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HomeMy WebLinkAbout02-08-99 PC PACKET AGENDA. TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 8, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Kozak INVOCATION: Commissioner Browne ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of-the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS. THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE.SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. .CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ` ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR . PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) • k Planning Commission Agenda February 8, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the January 25 '1999 Planning Commission Meeting. PUBLIC HEARINGS: 2. Conditional Use Permit 98-026 a request to establish a medical office in an existing structure. The project is located at 500 S. C Street within the Multiple Family Residential R-3 zoning district. APPLICANT: BENNETT ARCHITECTS GREGORY BENNETT PROPERTY OWNERS: ALEX AND MARIA GAON Recommendation That the Planning Commission either: A) 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. Presentation: Minoo Ashabi, Assistant Planner 3. Conditional Use Permit 98-029 a request for on-site sale of alcoholic beverages (ABC License Type "47") in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the C-1- (10,000) zoning district. APPLICANT/ LARRY SMITH PROPERTY OWNER: RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Presentation: Lori Ludi, Associate Planner Planning Commission Agenda February 8, 1999 Page 3 REGULAR BUSINESS: STAFF CONCERNS: , 4. Re ort on Actions taken at the February 1 1999 Ci Council Meeting Presentation: Elizabeth A. Binsack, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on February 22, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEM #1 " MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 25, 1999 CALL TO'ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious INVOCATION: Commissioner Jones ROLL CALL: Chairperson Pontious, Browne, Davert, Johes,.Kozak Commissioners: Present: Chairperson Pontious Vice Chair Kozak Browne Davert Jones Absent: None Staff: Elizabeth A. Binsack, Director Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Minoo Ashabi, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: - (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT '(714) 573-3106.- CONSENT CALENDAR: '(ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS.TO. `OF . THE COMMISSION, STAFF -OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED it Planning Commission Minutes 4anuary 25, 1999 Page 2 FROM THE 'CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the Janua 11, 1999 Planning Commission Meeting. . Commissioner Davert moved. Commissioner Jones seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional'Use Permit 98-033 a request to establish a counseling service for Alcoholics Anonymous in an office building. The project is located at 215 W. First Street, Suite 202, 203 & 204. The project is located within the First Street Specific Plan. APPLICANT: GRUPO A. A. CENTRO AMERICA CARLOS A. RODRIGUEZ .PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution No. 3648 approving Conditional Use Permit 98-033. 3. Use Determination 98-001 and Conditional Use Permit 98-034 a request to operate a driving school that conducts off-site driving lessons and on-site academic driving.school•for minors ages 15-17 in an 'office building. The project is located at 215 W. First Street, Suite 201 and 205 within the First Street.Specific Plan. APPLICANT: OSCAR MONTALVO AMERICAN DRIVING SCHOOL PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution Nos. 3649 and 3450 approving Use Determination 98-001 and Conditional Use Permit 98-034 to allow an instructional facility with approval of a Conditional Use Permit Planning Commission.Minutes January 25, 1999 Page 3 - within the Office as Primary Use designation of First Street Specific Plan (FSSP}. 4. Conditional Use Permit 98-035 a request to operate a contractor's office in an office building. The project is located at 215 W. First Street, Suite 207 within the First Street Specific Plan. APPLICANT: NATIONAL RAIN GUTTER PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution No. 3651 approving Conditional Use Permit 98-035. The Public Hearings for Items 2, 3 and 4 were all opened at 7:03 p.m. Minoo Ashabi presented the subject reports and amended conditions as follows: Resolution No. 3648— Condition 1.6 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property.owner and/or operator for each violation and each day the violation exists." Resolution No. 3649 —the word "conditionally" was misspelled in the subject paragraph Resolution No. 3650 — Condition 2.1 was revised to read "The number of students shall be limited to 20 students per day at any one time. Add new Condition 2.7 to read "The number of company owned passenger vehicles parked on-site shall be limited to four (4). All passenger vehicles shall be stored on site-in designated stalls as shown on Exhibit B. Passenger vehicles shall not be picked up or returned to the site before 7:00 a.m. or after 9:00 p.m. Monday through Friday and before 9:00 a.m. and after 5:00 p.m. on Saturday." Condition 1.6 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution- is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists." Resolution No. 3651 —Condition 1.3 was deleted Two new conditions added as follows: 2.5 -- "Construction vehicles parked on-site shall be limited in size to two axles and may not extend beyond the length or width of the V Planning-Commission Minutes January 25, 1999 Page 4 standard parking stalls. All construction vehicles shall be stored on site in designated stalls as shown on Exhibit B. Any materials stored in said vehicles shall be fully.enclosed and not visible from the public right of way." 2.6 — "All construction vehicles shall be stored on site in designated stalls as shown on Exhibit B." Condition 1.7 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists." Manuel Ysais, Grupo AA Centro America, stated the group serves this region and is in agreement with all the conditions. Steve Montalvo, American Driving School, stated they park their cars as far as possible from Mr. Gross' home and are in agreement with all the conditions. Chuck Spearman, National Rain Gutters, stated that Mr. Gross has attacked his character, several neighbors rescinded signing Mr. Gross' petition and he is in agreement with the conditions. Raul Castenada, Grupo AA Centro America, stated that the group provides a service for Tustin residents at no charge and would also like to meet for administrative purposes one Sunday a month from 4:00 to 10:00 p.m. Commissioner Davert inquired if they could meet at another time. Raul Castenada, Grupo AA Centro America, stated they could possibly meet on Sunday morning. Irwin Gross, 125 N. "B" Street, noted the documents he submitted for the Commission's consideration and stated his concerns about noise from the neighboring businesses and that a wall is required by law. Natalie Wilcoxon, former employee National Rain Gutters, stated that she was appalled at the attack on Mr. Spearman's character and business. Chung Lin, property owner, stated that he has tried to accommodate Mr. Gross' complaints by adding a gate on the trash enclosures, increasing trash. pick-up and adjusting the lighting. He noted that his tenants will comply with the conditions. Commissioner Davert asked the property owner if he had investigated building•a wall. Chung Lin responded that he would share the cost of building a wall with Mr. Gross. Commissioner Davert inquired if the owner had any future plans for the building. Chung Lin replied that he did not have any future plans for the building. Planning Commission Minutes January 25, 1999 Page 5 Chairperson Pontious inquired if there was any thought to raising the hedge. Chung Lin responded that they do.not trim the top of the hedge, only the sides. David Grant, 130 N. "C" Street, stated that he has never experienced a great amount of noise due to the commercial businesses. Randy Solomon, tenant at 215 W. First St., stated that Mr. Gross is irrational and he does not wish to see Mr. Lin pay for a wall. Alvaro Perez, Grupo AA Centro America, stated his fear that the group may need to exceed the 30 person limit. Angela Renderos, Grupo AA Centro America, stated her concern that. the group may exceed the 30 person limit in the future for special events. Chuck Spearman inquired if he could go to his office outside of the regular business hours. Chairperson Pontious stated that staff will address those questions. The Public Hearings closed at 7:52 p.m. The Director addressed the questions as follows: • The First Street Specific Plan requires a wall for new developments when a residence ajoins a commercial development; however, this building was developed prior to the adoption of the Specific Plan. Staff does not feel there are findings to warrant building a wall; but if after the public hearing, the Commission feels there are findings, they may require the wall. The occupancy limit is based on square footage, type of uses and number of parking spaces on the site. While the building code might allow for larger occupancy, staff does not feel it is warranted. If, in the future, the businesses would like to modify the limit, they can make that request to the 'Planning Commission. Conversely, if there is a problem, staff can bring the conditional use permit application before the Commission to reduce the occupancy. • The applicant may not exceed the occupant load established by the Uniform Building Code but they may request a temporary use permit for a special event to exceed the,established occupant load. • With' respect to contractor related functions, individuals cannot perform . construction related activities until after 7:00 a.m. Planning Commission Minutes January 25, 1999 Page 6 Chairperson Pontious asked if the applicant could go into the office to do office work. The Director stated that the resolution makes that' distinction by using the term "construction:-type vehicle", passenger vehicles would be permitted. The zoning ordinance currently does not impose those restrictions on any office use, much like a residence. Randy Solomon indicated that he felt it was the tenant's right to start their vehicles before 7:00 a.m. The"Director stated that this is a discretionary action and one reason why contractor's offices are of concern. and are a conditionally permitted use in these kinds of zones, is that often they contain larger trucks with equipment and contracting related materials. If a National Rain Gutter car the size of a sports utility vehicle were brought onto'the site with no equipment or construction related 'materials, that would not be a problem. Commissioner Jones asked for confirmation that National Rain Gutter has off-site storage of construction materials. The Director answered affirmatively. Commissioner Davert noted that Commission is not aN penal body and the past is not relevant. Commissioner Jones stated that Grupo AA Centro America is an important community service and noted willingness of applicant to comply with the conditions. Chairperson Pontious noted that her grandfather was a co-founder of AA in Columbus, Ohio. Commissioner Davert stated that he is pleased to see these businesses come into compliance and remain in the City of Tustin. Commissioner Kozak noted willingness of applicant to bring their operation into compliance; thanked the property owner for attending the meeting and agrees with staffs recommendation. Commissioner Jones appreciates the applicant's willingness to comply with conditions and asked if Condition 2.3 on Exhibit A was acceptable to the applicant. Chuck Spearman stated he has no plans to get any larger vehicles since he cannot operate his business with a larger vehicle and further stated he does not have a problem with the condition. r Commissioner Davert stated that he has read the documents and heard the tape that was submitted and he is outraged by the personal attacks on the applicants and hopes the Gross' will try to mend fences. Planning Commission Minutes January25, 1999 Page 7 Commissioner -Davert moved Commissioner Jones seconded, to approve Conditional Use Permit 98-033 by adopting Resolution No. 3648, as revised. Motion carried 5-0. Commissioner Davertmoved Commissioner Jones seconded, to approve Use Determination 98-001 and Conditional Use Permit 98-034 by adopting Resolution Nos. 3649 and 3450, as revised. Motion carried 5-0. Commissioner Jones moved Commissioner Davert seconded, to approve Conditional Use Permit 98-035 by adopting Resolutiori No. 3651, as revised. Motion carried 5-0. The Director explained the appeal process. REGULAR BUSINESS: 5. Status Reports Karen Peterson;Acting Senior Planner presented'the subject report. ti Commissioner Davert moved Commissioner Kozak seconded, to receive and file. Motion carried 5-0. STAFF CONCERNS: 6. Report on Actions taken at the Janua 19 1999 Cily Council Meeting Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved Commissioner Kozak seconded, to receive and file.. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Jones Inquired about the status of the Irvine Boulevard widening,project. The Director responded that staff would contact the County' for the widening schedule. 4 Planning Commission Minutes January 28, 1999 Page 8 Commissioner Kozak Thanked staff for the opportunity to attend the league of Cities Planning Commissioners Orientation Workshop last Friday and_ noted that he had literature from the workshop to share with the other Commissioners. Commissioner Davert Noted that graffiti is on the rise and wished to give staff and the public a heads up to contact the graffiti hotline when they see graffiti. Stated that he drove out to the Tustin Ranch Estates and the lots are graded and look great. Reminded the Commission to be cautious when speaking to applicants as comments can be misconstrued. ADJOURNMENT: Commissioner Browne moved Commissioner Davert seconded, to adjourn the meeting at 8:24 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on February 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. r ` r t,. ITEM# 2 0 - i ieport to the Planning Commission DATE: FEBRUARY 8, 1999 SUBJECT: CONDITIONAL USE PERMIT 98-026 APPLICANT: BENNETT ARCHITECTS 17681 IRVINE BOULEVARD TUSTIN, CA 92780 ATTN: GREGORY BENNETT PROPERTY OWNERS: ALEX AND MARIA GAON MAX CROSS ENTERTAINMENT 1.807 EAST OLYMPIC BOULEVARD, SUITE 100 LOS ANGELES, CA 90021 LOCATION: 500 SOUTH `C' STREET (APN 401-622-36) ZONING: MULTIPLE FAMILY RESIDENTIAL (R-3) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO ESTABLISH A MEDICAL OFFICE IN AN . EXISTING STRUCTURE RECOMMENDATION 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 the public hearing for Conditional Use Permit 98-026. BACKGROUND The applicant, Bennett Architects, is requesting approval on behalf of the property owners, Alex and Maria Gaon, to establish a medical office in an existing residence located at'500 South 'C'.Street in the Multiple Family Residential (R-3) zoning district/Cultural Resources Planning Commission Report =� CUP 98-026 February 8, 1999 Page 2 Overlay District (see Attachment A - Location Map). Professional offices are conditionally permitted in the Multiple Family Residential (R-3) zoning district. The site is located south of the Steven's Square professional office complex. There are commercial uses to the north, east and west of the site and multiple family residential uses to the south of the site. The applicant proposes to use parking within the adjacent Steven's Square complex to satisfy on-site parking requirements. Joint use parking is conditionally permitted if sufficient parking capacity is available for all uses. The application was submitted on October 23, 1998, and a letter of incompleteness was sent on November, 18, 1999. A resubmittal was received on January 5, 1999. On January 13, 1999, the City became aware that several interior modifications were made without the benefit of building permits and the -single family residential structure had been altered and occupied for use by a medical doctor (Total Wellness Corporation). Upon notification from the City, the tenant, Dr. Cheryl Thomas of Total We[Iness Corporation, indicated that she was misinformed by the property owner that all required 1 permits had been obtained. Subsequently, the tenant requested a temporary use permit to allow for processing of required permits: On January 15, 1999, a Temporary Use Permit was approved (Attachment B) allowing the medical use to continue while the applicant provided required information to complete the application and appear before the Planning Commission for consideration of CUP 98-026. The Community Development Director is authorized to approve temporary use permits for a maximum of thirty (30) days; the, approved temporary use permit will expire on February 13, 1999. In addition to supplying information in a timely manner to complete the application and allow staff to schedule a public hearing, the Temporary Use Permit (TUP) required immediate compliance with on-site disabled accessibility requirements. The applicant was required to obtain a building permit and to install one temporary on-site accessible parking space and related striping, ramping, and signage. Compliance with applicable building codes for the interior alterations and permanent exterior disabled access was deferred to the plan check phase following approval of CUP 98-026. If CUP 98-026 is not approved, the applicant is required to restore the residence to its original condition and post a bond to ensure that this work will be completed. The building permit for installation of accessible parking was issued on January 25, 1999, and required the improvements to be completed by January 29, 1999, or the applicant was required to provide notice to the tenant to vacate the premises within 36 hours. The improvements were not completed by January 29, 1999, and a second inspection was _ scheduled for February 1, 1999. The'improvements were not completed by February 1, 1999, and the applicant was informed that the requirement to notify the tenant to vacate was in effect. On February 3, 1999, the Building Official determined that the temporary • Planning Commission.Report CUP 98-026 February 8, 1999 Page 3 improvements were adequate but permanent facilities would.require further refinement in conjunction with the plan check process for CUP 98-026. Under the TUP, the applicant was also required to submit an executed reciprocal parking easement to ensure that off-site parking would be available and a letter of consent for future modification of the parking structure to improve access at the northwest corner. The letter of consent and parking easement were submitted on February 2, 1999, and February 3, 1999, respectively. Staff prepared Resolution 3657 extending the Temporary Use Permit in the event that the applicant did not submit required materials-that staff needed to deem the application complete by the time staff reports were completed or before the approved Temporary Use Permit expired. Staff was able to deem the application complete on February 3, 1999. To gain temporary compliance and ensure that required application materials were submitted in a shortened timeframe, Code Enforcement, Current Planning, Building Division, and City Attorney staff have spent more than 60 hours at a`total cost of approximately $3,500.00 to the City. Project Description The residence is a two story A-rated Victorian Greek Revival historic house approximately 3,000 square feet in area. According to the Historical Resources Survey Report prepared in July 1990, the building and the carriage house (at the rear of the site) are architecturally and historically significant and are candidates for the National Register. As noted previously, the applicant will be required to obtain building permits to authorize alterations made to the floor plan to accommodate the proposed use (see Attachment C - Site/Floor . Plans). . The site is 9,900 square feet and has been modified in conjunction with the Temporary Use Permit to provide for one accessible parking stall, turnaround area, and driveway access to and from C Street. The main entrance to the medical office is located at the back of the residence. Pedestrian access to Steven's Square complex is provided at the rear of the site where the wall between the two properties has been removed. Vehicular access to the parking areas within the Steven's Square complex is provided on C Street. Operational Characteristics • The proposed use is conducted by a family practice physician. Patients of the physician are treated for general medical conditions and are referred to specialists if needed. The hours of operation for the medical office are 8:00 a.m. to 5:00 p.m. Monday through Friday, v Planning Commission Report CUP 98-026 I ' February 8, 1999 Page 4 except between 12:00 and 2:00 p.m. when the office is closed for lunch. On average, the medical doctor treats 20-30 patients per day. There is also a registered nurse on staff who may treat 10-15 patients a day. Parking Analysis Professional offices within the Cultural Resources Overlay District are required to provide one (1) parking space for each 300 square feet of floor area, therefore the proposed medical office is required to provide ten (10) .on-site parking stalls including one handicapped space. As noted previously, there is one existing disabled parking space on- site. There is also a garage structure (carriage house) to the rear of the residence which could,be used for two (2)employee parking spaces. Although the applicant has proposed to use ten (10) existing private parking spaces in the Steven's Square complex to satisfy on-site parking requirements, it would be more appropriate to require three (3) on-site parking spaces and allow seven (7) off-site parking spaces within the complex. A total of 160-privately owned parking spaces are located T within the surface (outdoor) parking area and in the lower floor of the parking structure. An 1 additional 88 public parking spaces owned by the.Redevelopment Agency are located on the upper floor of the parking structure. If no on-site parking is provided and standard parking requirements were applied to the existing and proposed uses at 500 'C' Street and the Steven's Square complex, a total of 169 spaces would be required and there would be an overall deficiency of nine (9) parking spaces in the private parking areas. Instead of requesting a. parking variance, a parking analysis was prepared in accordance with Section 9271 of the Tustin City Code (TCC) which provides for joint-use parking (Attachment D). The City Transportation Engineer has reviewed the study with respect to the content, methodology, findings and conclusions. Although the Transportation Engineer indicated that the traffic counts could have been more consistently conducted for the peak hours, he concluded that there would be sufficient parking available in the private parking areas with,no more than 45 percent of parking spaces occupied at any one time. The following Conditions are included in Resolution No. 3656 related to joint use parking: Conditions 1.6 and 1.7 require execution and recordation of a valid parking easement to ensure sufficient parking. Condition 3.4 requires the tenant to inform patients that they are to park within the surface parking area or on the lower floor of the parking structure to discourage use of the public parking spaces on the upper floor of the parking structure. 1 Planning Commission Report CUP 98-026 February 8, 1999 Page 5 Condition 2.4 requires a permanent sign at the front of the property to inform patients of the availability of parking at the lower level of the parking structure since the surface parking is heavily used. • Condition 3.5 requires a revised parking analysis if the City observes a parking problem. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed medical use will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request is supported by the following findings: 1) The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical use would be compatible with .surrounding uses. 2) The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the availability .of parking in that sufficient parking would be available either on-site or within the Steven's Square complex. 3) The proposed use, as conditioned, will provide for the preservation of a locally significant historic structure. Minoo Ashabi Karen Peterson Assistant Planner Acting Senior Planner Attachments: A. Location Map B. Temporary Use Permit C. Site and Floor Plans D. Parking Analysis Resolution Nos. 3565 and 3566 ma:pereporticup98O26. - LOCATION M.AP/4,-/,� -,L t y I L,N 51 a 4 _ ' V 1 sIu s1 �• ,� ; ; 4 3z0: ]2s J 0 C z i 335 ]30? i L] N LU MAIN STREET •tai a ` vol n a N C h ry rN N - n 1 •.n a v a r n vl n n " m " _ � . 120 j 135 " n n 1]6 i 115 • � " W 450 460 j n 0n 505 460 J < �515 •505 510 j \ :515 570 • W'000Ym"m Yom": ' 535 Pmmmn nnroml v ul 545 j 530. 5]5 540 m r n a Y N e � N N: i + 555 550, f 545 550 560 I'^ '^ n N , 0.rel • 565 n v '� '� '� "� 585 , 2L Y-- v' v_ -- Yr- n_ . 552 55 5_ = 5� SIXTH STREET •--__ —` _ NO sCAl ATTACHMENT A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL TOTAL.WELLNESS MEDICAL CORPORATION 500 C Street January 15, 1999 Expiration Date: February 13, 1999 This permit is APPROVED by the Community Development Director. Issuance of this permit is discretionary and. the use applied for is not allowed by right and shall be null and void if all conditions of approval are not met. The need for this permit was predicated due to the owner's failure to secure an approved conditional use permit, construction of non-permitted improvements, failure to comply with applicable zoning and building codes, and lease and location of a tenant in a non-conforming structure. The applicant and property owner(s) agree to the following conditions imposed by this permit: 1. The subject approval shall become null and void and legal enforcement action shall be immediately initiated unless the following performance schedule to obtain approvaI of the proposed project is adhered to: A. The applicant/property owner'shall submit complete and accurate responses and required information including the parking analysis and summary identified in the letter to Greg Bennett dated January 18, 1999, regarding Conditional Use Permit 98-26 to the Community Development Department by 4:00 p.m. on January 25, 1999. Submittal of incomplete information including, but not limited to "see _ previously submitted information" shall not be sufficient and shall constitute an incomplete submittal. If the resubmittal is determined to be incorrect or incomplete, the Temporary Use Permit is null and void and the tenant shall vacate the premises within 36 hours of being notified by the City. B. Within three (3) days of issuance of this permit, the applicant/property owner shall provide an as-built and a plan showing the prior floor layout. The owner shall submit a cash deposit to the City for removal of -the non-permitted improvements in the event the Conditional Use Permit is denied. Said deposit shall be submitted when the plans are submitted. C. In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, a handicapped ramp shall be installed immediately. The location of the ramp shall not preclude the installation of parking spaces and access driveways on the rear of the lot at 500 S. "C" Street. Plans for the ramp shall be reviewed and approved, and installation of the ramp shall be inspected by the Community Development Department. The app licantlprope rty owner shall be responsible for this executing this condition. D. Within the seven (7) calendar days of the approval of the Conditional Use Permit, the applicant/property owner shall submit to the Community Development Department all necessary plans and information, needed to obtain a building permit for the tenant improvements installed without the benefit of building permits within all the structures located at 500 C Street. �r a) Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community 'Development Department within 10 days of being notified by the City that corrections are ready to be picked up. b) All construction permits 'shall be obtained from the City within 10 days of the being notified by the City that the plans are ready for permit issuance. A rV 9r A I1LT1V/rU XT9P 7Z Temporary Use Permit 500 S C Street Total Wellness Medical Corp. January 15, 1999 C) All construction shall be inspected and approved by Community I Development Department within ten (10) days. 2. Upon denial of the conditional use permit request, this temporary use permit will become null and void. All non-residential use of the property ceased immediately. The property shall be vacated within seven (7) days of any denial action by the City of Tustin and the. �/t• improvements shall be removed and the structure converted to the original condition. Applicant/property owner shall obtain building permits prior to the project's commencement. 3. All patrons and employees of Total Wellness shall park their vehicles within the private parking area of Stevens Square. No parking associated with the medical use shall be permitted on the public street or City (Redevelopment Agency) owned parking stalls. q� No further temporary uses shall occur on the property located at 500 C Street without written approval by the'Community Development Department. G 5 Any violation of any of the conditions imposed by this approval is subject to the imposition of a civil penalty of$125.00 for each violation and each day the violation exists. The owner shall be responsible to pay the civil penalties. The owner shall be responsible for costs associated with any necessary code enforcement action and shall submit a $1,500 deposit. Said deposit shall be made upon issuance of this _ permit. Elizabeth A. Binsack Director of Community Development U. Cheryl A. Tho , M.D:" Total Wellness Medical Corporation Tenant Maria Gaon, Property Owner/Applicant �� a,_dM- _O Alexander Gaon, Property Owner/Applicant,p , ( _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59D7 State of l Aq_'1 � p` l ( ,F+ County of _ E144 On -�� - f before me, (&k)-Q_eLe_ ��T42 t U Imo; DATE NAE.TITL OF OFFICER-E.G..-J NE DOE,NOTARY PUBLIC- personally appeared ! Y t{�-�-11F�- [ +D t� rgME �oe-fe_ Gig-DI , —NAME(S)OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidenc to be the person(s) whose name(s) is/ re subscribed to the within instrument and ac- knowledged to me that he/s executed the same in his/her/ eir authorized capacity(ies), and that by his/her/dZZ) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMr►I.#1t165D76 = WIT/Nf SS my hand and official seal. i =m Notary PubfiC—califomia n Z ' �`. ORANGE COUMY My Comm.F�tres MAY 76,1949 �-x.J"�� SIGN UR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL, ❑ CORPORATE OFFICER TITLE(S) TI LE OR TYPE F DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR _ p ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: Y r NAME OF PERSON(S)OR ENTrrY(lES) f\} SIGNER(S)OTH R THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 IO2w 51. (, I 5110USE r 171 W.MAIN u . ISO W.MAIN 1.11751. �• 7 i 111W.MA711 PARKING . 1.®]er. C/I 7a w,MAo1 EXISTING UILD EJUSTING STRUCTURE 7o,11v s1. i / � 7u W,auw W yCC 1.6015l. 771 w. 2— c n 4,039S. QV N4�W /NON F-7 W SITE PLANT 500—rG1�yTF E?,i � - �--] STEVENS SQUARE ioTIL P��I�It\G •i�l 210-250 EAST MAIN STREET AND 50C "C STREET LI'Y OPpaz t--v--, —s3 TUSTIN,CALIFORNIA,926$0ZWl I:�I I.. 91JyINE�i PPEA •35 hpAccs_ . TRACT NO 10979 SIXTH STREET PARCEL MAP 821026 y� _.NFZ tO C5 as 11CI CA os FE,77-IWED TL' KUNZMAN ASSOCIATES TRANSPORTATION PLANNING - TRAFFIC ENGINEERING ~ illi TowN &COUNTRY ROAD,STE.34 ORANGE,CA 92865 JJJ (714) 973-8383 FAx (714)973-8821 January 25, 1999Mh C J AN 2 5 1999 Alexander Gaon COMMUNITY DEVELOPMENT Max Gross & Co. BY 1807 East Olympic Blvd, Suite 100. Los Angeles, CA 90021 Dear Mr. Gaon: We are pleased to present this traffic parking analysis of the proposed 3, 100 square foot medical building in Stevens Square. This report summarizes our methodology, analysis, and findings . We trust that the findings will be of immediate as well as continuing value to you and the City of Tustin in evaluating the project ' s parking requirements. This letter report regards the unused parking spaces at Stevens Square , including the adjacent parking structure. The parking structure has two' levels. All of the lower level and 25 spaces on the upper level . belong to Stevens Square. The accompanying exhibit entitled Condominium Plans For Parcel Map No. 82=1026 shows the spaces on the upper floor that belong to the City (Unit 1) and Stevens Square (Unit 2) . Listed in the table at the end of this letter report are the •current `tenants at Stevens Square. Based -on the square footages shown in this table and the corresponding parking requirements, there is a demand for 169 parking spaces and there are 161 parking spaces owned by Stevens Square. . Thus- there is an - 8 ,parking space shortfall. The 8 spaces represent less than a 5 percent- shortfall. A variance is being requested for this 8 space shortfall. r ATTACHMENT D The City of Tustin owns 88 of the parking spaces on the top floor of the parking structure. Per information provided by the City, there are four lease agreements that have committed 35 parking spaces to property owners in Old Town, and there are 53 - spaces owned by the Redevelopment Agency which are not in existing lease agreements. The parking- structure is' only partially used, with 60 percent of the structure vacant and unused at any one time. Table A shows the results of a parking survey. The parking survey was conducted over five different days and at 24 points in time. , A 3 , 100 square foot medical office is proposed which will require 10. 3 parking spaces at 3 spaces per 1000 square feet of floor space. These 11 spaces are easily available in the unused parking spaces that belong to Stevens Square.- The parking survey results are contained in Table A is described below. 1. The Stevens Square parking is in three locations as follows: (1) top floor of parking structure, (2) lower floor of parking structure, and (3) at-grade. The at- grade is defined as including the one off street :parking space at 550 C Street. - 2.' There are a total of, 249 parking spaces. There are 113 spaces on top floor, 97 spaces on lower floor, and 39 spaces at-grade. 3 . Of the 113 spaces on the top floor, 25 belong to Stevens .Square (spaces 108 through 132 ) , and the remainder 88 spaces belong to the City of Tustin. All total, Stevens Square has 161 parking spaces.- 4. The parking was surveyed at 24 different points in time on five different days . Tuesday, Wednesday, Thursday, and Friday were surveyed. 5 . The maximum parking demand was found to be on Thursday at 1:00 PM. At this point in time the parking occupancy was 43.5 percent. 6. The maximum number of cars parked on top floor was 45, fora maximum occupancy rate of 39. 8 percent. The maximum number of parked .cars on the top floor in Stevens Square 25 spaces was 9 , for a maximum parking 2 occupancy rate of 36. 0 percent. 1 7 . Of the maximum observed 45 cars parked on the top floor, 9 were parked in Stevens Square spaces and 36 were parked in the City's spaces. 8 . The number of unused spaces on the top floor when the maximum of 45 cars were observed to be parked was 16 empty spaces in Stevens Squares allocation of .25 spaces, and 43 empty spaces in the City's allocation of 88 spaces. 9 . For the total of 249 parking spaces, the maximum number of cars parked ,was 108, for a maximum occupancy rate of 43 . 5 percent. When the 108 cars were parked, 72 cars were parked in Stevens Squares 161 spaces, for a maximum parking occupancy of 44.7 percent. 10 . For the 210 space parking structure, . there are always at least 125 vacant parking spaces. The maximum occupancy rate for the upper floor is 20.4 percent, and the maximum occupancy for the lower level- is 41 . 2 percent. For *Stevens Squares 122 spaces in the parking structure, the maximum number of parked cars was 49 for a maximum parking occupancy rate of 40.2 percent. 11 . The ' only part of the parking which is fully Utilized is the at-grade parking. Of the 39 at-grade spaces , as many as 38 spaces were observed to be occupied at one time. 12 . The proposed medical office will generate a need for 10 . 1 parking spaces based on the parking requirement of 3 spaces per 1, 000 square feet of floor space and a 3,000 square foot floor space. 13 . The 8 space parking shortfall can logically be fully accommodated between the 16 Stevens Square always vacant spaces on the upper 'parking level, and the 57 always vacant spaces on the lower level of the parking structure, and the one vacant space off-street at 500 C Street. At present there are always at least 16 plus 57 plus 1, or 74 vacant parking spaces that belong to Stevens Square. 3 r It has been a pleasure to prepare this information for you. and the City of Tustin . If there are any questions , or if we can be of further assistance, please do not hesitate to call. Respectfully submitted, KUNZMAN ASSOCIATES Q?OF ESSlo ld� A. kUti.9fFy William Kunzman, P.E. R: Professional -Registration No.TR00�8 z m Expires March 31-, 2000 42272 T�AFFIG q `yP OF CAt1 ` 4 Table A STEVENS SQUARE PARKING DATA AND ANALYSIS Day Time Cars Parked Vacant Parking Parking Occupancy Spaces (Total Upper Level Parking Garage Lauer At-Grade TOTAL Cars Level Parking Parked Parking Divided Stevens Square City's 88 Total Garage by Total 25 Spaces Spaces Spaces) Tuesday 9:00 AN 4 5 9 40 29 78 170 31'.5%-- 3:00 PH 8 15 23 30 35 88 160 35.5% 6:00 PH 2 1 3 9 33 45 203 18.1% Wednesday 10:00 AM 3 4 7 39 28 74 174 29,8% 2:30 PM 6 14 20 31 33 84 164 33.9% 6:00 PH 3 3 6 11 31 48 200 19.4% Thursday 10:00 AN 2 2 4 40 31 75 173 30.2% 12:30 AN 9 32 41 32 31 104 144 41.9% 1:00 PH 9 36 45 31 32 108 140 43.5% 3:00 PH 6 13 19 32 35 86 162 34.7% 6:OO. PH . 5 5 10 6 27 43 205 17.3% 6:30 PH 0 1 1 4 31 36 212 14.5% 7.:30 PH 0 1 1 2 22 25 223 10.1% Friday, 9:00 AN 2' 2 4 22 29 55 . 193 22.2% 12:30 AH 6 24 30 26 37 93 155 37.5% 1:30 PH 6 20 26 27 38 91 157 36.7% 3:00 PH 4 5 9 29 29 67 181 27.0% 6:30 PH 2 1 3 0 19 22 226 8.9% 7:00 PH 1 3 4 3 20 27 221 10.9% 7:30 PH 1 3 4 3 16 23 225 9.3% Saturday 12:30 AM 2 12 14 2 18 34 214 13.7% 1:00 PH 2. 13 15 2 19 36 212 14.5% 6:30 PH 0 0 0 2 7 9 239 3.6% 7:30 PH 0 1 1 2 6 9 239 3.6% Average observed 3.5 9.0 12.5 17.7 26.5 56.7 191.3 22.8X Highest Observed 9 36 45 40 38 1 108 239 43.4% Capacity (Total L 25 88 113 97 39 249 NA NA Parking Spaces •w Available) Average occupancy Rate 13.8% 10.2% 11.0% 18.3% 67.9% 22.8% NA 22.8% Highest Occupancy Rate 36.0% 40.9% 39.8% 41.2% 97.4% 43.4% NA 43.4% Smallest Nuaber of 16 52 68 57 1 141 NA NA Vacant Spaces Observed '* The At-Grade parking includes the single space off-street at 500 C Street. Kunzman Associates I � OM 11 ArUM PL'AN7) FOR C0 ' PARCEL.-. MAP NO . 82 -:--. 10.26 PARK18C PLAN UPPER LEYEL avIrs f� 46, C }Wl TIP- 1 P e ��• j �y thy � r ii ro• t �a • ;� �� ��� >o � tion' [45 a OF r �, v _ 1t� ti's 1 � 3 ' 2 •8 , J9C ;o i1 `. ! n:O STEVENS SQUARE BLDG.210 SU17E SO.FT. 'TENANT TYPE PARKING 101 994 ROBERT SCURRAH LAW 3.31 102 843 PANTALONE&ZHANG LAW 2.81 103 1425 CHING LAW 4.75 104 980 DOPPELT&CO. BUS. 3.27 105 1525 MARKAVETOON DDS 5.06 201 2011 MANAGEMENT RESOURCE BUS 6.70 203 1766 WOMENS FOCUS BUS. 5.89 204 600 MANAGEMENT RESOURCE BUS. 2.00 BLDG.218 101 493 REATA HURWITZ PHD 1.64 102 1245 RILEY'S SPEECH PHD 4.15 103 947 S.SMITH LAW - 3.16 201 490 PETER GELKER PHD 1.63 202 887 VACANT 2.96 202A 200 LORI POORE PIED .65 2028 450 CALIFORNIA LAND_CARE ARCH 1.50 2020 120 ELAINE CLOUGH PHD .40 BLDG.222 101 1021 ROBERT NEGRU LAW 3.40 102 463 CLAREALBRIGHT PHD 1.54 10; 1160 CHIROPRACTOR: DR. 3.87 20' 336 O.C.WORKSHOP BUS. 1.12 202 780 JUDITH LITE PHD 2.60 205 843 PILGRIMAGE FAMILY PHD 2.81 BLDG.228 228 4200 TH&M ADVERTISING BUS. 14.00 BLDG.232 101 872 ED PAUL LAW 2.91 103-4 1078 MCKEE&ASSOCIATES BUS. 3.59 10.5 670 GRONDORF FIELD BLACK BUS. 2.23 201 843 LEA PASCOL ART 2.81 202 780 DAVE CHAPPLE ART 2.60 203 336 HELP-U-SELL BUS. 1.12 BLDG.238 101 1021 ROBERTARNOLD LAW 3.40 102 780 JOHN CRANE ART 2.60 103 843 BENNETT&PARKER LAW 2.81 2C1 1179 ARC ENGERGY ENG. 3.93 •202 780 VACANT 2.64 BLDG.242 ici 3267 ADAMS ADVERTISING BUS. 10.89 1045 1893 HUNT PACIFIC BUS, 6.31 106 716 SANDBERG ENG. ENG. 2.39 334 VACANT 1.11 201 ROOSEVELT LODGE BUS. 1.00 201 -K 300 201 -D 455 ALAN LkBERMAN PHD 1:52 201 -E 360 BARBARA LACKEY PHD 1.20 295 RETAIL LINK BUS. .98 201 -H115 CARL WELLS PHD .38 201 -A LARRY FRENZEL LAW 2.39 201 •1 706 201 ,F 265 NEWPORT CENTER PHD .88 142 AMY STARK PHD .47 201 -.B 201 -C 142 SUSAN RO.IER PHD .47 • BLDG.250 101 1131 STEVEN HOSFORD LAW 3.77 1665 DON LANE LAW 3.55 102 DAVID WAYNE PND 3.77 201 1131 PHD 2.04 2 202 61 R 8 R FOX 203 12 GWYNETH ERWIN PHD 3.38 500 C STREET 500 3100 PROPOSED MEDICAL DR. 10.30 168.74 I RESOLUTION NO. 3656 T 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 1 3 TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-026 AUTHORIZING THE ESTABLISHMENT OF A MEDICAL OFFICE WITH 4 JOINT USE PARKING WITH STEVEN'S SQUARE OFFICE COMPLEX AT 5 THE PROPERTY LOCATED AT 500 SOUTH 'C' STREET. 6 The Planning Commission does hereby resolve as follows: [. The Planning Commission finds and determines as follows: s A. That a proper application for Conditiorfal Use Permit 98-026 was filed by 9 Bennett Architects to request authorization to establish a medical office (at , ,o 500 South 'C' Street, more specifically described as Assessor's Parcel No. 401-622-36)with joint use parking within Stevens Square Office complex. 11 12 B. According to Tustin City Code Section 9226(b)2, professional offices are conditionally permitted in the Multiple Family Residential (R-3) zoning 13 district. 14 C. Joint use parking is allowed by Tustin City Code Section 9271 subject to ,s approval of a conditional use.permit. 16 D. That a public hearing was duly called, noticed and held on said application 17 on February 8, 1999, by the Planning Commission. is E. That the establishment, maintenance and operation of the medical office with joint parking will not, under the circumstances of this case, be 19 detrimental to the health, safety, morals, comfort, or general welfare of the 20 persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the 21 neighborhood of the subject property, or to the general welfare of the City of zz Tustin, as evidenced by the following findings: 23 1) The proposed use, as conditioned, 'will not be detrimental to surrounding properties in that the hours and operations of the 24 medical use would be compatible with surrounding uses. zs 2) The proposed use, as conditioned, will not have a negative effect on 26 surrounding properties, or impact traffic or the availability of parking in that sufficient parking would be available either on-site or within 27 the Steven's Square complex. zs 3) The proposed use, as conditioned, will provide for the preservation of 29 a locally significant historic structure. F. That this project is a categorically exemption pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. Resolution No. 3656 Page 2 -- 1 2 11. The Planning Commission hereby approves Conditional Use Permit 98-026 to 3 establish a medical office'with joint use parking on the property located at 500 4 South `C' Street subject to the conditions contained in Exhibit A attached hereto. 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 6 meeting on the 8th day of February, 1999. 7 8 9 LESLIE PONTIOUS Chairperson 10 1] 12 ELIZABETH A. BINSACK 13 Planning Commission Secretary 14 1s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 16 CITY OF TUSTIN ) 17 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 18 Commission Secretary of the Planning Commission of the City of Tustin, California; that 19 Resolution No. 3656 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of February, 1999. 20 21 22 ELIZABETH A. BINSACK 23 Planning Commission Secretary 24 25 26 27 28 29 EXHIBIT A CONDITIONAL USE PERMIT 98-026 CONDITIONS OF APPROVAL RESOLUTION NO. 365,6 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 8, 1999, on file with the Community Development Department, except as herein modified, or as modified by the CDirector of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans, if such modifications, are consistent with the provisions of the Tustin City Code. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. 1.3 Approval of Conditional Use Permit 98-026 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. 1.5 As determined by a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $1010.00 on the property owner and/or operator for each violation and each day the violation exists. 1.6 The applicant shall be responsible for costs associated with any, necessary code enforcement action. e1,,,ey,1,4,, ,;4� , "( () &K IeFIP411� 11 1.7 A parking and ingress/egress easement to provide for joint use parking at 500 'C�' Street and Steven's Square shall be executed by all affected property owners and recorded with the County of Orange Clerk-Recorder. The easement is not transferable and shall become null and void upon revocation of Conditional Use Permit 98-026. SOURCE CODES (1) STANDARD CONDITION' (5) RESPONSIBLE AGENCY (2) DE DA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY EXCEPTIONS Exhibit A Resolution No. 3656 February 8, 1999 • Page 2 *** 1.8 The applicant shall submit title reports and accompanying title insurance for affected properties to verify signatories on the parking easement and the letter of consent executed on or before 213199. If the signatories are found to be invalid, the applicant shall submit valid documents with notorized signatures of the current property owners within seven (7) days of being notified to do so by the Community Development Department. If valid documents are not submitted within the specified timeframe or the current property owners decline to authorize the documents, Conditional Use Permit 98-026 will become null and void. PLAN SUBMITTAL *** 2.1 Within the seven (7) calendar days of the approval of the Conditional Use- Permit, the applicant/property owner shall submit to the Community Development Department all necessary plans and information needed to obtain a building permit for the tenant improvements installed without the benefit of building permits within the structure located at 500 C Street. a) Any and all necessary corrections needed to the submitted • construction level plans shall be resubmitted to the Community Development Department within seven (7) days of being notified by the City that corrections are ready to be picked up. b) All construction permits shall be obtained from the City within seven (7) days of being notified by the City that the plans are ready for permit issuance. C) All construction shall be inspected and approved by Community Development Department within seven (7) days. If a building permit is not obtained in accordance with the timeframes set forth in this condition, the property owner shall provide notice to the tenant to vacate the premises within 36 hours of being notified to provide such notice. *** 2.2 In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, a permanent handicapped ramp and railing shall be installed. Plans for the ramp shall be reviewed, approved, and inspected by the Community Development Department. • *** 2.3 Within seven (7) days of the date of this Exhibit, construction plans shall be submitted_for the installation of on-site parking spaces within the existing garage structure (carriage house). Exhibit A Resolution No. 3656 February 8, 1999 Page 3 a) Any and all necessary corrections needed to the submitted construction level plans shall be resubmitted to the Community Development Department within seven (7) days of being notified by the City that corrections are ready to be picked up. b) All construction permits shall be obtained from the City within seven (7) days of being notified by the City that the plans are ready for permit issuance. C) All construction shall be inspected and approved by Community Development Department within seven (7) days. If a building permit is not obtained in accordance with the timeframes set forth in this condition, the property owner shall provide notice to the tenant to vacate the premises within 36 hours of being notified to provide such notice. *** 2.4 A permanent sign informing patrons that parking is available on the lower level of the parking structure shall be installed and permanently maintained in a visible location. The permanent location and sign details shall be subject to review and approval of the Community Development Department prior to installation, USE RESTRICTIONS *** 3.1 A total of three (3) on-site parking spaces shall be permanently maintained at.500 'C' Street. In accordance with Condition 2.3, construction plans shall be submitted and approved for installation of on-site parking spaces within the existing garage structure (carriage house) prior to use by the general public and patrons of the medical use. k** 3.2 All patrons and employees of medical office shall park their vehicles either on-site or within the private parking area of Stevens Square. No parking associated with the medical use shall be permitted on the public street or City (Redevelopment Agency) owned parking stalls on the upper floor of the parking structure. 3.3 The subject property shall be maintained in a-safe, clean and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the medical use. *** 3.4 No temporary or permanent signs or other forms of advertising or attraction may be placed ori the site without approval from the Community Development Department. The existing, freestanding wood sign shall be removed within ten (10) days of the date of this Exhibit. Exhibit A Resolution No. 3656 r _ February 8, 1999 F Page 4 *** 3.5 The tenant shall maintain a permanent sign in the office which states that patients are to park within the surface (outdoor) parking area and lower floor - of the parking structure within the Steven's Square complex and shall state that parking on C Street or on the upper floor of the parking structure is discouraged. *** 3.6 If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Community Development and Public Works Departments may require the property owner to submit a revised parking demand analysis prepared by a California licensed traffic engineer and/or a civil engineer experienced in preparation of these documents, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking, additional mitigation measures shall be provided subject to the review and approval of the Community Development and Public Works Departments. Said mitigation may include, but not to be limited to, the following: a. Reduce the demand for parking. b. Provide additional parking as needed, up to minimum number required for the uses consistent with standard parking requirements by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Failure to adequately respond to such a request and to implement mitigation measures within the time limit schedules established, shall be grounds for initiation of revocation procedures for Conditional Use Permit 98-026. FEES (1) ' 4.1 As authorized by City Council Resolution Nos. 87-138' and 92-103, the property owner shall pay penalty fees for construction work conducted without permits. The penalty fee is the permit fee plus a penalty charge of two times the permit fee, with a minimum penalty of $300 and a maximum of $3,000. The applicant shall also pay Orange County Fire Authority plan check and inspection fees and penalties to the Community Development r Department based'upon the,most current schedule. (1) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight Exhibit A Resolution No. 3656 February 8, 1999 Page 5 dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. - � S I RESOLUTION NO. 3657 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 TUSTIN, APPROVING A TEMPORARY USE PERMIT FOR 30 DAYS AUTHORIZING THE ESTABLISHMENT OF A TEMPORARY MEDICAL 4 USE AT THE PROPERTY LOCATED AT 500 SOUTH 'C' STREET. 5 The Planning Commission does hereby resolve as follows: 6. 7 1. The Planning Commission finds and determines as follows: s A. That a proper application for a Temporary Use Permit was fled by Bennett Architects to request authorization to establish a medical office at 500 South 9 'C' Street more specifically described as Assessor's Parcel No. 401-622-36. .10 B. According to Tustin City Code Section 9226(b)(2)- professional offices are. 11 conditionally permitted in the Multiple Family Residential (R-3) zoning 12 district and the applicant has filed a Conditional Use Permit application which will be considered by the Planning Commission within thirty (30) 13 days. 14 C. That a public hearing was duly called, noticed and held on said application 15 on February 8, 1999 by the Planning Commission. 16 D. That the temporary establishment, maintenance and operation of the 17 medical office will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons 18 residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the 19 neighborhood of the subject property, or to the general welfare of the City of 20 Tustin, as evidenced by the following findings: 21 1) The use would be authorized for a limited period of f time (i.e., 30 days) and terminate if Conditional Use Permit 98-026 is not 2z approved. 23 2) Sufficient general and disabled access has been provided on the 24 site. 25 E. That this project is categorically exempt pursuant to Section 15301 (Class 26 1) of the California Environmental Quality Act. 27 11. The Planning Commission hereby approves a Temporary Use Permit for 30 days. 28 from the date of this-Exhibit for the continued temporary operation of a medical office on the property located at 500 South 'C' Street subject to the conditions 29 contained in Exhibit A attached hereto. 1 Resolution No. 3657 2 . Page 2 3 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular 5 meeting on the 8th day of February, 1999. 6 ' LESLIE PONTIOUS s Chairperson 9 ELIZABETH A. BINSACK 10 Planning Commission Secretary 11 STATE OF CALIFORNIA ) 12 COUNTY OF ORANGE ). 13 CITY OF TUSTIN } 14 . I, ELIZABETH A. BINSACK, the .undersigned, hereby certify that I am the Planning 15 Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3657 was duly passed and adopted at a regular meeting of the Tustin I_ 16 Planning Commission, held on the 8th day of February, 1999. 17 . 18 19 ELIZABETH A. BINSACK 20 Planning Commission Secretary 21 22 23 24 25 26 27 28 29 1 EXHIBIT A TEMPORAY USE PERMIT CONDITIONS OF APPROVAL RESOLUTION NO. 3657 GENERAL (1) 1.1 Approval of Temporary Use Permit is contingent upon the applicant, tenant and property owner signing and 'returning an "Agreement to Conditions Imposed"form as established by the Director of Community Development. (.1) 1.2 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. 1.3 In compliance with _the California Code of Regulations, Title -24 Part 2, Accessibility Standards, a handicapped ramp shall be installed immediately. Plans for the ramp shall be reviewed and approved, and installation of the ramp shall be inspected by the Community Development Department. (1) 1.4 As determined_ by'a City Code Enforcement Officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property, owner and/or operator for each violation and each day the violation exists. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS 2.1 All patrons and employees of the medical office shall park their vehicles either on-site or within the private parking area of Stevens Square. No parking associated with the medical use shall be permitted on the public street or City (Redevelopment,Agency) owned parking stalls. SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS • (3) UNIFORM BUILDING CODE/S- (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS' Exhibit A Resolution No. 3657 February 8, 1999 Page 3 *** 2.2 The subject property shall be maintained 'in a safe, clean and sanitary 'condition at all times. The applicant is responsible for collection of any trash associated with the medical use. *`* 2.3 No temporary or permanent signs or other forms of�advertising or attraction may be placed on the site without approval from the Community Development Department. The existing, freestanding wood sign shall be removed within.ten (10) days of the date of.this Exhibit. L s ITEM #3 r� t ..eport to the Ug�t Planning Commission DATE: FEBRUARY 8, 1999 SUBJECT: CONDITIONAL USE PERMIT 98-029 APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. 14131 RED HILL AVENUE TUSTIN, CA 92780 LOCATION: 14131 RED HILL AVENUE ZONING: RETAIL COMMERCIAL (C-1; 10, 000) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF ALCOHOLIC BEVERAGES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A NEW RESTAURANT. RECOMMENDATION That the Planning Commission adopt Resolution No. 3655 approving. Conditional Use Permit 98-029. Project Description The applicant is requesting authorization to obtain a license for the on-site safe and consumption of beer, wine and distilled spirits (ABC license Type "47) in conjunction with a new restaurant located at 14131 Red Hill Avenue (see Location 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 propose any outdoor seating. Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 2 i Site and Surrounding Properties The applicant proposes to start a new restaurant business at the location of a previous restaurant (Chuck's Steakhouse). The previous restaurant also sold alcoholic beverages for on-site consumption within a cocktail lounge. The previous tenant vacated. the premises 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 Nisson Road. 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 main floor and upper floor. The cocktail lounge is located on the lower level, several steps down from the main floor(see Attachment A- Site Plan/Floor Plan). 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 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 neighborhood includes two apartment complexes directly northwest of the commercial center and one directly southeast of the commercial center, across Red Hill Avenue. I Live Entertainment I Public Dancing The applicant is proposing to offer live musical entertainment and public dancing in an approximately 200 square foot area inside the restaurant within the cocktail lounge. 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 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, the Community Development Director has the authority to revoke the permits if the applicant does 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 live entertainment and public dancing outside of the restaurant and prohibits sexually oriented businesses. Parking A parking summary was provided by the applicant, which indicates that there are 311 parking spaces within the commercial center. The reciprocal parking agreement for the center allows shared parking among all the commercial center tenants. Not including the proposed restaurant, the existing uses within the commercial center require 241 parking spaces. The proposed 150-seat restaurant requires 50 parking spaces, leaving a surplus Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 3 of 20 parking spaces within the center. Condition No. 2.8 is included to require a parking summary of the center and approval of the Community Development Department for any increase in the number of restaurant seats. Alcoholic Beverage Sales Regulations and Guidelines Staff has reviewed the proposed use for conformance with the City's Alcohol Beverage Sales Establishment Guidelines (Attachment B) and the applicable Zoning Code regulations. Issues that are relevant to the applicant's proposal include: 1. Location: The applicant proposes to sell beer, wine and distilled spirits for on-site consumption. The on-site consumption of alcoholic beverages is intended to be in conjunction with 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, onsite sale establishments not in conjunction with a restaurant are subject to the following distance requirements, required by Section 9233c(v) of the Tustin City Code: 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing 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. The applicant proposes to locate a second cocktail bar within the main floor dining area. Five coin operated video,arcade games are also proposed to be located within this dining room. The general atmosphere of the main dining room with the cocktail bar and video arcade games is similar to a cocktail lounge rather than a sit-down restaurant. Together, the two proposed cocktail bars located on the main floor dining room and the cocktail lounge would constitute a lounge in the majority of the facility (i.e., approximately 213 of the total square footage of the restaurant). This would render the primary use of the establishment a cocktail lounge and not a restaurant. The establishment would then be subject to the distance requirements as stated above and would not .meet the distance requirements because it is located less than 1,000 feet from a residentially zoned property. Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 4 i 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 sales must surpass the gross receipts of the alcohol sales to maintain 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 Operation: 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 not compatible with the surrounding uses, which cease at 11:00 p.m. It would be appropriate for the restaurant's hours to be consistent-with the business hours of the uses within the commercial center. The proposed hours of operation are more common for cocktail bars and night clubs than restaurants primarily serving 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. Serving Alcohol: Consistent with .the guidelines, Conditions 2.3 and 2.6 are included to require alcoholic beverages to be served only in conjunction with food service and to require all persons serving beer and wine to be eighteen (18) years of age or older and supervised by someone twenty-one (21) years of age or older. 4. Coin Operated Games: The guidelines recommend applying a condition to prohibit pool tables or coin operated games in conjunction with a restaurant with alcoholic beverage sales. No pool tables are proposed. However, the applicant is proposing five coin operated video games within the main floor dining area. A maximum of five coin operated video games within the main floor dining room would be considered an accessory to the primary restaurant use. Condition No. 2.12, included for the Planning Commission's consideration, is proposed to limit the number of coin operated video games to five and prohibit pool or billiard tables on the premises. y ' Planning Commission Report Conditional Use Permit 98-029 February 8, 1999 Page 5 5. Bar Seating: The guidelines recommend applying a condition to prohibit `bar type seating in conjunction with a restaurant with alcoholic beverage sales. The applicant is proposing twelve (12) bar seats adjacent to the cocktail bar within the cocktail lounge. The proposed `bar' seating would be appropriate since patrons sitting 'in this area would be served the same 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 available'to patrons seated anywhere in the facility, is included for the Planning Commission's consideration. ori A. udi Karen Peterson Associate Planner Acting Senior Planner Attachments: Location Map Attachment A- Submitted Plans Attachment B -Alcoholic Beverage Sales Guidelines Resolution No. 3655 s:\pereport\cup98-029-2.LAL } I !I L L "CATION MAP,���r i I L �} c u P90002,1 FN6P RJUN i f I--- 5 F KVV Y t f n o. 14012 14011 ' �m, ��• . n v 14022 140'-27 . ,14062. - J ' 1 14032 14031. 14047 114076 i d0 114042 f 1. j14092 ✓rl��-1 W ' r I 14081 I !14051 1 114052 14051 : ��Yr E rr I = Y ✓ rr I�7 I y/y 1 .14C61 1 -4 114052 14061 4102 +! � o '14l12 1RS�J I. 14082 14081 , F - 14131 - 14081 4 ' p I '14122 14141 , 14091 p i 13 114092 14091, 14143 114145 14101 1 114102 fa10t 14151 i141$1 14311, 14161 r, i 14112 i 14171 ,+1 E 4121 14121 14201 y ,14132 14203 I 10131 I{ 14205 1 I 14207 i IER 1 -- !- 14 I 14209 151 FRONT 1 PARK 14211 1 i WE 14213�. I 14215: 1 14241 14231 I I 14245-_ -_---� � e 1 M iTCRELL. ASV E. NO SCALE 14241 14242 R.E-,D I-IIEE R.ESTAURA]VT 0�1 fire C3 0 "Ill EEO IFILAVE.. A; I I I I I I H I 1111 1 i UNIOM OIL J1 Ll HILILl UJILAL 1 -1 LIJ NORTH SITE PLAN LEGAL DESCRIPTION PROJECT DATA APO NOR of"T Jl OF PLAY" I OF'HE FA4CFG 5ANTIAGE d.5ANTA ANA AND SAN JOAQUIN, JURISDICTION; "I ....... IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA, C.19" BUILDING CODE: U.B.C.U. 94 ED. As5HQwmi*ROM FRIAMPRORD DEQ.Itom?P OF MISCELI.XHOUS RECORDS of LOS ANGELES COUNTY, EXISTING RESTAURANT CALIFORNIA, ON5TRUCTION TYPE: (IH—SPRINKLERED) SHEET INDEX BUILDING AREA: 3.911D S.P. A-1 51TE PLAN AND DETAILS EXIST ING SHOPPING CENTER BUILDING AREA: 52,72D S.F. g A-2 FIRST—DIN PIAN AND SECOND FLOOR PLAN EXISTING PARKING REOU[RED F.- GIIST ROOM PLAN AND ELEVATIONS (ORIGINAL PERMIT) 263 B-1-S H.C. RAMP v.. 3� CURRENT PARKING PFOV:GED (INCLUDING 2 NEW H.C.STALLS) 311 STALLS Cr -IF r-"-j L------------ 5P A-1 H.C. LOGO ve 2 H.C. SIGN VICINITY MAP DEMOLITION AND REMODEL NOTES WALL LEGEND ""•" Yt�67R.�'S,u•W�..vY� URIs E v L J _- y ff ffff R �d 9 � u --- � . (E)WOMEN'S ol M b E EN'S • .t. ` ^Va OINiNG ROOM \RASH ��� SECOND FLOOR PLAN ----- EEEOTRICaC f g 1 _ vi ry r WA71NG , -SERVICE- COOLER B J 77- 1W�. �/ �! � E9CrcTA1L_LOUNGC � PBEE.-eEE9 .. � > a Ip ERISTING 55©CE 0 OR®GE RDO�NE ��- FIRST FLOOR PLAN A-2 FIRST FLOOR PLAN AND SECOND FLOOR PLAN 701LET ROOM LEGEND p 1:11 :I ----- WOMENS TOILET ROOM INTERIOR ELEVATIONS Va• - L A— 1 P E �n •"^!'riot � ��� MENS TOILET ROOM INTERIOR ELEVATIONS -11 TOILET ROOM FLOOR PLAN Le• BATHROOM SIGNAGE CEILING LEGEND 0 =--w, ..t, ' � wmea..nrr..ter.su nu.w O. 0,,, ® ®...._.....o.... l DOOR SCHEDULE z a • A-3 REFLECTED CEILING PLAN 4e' 1 � . I RESOLUTION NO. 3366 � 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR . CONSIDERATION OF ALCOHOLIC BEVERAGE SALES 4 ESTABLISHMENT APPLICATIONS. • The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 1. The Planning Commission finds and determines as•, follows: 71 A. That' certain guidelines shall be considered by Community Development staff and the Planning Commission when considering Conditional - Use Permit applications for alcoholic beverage sales establishments. 9 B. That*.certain standard conditions' shall be required on 'on- 10 site alcoholic beverage sales establishments in 11 conjunction with a restaurant use as follows: _ o All alcoholic beverages shall be consumed on site. 12 O Authorization for on-site sales of beer and wine/liquor sales is contingent upon the use of the 13 subject site remaining a restaurant. At such time - the restaurant use is discontinued the use permit � 4 becomes null and void. o All persons serving alcoholic beverages must be ' 15 eighteen years of age or' older and supervised by someone twenty-one years of age or older. 16 Supervisor shall be present in same area as point of sale. • 17 'o Hours of operation are limited to the hours of a,m. to P.M. (hours are identified 18 depending on the type of operation) Food must be served. during these hours. Z9 o The menu of the restaurant shall consist of foods that are prepared on the premises. 20 o No outdoor seating is allowed- at this location. o No ' bar' type seating is allowed. 21 o There shall be no pool tables or coin operated 22 games on the premises at any time. _ 23 C. That certain standard conditions shall be required of Off-site sales - establishments as follows: 24 0 Authorization for off-site. sales of beer and wine/liquor is contingent upon the use at the ' 25 subject site remaining as 26 (specific use is identified here) , Should this use. change or -be discontinued, authorization for this use permit is null and void. o All persons selling alcoholic beverages shall be 28 twenty-one years of age or older_ i Resolution No. 3366 Page 2 1 2 o Hours of operation aze 3 to limited to the hours of (hours are identified depending on the type of operation) . 4 0 "No Loitering" signs shall be posted at the 5 entrance of the business or •other specified location(s) . 6 0 No pool tables or coin -operated games are allowed at this location. o No. alcoholic beverages shall be consumed on any Property adjacent to the licensed .premises under 8 the control of the applicant. o Refrigerated single-serving' beverage -containers 9 shall be located in an enclosed refrigeration unit no less than ten (10 e et and a minimum offive (5)f feetrom the frnt of sale om store entrance. 11 o No display, sale or distribution of beer or wine, wine coolers or similar alcoholic beverages shall 12 be made from an ice tub, barrel or similar container. No sales or distribution 13 .of alcoholic beverages o shall be made from a drive--up or walk-up -window. 4 All litter shall be removed from the exterior areas around the premises including adjacent public 15 sidewalk areas, and parking areas no less frequently than once each day that the business is open. 1 o For establishments selling alcoholic beverages and' 17 gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. 18 0 Public telephones inside and adjacent to . the 19 establishment shall be modified to prevent - in- coming calls. 20 D. That certain standard conditions shall be re 21 site sales establishments as follows: required of on- 22 ° All persons serving alcoholic beverages shall be 'twenty-one years of age or.- older. 23 0 "No Loitering!' signs shall be posted at the entrace of the business or other specified location(s) 24 ° No pool tables or coin operated- games are allowed at this location. ° 25 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under 25 the control of the applicant. 0 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently 28 than once each day that the business is open. Resolut io3l No. 3266 Page 3 1 � I 2 - o Public telephones inside and adjacent to the 3 establishment shall be modified to prevent in- coming calls: 4 E. That each Conditional Use Permit "application for an 5 alcoholic beverage sales establishment shall be reviewed, based upon location and type of such establishment; and 6 consideration of the following guidelines: 7 A determination that. hours of 'operation requested are appropriate for the use proposed and consideration given 8 to the proposed uses relation to- 91 1. Residential areas; 2 . Protected uses, such as places . of worship, . parks, 10 schools, hospitals, clinics, convalescent homes . 11 3 . Other similar uses; selling or serving alcohol; - The applicant shall sign and return an Agreement to 12 Conditions Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be 13 ,included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing 14 conditions shall be grounds for suspension or revocation 15 of the license. J PASSED AND ADOPTED' by the Planning Commission of the City of Tustin 16 at a regular meeting held on the 25th day of September, 1995 . -17 18 - 19 MARIJKAS E 20 Chair Son 21 p 22 1BARBARA REYES 231 Recording Secretary I 24 2d I 26 ,7 28 j RESOLUTION NO. 3655 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING APPROVAL TO OBTAIN AN ABC LICENSE (TYPE 47) FOR THE ON-SITE SALE AND 3 CONSUMPTION 'OF BEER; WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT. 4 5 I. The Planning Commission finds and determines as follows: 6 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 14131 Red Hill a Avenue;Tustin. 9 B. That a public hearing was duly called, noticed and held on said application on February 8, 1999 by the Planning Commission. 10 1� C. That the proposed restaurant use is allowed within the C-1 (Retail Commercial) Zoning District, with the approval of a Conditional Use Permit. 12 D. That the establishment, maintenance, and operation of the use applied for 13 will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 14 working in the neighborhood of such proposed use not 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: 15 1. The proposed project, as conditioned, complies with adopted 17 Planning Commission guidelines for alcoholic beverage sales . establishments which have been established and considered to 18 mitigate potential impacts associated with the sale of alcohol in 19 conjunction with restaurants. 20 2. As conditioned, the sale of beer, wine and distilled spirits would be limited to on-site consumption only, inside the restaurant. 21 3. The sale of alcohol would only be authorized in conjunction with a 22 restaurant use. 73 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. 24 5. A maximum of five coin operated games, will be permitted on the . 25 restaurant premises. No-pool or billiard tables shall be permitted. 26 6. Sexually oriented business shall not be permitted on the premises.- 27 7. All persons serving beer, wine and distilled spirits will be eighteen 28 (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 29 same area as point of sale. 8. To increase the 150 seats within the restaurant, a parking summary shall be submitted and approved by the Community Development Department prior to installation. ti Resolution No. 3655 Conditional Use Permit 98-029 February 8, 1999 1 Page 2 i 2 3 E.- That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). 4 5 F. That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be 6 consistent with the Air Quality Sub-element. 7 11. The Planning Commission hereby approves Conditional Use Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits 8 (ABC License Type "47") in conjunction with a new restaurant located at 14139 Red Hill Avenue, subject.to the conditions contained within Exhibit A, attached 9 hereto. 10 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular 11 meeting held on the 8th day of February, 1999. . 12 13 14 LESLIE A.'PONTIOUS Chairperson 1s � 16 17 ELIZABETH A. BINSACK 18 Planning Commission Secretary : 19 20 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 21 CITY OF TUSTIN ) 22 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning,Commission of the City of Tustin, California; that Resolution No. 3655 was 23 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of February, 1999. 24 25 26 27 ELIZABETH A. BINSACK Planning Commission Secretary 28 29 i EXHIBIT A i RESOLUTION 3655 , CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped February 8, 1999, on file with the .Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. - The Director of Community Development may also approve minor modifications to the plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2. Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-029 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 Use Permit�98-029 authorizes ABC License Type "47" for the on-site sale and consumption of beer, wine and distilled spirits: (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. z (1) 1.6 Unless otherwise specified, the conditions contained in this Exhibit shall be compliedwith prior to the .issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.7 Conditional 'Use Permit 98-029 may be reviewed on _an 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 is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PCICC POLICY (4) DESIGN REVIEW '"** EXCEPTION Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 February 8, 1999 Page 4 M (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 food sales must exceed the gross receipts of alcohol sales for the cocktail lounge to be considered accessory and subordinate to the restaurant. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke 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 (3) 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. (5) 2.2 Alcoholic beverages may not be served or consumed outside of the I restaurant, unless a physical barrier is approved by the Community, Development Department and the Department of Alcoholic Beverage Control.prior to installation. (2) 2.3 Hours of sales of beer, wine and distilled spirits shall be limited to the hours when food is available. Full service of food menu items shall be available in the restaurant and lounge during all business hours. (2) 2.4 Operating hours shall be consistent with the other businesses within the commercial center. 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 be eighteen (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in same area as point of sale. (2) 2.7 Patrons that order alcoholic beverages only must be seated in the cocktail lounge area. Patrons seated within the two dining rooms shall be served alcoholic beverages only when ordering food menu items. (5) 2.8 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional I seats requires submittal of a current parking summary, which must be reviewed and approved by the Community- Development Department prior to increasing the number of seats. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 February 8, 1999 Page 5 (2) 2.9 The cocktail lounge can only operate during the operating hours of the entire restaurant. ,(2) 2.10 Live entertainment and public 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) 2.11 Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "47) is 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) 2.12 A maximum of five coin operated video games shall be permitted within the main floor dining room. There shall be no billiard tables on the premises. (5) 2.13 The applicant shall obtain a Public Dancing Permit and .an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. (7) 2.14 No outdoor seating is allowed. SITE PLAN, FLOOR PLANS & ELEVATIONS (5) 3.1 The bar located in the main floor dining room shall be removed. (4) 3.2 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 equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (3) _ 3.3 Three (3) inch striping detail shall be shown for all parking spaces. Handicapped markings shall be provided on the designated accessible parking space. (5) 3.4 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 fighting shall be consistent with the center and arranged so as not to direct light or glare onto adjacent properties or streets. Exhibit A Resolution No. 3655 .Conditional Use Permit 98-029 February 8, 1999 I Page 6 BUILDING DIVISION (3) 4.1 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, Title 24 Part 2, Accessibility 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. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney 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 1 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) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. - If the system is private, the.system shall be reviewed and approved by the Fire Chief prior to issuance of building permits: 'Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) , 5.2 Street 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 shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed I signage with the height, stroke and color of lettering and the contrasting.background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 3655 Conditional Use Permit 98-029 February 8, 1999 Page 7 B. Prior to the issuance of the certificate of use and occupancy the approved fire lane 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) 5.3 Prior 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 (1) 6.2 . Prior 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) 6.1 Within forty-eight (48) 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 (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. s:peresol3655LL.doc ITEM #4 TY sport to the U s Tt, Planning Commission DATE: FEBRUARY 8, 1999 SUBJECT: CITY COUNCIL ACTION AGENDA, FEBRUARY 1, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCIL ACTION AGENDA— FEBRUARY 1, 1999 s ACTION AGENDA CITY COUNCIL REGULAR MEETING FEBRUARY 1, 1999 CLOSED SESSION - At, 5:30 .p.m. in the City Manager's conference room, the City Council shall convene in closed session to confer with the City's real property negotiator, Christine Shingleton, pursuant to Government Code Section 54956.8 regarding property at MCAS Tustin. The negotiating parties are the-U.S. Department of the Navy and the City of Tustin. The instructions to the negotiator will concern price and terms of payment. 7:08 P.M. CALL TO ORDER GIVEN INVOCATION - Father Christopher Heath, St. Cecilia's Catholic Church PRESENTED PLEDGE OF ALLEGIANCE - Cub Scout Pack 217, Den 1 COLORS ALL PRESENT ROLL CALL PRESENTED PROCLAMATION - (1) Jr. All American Football Champions, Tustin Cobras; and (2) Senior Center Gift Shop Volunteer, Rose Svehla NONE PUBLIC INPUT PUBLIC HEARING ( ITEM 1 ) APPROVED STAFF I. ORANGE COUNTY TAXI ADMINISTRATION PROGRAM RECOMMENDATION Participation in the Orange County Taxi Administration ADOPTED, Program will designate responsibility to the Orange RESOLUTION County Transportation Authority for the administration NO. 99-13 of taxicab operations in the City of Tustin and will centralize countywide taxicab regulations. INTRODUCED ORDINANCE Recommendation by the Public Works Department/ N0. 1211 Engineering Division: Action Agenda --City Council February 1, 1999 — Page 1 1. Open and close the Public Hearing. 2. Approve the Orange County Taxi Administration Program schedule of rates of fare. 3. Adopt the following Resolution No. 99-13: RESOLUTION NO..- 99-13 A RESOLUTION OF THE CITY COUNCIL * .OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS AND BUSINESS LICENSE FEE 4. Approve an Inter-Agency Agreement with the Orange County Transportation Authority for participation in the Orange County Taxi Administration Program and authorize and direct the City_ Manager to execute the same on behalf of the City. 5. Have first reading by title only and introduction of the following Ordinance No. 1211: ORDINANCE NO. 1211 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING ARTICLE 3, CHAPTER 4, PART 1 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 CONSENT CALENDAR ( ITEMS 2 THROUGH 9 ). APPROVED 2. APPROVAL OF MINUTES — JANUARY 19, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 19, 1999. APPROVED 3. APPROVAL OF DEMANDS/RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,314,918.08 and ratify Payroll in the amount of $578,821.50. RATIFIED 4. PLANNING COMMISSION ACTION AGENDA —JANUARY 25, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Action Agenda —City Council February 1, 1999 — Page 2 Recommendation: Ratify the Planning Commission Action Agenda of January 25, 1999. ` 5 ADOPTED 5. RESOLUTION NO. 99-12 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO.-99-12 MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTI N Recommendation: Adopt Resolution No. 99.12 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to delete the positions of Tustin Community Foundation Board of Directors and Tustin Community Foundation Executive Director as recommended by the City Clerk's Office. APPROVED 6. AWARD OF CONTRACT FOR THE ANNUAL STREET AND ALLEY REPAIR PROGRAM, FISCAL YEARS 1998-1999 THROUGH 2001-2002 (PROJECT NO. 4030.6245) Recommendation: Award the Annual Street and Alley Repair Program, fiscal years 1998.1999 through 2001- 2002 to All American Asphalt, Corona, California, in the amount of $139,792.50 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. APPROVED 7. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 15316 (ESTRELLA) Recommendation: Accept all public improvements within Tract No. 15316 and authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 158306073, $392,000.00; Labor and Materials Bond No. 158306073, $196,000.00; and Monumentation Bond No. 158306087, $30,750.00 as recommended by the Public Works Department/ Engineering Division. APPROVED 8. AWARD OF CONTRACT FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION . AND SLURRY SEAL PROJECT, ANNUAL MAJOR MAINTENANCE PROGRAM FY 1998-99 (CI P NO. 700001) - Recommendation: Award the fiscal year 1998-99 Asphalt Concrete Rehabilitation and Slurry Seal Project contract to Palp, Inc., dba Excel Paving Company, in the amount .of $553,783.19 and authorize the .Mayor and City Clerk to execute the contract documents on behalf Action Agenda —City Counci[ February 1, 1999-- Page 3 u of the City as recommended by the Public Works Department/Engineering Division. APPROVED 9. PACIFIC BELL, CENTREX SERVICE AGREEMENT CONTINUATION Recommendation: (1) Authorize staff to execute agreements with Pacific Bell for a three-year term fora prepaid Centrex Services with features, Voice Mail Series 100, and Maintenance Service for 284 instruments, and (2) Authorize the City Manager to .borrow the total prepayment amount of approximately $230,000 from the City's Equipment Replacement Fund, to be repaid from the appropriate funds during the term of the agreement as recommended by the Finance Department. REGULAR BUSINESS ( ITEMS 10 THROUGH 11 ) APPROVED 10, ORANGE COUNTY REGIONAL AIRPORT AUTHORITY OCRAA (OCRAA) MEMBERSHIP WITH At the January 19, 1999 City Council meeting, a CONDITIONAL representative from the Orange County Regional Airport AIRPORT Authority made a presentation to the City Council and NEUTRALITY public comment was received regarding OCRAA LETTER membership. At the request of Councilmember Potts, (3-2 TW, JP OP) the City Council continued this _item to the February 1, 1999 meeting for final action. Recommendation: Pleasure of the City Council. ADOPTED 11. -ORDINANCE NO. 1210, ZONE CHANGE 98.005 ORDINANCE (APPLICANT: MR. ELMER TIEDJE, TUSTIN VILLAGE NO. 1210 COMMUNITY ASSOCIATION) Ordinance No.. 1210 had first reading by title only and introduction at the January 19, 1999 City Council meeting. Recommendation by the City Clerk's office: 1. Have second reading by title only of Ordinance No. 1210. 2. With a roll call vote, adopt the following Ordinance No. 12,10: Action Agenda—City Council February 1, 1999 — Page 4 ORDINANCE NO. 1210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE. 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON A .5 ACRE ABANDONED PARCEL OF: CALTRANS RIGHT-.OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS POTTS: REPORTED RECENT COLD WEATHER HAD DAMAGED STREET AND PARK LANDSCAPING AND SUGGESTED FUTURE REPLACEMENT WITH COLD-RESISTANT PLANTS REPORTED JACK GRACE'S COMPANY MAY DONATE A VAN TO THE CITY FOR USE BY THE SENIOR CENTER OR YOUTH CENTER AND EXTENDED HIS APPRECIATION REPORTED TRANSPORTATION CORRIDOR WEST LEG WOULD OPEN IN FEBRUARY, STREET' CONGESTION WOULD BE GREATLY ALLEVIATED, AND SUGGESTED TOLL ROAD ROUTES COULD BE UTILIZED FOR HIGH SPEED' RAIL TRANSPORTATION WORLEY: REPORTED THE FIRE AUTHORITY BOARD WAS IN THE PROCESS OF ANALYZING THE EQUITY STUDY, TUSTIN WAS ONE OF THE HIGHEST DEFICIENT CITIES, THE BOARD WOULD DELAY VOTING ON THE STUDY UNTIL JUNE, AND SHE REQUESTED COUNCIL REVIEW 'THE STUDY FOR POSSIBLE OPTIONS AVAILABLE TO TUSTIN NONE CLOSED SESSION - None 9:53 P.M. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Tuesday, February 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda — City Council February 1, 1999— Page 5 _ ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 1, 1999 r , 9:53 P.M. CALL TO ORDER ALL PRESENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED 1. APPROVAL OF MINUTES . — .JANUARY 19, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of January 19, 1999. APPROVED 2. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $404,575.27. NONE OTHER BUSINESS NONE CLOSED SESSION None 9:53 P.M. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Tuesday, February 16, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda— Redevelopment Agency February 1, 1999—Page 1