS f The existing uses wiffiin the FI Camino Plaza shoppi center were verified and are listed in Table 1 along with the!associated square footages. As shown in Table.1, here are a total of eight (8) vacant suites. The proposed project will'be located Wi • TABLE I � , PARKING DEMAND PIER CITY CODE-EL-CAMWO PLAZA —�. 658 El Cs o Real Parking Study ,; - ' i ?44M�VG'j :s Oil - � t 600 H&R Bloc 1.804 sf 11250 sf 7,2 , 602 Vacant • 6 1,200 sf 1/200 of 6.0 604 M=c s Jcwclry&L 1,000-sf 11200 sf 5.0 r • 4 - 610 1=;Won Clew= 600# - 1/200 sf 3.0- r � 620 Best H.air C= 6Wsf 11240 sf 3.0 ' 630 V&=t 30.000 sf 11200 sf 150.0, • 63 ZA � . " - 4.000 sf 11200 sf + 20.0- 632B" Board Sharp 2,004 sf 11200 sf 10.0 y S 6320 Na oul I ortpgc Ccmta i 2 040 If - 11250 sf &0 + r 638 T-2 Svc and Spt s 00 if 36. 1J3 seas 12.0 •' 640 Baby Oud a-Dr=Me Up M= 1.500 sf law sf 74 t 650 Tustin Hcdtb Spa Y 7,000 if 11200 s€ 35.066 . 654 Vicom' _ ,2.000 if 11200 if 20.0 - 656 Rcal Esmtc Ott 2.000 if 112h sf .. S.O. 658 Prop�wd Site-Vu= +Z040 5f 49 - 115 U= t 16 • . i 7 668 Ske 1R it .• 600 sf 11200 sf 3.0 662 r ?'s Sv srinc 600 if 12, 213 nuts 4.0 664 . 424 br. 604 if 11200s( 3.0 663 #` 600 3f 112D0 sf .1 3.0 668B- aant - 725 of .1 J200 sf 3.6 - 672 - mccruim's Lmmse' - r 1,650 sf 35 1/3 seas 11.7 674 Vacant - . 82,5 s 11200 sf 4.1 t 676 Del We R=1 Psut •825 sf 112,30 if t 3.3 678 A+Driving School, SU of 20 113 sum 6.7 - T 680 Hsis E�cs " 1.100 sf 11200 sf 5 682 r Lang Hai Chin Restau mm 1.375 sf 46 113 seats i 15 3 694 L2bcr P dy 1.240 sf 11230 sf` I- 5,0 688 LAbor Ready. - 2."0 if VZO if 8.2 690 curwIn Call T&=C 10,477 sf 300 113 scats 100 692 Beauty Salon 7T7 if - r 11200 if 3.9 i. 6 sal 1u 563 sf 11200 sf ,� 218 69 Re-Trams and Etc. 1.375 sf • 11204 sf 6. r. 900 -vacs ,2.000 sf i 11200 sf 10.0 ` 706 Bra=Clemim 7100 sf '11200 sf ,� 11.0 + 708 ., -CkwBbtdqm 750 sf - 11200 sf 710 Party T3.mc `* 4.750 sof _ 11200 sf F .3.8 71i 3.758 sf 11200 sf 18. .SPACES Lrj 72' GOA ss" M�4— TABLE 2 rt A PAREING DEMAND ANALYSIS `658 El Cameo.Real Pare Study + -- TO '� L. L.E.SPA CE (EV 7HE.CO UNTAREA) S1 9 CAUE 77HEPAkMW G .. -* A EWLABLE SPACES PARKZZVG DEMAND PER CODE , 3 7F �x� ger off`T ri 7 ,s .: ' t -Demand . . '. ' ' •i• .': 'air v Sum) r ' t ' L �� M (373SOS19 - (49 Se= E11:330AM 1 8 8 117 431 442 + 11:45 A 106 #- 1 - 413 -.412 dP3 12.00 PM 121 105 398 414 12.15 PM 136 94 183- F 425 1 7. - 12.3 0 PM . 126 93 393 426. 12.45 PM 123 .99 396 -420 4 F 1:00 Purl 128 12 ' 391 41 1:15 PM 116 101! 403 418 + 1:30 Puri -111 , +. 102' 397 417 74:00 PM117 127 402 392 4:15 PM 101 :.126 • 418. a 393 + 40-30 PM 113. 120` 406 399 4:45 PM 106 112 413 401 5.00 PM1 8 121 411 398 ' +5.15 Peri 109 "140 410 379 5.30 PILI 118 t 124 - 401 395 5.45 PM 111 121 F 408 _ 398 6. PM 132 • 120 387 399 + 6.15 PMLE4 146 • 377 373 3 + :30 PM 151 1,85 368 334 F' 6.45 PM 155 197 364 322 a + '7:� r i - 2 3 - 3I 1 '203 Spaces (1) ""Vacant Suites"does not include the proposed project suite. �F •r f, 1 a! Y• r + + USE CITYPAAMG CODE - . } i RETAM _ 1 Space Per 200 SE i• OFFICE I Space per 250 S RESTAURANT • I Space per 3 Seats 1 y } r iF ■ -Eased upon the City Parlang Code's listed above,a total of 558 am spaces would be - p � required for the endr-6 shopping center with the proposed project-And vacant suites occupied. Table 1 lists each land use'wi EI Camino Plaza shopping center along with-the appropriate parking code and number of p arng spaces required. As Mated earli e For convenience, the parking demand courts 'were translated to ,,"'RE . ING A VAMABLE SPACES ; o the remaining parking supply could be compared to the projectedparldng demand. 3 , Theo` recte demand reeds to account for-both the vac'ant suites in the stud area and the o � p .� posed restaurant. Seven suites in the El Camino Real shopping center, other than the proposed 658 location, are presently vacant~ These-suites total 37,350 SF,which would translate to a paridng demand of 186.7 spaces based on City code : The propoed pj ect ofa -seat restaurant would require 16.3 spaces r one space per three seats. The vacant suites and the proposed restaurant, therefore,result in a combined added parting demand of 203 pang spaces. - Table 2 shows that the-203 space demand can be adequately served.by the available supply of 318 spaces on Saturday evening and 357 spaces ora Friday evening. These are representative!of the ' "`worst case"peaks,as they are for i 5-minute period and assume a full ar in code for the vacant F P p suites at these particular des of the day, k -SUMMARY -The actual parking demand within the l Canino Plaza sh i .centerwasrobse-rved. This resulted p pp in documentation of the available arldn su : The projected ected 'ar�n demand of 203 (186.7 p g p y . p J g vacant suites and 16.3-proposed restaurant)wouldbe adequately served by the peak- arkn supply of 357 and 318 available spaces during a Fridayand Saturday evening,,respectively. . 4 L - r t w J Yk WPA Traffic Engi eeng, In c. 658 El Camino Real Parking Study Job #990020 City Of Tustin x • _ r =0 + we test that these analyses will be of assistance to you and the City of Tustin. If you have any questions or require additional information,please contact us. + Respectfully suhr tte , WPA TRAFFIC ENGEVE RING,17VC. t 000 M ' r y i t Weston S. Pringle,P.E. Registered professional engineer S tate o f California Numb ers C 1.6828 &T 565 4 r► r WPS.HN + + #990020 r _ I r SPA Tra `rc Engineenng.Inc. 658 El Camino- Real Parking Study Job #990020 City Of 'u in Camino Plaza � t V�N " - t ► i� M 672 MOB974 II� +I: _j T. I I CL � c l - PROJE • rwo .1T + '• 1 M4W dare f•� u)• tis •, r .. � f -� � 60Q X. I yLu 044 . ti \V ' . 1 �\\.\-\\\% y W V. LLF1 � ! •' �1i1� � ' '�ter• ! , 4 LL Lu 112 EL CREAL tfeal Was a►d ISIS E!Camino . Plaza PROJECT SLOCATION FIGURE J NQ SCALE; f ti r Y Camiho,.Plaza NNN \VT A own Big 074 Mike 6"' Tj, 13 rLLLUl rtu .. l l ` * t • 1 600 U) AV cc a. 06 ■ , '• r 1 i I NN;ti ` .1 C=LIW Mi ti 1 � -• _ i � • '._ _mss. .• - -- •_.___, • 0 r rc EL CAMINO REAL EI Camino Plaza N McFa"ckMn PARK FIGURE 2 LYC AR EAS ., NO SCALE • . ' . w Y ' • _. �y ,w._Y._+ •w•w�— - ••..•4.�.• �.w r._�• . r • • • -_• r•�M•.r���•�--.-�:--•moi•a ' � I 1 APPENDIX � " • i Y. a 5 4 Parkin CbuntData ; w rt t • a a 1 i f • + f y t J , f i i rt + Y F * 4 + + - F r L ti { t a { ;, 4 of El Camino Real and Sixth Stmt L Fart iday:January 86 - I F:January + - y _,ys are from 11:30 Alla to 1:30 P and 4:00 PM to!7:f o PM ote: Count by 15-mminifte intervals + r FLAY:JANUARY 8T",,1999 PARKZ7VG ARFAS-NUMBER OF PARKED CARS fY ` 1ME + c D E TA fi f 9 s. y a t- • a f dim .. - .a. :,. ... :,- 'a . . -. a_ai� 109 .. :. a. . .140 103 P Spaces .. ## + •Fig-+ar. * .. .. . • + ..# *• 3; t .+ 11.30 AM 1 F 28 4 88 11.45,Alla 11 1 33 106 + y n 12:00 PM 13 2 63 34 9 121 12:15 PM 15 2 73 36 10 136 - 12.30 PM} 16 2 64 32 12 126 ;�. 12.4 PIS 14 2 66 30 11 123 1:00 PIS - 19 2 _ 9 34 14 128 t + 1.15 PM 18 2. 51 32 13 116 a 1:30 PIIS- 18 2 55. 34 13 12 F _ r 4 4.00 PM -19 r 7 43 37 11 11 w - 4:15 Phi .+ 1 t 3 41 32 101 4.3 0 PIIS .20 3 52 33, - 113 } 4.45 Phi 20 2 43 34 . 7 106 • 5.00 Pah- 16 1 • 49 34,- 8 108 5.15 PIVD 1 1 I 7 109 5.30 PIS 20 1 52 37 a 8 118 5.45 PM 19 1 49 35 7 111 6.00 PM 20 1 51 48 12 132 i 6.15 PM 18 58 57 8 142 J 6.30 PM 22 1 - 2 .11 151 6.45 PIIS 1 #1 .62 65 9. .1 155 � 7;00 PIVD 19 1 .66 67 9 162 � orn r of El Canino Real and Sixth Street Time. Friday:January 81h Saturday: January 91h Both Days are from 11:30 Ali to 1:30 PM and 4:00 PM t :00 PM ■ F i Note: Count y 15-minute intervals } SATURDAY:JANUARY 91"; 1999 += ER OF PARKED C4RS TM _ A' • c D E TOTAL of est , . . .. -• 103 519 Paring Spaces '� •. = .. - =. - ';.�w'' i '. =-'_= • +.-. # *i i• 7 _ 11:30 AM 7 52 so7 117 4 ■ 4 rt 11.45 AM 8 48 40 • 10 107 * - 12.00 Puri 7 2 43 42 11 • 105 12:15 PM 8 2 47 27 10. 94 x 12:30 PM '10 44 31 8 93 F 12.45 PM9 0 40 • 42. '8 9 1.00 PM 10 0 45 41 6 2 1.15 PM 11 + 38 8 101 1.30 PM 14 45 35 8 142 4.00 Peri * l 1 1 53 52 10 12 3- v ! 4:15 PM i I l 42 60 12 126, 4.30 Phi 12 - 2 40 53 - 13 i 120 4.45 PM 12 ;2 31 55 12 112 5.00 PM 12 1 36 59 • 13 121 5.15 Psi 11 45 69 14 140 5.30 PM " 1 - I 4 • i 8 IS 124 5.45 PM l 1 42 60 7 121 6.00 Pllr 1 1 48 51 9 120 ■ 6.15 Pi 9 1 58' 70 8 146 3 -6.30 PM 9 i # 4 • 81 10 185 6.45 Phi 9 I 85 92 F 10 197 7.00 PM 11 1 86 93 10 201 } J i 1 a F � 1 RESOLUTION NO. 3366 102 7 A RESOLUTION OF THE PLANNING COMMISSIONC.ITY O " ABLI HIND. POLICY GUIDELINES TO B 31 FOLLOWED FOR CONSIDERATION OF ALCOHOLIC BEVERAGE'! SALES ESTABLiSHMENT APPLICATIONS. y r The Planning Cc .s lon f the Cityof Austin 5 a s follows: does hereby resolve r 1. The Planning COQ' s s ion f inds and determines as follows: That'certain guidelines shall be considered Y Ooxamun qty Development staff and the Planning Commi s i '� cnierir� on Then Conditional Use Permit applications for. alcoholic beverage sales establihments4. B. That certain staridardconditions. on it' � ions shall be require on ' - site alcoholic beverage sales establishments in conjunction with a restaurant use as All alcoholic beverages shall be consumed o ` �. Authorization f site. r oxo-site sales o beer and wine/liquor sales i ntingenton the use 1 subject site rem p e f the airing a restaurant. At such time ®4 the restaurant use is- discontinued the use 1 0 becomes null and void.,, permit r- All persons serving lcoholic beverages must be eighteen gears of ache or older and supervised perv�sed b 6 someone twenty-orae years of aye 'or older. � Supervisor shall bere ' p sent in. same area as point of sale. d 17 0 Hours Of operation are ' . �m�ted to the hours of a,M, to p.M, (hours are identified. ' I depending on the type _ f p operation) Food must be served during these hours. � the menuf the restaurant+ rant shall consist of foods that are prepared on the premises. 2 o outdoor seating o allowed t this location. No bar type seating is allowed. � 'he shall be no pool • p tables r coin operated 22 games on the premises at any time, O. That certain standard 2 rd conditions shall be required f off-site sales establishments as follows: 2 Authorization far Off-site' sales of ' bee , rir�e/l iuor is co r and 2 y contingent upon the use at the subject site remaining as (specificange or d use is identified here Should this use c be •i.s ont inued t authorization at ion for this use ' ' null and void. t permit �s All persons selling alcoholic bevera e g shall be .. trenty-one years of ageor der_ . /eSolutloll No. F } Page 2 _ t o Hours of operation are limited to the hours of. to (hour's are ident'lf ied depending n the type of operation) . "No Loitering" signs shall bd posted at the entrance of the business or -other spec if i ed locations . No pool table or coin operated games are allowed at' this Location. alcoholic beverages * shall be consumed on an property ad cent to the licensed ,premises under the control of the applicant, Refrigerated single-serving beverage containers shall be Located in an enclosed refrigeration unit no less than ten 10feet from the point of sale 10 and a minimum of f ive 5 feet from the sto e entrance. 11 0 No display, sale''-or distribution of beer or wine, wane coolers or similar alcohol.c beverag s shall 12 be made from an ice tub, barrel or similar container. 0 N sales or distribution .of alcoholic beverages . shall, be made from a drive-.up or walk-up-up indo r. All litter shall'be removed from the exterior areas '. around the premises including adjacent public sidewalk areas, and parking areas no less l frequently than once each day that the business is open. 16 o For establishments selling alcoholic beverages and 17 gasoline, no signs advertising alcoholic beverag4is may be visible from the exterior of the building on gasoline pumps or islands. is o Public telephones inside and adjacent to the 19 stablishxnent shall be modified to prevent in- coming calls., 20 . That certain standard conditions shall be required of on- site sales establishment's a ± ,lo s 122 0 5 All persons serving . alcoholic beverages shall be twenty-one gears of age or.` o leer. 23 0 "No Loitering" signs shall be posted at the entr e f the business or other specified location(s) . No pool tables or coin operted games are allowed 24 at this location. 0 No alcoholic beverages shall be consumed on any 5 . property adjacent to the licensed premises under 26 0 the control of the applicant. All litter shall be removed from the exterior area around the premises including adjacent public • sidewalkareas and parking areas no less frequently f than once each day that the business is open. i 5 /Ressolutioll No. 3366 pe 3 i Public telephones inside and ad ` ; �aer�t to the establishment shall be modified. to pr vent in-~ coming calls . M E. That each Conditional. . Use Perx" tti lica ~ on dor an alcoholic beverage sales establishIment shah. be reviewed, . based upon location and type of such establis ' hment, and consideration of the follo inuidel Ines 7 A determination that. hours of operation requested are appropriate for the use proposed and consideration to the proposed uses gelation to: • even 1 . Residential areas • 1 . Protected uses,- such as places� o worship• parks � - schools,~ hospitals, elrios, convalescent homes . Other similar uses'; selling or serving alcohol; P 12 F. lcohol - . The applicant shall sin and ' I2 � return Agreement to Conditions Imposed form which states that the agrees to all PPl�cant conditions imposed, the-pond"tions shall be 13 included on -the Mate issued' Alcoholic Beverage. license, and failure t comply with an o the foregoing � conditions steal ereo�n - be grounds for suspension n or re- vocation ion of the license_ AND PXOPTED by the Planning Commission of the City of 'Tust�.x� 1 ata regular meeting held on the 25th day of- September, 1 . 17 1 19 In is-e P z D ChaACAS ir son ALvEjk- 20 � - S 21 i 22 .� BARBARA • EYES .i 23 Recording Secretary 2 2 6 r RES LUTI N' N . 3658 RESOLUTION - F THE PLANNING COMMISSION F THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT '98-031 AUTHORIZING THE ESTABLISHMENT. OF A .RESTAURANT 1I ITHON-SITE BEER A lD WINE CONSUMPTION (ABC LICENSE TYPE 1) AT THE PROPERTY LOCATED AT, 658 EL CAMINO REAL. 4 The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 98-031, was.fired by Akira Takashio, requesting authorization to obtain a license for the on-site M1� consumption of beer and wine (ABC License Type "41") in conjunction with }{ a neer restaurant located'at 658 El Camino Real, Tustin. 5 { r B. That the proposed use is allowed within the central Commercial c-2: P Zoning District, with the.approval of a Conditional Use Permit. C. That a public hearing was duly called, nticed and held on said application on February 22, 1999 by the Planning Corr mission. } D. + That-the establishment, maintenance, and operation of the use applied for will not, under the circumstances. of this case, be detrimental to the health., safety, morals, comfort, or general welfare of the persons residing or working-in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the.subject property, nor to the. general welfare of the city. of Tustin as evidenced �y the following findings: 1 The proposed use, as conditioned, will +not be detrimental to surrounding properties or be detrimental- to the ihealth, safety, morals, comfort and general welfare of the persons residing in or iworking in the. neighborhood in that the proposed project, s' conditioned, complies with adopted Planning Commission guidelines for alcoholic beverage sales establishments which have been established to mitig;jte potential impacts associated with the sale 6f alcohol in conjunction with restaurants. 2 The hours and operations of the restaurant are appropriate and compatible with the surrounding uses in that other restaurants in the vicinity are open during similar hours. 3 The proposed use,. as conditioned, will not have a negative effect on . surrounding properties or be injurious or decd er"tal to property or improvements in the vicinity r to -the welfare of the city in that i ' e olution 3658 . F Page 2 F _ sufficient parking, can be provided as evidenced by the parking 0analysis prepared frthe project. CCS s E. That this ro'e t is Categorically Exempt from the requirements, of the California.Efivir nrriental' uality Act, pursuant to section 15301 (Class 1). 5 y F, r F. That the project has been reviewed for consistency with th.e Air Quality Sub- element of the City of Tustin General Plan. and has been" et rmined to be consistent with the Air Ouality Sub-element; i [1. The Planning Commission hereby- approves Conditional Use, Permit No. 98-031 authorizing the on-site consumption of beer and r ne (ABC License Type 'I in oniuntin with an existing retautant located at 658 El Camino Real subject to g 1 the conditions contained within E hibit A, attach ed.,h ereto. } �- PASSED AMD ADOPTED by the Planning-Commission of the pity of Tustin at a regular r. 10. meetingheld on the 22 day of February, 1,999. Y i 12 t 1 ' 4r 1 i _ LESLIE P I T[ lJS 1. Chai el�on + 1: - Y ELi ADETH-A. E1 1SACK is. Planning Commission Secretary 17 NATE OF CALIFORNIA + COUNTY of ORANGE 18 CITY of TUSTIN - f r 19 4 ELIZABETH A. EIISACK, the :undersigned# hereby certify that I lam the Planning Commission. Secretary of the Planning Commission of the City pf Tustin, California;: that 20 Resolution No. 13658 eras dulypassed and adopted at ular tin of the Tustin p � �re g meeting 1 Planning Car r issi n, held-on the 22nd day f February# 1999. ,t 22 23 ELIZABETH A. BINSACK 24 Planning Commission Secretary y 25 26 M 4 ice! I { 28 i ' f • F i EXHIBIT A • - REs LUTI N.1 '. 3868 CONDITIONS OF APPROVAL. - 40CONDITIONAL USE PERMIT 98-031 4 GENERAL 1 '1.1 The proposed project shall substantially conform with the submitted plans, data stamped February 22, 1999, on fila with the Community Development AD partm nt, as herein Fmodified-, r as i modified by the Director f a Community Development D partrn nt in accordance with}this Exhibit. r - 1 . 1. Conditional '�J . Permit approval shall become null and void unless an - Alcoholic Beverage Control License Type:" 1".is _obtained from ABC and the sale and consumption. of beer and wine commences within twelve- 12 r months of the date of this exhibit. Time t n i ns may be granted by the .s~ Community Development Department if a written request is received by the. i Community Development D partm nt Within -thirty $ days prior to expiration. 4 i (1) 1.3 Approval of Conditional,UsPermit 98-031 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as - established by the Director of Community Development. • (1) 1.4 Conditional' U e Permit 8-031 a tKoftes ADC License Type "41" for the on-site sale and consumption of beer and Ervine only. 4 (1) 1* The applicant shall hold harmless and defend' the City of Tustin from, all. claims-and liabilities arising out of a challenge,of the City's approval of this project. USE RESTRICTIONS (1) Alcoholic beverages. ma net be seared r consumed i outside of the restaurant, unless. a physical barrier is approved by the Community munity Development- Department and the Department f Alcoholic Beverage Control.prior to installation. SOURCE CODES 1STANDARD RD CONDITION RESPONSIBLE AGENCY . REQUIREMENT UIREMENT _ (2) CEQA MITIGATION, LrANDSC PING'GUIDEL.I ES (3) UNIFORM BUILDING C DE1s PC/CC POLICY (4) DESIGN REVIEW ''" EXCEPTION ` • '1 I a Exhibit A Resolution 3658 February-22, 1999 Page 2F i �oqrs 2. Hours of sales of beer and wine shall. be limited to the vhen food is available. Menu items shaill be avail ble in the restaiuraint during- business fours. (1) 2.3 Hours,of'operation-shall-be limited to 11 tOO a.m. to 12:00 midnight. (1) 14 The menu of the restaurant shall consist of foods that are prepared on the y a premises. (1) 2.5 Authorization for the on-site sales of 5beer and gine ABC License Type "41') is -contingent upon the use of the -subject premises remaining, a restaurant. Should -this. use change or'be discontinued, authorization for i. this use permit is null and void. a 1 a (1) 2.6. There-shall be no billiard.(fool) tables,-coin operated games, dancing or live entertainment on the prem iso at an -time. k (1) 2,7 All persons selling, alcoholic' beverages,shall be eighteen 1 years of age i or older and shall be supervised by someone twenty.on a 21 years of age or elder: -A supervisor shall be present in same area as point of sale. (1) 2.8 No outdoor stating 'shall -be perms ted unless separate Conditional Use a - Permit is approved pursuant to the current provision bf the Tustin. City Code. " (1) 2.9 No bar type seating other than the,sushi bar is allowed, a '- 2.1 "filo Loitering"signs shall be posted at the entrance of thy.business. . y i (1) . No alcoholic beverages shall be consumed on any property adjacent to the a licensed-premises under the control of the.applicant. (1) 2.1.2 All -litter:.shall be removed 'from the e t dor area around the premises including adjacent public sidewalk areas -and parking, areas no less i frequently tharn-once.each day that the business is open. (1) 2.13 Public telephones inside and adjacent to the a tabiishment shall be, modified to prevent in o in' g calls. } } a P a 2.14 A maximum of forty nine seats for the. restaurant. The total number of seats shall not be increased unless -Lthe property owner demonstrates through the submittal f parkingand land .use summary, or as otherwise 5 g 7 + a authorized b current provisions of the`Tustin City Code# that an adequate Exhibit A . Resolution 3658 . February 2, 1999 Page 3 number ofon-site parking spaces are available to accommodate additional! seaxng for the restaurant. A BUILDING DIVISION ' (1) 3.1 Plans shall comply with livable codes City Ordinances and t . �� t t he State and Federal lavers and regulations including: 1:994 Uniform'Building Code Frith-California Amendments; . 1,997 Uniform Mechanical and Plumbing Codes with California w _ 'Amendments; . . 0 1993 National Electrical Codes with California Arnendm nts- T-24 California-Disabled Access Regulations; T-24 California Energy Efficiency Standards; (1) 3.2 In complicince with the Uniform Building Code, applicant, designer, Architect or Engineer- must submit :four sets of building -plans to fhe . Building Division for review and approval prior to the issdan a of building, permit. (1) 3.3 In. compliance with the California Code of Regulations, Title 24, Part 2, Accessibility Standards, and prior to the plan check approval, the designer, architect or e ngineer, must provide designs for-accessibility for the physically challenged to the Building, Division for their review acid approval prior to the issuance of building.permit. (1) 3.4 In compliance with the Department of Ju tie (Office of the Attorney General) the designer;, architect or -engineers proposed, project must omply:with the American Disabilities Act (ADA). { 3.6 In compliance with the Tustin City Code, .Prior to the,issuance of a building t permit, the designer, architect or engineer shall submit plans to the Orange County Health iDepartrnent-for project approval; and shallubr, it the approved plans to the -City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FEES r (1) 4. Prior to issuance of any .building permits, payment shall be made, of all r applicable fees, including but.not limited 'to the following. Payment shall be 'required based upon those rtes= in. effect at the time. of payment and f are subject to change. i y a Building plan-check and permit fees to the Com munity DveIopmen*t Exhibit A ; Resolution 3658 February 22, 1999 Page 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 roost.current schedule. - (1) 4.2 Within forty eight hours of approval- of the subject project, the applicant shall deliver to the Community Development Department, cashier checl pay bre 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) hours period that applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any x interested party to challenge the environmental determination under the ` provisions of the California Environmental Quality Act could be } +� significantly lengthened. v \Ico n- DMVOL,� H RED\CDD-RDA\ DDS TIoN9-Ml.do } ITEM 45 1. epo rt, to the P Planning Com,mission DATE: FEBRUARY Y 2, '1999 SUBJECT: CONDITIONAL USE PERMIT 98029 APPLICANT/ a PROPERTY . OWNER: LARRY SMITH RED HILL RESTAURANT,ANT, INC. 14131 RED.HILL AVENUE r. TUSTI , CA 92780 .- LOCATION: 1+4131 FEED,HILL AVENUE ZONING: RETAIL COMMERCIAL.(Cml 101 Doo) a F ENVIRONMENTAL L { STATUS: THIS PROJECT Is CATEGORICALLY EXEMPT (CLASS 1 PURSUANT To SECTION '15301 of THE' CALIFORNIA NIA .-ENVIRONMENTAL ON ENTAL UALITY ACT. REQUEST:UEST: UT'H F IZATION FOR THE: ONwSITE SALE 'of ALCOHOLIC BEVERAGES (ADC LICENSE TYPE "47x') IN CONJUNCTION WITH A-NEW ISE ST'AU I ANT. i RECOMMENDATION ENDATION I That the Planning Commission adopt Resolution No,. 3655, approving Conditional Use Permit -029, .as. conditioned. if -conditions are modified, steff may alter the recommended action. ' Project Description . The applicant is requesting .authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC license Type " 'f 'iin con'unction with a neer .restaurant located at 14131 lied Hill Avenue (see Locatio'ni Map). Alcoholic beverage sales establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The applicant does not piupose any outdoor{ seating. r ' The ;applicant proposes to start a neer restaurant business at the location of a previous restaurant (Chuck's Steakhouse, established in 1970 . The-previous r staurant also sold alcoholic beverages for on-site consumption The previous tenant vacated the premises Planning Commission Report Conditional Use Permit -02 February 22, 1999 Page 2 i - several years ago and since then the building has remained vacant. The tri-level building is approximately 5',.000 square feet and located within the commercial center on the southwest corner of Red Hill Avenue and Caisson Road. Surrounding uses include a Stater Brothers grocery Store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the commercial center. The surrounding n iighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. Background r On February 8, 1999 the Planning Commission continued 'this item to allow the applicant the opportunity to meet with staff to discuss proposed modifications to the conditions of approval within Resolution olution 3655. St ff met with the applicant and the applicant's attorney on February 10, 1999 to discuss the project and the applicant's request for modification to proposed conditions of approval (see Attachment C . The applicant clarified his proposed operation as follows: Two dining-room areas are proposed on the main and upper floors. The upper dining room may close earlier than the cocktail bar. M 9 A cocktail lounge with 12 bar seats is proposed to be located on the lower level. The cocktail lounge may not be open during all business hours, i.e. lunch . 0 A cocktail/oyster bar,is proposed in the main floor dining room. • Five coin operated video games are proposed to be located within the main floor dining room. Two pool tables are proposed to be located within the main floor dining room. Live entertainment and public dancing is proposed to be located on the stage area within the cocktail lounge. The proposed hours of operation are 11:00 a.m. to 2:00 a.m., seven days a week. The restaurant hours are proposed to close at 1:00 a.m. The applicant's modification to conditions and staff's recommendation are discussed below. Alcoholic Beverage Sates Regulations and Guidelines {F . Staff has re-evaluated the proposed use for conformance with the City's Alcohol . Beverage Sales Establishment Guidelines (Attachment and the appli aible Zoning Code regulations based on the new information provided by the applicant at the February 10meeting and in-their letter dated February 8, 1999. At the meeting staff was unable to Planning Commission Report rt Conditional Use PIerrnit 98-029 F February 22: f999 Page 3 _ reach an agreement with the applicant regarding their requests. The following is a discussion of outstanding issues, including: the sale of alcoholic beverages. hours of operation and the location of the facility; coin operated video games and pool tables; and bar seating. ' On-site Consumption of Alcoholic Beverages Y + • The applicant proposes to allow partially consumed bottles of wine to be taken off the premises by the customer and consumed off-site. The applicant disagreed with condition 2.1 and proposed the following addition: _ 2.1 No off-site sale or consumption of alcohol*for any type of A BC license is authorized. X411 alcoholic beverages shell be consumed on site except . partially gonsumed bottles.of urine as perms ed by the ABC (Alcoholic Beverage control)Act, Staff confirmed with the Alcoholic Beverage control Board that a type 47 license issued by the ABC does not permit off-site consumption ption of alcoholic beverages including the removal of partially consumed bottles of wine. To obtain a conditional use permit for off-site consumption alcoholic beverage sales license, the premises would have to be at least 300 feet from a resid ntially zoned or used property. The subject property is less than 300 feet from two R-3 3 11 ultiple Family Residential District) zoned properties. Therefore, condition No's. 1.4 and 2.1 have been included for the Planning Corr mission's consideration. , Tours of Operation and Location of Facilit The applicant proposes to stop serving food menu sterns one hour before closing to, allow the operator- of the restaurant flexibility regarding the commencement of cleaning up the kitchen area. The applicant disagreed with condition 2.3 and proposed the following change: ' .3 Hours of sales of alcoholic beverages shall be limited to the hours when food is available, or otherwise permitted herein. Full service of food menu items shall be available in' the restaurant and lounge during all business hours until one hour prior to close. In accordance with the city's Alcohol Beverage sales Establishment Guidelines, food must be served during business fours. If the food preparation and serving is not operational during business hours, then the primary r use of the feicility during those hours becomes the sales of alcoholic beverages rather than food. The location of the property is less than 1 X000 feet from a residentially zoned property. ;This site does not meet the distance requirements for on-site sale establishments not in conjunction with a restaurant in accordance to section 9233c(v) of the Tustin city code: 1,0feet from any residentially zoned or used property. Planning Commission Deport Conditional Use Permit 98-029 February�2, 199 - Page 11000 feet from any other-existiing on-site sale establishment, except for a restaurant establishment or off-site sales establishment. 1.000 feet from any church., place of worship, public or private school, park, playground, clinic, }hospital, health care facility or convalescent home. surr mart',table-of similar establishments within Tu' stin is provided a.s�Attachment E. The table illustrates that either: 1 establishments Frith separate coktaril lounges, have a distance of at least 1000 feet separating the facility from sensitive uses, or 2 the establishment -is considered a non-conformigg use due to the start date of F establishment: The restaurants that have cocktail bars which are integrated into the dining areas d not have separate closing hours: for the bar and the dining areas. Therefore, Condition No 2.3 has been provided for the Planning Commission" + + consideration: which limits the sale of alcoholic beverages to,the -hours.when food is available. + r 4 i The applicant proposes operating hours to end at 2:00 a.m. seven dais a week, which they stale is consistent with the other businesses within the' cornmerdial center and similar establishments within the immediate area. The applicant disagreed with Condition 2.4 and proposed the followings modification: i 2.4 Operating hours shall be consistent with the other businesses within the core� rci l center. The- closings hours shall he limited to� 3 M 1. Irs-0,F6 vaon + .m. . 2:00 a,m. seven days a week. i The grocery store within the commercial center has the latest closing -hour of 11:00 p.m. The three restaurants withih the center close -by 10:00 p.m. The proposed closing hour of 2EOO a.m. is not .consistent with the closing hours of the adjacent ' businesses within the commercial center. As depicted on the table in Attachment E, Stewart Anderson's Black Angus restaurant appears to have the .most in common with the proposed. operation. Black Angus. has a separate lounge area from the restaurant: live n er-tainment, and public' dancing. Black Angus closes at 10:00 p.m. n Sunday---.Thur da and 11: p.m. on Frida i and Saturday. } At the February 10, 1999 meeting, the applicant indicated' that .h e would like the flexibility of closing-the upper dining room at 10:30 p.m., closing-the mein dining room } an .hour before closing, and operating the lounge. until 2:00 a.m. He also indicated that it was his desire to,retain patrons as long as possible by first searing there dinner # in the. dining rooms .and then capturing their business in the lounge arra. During 11slow" periods such as lunch or daytime hours, the lounge would be closed entirely. Given this information, staff believes the applicant is proposing two separate.uses that would operate ind p ndently; a restaurant 8nd a cocktail bar-. In addition, given the applicant's proposed-operating hours, it appears that the principal use of the facility 4 ' 1 I Planning Commission Report f , Conditional Use Permit -029 F w \ February 22, 1999 � Page 5T w r R would change from a restaurant during early evening hours to aocktail lounge/bar during late night hours.. t Generally restaurants serve'dinner to patrons before 12:00 a.m. and late night operating hours are not used for searing dinner. Due to the request by the applicant to close portions of the dining area, after the dinner rush, and keep the lounge. operating, staff believes that the primary use of the facility during -late night hours, would become a,.cocktail bar or club. Staff recommends that the closing hours be limited to 11:00 p.m. on Sunday through Thursday and 12:00 &m. on Friday and Saturday and hes not modified the previous Condition 1o. 2. . i The applicant proposes to allow the customer the flexibility of not ordering food menu items. while. consuming alcoholid beverages. The applicant disagreed with Condition 2.7 and proposed that it be deleted. A in . ■ . l Fb { The ori-site consumption of alcoholic beveragesis intended to bein conjunction with k eating a "meal on .the premises. A .restaurant establishment, with on-site sale of alcoholic beverages is not subject to any distance requirements.from surrounding _ sensitive uses. However, an establishment not in conjunction with a restaurant, such i as a cocktail bar or club, must meet the required distance from surrounding sensitive, uses which- can not -be met on this, site. staff' has deleted Condition No. 2.7 due the implication that alcoholic beverages can be consumed without- eating a meal. } Conditions Mos. 1. , 2.3 and 2.12 have been provided to ensure that the establishment remains as a restaurant.at all times. i The applicant proposes to have the flexibility to close down the second level dining area at different filmes than the main dining room and the cocktail lounge. The applicant disagreed with condition 2.0 and proposed the following replacement.- 2.9 't placement.2. he upper dining level:may close at 10:10 p.m. and the main dining area and lounge areas s aff close at 2:00 a.m. As noted previously, closing off~ portions of the dining area while -keeping the lounge operating, changes the primary use of the facility during these hour$ from a restaurant . to a cocktail bar or club. The on-site sales of alcoholic beverages is.only permitted on this site in conjunction with a restauirant. Therefore, 'the entire remises should ] P function a clusivelys a restaurant at all tulles. Condition loos. 2.3, 2.12 and 2.14 have beenrovided for the PlanningCommission's consideration, which limits the sale of alcoholic beverages to the hours when food is available,! that food shall be served at any bar located within the facility and that Tthe entire facility operate as a restaurant at all times. i i 4 canning Commission,Report Conditional Use Permit'9 -029 February 22, 1999 Page 6 lb Cola operated Games and Fool Tables. r The applicant proposes to ins-tall cola operated video games and pool.tabl s on the premises. The applicant disagreed with Condition 2.12 and proposed the following replacement: 2.12 A maximum of iv -(5) cola operated'v ideo games and two 2 billiard tables shalt be permitted within the mala floor dining room. In accordance with the Alcoholic Beverage sales Guidelines, coin- operated games , and pool tables,are not allowed in a on-site alcoholic beverage sales establishment in conjunction with. a restaurant. The.Tustin City Code and Alcoholic' Beverage Sales Guidelines do not permit pool tables to be located on these.premises which is zoned C-1. Deviations t the city Code Land Use Regulations are not permitted. Theref re, Condition No. 2.10 has been provided for the Planning Commission's consideration. Bar Seating i The applicant proposes to have bar seating adjacent to the cocktail bar. In accordance with the Alcoholic.Beverage Sales Guidelines, "ba(' type seating is not allowed foron-site alcoholic beverage sales -establishments in conjunction with a restaurant. "Bari' -seating would be allowed only in -an establishment that would be considered a cocktail bar or club, rather than' a restaurant. This facility does not meet the distance requirement from sensitive uses for a cocktail lounge. Thera are no unique circumstances regarding this application that would support findings to deviate form the Guidelines. Therefore, Condition No. 2.1 3 has been provided for the Planning Commission's consideration. Live Entertainment Public Dancin ,. y i - The applicant is proposing to offer live musical entertainment .and public dancing in an approximately Zoo square foot area ton the lower floor the restaurant. Tustin City code sections 3212 and 3222 require that.the applicant apply and-obtain approval of a Public Dancing Permit and a Entertainment-Permit from the Community F e elopm-ent Director to conduct live entertainment and dancing. Prior to issuance of thesd permits, the Community Development Director would evaluate the proposed operations and ' investigate the applicant" background. once the, permits are issued, the Community Development Director has the authority to revoke the -permits if the applicant does not comply with provisions of the permit. Condition Cho: 2.13 is included to require the applicant to obtain Public Dancing and Entertainment Permits and Condition ' lo. 2.10 prohibits live entertainment and publrq dancing outside of the restaurant and prohibits sexually oriented businesses. . 4 Planning Commis ion Report Conditional Use Permit 98-029 t February 22: 1999 Page Pa C1 ,parking summary was provided by the applicant, which indicates that there are 311 4 parking spaces within the commercial center. The reciprocal part ing.'agreernent for the center allows shared parking among all the commercial center tenants: Not including the proposed restaurant, the existing uses within the commercial center r wire 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus of 20 paving spaces within the center. condition I . 2.8 is included t6 require a paring summary of the center and approval of the Community Development Department for any ` increase in the number of restaurant seats. r �u i- A -e i f ri A. Ludi wren Peterson Associate Planner Acting senior Pinner 4 ' x Attachments: Location 11 ap �* w Attachment A- Submitted Plans Attachment 8 -Alcoholic Beverage sales Guidelines Attachment C,— February 8, 1999 latter from Mich el Cho Attachment D - February 8,J ggg Staff=Deport Attachment E—Summary Fable of Local Restaurant Establishments Resolution No. 3655 s:Ap reporfl2-2 cup9 -9 9.LAL i I 1 i l - MAP/,-,.-r ell dr 4 � y • L r UP 0 ,� Of %- -d A+ * *• NL gig f�Aio LWL a 1 1 y 1 r I r s r r t r ,i '. • * 5 Kvq ,,fr r r 14012 1401 14022 14021 134062 #• • 14032 1031 I ' ' 041 1 114042 14041 r • 14092 owl 45 14081 4051 1405214051 ■ r' , 1 r 141 D� r � 1 140fi1 14064Q1, r `14112 14081 '140808 4 i 1411 r 14122 14141 • 14091, ■ 1401 l 134092 34143 1101 1410 � 14145�� 114102 II 14111 14111, 4 141 1411 141711 + 4121 1431 14201 i * 14132 14203 14205 r 1431 34207 1415 FRON TIER 141 1409 1 r PARK 34211 , RI VEr s r 14213 r 14215 I r ■ r F 14241 14231 to � 3424 !� ' tAITCHELL. 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TOILET ROOM FLOOR PLAN s1e- BATHROOM SIGNAGE 1 CEILING LEGEND Vv 11.T lfTlM�r 1 � LNr■al 3131161 Jy ran w>II!a['I!I�!e[F • c� Q ® mrtw snrr alt lunrtr ■e!fyl,relRfq•Gw[ri/111rn IurM[ I■1Ir!e ulTM1 cllcuq i DOOR SCHEDULE F y� (�t.r•.r.r Lr naw.011.ser � W a -- —--— Ia - - -- 1 _ fw.l Dom+w 511 J ^- 4mfto rye■.•!iP oar.,wrw oat■_1.y r s Y L lab deft d MOP"alkall[a L lL,t.]Il loan% W M RL r1.L a.qw•r+.f. °¢> Moll F7= A inti A-3 REFLECTED CEILING PLAN 4 + t, 'F ES UT-TO 1 NO. 3366 2 i RESOLUTION LUTIO OF THE PLANNING COMMISSION OF THE CITY Y . TUSTIN t CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE FOLLOWE• OF ALCOHOLIC BEVERAGE - SALES ESTABLISHMENT {[��'A.BL SHME LI A IO S. The Planning COMMission of the follows: 5 as qty f Austin does hereby resolve 6 14 The Planning COmMis s ion finds and det ex- xnes s.- foliws ' 'iat'certain guidelines shall be considered by R evel pment. staff and the Comurt n CoxI whenconsidexin on itional Use Permit applications for alcoholic beverage sales establsh encs. 10 ' B. That'certain standard conditions shall ` be required ori ' n� site alcoholic beverage sales establishments conjunction with � � hments •�n restaurant use afollows: .. l alcoholic bvera e s �� ha 1 All be consumed on site, Authorization for ori-site sales of ber and wine liquor Sales i contingent on t � g use of the subject site remaining a restaurant. At such t the restaurant use is discontinued � e �- the use permit - becomes null and void. _ o All peg-sons service alcoholic. } � g beverages mus be . eighteen years of age or' older and s . peri.sed by 16 oneone twenty-one years o fi ache or older. Supervisor shall be present in same area as point. . of sale. i % . y170 Hours of operation are limited to the hours of a, to. PIM, (hours are identified LL+ } 1depending on the type�p f operation) Food must be served. during these hours � the menu of the restaurant shall consist f foods 20 that are prepared on the premises. . o -No outdoor seating �.s allowed- at allowed at this location. No bar type seating is allowed. 1 ' here . shall be no Pooltables r cola operated dames on the premises at any time. 2 23 C, condition That certain standard `! s shall bequired ` f Off-site sales . establishments cello rs 24 o - Autioriatir� dor off-site" p the use at the sales beer r n +wihe/liquor is contingent u ' 25 subject site remaining as 2 (specific use I identif led here) . Should this use change or be discontinued, authorization for this - use permit is ,* null and void. ` o All persons selling alcoholic 2 - _ l ibeverages sha 1.l be twenty-one years of age or older. ' # I Resolution Ido. 3366 Page 0211y - 1 i o Hours of operati.on a're limited ed to the hours of _ hours are identified de end on the type of operation) .- oLoitering" signs er�tx`ar�c ha�� be posted t the e o the � business `oche ' -location(s) . specified MO pooh tabes o coln � ' operated games are allowed .i at this location. NQ alcoholic beverages s propertyhail a consumed on n . adj cnt to the, licensed _ • single-serving' -premises mases undrthe control o the licant. Refrigerated' beverage containers _ shall be located ian enclosed refrigeration unit y less than ten deet . and m,� i thea pont o sale � urn o dive deet �r � the - entrance. store No 1 i tr b tin o beer wine rye coolers or silni.lar alcoholic bev t be Made from ars ice e ages shall 1 - tubi, barrel r similar R - or tai er. . sales or itr�. i ' � shy � t� x� .off alcoholic beverages ll be made from a drive�u . o • p r walk-up ir�dor. _ - All litter- sha l l be removed from the exterior areas around thepremises including adjacent sideral �' areas � public � ire an parkingareas n less frequently than once each-dar that th open. business i 16 0 r dor establishments selling alcoholic bevera- gesgasoline, no rcr c beverages may be Visible from the exterior . on gasoline o the uii� �ing or 18 0 gasoline .pumps or islands, _ Public telephones inside and adjacent. establisx�er�t s}� t . the � shall b mod i to ,p -everit • in- coming calls. 20 D khati certain standard conditions shad site sales estab l be rewired o on- 21 l shore is as follows: '' 22 o All persons serving alcoholic ten � � beverages shall e one years o age or.+ elder. = too Loitering!' si n h o � g 1l be posted at the entre 0 he business or other specif i ed location(s)pool- table . 24 No s r coin operted. games -are al at this location. lowed i - o alcoholic beverages s , hall be consumed on any Property adjacent to the licensed the prerxe the control o under 26 o 11 litter applicant. shall a removed from the emote around the premises includingrr area si e ral ada ent public areas _and Parking areas no les ; s frequently then once each day that the business is open. i fZe oIULioI1 NO 30 L+6 Page w ' Public' telephones inside adjacent tto theesablishment - shall be modif i d to prevent in- coming calls E. That . each Conditional Use Permit 'application dor a alcoholic beverage sales establishment shall be reviewed., based upon lct�. r� 'a ed' rid type o such establishment, and considerat. ion of the following . A detrninat . that. hours of 'ope*ration requested are appropriate for the use proposed and consideration gIven . to the proposed uses relation to: 1. Residential areas - 2 . Protected uses, such as .aces* o worship, ' arks • schools, hospitals,,clinics, convalescent homes . 30 Other similar uses; selling or serving alcohol; 12 +F. The applicant -shall s ig n and , return Agreement t Conditionsrepo ed form which states that-` the applicant 13 agrees to all conditions pp imposed, the conditions shall be included on the State issued Alcoholic Beverage license, ., and failure - tocomply with any o the o�r'e oin conditions shall be rounds for suspension�� g ±or revocation of the license. . PASSED AND ADOPTED' by the Planning Commission of the City o • 1at regular meetingheldSeptember .. Tustin r the 2 t day S ep t o robe r, 19 9 . 1 r + { y 18 F • i Z?7?g. + Y"Jb#f� KAFiX 20 Chai son ' 21 _ 2 2 . � i BARBARA REYES LI 23 Record-ing Secretat ' 24- 2 2 . -r BERNARD &AssOCIATES PROFESSIONAL ASSOCIATION OF INDEPENDENT ATTORNEYS� ATTORNEYS T LAW � 3991 KwARTHUR BOULEVARD,SUITE 350 l NEWPORT BEACH,CALIFORNIA 92660 TELEPHONE (949)263-1511 FACSIMILE(949)263-0229 February 8, 1999 Members of the Planning Commission L . City of Tustin - Re: Conditional Use Permit 9 -029 14131 Red Hill Avenue, Tustin Red Hill Restaurant i Dear Distingi4ished Planning Commissioners: The purpose of this letter is.to briefly.outline the differences that the-applicant has with the conditions.of approval as proposed by the planning staff and offer alternative conditions that mitigate the concerns raised by this application. Project Description . The proposed project is for a full service "New Orleans"themed restaurant that will provide fire dining and entertainment for the local and surrounding community. The restaurant is being developed in a location that previously provided dining and } entertainment in a very similar manner.as proposed by the applicant. The restaurant has three 3 distinct rooms on different levels for patron.service, Top Level Dining Room: Dining banquet room with fireplace and no fixed beverage bar; Bain Level Dining Room: Dining area with small fixed oyster and beverage bar. The dining area consists of booth''and table seating. The room will also provide UP to five (5) video games and to 2 billiard tables; Lower Level Lounge: This area is a dedicated lounge area with a fixed bar, small dance floor for patron dancing, and small stage area for live entertainment* The area is basement room with no exterior wifidows or doors. Pro'-posed Conditions The applicant is in general agreement with the Conditions of Appoval as proposed by the Planning staff. However, the applicant requests the lanng Commission consider the following proposed changes (italics and underli ed); Letter to Planning Commission February 8, 1999 Page 2.1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on site r ria y consumed red e min asder-muted by the ABC Act'. Rationale: The ABC Act specifically provides that patrons can take a partial consumed bottle of wine from a licensed premise. 2.3 Hours of sales of beer, wine and distilled.spirits shall be limited to the hours when food is available, or otherwise permitted herein. Full service of food menu items shall be available in the restaurant and lounge during all business hours until one L12 hours prior to close. Rationale: This allows the operator of the restaurant flexibility regarding starting the clean-up of the kitchen area. 2.4 operating hours Miall be consistent with the other business within the commercial center. The closing hours shall be limited to . a.m. seven days a weeks. Nationale: The ABC Act specifically provides that licensed a premise can sell and serve alcoholic beverages until 2:00 a.m. In this ease, there are other restaurants in the area that close at 1:30 a.m. to 2:00 a.m. 2.7 Del ete in its entirety. Rationale: Patrons seated in the two 2 dining areas should be able to be served alcoholic beverages without the requirement o ordering food, especially in cases where one of the patrons seated at-a table may not be ordering food. 2.9 Y Delete and replace with the following: The uuper dinjLg level Mry close a .m. and the main minim area and lo unze area shall close at 2.00 a.m. . Nationale: There.are other restaurant in the area that close the dining areas prior to their bar areas and it petits an operator to begin cleaning at a reasonable time. 2.12 A.maximum of five coin operated video games and two OLNIIiard tahles shall,be permitted within the main floor dining room. Pn2 JL Letter to Planning Commission � February 8, 1999 Page Rationale: The restaurant concept includes amusement devises in the main dining area very much like that of"Dave and Busters" or"Game Works"restaurants. The dining room would still ` be primarily devoted to dining tables and food service. 2.14 No outdoor seating is allowed, unless the gRplicant obtains gMroved plans for additionalpatio seating and servi . 1 Rationale: The applicant should be permitted to add patio seating and service if appropriate plans are approved without having to return to-the Planning Commission to modiPy the conditional use permit. I { .3.I Delete in its entirety. Rationale: The restaurant should be able-to provide a small fixed bar that serves as an oyster bar that-also serves alcoholic beverages. The proposed bar area previously existed and will only act in conjunction with the 'Main dining area. Additionally,this gives the operator rat r .exibili in ut i in p g the.small r bar area and closing the lover lounge arca during slower periods of time. I - i The Applicant agrees vith,the balance of the proposed conditions of approval and respectfully requests your consideration of the above changes. Thank you for your sincere consideration of the request. Respectfully submitted, r i I MICHAEL C. CIO I i� 4 1 9 i ITEM # } Report :to the F x a r Planning r DATE. FEBRUARY 8, 19,99 SUBJECT: CONDITIONAL USE PERMIT -029 APPLICANT/ PROPERTY OWNER: LARRY SMITH �s RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 LOCATION: 14131 RED HILL AVENUE ZONING. - RETAIL coi IMERCIAL' C,-I; Bio, 000) 5 ENVIRONMENTAL _ * STATUS: THIS PROJECT , IS CATEGORICALLY EXEMPT CLAS 1 PURSUANT To SECTION 15301 of THE CALIFORNIA ENVIRON IE lTAL,QUAL1T ACTS i REQUEST: i AUTHORIZATION ATION Fold THE oNwSITE SALE of AL00HOLIc BEVERAGES (ADC LICENSE TYPE "479p) IN CONJUN.CTION WITH A NEW RESTAURANT. • RECOMMENDATION That the Planning Commission adopt Resolution leo. 3655 approving Conditional Use: Permit -029. Project Description The applicant is requesting authorization to obtain ar license for theon-site sale and consumption of beer, wine and distilled spirits (ABC license Type "47") in conjunction with ar new restaurant located at 14181, Fled Mill Avenue (see Location Map).. Alcoholic beverage sales establishments'are permitted in association with a- restaurant use subject to the approval of ar conditional use permit. The applicant does not propose any outdoor seating. � I Planning Commission Report Conditional Use Permit -029 February 8, 1999 Page-2 I Site and Surrounding Properties The,applicant proposes to start a neer restaurant business at the location of a previous restaurant (Chucks steakhouse). The previous restaurant also sold alcoholic beverages for on-site consumption within ad cocktail lounge. The previous tenant vacated. the ; premises several years ago and sinde then the building has remain d vacant. The tri' level building is approximately 5,000 sqOare feet and located within the comfnercial center on the southwest torne.r of Fled bill Avenue and 1` isson load. The restaurant includes two dining room areas, one with five arcade video games,- a cocktail lounge and a kitchen/food preparation area. The dining rooms are approximately the same size. They are located on the rain floor and upper floor. The cocktail lounge is located on the loner [eve 1, several,steps down frb rn-the main floor-(see Attachment A-- S ito Plan/Floor PIan). Surrounding uses include a stater Brothers grocery store surrounded by a variety of service/retail type businesses. Three restaurants also exist within the orx mercial center. The restaurants and service/retail businesses have operating hours until 10:00 p.m. The } grocery store is open until 11:00 p.m. The surrounding neighborh od includes two } apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center,'across led Hill Avenue. ,- Lige Entertainment Public Dancing The applicant is proposing to offer lure musical entertainment and public dancing in an approximately Zoo square foot area inside the restaurant within the cocktail lounge. Tustin City Code Sections 3212 and 3222 require that the applicant apply ands obtain approval of a Public Dancing Permit and a Entertainment Permit from the Community Development Director to conduct live entertainment and dancing. Prior- to issuance of these permits, the Community Development Director would evaluate the proposed operations and investigate the background of the applicant. once the permits are issued, th6 Community Development Director has the authority to revoke the permits if the applicant docs not comply with provisions of the permit. condition No. 2.13 is included to -require the applicant to obtain Public Dancing and Entertainment Permits and Condition No. 2.10 .prohibits lure entertainment and public dancing outside of the restaurant and prohibits sexually oriented businesses. Parkin I parking summary was provided by the. applicant, which indicates that there are 311 p ry ing spaces within the commercial center. The reciprocal parking ragreement for the I center allows shared parking mong all the commercial center tenants. Not including the proposed restaurant, the ' xisting uses within the commercial center require 241 parking spaces. The proposed 1 o48eat restaurant requires 50 parking spaces: leaving a surplus Planning Commission Report . Conditional Use Piarmit -029 February 8, 1999 Page 3 - x of 20 parking spaces within the center. Condition No. 2.8 is included to require a parki i I Planning Commission Report . Conditional Use Permit -02 February 8, 1999 . Page Although the applicant is willing to provide food service only at the main dining room bar, this would-create a difficult enforcement issue for the City to ensure that this area is not converted into a cocktail bar. condition+No. 3.1 is included to require that the second bar be removed from the main floor dining area. To ensure that the primary use of the establishment remains a restaurant, . Conditions 1.8 requires the. applicant to -submit an annual financial -statement 'identifying gross sales of food and alcohol. The gross receipts of the food sates t must surpass the gross receipts of the alcohol sales to rnadintain a restaurant status. The Community Development Director is-authorized under this condition to initiate revocation proceedings if the restaurant status is not maintained. 2. Hours of eration: . Food prepared at the site -will be available during the hours of operation. The proposed business hours are 11:00 a.m. to 2:00 a.m. These hours are r)ot compatible with the surrounding uses, which cease at I 1:00{ p.rn. It would be . appropriate for the restaurants hours to be consistent with the. business hours of the uses within the commercial center. The proposed hoursf operation are more common for cocktail bars and night clubs than restaurants primarily searing lunch' and dinner.. Staff recommends that business hours be limited to 11:00 p.m., Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Condition. No. 2.4 is included for the Planning Commission's consideration. 3. sery Alcohol: Consistent with the guidelines, Conditions 2.3 and 2.6 are included- to require alcoholic beverages to be seared only in conjunction with food service and to require all persons searing beer and wine to be .eighteen 1 gears of age or older and supervised by someone twenty-one 21 years-of age r older. . Coin_operated Carnes: The guidelines recommend applying a condition to prohibit pool tables or coin operated games in conjunction with a restaurant with,alcoholic beverage sal-es. No pool tables are proposed. however, the applicant is proposing five coin operated video games within the main floor dining area. A maximum ofj five coin operated video games within the main floor dining room Mould be considered an accessory to the primary restaurant use. condition No. 2.'1 2, included for the Planning Commission's consideration, isro osed..to limit the number of coin operated p. p f ` video games to ire and prohibit pool or billiard tables on the premises. 4 r Planning Commission Report Conditional Use Permit -02 February 8, 1999 - PageF i f f . Bar Seatin The guidelines recommend applying a condition to prohibit `bars type seating in conjunction with a restaurant with alcoholic beverage sales. The applicant is proposing treble 12 bar seats adjacent to the cocktail bar wit.hin the cocktail } lounge. The proposed "bar' seaming would be appropriate since patrons sitting 'in this area would be served the salve as those seated at the standard lounge tables and chairs. Patrons seated at the bar or the lounge tables would have the ability to order any food items offered on the menu. Condition No. 2.3, which requires full menu service to be availabie*to patrons seated anywhere in the facility, is included for the Planning Itorxission's consideration. + ori A.)Ludi Daren Peterson . Associate Planner .Acting senior Planner Attachments: Location leap , Afta hment A- Submitted Plans i Attachment B --Alcoholic Beverage Sals Guidelines + Resolution leo. 3655 i - s:\pereport\cup98-029-2.LAL f r + M J J sun Y TABLE OF LOCAL RESTAURANT ESTABLISHMENTS ESTABLISHMENT&ADDRESS TYPE OF USE APPROVAL TYPE OF OPER. DISTANCES >1000'FROM SEPARATE PRE- AUTHORIZED DATE ENTERTAIN- HOURS FROM SENS.USE COCKTAIL EXISTING MENT SENS.USE LOUNGE '�:�� 0 - N The Barn Restaurant&Saloom Restaurant& 9/4/72 Live entertain- 11 am-2am Legal Non- Legal Non- Yes Yes 14982 Red Hill Avenue Bar ment and public 7 days a week conforming conforming (11/84) (714)259-0115 dancing „. ..:'#...w'.5.•.''F:r.a,zi::t•,.Y�f(.Ys<.,.��,.�,F II.',�.3:Y.i.<...U...-..fw,'dc.•<..:..�i,Ap':Y..1.•.ec._:?.,L.q..4.,a°F:�'.<,`.•+.3.a.w..ni.et.s;t�v;g:,Y-�a"F�±.!]d.S o-'R�.av^�.n....F'E.r'r £��'.¢::e,ie.w.,k,E.�1qtx•>.rP.4.""';h•;3.F:.'°",;:War,K..:L w`!'>s1..iY..�.3..�a.:.:7'r.K�•... :Y�r.�.3. 75�7. �;.�:iS i.± �as. o-{ IT. 7 R .<ka,r.'.ri...�f'+..tr�x.:S�,F.,�.'.c,v�•E.qy...,fi.n..s:�.��..".�w1.Ky .:,5.:.c..F'<a'4�eE'.{._.p! F`�;:e?.:.•:1:iJ!"'�L.•.,+t"f.d':¢:9�`e?; 4wo.d.:k::.t'rk...�R •s.„a',.«'rrl,r«gra'w,#...nen!_?eYbCi�+t?�..,f4;ri8+w:k r�r��•F a.e'§.:rv,�.,.:�'' El Torito Restaurant 12113/78 None 11 am--2 am Legal Non- Legal Non- 1 Yes Yes 17420 17"Street 7 days a week conforming conforming (11/84) (714)838-6530 1 r i ..a°'tRF i�a s-S§s�°::,a!pp�,°"",-°E.,z.s:3:r „ y.r�;:.•va F,�#'�v,:ags�ra°a•,:'" .a."5.�.S;...F .....�,.:".,;...ss`<fo.s;k�.s.�,I�,..°<.-.<...k.".s�.5_..<.,is'�,.....1;,<.".�.&r..�t ar<,..:a..^....,^&...y"r...,ggk,j.,..�,..F�'isb.,�h,,..:�.::(,.5•......�7..u�,F.£.E.,...<'f,;'.�%r".p. ��''.d'B.s•...E,.3>$•6•�.a...3§`#<.xd.".:s:�.d'k3':'�y�''�:.ax.L..�.'s•. �,...r�•°Vi�.•s.£#......",1�3.if._.:�'B3�A;'•:' :Y.°9��.:..r_aC..s'>«t.a;E a;�;iy:.'.b.'.>+.,:.�.�.,:.i,`.•'bd.-.`•..#.yGn+„&�:4'>.k!„':R'�>:',�K��'•'4.¢:s,�'.s,;&N4£.;ero-,F.{F.s.�:.,..:..`F.�".F=§':'�.;r.L;."Y:.�4'F.::.:.�k.�%.��:. 7T T, €�; °''.S•.(E 8a.�`'•;��,.<.�c.."�fiFr°..>.,i;.�:fia'.`.>.,.qp€.�°•.>b$'; „�;Y�a:��.1�•,a:F.:�' °:esr 'as.:...�4`,� °; .:.a1..ga.8dw��°:.":"° ��'p°ry:w�,t't$'5<x :9.-.-�3."> :5�)?;S��' :• x Spoons California Grill Restaurant 2123/87 None 11 am-12 pm 100'res. Legal Non- Yes Yes 13741 Newport Avenue 7 days a week. 300'othr est conforming (112195) (714)669-8425 500'chrch A' - �:: 3'a:`:5'.'e*T•;:: .y�.,q,.ems..Ex;E•�'. _ ..8..7 a� '°, : 'f7.,.:-'.',.. �:...f;. x•�. :b .,. '�` ..: �:Zs'.. .� a:rs, .:Y'..ak:xa .,f< -ss?' a8?:, ,E' ,•s,. .>....S4 ., a* ": m:P•a. ..{>rad:...a. ..'' <.i. "": -:"n '^t"": E..^,'a .ei 1: ae'°::;.':e',w,�°y;�9^:F' .z.) , a, :<_<,�€• yy..a &.,. y,. y$y'es.:ra= ..a Ago, dx>; Imre, y.�:.°aaa,..-t °OMR,• .. ,. ter, +"..�,.,"<.-:a•,.<.'i,. .s,E4. .;,@. 'Kx...b.�::;:;"��.>`;4' :.tr ,�. .S �"`p,3. >-.�d s.. .�:q ..& •iA.'aj... .,.....r •: .....,._. ". .^.., ..,.,,'.':..1;,. .: .,i::..r....-.9,.:3'6".,�.-<..�.•.f.,,.1..�..<n- Yi':..� ,'g .,k;.� a�.^.$°'°@t�`N.. ��a.a'.rr- dgS� ...,.'.. .,,..°..a.,.. ...,.,.-S' .>,•:�:`?:.°":o' .-':':*.:.-"S .:,���.ri•4°T"s�w"�,-.P.•.y f- w, ,,,�.`'si"• a.i��'i<..P::Yix;,?^4r� L 8e�'.«.�,:'>�'�.L.�df't F' ��#� •'�¢.«;!'w;.'.#;{"s..i Don Jose Mexican Restaurant Restaurant 5/29{79 None Sun-Thurs, Legal Non- Legal Non- r Yes Yes 14882 Holt Avenue 11 am-10 pm; conforming conforming (11184) (714)832-3280 Fri&Sat, am-11 m P 3 .'�., .,...,i ..F. $i. s.nn.,.a>,4&'a #.>a%ro-'.r„'°'.;<s`r'.,;...�..._..,', .:'.r�;."�F:S�6• ..,z�<';••.'.�.i. ..,:. •:�•.;.�.,.a,.e<: :X,!•:s..?'; •:e .>.....•u,. ; ->•n . x. ....>a9: s.s-"eF. s. .'`•:,.:....• ."., < „§s.... e ..: .y "a§. `.': :F:d _.Q,: r?<• s i e t #-121, .a.n� ^��:' 3 wrr+'.o-,,M,�,ax,..•m�.,a.¢. ,.<....° ay.:....., meg..^ „z... x.. a 's;aay..,a.... .'Y'Y :a $. 4F .< ....:c ems.s ��. ,.,, a.yq- ',e°•&>u Via•.-�», :."ar� a"�,^E ��r., Pinea.pple Hill Saloon&Grill Restaurant w/ 4128186 None 10 am-2 am 100'res.` n/a No Yes 654 1s Street Limited bar 7 days a week 300'otter est (112195) (714)669-9818 seating 500'chrch t1.".}...,,..,,,.n...�%6f°,„aI'&...,'a.Vi�de?:;..z:.F.....a .-..,......4.'T4.....[..#..:.,. .s:.,:.>.•:.Y.M._.x:r:,k.!-.-�.Sms,€.s$:�;...°......:e,°�'d t,ti.p,.'.I.^;,{F_y.',,,,t�..'.3°....�•sYem"°.Y.�t.Ra€�°f.$:E:.§..,»..w,...x.E-..<,a'.4.,.,,...,x•....,,s,.,xt;.�,.�:..?te[d.a.:.z9°a.°>.L.e:.. 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'<,;•-F' r.a,..:,°.a"..5 i'°`....8t,•a,....$,«a,c....�....A.._.#.."a.F..a,.°ha.a E.,e:R#..s r<.w,�:,.Y.8.R.>.a3......<rf�r•:7..',�<s S„a..s...ms..s:s..`C^,:,„.k•ep.".i,✓...<..F:.3.T,''d.sx°..:.^.i¢,....tffi::�.da.?�.x:e..-:a>."•".;,F'Z'`,.,„•..,"......f..y..... .,.....mo•d.,..fiw.g" ".>..�..�.'..ti'.':Es'b.:r3F..x„!.s.ax.;.,F'4,<w.,r:'...'<.Pa:...e#..,..-.;:"�.d'.:,8.:..•.�.Ye?.'..;:S!..'...aar),�3?.,;:e.o.ao<"": w<':;.tEs�.„'�d"�,,Y7�".°.'':.v`�.,::u•Y:YDS sf..3.'�.'-'a> ".„5d",°::;a,:; ,:;v.?ip.g:e:'.;f§.F^A"`..�t9 k'.�#:<:;.:EF'L„.F�;dw.••p,g-ie:•:•,:x`"r�f�.as. d.��,r 771: .,..,,.. 777 77 Tustin Brewin Co. Restaurant w/ 1/8/96 Live '��".kn'a-Ms`':x".aaY''x§:':"'rrs;:";ra...a...:;•A:'ba�nKb':'acq.�P'ti�'':,:.v.q,.<f":.'..,.N: t v4 Sun Thurs, 100'res. n/a No No 13011 Newport Ave.#100 on-site Entertainment 11:30 am- 300'othr est (714)665-2337 manufacturing 12 am; 500'chrch and sales Fri&Sat, 11:30 am-tam ."..,k. ..,......a, ¢...8 #.p�.;.• r's..«" s.._,� s ., yy " q s �..f"8,:�ti..ss hrg.gx.t ad. a '>s. <.. u,..n ,K.,.:F ..i,.'€%'r•& .;;` `n"�i:i�;a , r Pr+i ``r= 4m.: s`� f:' .�.5.. y '3:'f•"��Sr;w�'x.9•'�'�'• ,. s• a ser•' .0 .t.a<n• h ^! f 63',4:iso<r`• ,>N` ,§yE '�."+ n>.a ..x.'a..<t.r, R s�;fix �'��srK�,�:_,S 4•..,va,`_.��ar•.}x Stewart Anderson's Restaurant& 2/1195 Live Sun,11:30am- 100'res. Yes Yes Yes Black Angus Bar Entertainment 10 pm 300'othr est (112196) 3030 EI Camino Real and public Mon-Thur, (714)573-4888 5aa'chrch --- __-_-- dancing 11am-.14prn; Fri, 11 am-11pm; Sat, 11:30 am- 11 pm F :•7 a' "'Y"": 8'"' ' .rx,,, ....• .: ..¢k iA.s...;q„ ..,d a�..s a.r ,'k. ,.:.� '. ." :il;.f'"..as:§ ,s,r�'.",T,,.•Tc .�>r.° ?:�. :�>i'1.-:':..i i `;;Y:zr• :t?aE'" - - ...qz..d. - �..•.- 7 r a :^= 4 3:.� d.t g.,'7.:il., ".y<.". :�;,a.� ; ,.y,'r;�.. �, -.a .i. d.L^aQF''k':',.:l::;'::F": _,'• ,d'"':e's•a � wh ....,y,Ka. _:. .,. ..,.... .:;o-a .• f° '"?x � 5u:, :r - q`��Q°N t.:,r.: 3 •`4a &.,..3' ,¢.:"i.s1�` ,��.K 4Cli;».i;L' .S s' art.cs :4.�?F•�..i, .!.- ., ti'.';..r...:i.:,�';�`.' ,<?"• � .. • ;$:....a. "..,• >:.K;f<,..'.-. s:"".:`•.. '...K. , !aak;q w' -�`oit may"-s��"e �s Yi- && ,,.. .,�. .. ._ .,...••:sl,f,. ,..u..�^.°.,:'•'�. �n•;35'F:.• ..'9°'.8:��.-�.�k,�.•,",y.^ S«.�.n'T°:Ya(�rq��,','�;f, b�<E.''�iyjl"F14E Red Robin Gormet Burgers& Restaurant 5120191 None Sun-Thur, 100'res. Yes Yes Yes Spirits 11 am-11 pm; 300'othr est (112/96) 3015 EI Camino Real Fri-Sat,11 am- 500'chrch (714)544-2060 12 am Attachment E RESOLUTION NO. 3655 A RESOLUTION of THE PLANNING COMMISSION of THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL U0 �RMIT 98-029 AUTHORIZING APPROVAL TO OBTAIN AN C LICENSE (TYPE FOR THE ON-SITE SALE l D CO %L.J11,11PTION of BEER, MINE E AID DISTILLED SPIRI S Ill Co , 1 lcTlol WITH NEW RESTAURANT. 4 1. The Planning C mission finds and determines s follows: A. That a pro' r application for Conditional Use Permit -029, was filed by Larry Smith, a nesting authorization to obtain a 1'r ense for the on-site 7 sales and con �rnption of beer, wine and distilled sp' its (ABC License Type 1147") rri in conjunc on with a n w existing restaurant l cated at 14131 Red Hill Avenue, Tdstin. B. That a public hearin was duly called, noticed rid held ori said application on February , '1999' the Planning Commis ion. 10 a C. That the proposed r taurant use 'i 1 red within the C-1 (Retail 1 Cori merc l)Zoning Dist 'ct, with the a ppr val of a Conditional Use Permit. 12 D. That the establishment, m 'ntenance, nderation of the use applied for p pp 1 will not, under the circuista ces of t s case, be detrimental to the health, safety, morals, comfort, or enerawelfare" of the persons residing or 14 working in the neighborhood o uc proposed use nor be a detriment to the property and improvements in t eighborhood of the subject property, nor 15 to the general welfare of the Ci of Tustin as evidenced by the following findings; 1 I. The proposed proje as conditioned, complies with adopted 17 Planning. Commissi guide `nes for alcoholic beverage sales establishments whi have 6 en established and considered to 18 mitigate potential ' pacts associated with the sale of alcohol in 1 conjunction with r staurants. Pr 0 2. As conditioned the sale of beer, v�ri a and distilled spirits would be limited to on- ' consumption only, inside th restaurant. 1 8. The_sale o alcohol would only be aut ori ed in conjunction with a 22 restauran use. 23 . Sales beer, wine and distilled spirits-wi k be permitted -only when food i available. Food providedrill.be prep red on the premises. 2425 4 . A axirnum of five cora operated games, wi 1 be permitted on the. re aurant premises. No pool or billiard tables s, all be permitted. 26 . exually oriented business shall not be permitted the premises. 7 . All persons searing beer, gine and distilled spirits 'll be eighteen 28 (18) years of age or older and supervised by someo twenty,--one (21) gears of age or oider. The supervisor will be pr sent In the 29 same area as point of sale. f To increase the 1.. o, seats within the restaurant, a parking s mmary shall be subrnitt d and approved by the Community Develo, rnent Department prior to installation. RESOLUTION NO, 3655 - A RESOLUTION of THE PLANNING COMMISSION of THE CITY OF TUSTIN, CALIFORNIA, APPROVING G CONDITIO AL USE PERMIT -029 AUTHORIZING ING APPRO AL To OBTAIN AN ABC LICENSE (TYPE 4FOR . THE ON-SITE SALE AND CONSUMPTION of BEEFS, WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT. AI T. 4 s 1. The Planning Commission finds and determines as follows: A. That a. proper application for Conditional. Use Permit 98-029, was filed by Larry Smith, requesting authorization to obtain a license for the on-site 7 sales and consumption of beer, wine and distilled spirits {ABC License Type "47) in conjunction with a new existing restaurant located. at 1 131 led Hill Avenue, Tustin. . B. That a public hearing was duly called, noticed and held on said application on February 8 and February 22, 1999 by the Planning Commission. 10 C. That the proposed restaurant use i allowed within (Retailthe C-1 11 Commercial)Zoning District, with the approval of a Conditional lyse Permit. I D. That the establishment, maintenance, and operation of the use applied for will not,- under the oir umstan ces of this case: be detrimentaI to the health, 13 safety, morals, comfort, or general welfare of the persons residing or } 14 working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor 15 to the general welfare of the City of Tustin as evidenced by the following findings: 1 l. The proposed project, as conditioned, complies with adopted 17 Planning Commission guidelines for alcoholic beverage sales establishments which have been established and considered to 1 g miti ate potentials impacts associated with the sale of alcohol in t conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be limited to a on-site consumption only, inside the restaurant. sales of alcoholic 1 beverages for off-site consumption is prohibited, due to the proximity of the site to residential uses, which is less than 300 22 feet. 23 3. The sale of alcohol would only be authorized in conjunction with a restaurant use. 4 A 4. Sales of beer, wine and distilled spirits will be permitted only when 25 food is available. Food provided will be prepared on the premises. 26 A5. 9 % W a CI ooxr operated 2 games or pool/billiard tables shall be permitted; on the-restaurant premises. i . I v28 6. sexually oriented business shall not be permuted on the premises. 29 . All persons serving beer, wine and distilled spirits will be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age- or older. The supervisor will be present in the same area as point of sale. a Folutln leo. 3655 Conditional-Use Permit'9 -029 February 22, 1999 I -Page 2 . To increase the 150 seats within the restaurant, al:parking summary shall be submitted and approved -by the Community Development Department prior to installation. d E. That this project is Categorically F ern t from. the requirements of the California Environmental Quality Act, pursuant to Section 1 301 (class 1). F. That the project hes been reviewed for consistency with the Air Quality Sub- element.of the City of Tustin General Plan'and has been determined to be consistent with the Air Quality Sub-element. 11. The Planning Commission hereby approves Conditional Use Permit No. 98-029 10 authorizing the on-sit6 sale and consumption of beer, gine and distilled spirits (ABC License Type "47 in conjunction with a new restaurant located at 1 131 Fled Hill Avenu , subject to the conditions contained within Exhibit A, attached 11 hereto. ' 12 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular 13 meeting held on the 22nd day of February, 1999. . 14 , 1 16 LESLIE A. PNTIUS Chairperson 1'7 t 1 1 0 ELIZABETH A. BINSACK21 y Planning Commission Secretary 22 STATE OF CALIFORNIA -COUNTY of ORANGE 23 CITY of TUSTIN 24 I, ELIZABETH A. EINSACK, the undersigned, hereby certify that I amthe Secretary of 25 the Planning Commission of the City of Tustin, California; that Resolution No. 3665 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held 6 on the 22nd day of February, 1999. ,a 4 7 F Y LV 9 ELIZABETH A. BINSACK L *I Planning Commissio.n Secretary ' { i EXHIBIT A RESOLUTION 3655 CONDITIONS of APPROVAL R CONDITIONAL USE PERMIT 93-029 r 1 GENERAL I i (1) - 1.1 The proposed project shall substantially conform with th6 submitted plans date stamped February 22, 1,999, 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 of Community Development may also. approve minor modifications to the plans during plan cheuk,if such mod ifii cations are to be consistent with the provisions of the Tustin City Code. 4 (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47 is 6btained from ABC and the sale and consumption of beer and wine commences 'Within twelve 12 months of the date of thisxhibit. Time extensions may be granted by the Community Development Department if a 'written request is received by the Community Development Department within thirty 30days prior to expiration. + (1) 1.3 Approval of Conditional Use Permit 93-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. - y '1 '[. conditional Use er 'rt 9 -029 authorizes ABC License Type "47" for the :. ori-site sale and consumption of beer, gine and distilled� spirits only. The sale f alcoholic beverages for ffm Ite prohibited. nsum tion Ise + a (1) 1.5 The applicant shall hbld- harmless and -defend the City .bf Tustin from all claims and liabilities arising out of a challenge of the City approval of this project. (1) 1.6 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 Cori munity Developr' ent Department. (1) 1.7 Conditional Use Permit 98-029 may be reviewed on an I annual basis, or more often if necessary, by ,the Community Development Director. The Community Development Director shall review the use to ascertain.- compliance with conditions' of approval. If the use is, not operated in - accordance with Conditional Use Permit 98-029, or i found to be a nuisance or negative impacts are affecting the ,surrounding neighborhood, the Corn unity Development Director shall impose additional conditions,to ti eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. + a����a��i�as�aaa�aaa�aa�aas�s�as��a�if���f�iia��aa��as�as�as�a�a�saas�a�i��rli.i111i.�ii1F4������aa*�aa��as�aaaasa��a�r�ia SOURCE CODES , (1) STANDARD D CO DITIO RESPONSIBLE AGENCY REQUIREMENT 11 (2) CEQA MITIGATION LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES PC/CD POLICY (4) DESIGN REVIEW EXCEPTION ar Exhibit A Resolution No. 3655 t r Conditional Use Permit -029 a February 22: 1999 Page 2 (5) 1.8 An audited financial statement separately identifying gross sales of food and alcohol, must be submitted to the Community Development Director for review annually. The gross+receipts .of feed sales must exceed the gross receipts of alcohol sales. ' and iz,,hi priPn�ia n� , if gross receipts of alcohol exceed food y saleg, the Community Development Director-shall initiate proceedings to revolve the conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100-00 for each violation and each day the violation exists. . (1) 1,10 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS ICTIONS tt F (3) 2.11 No off-site sale or consumption ofalcohol for anyt pe of ABC license is authorized. All alcoholic beverages shall be consumed onsite. (5) 2.2 't . 4 outdoor seating shall be permitted unless separate conditional Use Permit i ppr v d pursuant to the current provisions of the Tustin city code* (2) 2,3 Flours of sales ofhaer- . . ,-grid alcoholic beverages shall be limited to the hours _hen food is available. Full service of food menu + items shall be available iffl. the within the entire restaurant during all business hours. (2) 2,4 operating Fours shall be consistent with the other businesses within the commercial outer. The closing hours shall be limited to 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. (2) 2.5 The menu of the -restaurant shall -consist of foods that are prepared on the premises. (1) 2.6 All persons-selling alcoholic beverages shall b e eighteen ' l .years of age or older and shall be supervised by someone twenty one!. 2 1 gears of age or elder. A supervisor shall be present in same area as point of sale. . i nil 5-41%OWI 1%.ONOW LJP%_FV%_#I.LAW%0%J %Willi VVI.Swill d &A&%.05&%A .+ k 2.7 The maximum number of seats-shall comply with the numberof available off-street parking spaces within the entire center. A regUest for additional seats, requires submittal of ai current panting summary., which must be revie gyred' and approved by the Community Development Department prig to incrarsing the number of seats. r f Exhibit Resolution No. 3655 Conditional Use Permit -02 February 22, 1999 Page I Gan enly nmprpta 41r"an th= nizorn'teno hnurc xxf-lize Ti %0%oP%%wg%A I%pft I A 1. i (2) 2.8 Live.entertainmdnt andP ublic dancing shall be located entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 Authorization for,the on-site sales of ber, wine and distilled spirits (ABC License Type "47" i contingent upon the use of the subject premises remaining a restaurant. Should this -use change or; be discontinued, authorization for this use permit is null and void. (7) .10 There shall be no coin operat d video games and no pool)/:billiard tables on the premises. _ lp (5) .11 The applicant shall obtain a Public Dancing Permit and,an Entertainment Permit from the Community Development Director prier{to offering public dancing and live entertainment on the premises. (5) 2.12 Anybar located within the facility shall function as ,a food/beve ra service bar. i (7) 2,13 N "bar seating' shall be permitted on the premises. • 7 2.14 The entire facility, which includes all three 3 levels, shall operate elusively as a restaurant at,all times. { -SITE PLAN, FLOOR PLATS & ELEVATIONS s y � (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed fixtures or equipment to be located on the roof of the building, equipment heights -and type of screening. All roof mounted ­ui ment, gents, exhausts or other roof -penetrations shall be. located ;a minimum of f. inches below the top of parapets. (3) 3.2 Three 3 inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking,space. 4 i I ki a A a Exhibit Resolution No. 3655 Conditional Use Permit 9 -029 February 22, 1999 Page r (5) 3.3 The project shall meet all applicable requirements set forth in the Tustin Security Code. relating to commercial structures, including lighting and locking devices. The City's Security ordinance requires that lighting at exterior doors, driveways, and parking areas shall provide a minimum of one 1 foot-candle of illumination. All exterior lighting shall be consistent with the center and arranged so as not to direct light or glare onto adjacent properties or streets. BUILDING DIVISION (3) In compliance with the Uniform Building Code {Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or. Engineer must submit building plans to the Building Division for review and approval. (3) 4.2 In compliance with the California Code of Regulations,ulations, Title 24 Part 2, Aoessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of a building permit. • i (3) In compliance with the Department of JusticeOffc of the Attorneys General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed project must comply with the Americans with Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City' code, Health Code) and prior to the issuance of a building permit, the designer, Architect or Engineer must submit plans to the orange County health Department for project approval; and must, submit the approved plans to the, City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 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 is dance of building R permits. Provisions shall be made by the applicant for the repair and maintenance of thestern, in a manner meeting the approval p' of the Fire y g Chief. Exhibit A i Resolution No. 3655 Conditional Use Permit98-029 February 2 , 1999 Page (3) 5street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement -plans with fire lanes shorn. The plans shall indicate 1 the locations of red curbing and signage. A drawing of the proposed signage with. the. height: stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. E. Prior to the issuance of the certificate of use and occupancy the approved fire Cane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES 4 (1) 6Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) .1 Within forty-eight s hours of approval of the subject project, the-applicant shall deliver to the Community Development Department, a cashiers 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 hour period that applicant has not delivered to the Community Development Department the above-noted -cher , the statute of limitations for any interested party t challenge the environmental determination under the provisions of the California Environmental Quality Act-could be significantly lengthened. :poreso/2nd LL.de I JDATE: F I PLANNING COMMISSION FROM: . COMMUNITY DEVELOPMENT DEPARTMENT ' ! SUBJECT: STATUS REPORTS , RECOMMENDATION- Receive and file. BACKGROUND - Please find attached the monthly status reports related to development activity in East Tustin and ether areas of the City. i There are two reports provided: F + t I Development Review Status Report- Citywide ' 2. East Tustin Residential Deveiopr e nt Monitoring Report ' Staff would he happy to respond to any questions the Commission, may have at the (meeting. t Caren Peterson Acting Senior Planner Attachments: Devel pr ent Review Status Report F + East Tustin F esidentEai Report IP: tatrp# COMMUNITY DEVELOPMENT DEPARTMENT CURRENT PLANNING PROJECT STATUS - NOT INCLUDING EAST rrUSTIN PROJECTS PROJECT STATUS LEGEND DATE OF REPORT: February 17, 1999 ' 01 - ORIGINAL SUBMITTAL 05 -•.PROJECT'APPROVED R SORT: LEGEND ITEMS 01-07 02 - RESUBMITTAL 06 - PLAN CHECK 03 - COMMENTS OUT/PENDING APPLICANT RESPONSE 07 - PERMITS ISSUED/UNDER CONSTRUCTION 08 - PROJECT COMPLETE TENTATIVE HEARING DATES 09 - WITHDRAWN - 10 -'EXPIRED 04.1 - ZONING ADMINISTRATOR 11 - DENIED 04.2 - PLANNING COMMISSION 12 - REVOKED 04.3 - CITY COUNCIL STATUS RESPONSE CASE # APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAFF DR 99-002 ,john &Dori Radice 180 A ST Porch Addition 01 02/08/99 03/01/99 Minoo Ashabi CUP98-036 Ability Plus 254 EL CAMINO REAL Ability Plus Expansion 02 02/08/99 03/01/99 Brad Evanson CUP98-037 David Smith/Bally Fitness 630 EL CAMINO REAL Health Club 02 02/12/99 03/04/99 Lori Ludi CUP98-018 Orange County Rescue Miss MCAS PA3 Emergency/Transitional Housing 03 09/03/98 Lori Ludi CUP98-030 Enterprise Rent-A-Car 3097 EDINGER ST Sign Plan Amendment 03 12/15/98 Brad Evanson CUP99-002 Consolidated Restaurants 13922 RED HILL AV New Drive-thru Restaurant 03 02/11/99 Brad Evanson DR 98-018 Orange County Rescue Miss MCAS PA3 Emergency/Transitional-Housing 03 09/03/98 Lori Ludi DR 98-022 William B. Standford O.D. 190 EL CAMINO REAL Remodel 03 09/25/98 Karen Peterson DR 98-024 RSL Consulting Engineers 235 E MAIN ST Reservoir and parking 03 10/01/98 Lori Ludi DR 98-025 Media One Power Supply Cabinets in ROW 03 09/28/98 Justina Willkom DR 98-030 Arnold Surfas 1/45 IST ST Exterior Modification 03 01/14/99 Minoo Ashabi DR 98-032 Arther Masaoka 140 A ST Demo/New Residence 03 01/07/99 Karen Peterson DR 98-034 Degeikas/Je€f Bergsma 765 EL CAMINO REAL Exterior Rehab 03 02/11/99 Lori Ludi. DR 98-035 Annette Hartolomucci 115 MAIN ST Building Renovation 03 01/14/99 Minoo Ashabi DR 98-035 Hal Woods 12569 NEWPORT AV New Building 03 01/19/99 Lori Ludi DR 99-001 Consolidated Restaurants 13922 RED HILL AV New Drive-thru Restaurant r 03 02/11/99 Brad Evanson SCE99-001 Consolidated Restaurants 13922 RED HILL AV Retain Existing Pole Sign Base - 03 02/11/99 Brad Evanson ZC 99-006 Hal Woods 12569 NEWPORT AV New Building 03 01/19/99 Lori Ludi CUP98-007 Alegre Associates 12972 NEWPORT AV Appeal - Lube/Oil Facility 04..2 03/22/99 Lori Ludi CUP9B-022 Jack Stanaland 13011 NEWPORT AV Add parking on vacant ROW 04.2 03/22/99 Justina Willkom. CUP98-029 Larry Smith 14131 RED HILL AV Restaurant/Lounge w/ABC/LE 04.2 02/22/99 Lori Ludi F CUP98-031 Akira Takashio 658 EL CAMINO REAL, Restaurant ABC 04.2 02/22/99 Justina Willkom Page 1 r 0 STATUS RESPONSE CASE # APPLICANT PROJECT ADDRESS DESCRXPTYON STATUS DATE DUE STAFF CUP99-003 Craig Wasserman 675-EL CAMINO REAL Entertainment Permit 04.2. 03/22/99 Scott Reekstin DR 98-007 Alegre Associates 12972 NEWPORT AV Appeal. - Lube/Cril Facility 04.2 03/22/99 Lori Ludi DR 98-026 Jack Stanaland 13011 NEWPORT AV Add parking on vacant ROW 04.2 03/22/99 Justina Willkom OPA99 001 Elmer Tiedje 15500 TUSTIN VILLAGE GPA "UNC" to "HDR" 04.2 02/22/99 Brad Evanson ZC 99-001 Elmer Tiedje 15500 TUSTIN VILLAGE Zr- "UNC" to "PD" 04.2 02/22/99 Brad Evanson CUP95-001 First Korean Baptist Chur 14272 CHAMBERS RD Church, Amend conditions for sidewalk 05 02/23/98 Minoo Ashabi CUP97-005 Bennett Architects 535 E MAIN ST Appeal Carwash/Service Station/Retail 05 _ 12/01/97 Karen Peterson CUP97-018 Mondu Suzay, Corp 13931 CARROLL WY ABC Type 41/Outdoor Seating 05 11/17/97 Brad Evanson CUP97-026 Jewerly Exchange 15762 TUSTIN VILLAGE• Master Sign Plan 05 03/09/98 Minoo Ashiba CUP97-028 'Batla Food Group 14501 RED HILL AV Appeal 4,000 s.f. Burger Icing/Demo vacant Wel 05 12/07/98 Brad Evanson CUP98-001 South Coast Farms 515 EL CAMINO REAL Farm & Produce Stand 05 03/09/98 Minoo Ashiba CUP98-006 Big Al's Pasta Power 13662 NEWPORT AV ABC Type 41 05 04/06/98 Lori Ludi CUP98-010 NEXTEL COMMUNICATIONS, IN 550 W 6TH ST Appeal - 57 foot mono pole/palm 05 10/19/98 Brad Evanson CUP98-011 Thomas R. Rossi EDINGER ST ABC Type 20 05 08/10/98 Karen Peterson CUP98-013 The Meridian Group 3017 EDINGER ST ABC Type 20 05 08/10/98 Karen Peterson -CUP98-014 Watkins Commercial Proper 17245 E 17TH ST Master Sign Plan 05 06/22/98 Lori Ludi CUP98-017 Birch Street Architects 1111 EL CAMINO REAL 1001 Office in Commercial District 05 OB/24/98 Karen Peterson CUP98-019 Pina's Bistro 640 W IST ST Outdoor Seating 05 08/24/98 Brad Evanson CUP98-020 Nieuport 17 Restaurant 13051 NEWPORT AV Outdoor Seating 05 08/31/98 Minoo Ashabi CUP98-021 IEA 630 E 1ST Sm New monument signs 05 09/28/98 Minoo Ashabi CUP98-023 Barbara Krull 1091 BRYAN AV 60 Student Preschool 05 01/11/99 austina Willkom CUP98-024 Ultraneon Sign Co. 17260 E 17TH ST Master Sign Plan 05 11/23/98 Brad Evanson CUP98-026 Alex Gaon 500 C ST Medical office use in R-3 zone. 05 02/08/99 Minoo Ashabi CUP98-027 John Zimmerman 14262 FRANKLIN AV Designation of parking w/i common area. 05 12/07/98 Minoo Ashabi CUP98-028 Dr. Craig/Dr. Lavach 2955 EDINGER ST Veterinary Hospital at Jamboree Plaza 05 01/05/99 Brad Evanson CUP98-033 Carlos Rodriguez 215 15T ST Classroom/Assembly Use 05 01/25/99 Minoo Ashabi CUP98-034 Oscar Montalvo 215 1ST ST Classroom - Driving School 05 01/25/99 Minoo Ashabi CUP98-035 Charles Spearman 215 1ST ST Office Use 05 01/25/99 Minoo Ashabi CUP99-001 Pham Thuy_ 682 EL CAMINO REAL Restaurant w/ABC 05 02/16/99 Brad Evanson DR 95-044 Michael. A. Murphy_&Assay 2832 DOW-AV Parking Lot Expansion _ 05 11/20/98 _ _ _ _ Justina_Willkom DR 96-001 Watkins Commercial Proper 17245 E 17TH ST Center Remodel - PAINTING 05 06/45/98 Lori Ludi. DR 96-007 Chevron USA 13052 NEWPORT AV Soil Remediation 05 04/01/96 Brad Evanson DR 96-009 Jack Carland 17421 JACARANDA AV Residential Remodel 05 02/29/96 Brad Evanson DR 96-056 The Meridian Group 3017 EDINGER ST Service Station/Conn. Market 05 07/28/97 Karen Peterson DR 97-009 Bennett Architects 535 E MAIN ST Appeal. Carwash/Service Station/Retail 05 12/01/97 Karen Peterson DR 97-031 City of Tustin 13331 FOOTHILL BL City Water Reservior Booster Pump 05 06/08/98 Lori Ludi DR'97-036 Satla Food Group 14601 RED HILT,AV Appeal 4,000 s.f. Burger King/Demo vacant Wel. 05 12/07/98 Brad Evanson DR 98-006 The Meridian Group EDINGER ST Service Station/Conv. Market/Drive-thru 05 06/19/98 Karen Peterson DR 98-008 NEXTEL COMMUNICATIONS, IN 550 W 6TH ST Appeal 57 foot mono pole/palm 05 10/19/98 Brad Evanson Page 2 STATUS RESPONSE CASE # APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAFF DR 98-009 AirTouch Cellular 13931 CARROLL WY Modify Existing Cela Site 05 04./23/98 Brad Evanson DR 98-013 McCausland, Charles &Ali 135 S A-ST Second Dwelling Unit 05 02/09/99 Minoo Ashabi DR 98-014 FF Development, LLC 1602 NISSON RD Orange Gardens - Parking Lot/Remove 10 Units 05 10/22/98 Brad Evanson DR 98-017 BORUSKY, THOMAS J 160 N B ST Residential Remodel 05 07/28/98 Lori Ludi DR 98-019 Nextel Communications 17592 E 17Th ST Roof top cell site 05 08/27/98 Brad Evanson DR 98-021 Warmington Homes 765 EL CAMINO REAL 38 Single Family Detached 05 12/07/98 Lori Saudi DR 98-023 Custom Signs, Inc, 1091 OLD IRVINE BL Neon Sign, Paint/Reface pole sign 05 09/14/98 Brad Evanson DR 98-028 KRULL, BARBARA J. 1D91 BRYAN AV 60 Student Preschool 05 01/11/99- Justina Willkom DR 98-033 Office Depot 13721 NEWPORT AV Office Depot/Remodel 05 02/08/99 Lori Ludi DR 98-037 Jerry Soxman/Leslie Mitch, 13792 MALENA DR Room Addition/Remodel.. 05 02/09/99 Justina Wilkom SCE97-002 California Star Restauran 1222 IRVINE BL Increase Secondary Sign Area/Neon 05 12/08/97 Minoo Ashiba SCE97-003 Rreef IV, Inc. 1140 IRVINE BL 50 s.f secondary sign 05 12/08/97 Brad Evanson SCE98-003 PBMS 2521 MICHELLE DR Increase sign area 05 08/10/98 Lori Ludi SCE98-004 Chevron Products Company 17241 E 17TH ST New service station, convenience market, ABC 05 10/12/98 Karen Peterson SCE98-005 Steve Birckett/Chevron 17241 17TH ST Monument Sign - Exceeds allowable sign area. 05 12/14/98 Minoo Ashabi TPM94-154 Valley/ Consultants, Inc. 174:E MAIN ST two lot subdivision 05 08/05/96 Brad Evanson TPM97-117 Bennett Architects 535 E MAIN ST Carwash/Service Station/Retail 05 12/01/97 Karen Peterson TPM98-161 DeBeikes Investment Compa 765 EL CAMINO REAL Lot Split for Conyence Purposes 05 11/02/98 Justina Willkom TT 15707 Warmi.ngton Homes 765 EL CAMINO REAL 38 Single Family Detached 05 12/07/98 Lori Ludi UD-98 001 Oscar Montalvo 215 1ST ST School in FSSP 05 01/25/99 MINOO ASHABr VAR98-002 PFS 18410 2RviNE BL Reduction of Parking 05 08/20/98 Minoo Ashabi VAR98-004 Sullivan Property Managem 16661 MC FADDEN AV Increase Fence Height in Front 05 11/09/98 Minoo Ashabi VAR98-005 E/C Engineering 1452 EDINGER ST Equipment Building encroaching into Streetsid 05 10/26/98 Minoo Ashabi ZC 98-002 Warmington Homes 765 EL CAMINO REAL R-3 to PC Re-assigned to ZC 98-004 05 12/07/98 Lori Ludi ZC 98-003 Dr. Craig/Dr.. Lavach 2955 EDINGER ST Veterinary Hospital at Jamboree Plaza 05 01/05/99 Brad Evanson ZC 98-005 Elmer Ti.edje 15500 TUSTIN VILLAGE ZC from Unclassified to PD; Parcel 1. 05 01/19/99 Brad Evanson CUP96-020 Service Station Services 13891 RED HILL AV Time Extension -- Station Remodel 06/03 07/06/98 Minoo Ashabi CUP97-006 Richard Rengel 333 EL CAMINO REAL Office Addition 06/03 06/09/98 Karen Peterson r CUP97-009 L.A. Cellular 1123 WARNER AV major wireless facility 06/03 02/18/98 Karen Peterson CUP98-016 Chevron Products Comnpany 17241 E 17TH ST New service station, Convenience market, ABC 06/03 10/12/98 Karen Peterson DR 96-031 Service Station Services -13891 RED HILL AV Time Extension - Station Remodel 06/03 07/06/98 Minoo Ashabi DR 97-012 Richard Rengel 333 EL CAMINO REAL Office addition 06/03 06/09/98 Karen Peterson DR 97-016 California Pacific Equiti EDINGER ST 125,000 s.f Center Buildout 06/03 06/29/98 Brad Evanson DR 9B-016 Chevron Products Comnpany 1.7241 E 17TH ST New service station, convenience market, ABC 06/03 10/12/98 Karen Peterson TPM97-164 California Pacific•Equiti EDINGER ST Comm/Ind. Subdivision; 125,000 s.f Cente'r Bui 06/03 06/29/98 Brad Evanson ZC 97-004 RBC Americorp, Inc. NO SITUS Self Serve Carwash 06/03 07/08/98 Karen Peterson CUP80-021 Windsor Garden Apartments 1551 MITCHELL AV1 CONDOMINIUM CONVERSION 07 12/14/92 Karen Peterson CUP95-026 Dane Counts 600 W 6TH ST church 07 03/11/96 Brad Evanson Page 3 r I ` � I STATUS RESPONSE CASE # APPLICANT PROJECT ADDRESS DESCRIPTION STATUS DATE DUE STAFF CUP96-011 Kitty & Scott Siino 115 E 2ND ST 1,485 s.f. Office/Commercial 07 10/24/97 Scott Reekstin CUP96-019 James Kincannon 14752 HOLT AV 10 Person Rest Home 07 04/16/98 Lori Ludi CUP96-041 Sonia Denham Farshidin 14122 RED HILL AV Office use in CG 07 01/20/98 Lori Ludi DR 95-037 Ralph Turner 235 S MYRTLE ST Remodel/Addition 07 02/05/96 Karen Peterson DR 95-043 E. Myron Yanes 145 N H ST Room Addition 07 05/15/96 Brad Evanson DR 96-020 Kitty & Scott Sii.no 115 E 2ND ST 1,485 s.f. Office/Commercial 07 10/24/97 Scott Reekstin DR 96-044 Kimberly Barnhard 265 S PACIFIC ST Room addition and detached garage -'Old Town of 10/10/96 Karen Peterson DR 95-053 MC WILLIAMS, TRAVIS 0 328 W 3RD ST Roof Remodel 07 01/17/97 Karen Peterson DR 97-010 Aleksandar Maekovski 13472 EPPING WY Room Addition 07 09/25/97 Karen Peterson DR 97-012 Patrick Mattison 510 S B ST Room Addition 07 10/01/97 Karen Peterson DR 97-015 J.M. Consulting Group 900 W IST ST Cell Site in Existing Sign 07 12/08/97 Karen Peterson DR 97-018 Julie Chamberlain Archite 158 N MOUNTAIN VIEW D Residential Remodel 07 01/16/98 Brad Evanson DR 97-033 Kajima Associates, Inc. 1100 VALENCIA AV 71,800 square foot manufacturing/warehouse ad 07 07/09/98 Karen Peterson DR 97-034 Terry Tull 165 S PACIFIC ST Room Addition 07 06/29/98 Minoo-Ashabi DR 9B-020 Akira Takashio 455 W MAIN ST Residential Remodel 07 07/28/98 12/18/98 Karen Peterson VAR96-00.4 Insignia O'Donnell Ccmmer 1150 VALENCIA. 10' fence 07 02/02/98 Brad Evanson VAR97-003 BERKHEIMER, DONALD G 2362 SABLE TREE CI Reduce rear setback from 20 to 10 feet 07 03/04/98 Brad Evanson VAR98-001 Maddux Construction 14681 EVANSTON CI Room Addition, Reduce rear yard setback 07 05/24/98 Minoo Ashabi *•+ END OF REPORT **• r Page 4 . COMMUNITY DEVELOPMENT DEPARTMENT , CURRENT PLANNING PROJECT STATUS - EAST TUSTIN PROJECTS PROJECT STATINS LZGEND DATE OF REPORT: February 17, 1999 01 - ORIGINAL SUBMITTAL 05 - PROJECT APPROVED- SORT: LEGEND ITEMS 01-07 02 - RESUBMITTAL 06 - PLAN CHECK 03 - COMMENTS OUT/PENDING APPLICANT RESPONSE 47 - PERMITS ISSUED/UNDER CONSTRUCTION 08 - PROJECT COMPLETE TENTATIVR,HEARING DATES 09 - WITHDRAWN 10 - EXPIRED 04.1 - ZONING ADMINISTRATOR 11 •- DENIED 04.2 - PLANNING COMMISSION 12 - REVOKED 04.3 - CITY COUNCIL PROTECT LOCATION STATTIS RESPONSE CASE # APPLICANT LOT TRACT DESCRIPTYON STATUS DATE DUE STAFF DR 95-045 HOME DEPOT Monitor outside display area 02 12/13/98 Karen Peterson CUP98-025' The Church 7 12870 900 Seat Church/Pre School 03 11/11/98 Lori Ludi DR 98-029 The Church 7 12870 904 Seat Church/Pre School 03 11/11/98 Lori Ludi DR 9a-031 Frank nennett Development of 2 pads in.Tusrin Annex 04.2 03/22/99 Lori Ludi CUP98-015 Pointe West, Inc. Outdoor inline skate safety classes 05 07/13/98 Minoo Ashabi CUP98-032 Stuart Anderson's Amendment-Marketplace Sign Program 05 01/11/99 Brad Evanson DR 97-019 Rielly Homes, Inc. 19 12870 Add New Recreation Facility 05 02/23/98 Karen Peterson DR 97-026 Jeffery A. Matzek & ASSOC 15 Office/Classroom Addition - Phase 2 05 02/23/98 Karen Peterson DR 98-010 The Good Guys 2,700 s,f. addition 05 10/19/98 Minoo Ashabi DR 98-012 BrookField Homes 9 13527 114 s£d 05 12/07/98 Karen Peterson DR 98-027 James H. Parkinson Exterior remodel/Remove canopy & office build 05 10/01/98 Lori. Ludi 11R 98-042 BrookField Hames 9 13627 114 sfd 05 12/07/98 Karen Peterson MA 99-001 Irvine Community Developm Minor adjustment for gate height. 05 02/04/99 Brad Evanson TT 15574 Rielly Homes, Inc. 19 12870 Add New Recreation Facility/Amend Map 05 03/62/98 Karen Peterson TT 15681 BrookField Homes 9 13527 114 sfd 05 12/07/98 Karen Peterson- CUP91-008 Lewis Homes of California 8 13627 3rd Amend. Cluster Development (LOTS 7/8) 07 11/25/96 Brad Evanson CUP96-004 Lewis Homes of California 8 13527 Cluster Development 07 05/28/96 Brad Evanson CUP96-032 Catellus Residential Grou 11 13627 122 sfd-Cluster Development 07 ,02/24/97 'Brad Evanson CUP97-001 Baywood Development Group 53 sfd cluster development 07 09/22/97 Brad Evanson CUP98-012 City of Tustin Lighting for Roller Hockey and Basketball Cou 07 06/01/98 Minoo Ashabi DR 96-037 Lewis Homes of California 8 13627 New SFD Product (Lots 7/8) 07 11/25/96 Brad Evanson Page 1 r PROJECT LOCATION STATUS RESPONSE CASE # APPLICANT LOT TRACT DESCRIPTION STATUS DATE DUE ST"r DR 96-045 Catellus Residential Grou 11 13627 122 sfd/3 products 07 02/2.4/97 Brad Evanson DR 96-050 Mr. Mel Mercado 27 13627 162 SFD 07 01/19/98 Minoo Ashabi DR 96-054 The Irvine Company 24 13627 113 Custom Horne Sites, Equestrian Center 07 02/12/98 Karen Peterson DR 96-057 John Laing Homes 4 12870 75 SFD 07 04/16/98 Logi Ludi DR 97-001 Baywood Development Group 53 sfd cluster development 07 09/22/97 Lori Ludi DR 97-014 LPA, Inc. Auto dealer/museum 07 04/09/98 Minoo Ashabi DR 97-030 Kaufman &Broad Coastal, 19 13627 130 SFD 07 04116/98 Lori Ludi DR 97-035 Warmington Homes 26 13627 44 sfd 47 07/09/98 Karen Peterson DR 98-005 PlanCom, Inc. 15 13627 Cell, Site 07 05/28/98 Minoo.Ashabi DR 98-015 Standard Pacific 24 13627 46 sfd on Tract 15563 07 10/15/98 Karen Peterson HR 95-001 Lewis Homes of California 8 13627 2nd Amend. Hillside Review (LOTS 7/8) 07 11/25/96 Brad Evanson HR 96-001 Catellus Residential Grou 11 13627 122 sfd 07 03/17/97 Brad Evanson HR 96-002 The Irvine Company 24 13627 113 Custom Rome Sites, Equestrian Center 07 02/12/98 Karen Peterson HR 98-001 Warmington Homes 26 13627 HILLSIDE REVIEW 07 06101/98 Karen Peterson TT 14396 Irvine Community Developm 24 13627 .113 Custom Home Sites, Equestrian Center 07 02/12/98 Karen Peterson TT 14410 Lewis Homes of California 8 13627 2ND AMENDMENT 171 SFD (LOTS 7/8) 07 12/36/96 Brad Evanson TT 14797 CATELLUS RESIDENTIAL GROU 11 13627 122 sfd 07 03/17/97 Brad Evanson TT 15380 Mr. Mei Mercado 27 13627 162 SFD, Amend Conditions 07 01/19/98 Minoo Ashabi TT 15420 John Laing Homes 4 12870 75 SFD 07 01/30/98 Lori Ludi TT 15427 Baywood Development Group Amend Conditions, 53 sfd cluster development 07 08117/98 Lori Ludi ' TT 15568 Kaufman & Broad Coastal, 19 13627 130 SFD 07 04/16/98 Lori Ludi TT 15601 Warmington Homes 26 13627 44 sfd 07 06/01/98 Karen Peterson VAR97-002 LPA, Inc. Reduce rear setback/increase height 07 04/09/98 Minoo Ashabi *** END OF REPORT *** Page 2 i .. I eport to the Planning Commission * i i DATE: FEBRUARY 22, 1999 SUBJECT: CITY CO U N C I L ACTI ONAGENDA, FEB RUARY 16 1999 PRESENTATION: ELIZABETH A. EI SACK, DIRECTOR COMMUNITY DEVELOPME lT'I EPAl T iENT ATTACHMENT: CITY COUNCI L ACT1 ON AGENDA- FEBRUARY 1 , 11999 { F ! i _ 1 { ACTION AGENDA CITY COUNCIL REGULAR MEETING FEBRUARY 16, 1999 , dL , 7:03 P.MCALL TO ORDER GIVEN INVOCATION - Pastor Dane Counts, Kings Way Church GIVEN PLEDGE OF ALLEGIANCE ALL PRESENT ROIL CALL PRESENTED - PROCLAMATION - Arbor Day PRESENTED PRESENTATION - (1) Transportation Corridor Agency Overview, Russell Zapalac.(2) State-of the Tustin 'Pride, Carol . Bone; and (3) Vector Control Status Report, Fabie Combs PUBLIC INPUT JAMES FIORE: SPOKE IN OPPOSITION TO THE COMMUNITY - JOHN GARNER: DEVELOPMENT DEPARTMENT'S DECISION T4 CLOSE THE FRANK CAMERA: MILK DELIVERY DECK AT ALTA DENA 'DAIRY RESULTING 1N BOSS OF EMPLOYMENT FOR 30 MIl.K1YlEN, COUNCIL CLARIFIED THAT ALTA DENA DAIRY HAD CHOSEN NOT TO COMPLY WITH A.CURRENT CUP RESULTING IN THE CLOSURE AND. DIRECTED THE SPEAKERS TO MEET WITH STAFF AND ALTA DEKA REPRESENTATIVES TO RECEIVE COMPLETE DOCUMENTATION RELATING TO THE MATTER CARL HATTERMANN: SPOKE IN OPPOSITION TO CITY'S MEMBERSHIP IN ORANGE COUNTY REGIONAL AIRPORT AUTHORITY KAREN CORUIYI: PROTESTED THE CITY'S PLAN TO REMOVE A TREE 1N SHERRI CHILISOLO: THE PUBLIC RIGHT-OF-WAY AT 160 LOCKWOOD PARK PLACE, STAFF RESPONDED' THAT THE SIDEWALK AT THAT LOCATION WOULD BE LEVELED, THE TREE WOULD BE MONITORED FOR FUTURE SIDEWALK DAMAGE, AND THE TREE WOULD NOT BE REMOVED AT THIS TIME. Action Agenda—City'Council February 16, 1999— Page 1 PUBLIC HEARING ( ITEM 1 ) APPROVED STAFF 1. CITIZEN'S OPTION FOR PUBLIC SAFFTY (COPS) RECOMMENDATION PROGRAM' SUPPLEMENTAL LAW ENFORCEMENT - SERVICES FUND (SLESF) In 1996, AB 3229 was enacted calling for supplemental funding for public safety services. Recommendation by'the Police Department: 1. Open and close the Public Hearing- F 2. Consider the Police Departmens recommendation for fihe use of subject funds. CONSENT CALENDAR ( ITEMS 2 THROUGH 13 ) t SALTARELLl: REQUESTED APPROVAL. OF FINAL PARCEL MAP 97-164 BE ADDED TO THE AGENDA AS AN EMERGENCY ITEM. MOTION, CARRIED 5-0. IT WAS MOVED, SECONDED AND CARRIED TO ADOPT THE FOLLOWING` -RESOLUTION NO. 99-7: RESOLUTION N0. 99-7 -- A-. RESOLUTION OF THE CITY . COUNCIL. 0F THE CITY • OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 97,0164 LOCATED AT THE NORTHWEST CORNER PARCEL , JAMBOREE ROAD AND • EDINGER,AVENUE ' APPROVED 2. APPROVAL OF MINUTES — FEBRUARY 1,. - 1999 REGULAR MEETING Recommendation: Approve the City; CotinciJ Minutes of . February 1, 1999. APPROVED 3. APPROVAL OF DEMANDS AND ',.RATIFICATION OF PAYROLL. Recommendation: Approve Demands in the amount of $299,212..03 and ratify Payroll in . the amount of $360,401.66. . APPROVED - 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO..15350 (RANCHO , SANTA FE) .Recommendation; Accept all public improvements within Tract No. 15350 and authorize release of the following bonds for the indicated ilamaunts: Faithful - Performance' Bond No. 18-41-71, .$188,000.00; Labor Action Agenda= City Council February 16, 1999 — Page 2 and Materials Bond No. 18-41-71, $94,000.00; and Monumentation Bond No. 18-41-72, $10,000.00 as recommended by the Public Warks Department/ Engineering Division. ADOPTED 5. RESOLUTION N0. 99-17 - A RESOLUTION 0F THE CITY RESOLUTION COUNCIL. OF THE CITY OF TUSTIN, CALIFORNIA, NO, 99,-17 FINDING AND DETERMINING . THE INDUSTRIAL DISABILITY OF KEITH ARRANTS Recommendation: Adopt Resolution No. 99-17 finding and determining the industrial.disability of Keith Arrants with an effective retirement date of February 1, 1999 as reviewed and approved by the Retirement Review Board. ADOPTED 6. RESOLUTION N0. 99-15 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL 0F THE CITY DF TUSTIN, CALIFORNIA, N0. 99-15 APPROVING PROGRAM SUPPLEMENT AGREEMENT N0. 001-M TO UPDATED ADMINISTERING AGENCY-STATE MASTER AGREEMENT N0. 12-5271 FOR THE RED HILL AVENUE REHABILITATION PROJECT (CEP N0. 700124) Recommendation: Adopt Resolution No. 99-15 approving Supplement Agreement No. OOZ-M to Administering Agency-State Agreement No. 12-5271 and authorize the Mayor and City CIerk to execute said agreement on behalf of the City of Tustin as recommended by the Public Works Department/ Engineering Division. ADOPTED 7. RESOLUTION N0. 99-14 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY DF TUSTiN, CALIFORNIA, N0. 9944 APPROVING THE UPDATED ADMINISTERING AGENCY- STATE MASTER AGREEMENT N0, 12-5271 Recommendation: Adopt Resolution No. 99=14 approving the updated Administering Agency-State . Master Agreement No. 12-5271 and authorize the Mayor and City Clerk to execute said agreement on behalf of the City of Tustin as recommended by the Public Works Department/Engineering Division. RATIFIED 8. PLANNING COMMISSION ACTION AGENDA-- FEBRUARY 811999 All actions of the Planning Commission become final unless appealed by the City Council` or member of the . public. Recommendation: Ratify the Planning Commission Action Agenda of February 8, 1999. Action Agenda--City Council February 16, 1999 — Page 3 APPROVED 9, 1997-98 REDEVELOPMENT AGENCY'ANNUAL REPORT Recommendation: (1) Receive and file the Annual Report for 1997-98 and (2) Direct, a copy of subject report , be filed with the Stade Controller as recommended by the Redevelopment Agency staff. ' APPROVED 10. TUSTiN MUNICIPAL. EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: -Authorize the City Manager to execute the Memorandum of Understanding two-year agreement ending December 31, 2000, between the City and the Tustin Municipal Employees Association, representing non-sworn/non-management employees as recommended by Personnel Services. . APPROVED 11. DENIAL OF CLAIM NO,. 99-2, CLAIMANT: ERIC HUANG 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. ADOPTED 12. RESOLUTION N0. 99-19 .- A RESOLUTION OF THS CITY • RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, N0. 99-19 REAPPOINTING GEORGE W. JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 1'999 Recommendation: Adopt Resolution No. 99-19 and . authorize the Mayor to execute Amendment No. I to the Agreement for the Services of George W. Jeffries as recommended by the City Attorney. ADOPTED 13. RESOLUTION N0. 99.16 - A RESOLUTION 0F THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN; CALIFORNIA, N0. 99-Z6 RELATING TO THE COMPENSATION?, OF CONFIDENTIAL EMPLOYEES' Recommendation: Adopt Resolution No. 99-16 granting salary increases to confidential employees of 2% effective January 1, 1999; 2% effective July 1, 2000; increases in health and welfare program; and including this unit with the change in the Public Employees Retirement Pian to 2% at 55 as other miscellaneous employees as recommended by Personnel Services. • Action Agenda.—City Council February 15, 1999,—Page 4 REGULAR BUSINESS ( ITEMS 14 THROUGH 16 ) ADOPTED - 14. ORD]NANCE N0. 1211, ORANGE COUNTY TAXI - ORDINANCE ADMINISTRATION PROGRAM N 0. 1211 Ordinance No. 1211 had first reading by title only and . introduction at the February ]., 1999 City Council meeting. Recommendation by the City Clerk's Office: 1. Have second reading by title only of Ordinance No. 1211. 2:With a roll call vote, adopt the following Ordinance No. 1211: ORDINANCE N0. 1211 - AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING .ARTICLE 3, CHAPTER 4, PART J. OF THE TUSTIN CITY CODE RELATING TO THE REGULATION. OF TAXICABS AND ADOPTING A NEW UNCODIFIED ORDINANCE PURSUANT TO THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM CONTINUED TO 15'0 1998-99 MID-YEAR BUDGET REVIEW 3/1 MEETING A review of the City's first six months of operations under the adopted 1998-99 budget. .Recommendation: Pleasure of the City Council. APPROVED STAFF 16. AUTHORIZE STAFF TO PREPARE COST ESTIMATES FOR RECOMMENDATION THE PERMANENT INSTALLATION OF DIAGONAL PARKING IN A SECTION OF EL CAMINO REAS. IN OLD TOWN On March 16, 1998, the City Council authorized the . installation of diagonal parking along a section of El Camino Real on a temporary test basis. During the test period, information was to be obtained so. that an analysis could be done on the effect the diagonal parking had upon traffic. volumes, changes to traffic patterns, and impacts on the businesses along the street. Recommendation. by the Redevelopment Agency and 4(K Public Works Department: Direct staff to prepare ,Action Agenda —City Council February 16, 1999—Page 5 estimates of probable cost for, the design and construction of diagonal parking spaces along EI Camino Real from First Street to 300 feet south of Sixth Street. The estimate shall include the cost of permanent striping of diagonal parking spaces, design and construction of end-islands (including landscaping, low • level walls, and other enhancements), ongoing maintenance costs, phasing opportunities and funding sources. Once the estimates are prepared; staff siall bring this matter back for further consideration by the City Council. NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS POTTS: REITERATED HIS DESIRE TO PROCEED WITH AGGRESSIVE REDEVELOPMENT ACTIVITIES INCLUDING _ RENOVATION 0F THE TUSTIN HIGH SCH00l. BASKETBALL COURTS AND AN INTEREST-FREE LOAN TO THE SCHOOL DISTRICT FOR PURCHASE OF BLEACHERS AT TUSTIN HIGH SCHOOL • ANNOUNCED CLOSED SESSION - The City Council shall convene in closed session to confer with the City Attorney pursuant to Government Code Section 54956.9 regarding pending litigation to which the City is a party: (1) City of Tustin vs. Wilde,' et.al (consolidated with Caltrans vs. Wilde, et.al) (Case Nos. 762346 and 741,682); and to confer with its • labor negotiator, William A. Huston, regarding unrepresented employees. 9:03 P.M. ADJOURNMENT - The City Council has scheduled a joint . meeting with the Parks and Recreation Commission- on March 1, 1999, at 5:30 p.m. in the Community Center; and the next regular meeting of the City CocanciI is scheduled for Monday, March 1, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda— City Council February 16, 1999—Page 6, ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 16, 1999 9:03 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 4 ) APPROVED I. APPROVAL OF MINUTES — FEBRUARY 3., 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of February 1, 1999. APPROVED 2. . APPROVAL OF DEMANDS Recommendafiion: Approve Demands in the amount of $159,101.92. RECEIVED 3: 1997-98 ANNUAL REPORT AND FILED Redevelopment Law requires that the Redevelopment Agency submit to the Legislative Body an annual report for the preceding fiscal year. Redevelopment Agency _ staff has, prepared and submitted this report to the City Council. Recommendation: Receive and file the Annual Report for 1997-98 as recommended by the Redevelopment Agency staff. APPROVED STAFF 4. APPROVAL OF CONSULTING SERVICES AGREEMENT RECOMMENDATION FOR THE PREPARATION OF A PLAN AMENDMENT FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA Agency approval is requested to authorize the Assistant City Manager to execute a Consulting Services Agreement for the preparation of an amendment to the South Central Redevelopment Plan to reestablish the , Agency's eminent domain authority in the Redevelopment Project Area. Action Agenda—Redevelopment Agency February 16, 1999—Page 1 a Recommendation: Authorize the Assistant Cit} Manager to execute a Consulting Services Agreement by and between the ;Tustin Community Red veto rnent Agency ± and Rosenow Spe ac k Group, Inc. as recommended t the Redevelopment Agency staff. NONE OTHER BUSINESS NONE CLOSED SESSION - bone 9:05 P.M. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, March 1, + 1999, at 7:00 p.m. in the Council - Chamber at Soo Centennial War. fJ 4' J S' { J i `1 1 Y i Action Agenda—Redevelopment Agency February 1 , 1999—Page