HomeMy WebLinkAboutZA 97-012/AMEND TTM 15380INDEX
APN No.: Lot 27 of Tract 13627
Project No.: ZA Action 97-012
REFERENCE FILES FOR ADDITIONAL DATA:
VTTM 15380, FTM 15380, DR 96-050,
TTM 15380, GPA 96-003, ZC 96-003
East Tustin Development Agreement Rev 3
Addendum 6 to Final EIR 85-21
Approved/Denied/Withdrawn Date: 11-17-1997
Address: Tustin Ranch Rd on the north & west;
Portola Parkway on the south; Jamboree Rd on east
1. ❑ Notice of Discretionary Approval
2. ❑ Agreement to Conditions Imposed
3. ® Resolution(s) / ZA Action
4. Exhibits: ❑ 4 — Plans ❑ 4 — Photos
❑ 4— Samples of Materials
5. ❑ Staff Report(s) /Director's Approval Letter
6. ❑ Environmental Postings 7. ❑ Correspondence
8. ® Legal Notice/Radius Map/ 9. ❑ Title Report
Mailing Labels
10. Application: ❑ 10. Campaign Statement
❑ 10. Development Application Form
❑ 10. Environmental Assessment Form
INDEX
CROSS REFERENCE
APN No.: Lot 27 of Tract 13627
Project No.: ZA Action 97-012
RTI N
FTM 15380, VTTM 15380, DR 96-050,
GPA 96-003 ZA Action 97-012, ZC 96-003,
East Tustin Development Agreement Rev 3,
Addendum 6 to Re -Certified Final EIR 85-21
Sector Plan 6 with Approved Conditions
Location: Tustin Ranch Rd on the north & west;
Portola Parkway on the south; Jamboree
Road on the east.
FOR ELECTRONIC DATA SEE
FTM 15380 / DR 96-050 / ZA Action 97-012
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2 ZONING ADMINISTRATOR ACTION 97-012
AMENDMENT TO CONDITIONS OF APPROVAL
3 NOVEMBER 17, 1997
4 The Zoning Administrator of the City of Tustin does hereby resolve
as follows:
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The Zoning Administrator finds and determines as follows:
A. That on July 14, 1997, the Planning Commission adopted
Resolution No. 3529 recommending that the City Council
approve Vesting Tentative Tract Map 15380. The City
Council approved Vesting Tentative Tract Map 15380 on
July 21, 1997 by adopting Resolution No. 97-58.
B. That Conditions 3.2 and 8.1(P) of Resolution No. 3529
state that landscape maintenance of 'all perimeter lots
shall be the responsibility of the Homeowner's
Association.
C. That the amendment will revise the responsibility of
maintenance of the perimeter landscaping Lots C through
J and M through P from the Homeowner's Association to the
City'S Landscape and Lighting District, consistent with
the requirements for the District to maintain landscape
adjacent to arterial highways.
D. Pursuant to Tustin City Code section 9299b(4) (d), the
Zoning Administrator may consider requests for amendments
to conditions of approval established by the Planning
Commission or City Council which are determined to be
minor in nature and do not alter the original intent of'
the project.
The Zoning Administrator hereby approves an amendment to the
Conditions 3.2 and 8.1(P) of Planning Commission Resolution
No. 3529 to read as follows:
Condition 3..2
"Landscape maintenance of perimeter Lots C through J and
M through P shall be the respons'ibility of the Tustin
Landscape and Lighting District and shall be equipped
with a computerized irrigation system fully compatible
with the existing systems currently utilized in other
areas of East Tustin, subject to approval of the Director
of Public Works Department."
Zoning Administration Action 97-012
Page 2
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Condition 8.1(P)
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"Lots C through J and M through P shall be mainta.ined by
the Tustin Landscape and Lighting District. Landscape
maintenance of all other lettered lots shall be by the
Homeowner's Association."
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All conditions of Planning Commission Resolution No. 3529
7 originally approving Tentative Tract Map 15380, with the
exception of Conditions 3.2 and 8.1(P), which are superseded
8 by this action, shall remain in full force and effect.
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PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 17th day of November, 1997.
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~:~y~
Recording Secretary
RICK BROWN, C.B.O.
Zoning Administrator Designee
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STATE OF CALIFORNIA
17 COUNTY OF ORANGE
CITY OF TUSTIN
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I, BARBARA REYES, the undersigned, hereby certify that I am the
20 Recording Secretary of the Zoning Administrator of the city of
Tustin, California; that Zoning Administrator Action No. 97-012 was
21 duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 17th day of November, 1997.
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BARBARA RE~
Recording Secretary
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SUPPORTING DATA
REGARDING THE ZONING
ADMINISTRATOR'S ACTION
( ZA ACTION 97-012 )
APPROVING AN AMENDMENT
TO THE "CONDITIONS OF
APPROVAL" RELATED TO THE
PLANNING COMMISSION'S
RESOLUTION NO. 3529
DATED 7-14-1997
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ZONING ADMINISTRATOR ACTION 97-012
1MENDMENT TO CONDITIONS OF APPROVAL
NOVEMBER 17, 1997
The Zoning Administrator of the City of Tustin does hereby resolve
as follows:
I. The Zoning Administrator finds and determines as follows:
A. That on July 14, 1997, the Planning Commission adopted
Resolution No. 3529 recommending that the City Council
approve Vesting Tentative Tract Map 15380. The City
Council approved Vesting Tentative Tract Map 15380 on
July 21, 1997 by adopting Resolution No. 97-58.
B. That Conditions 3.2 and 8.1(P) of Resolution No. 3529
state that landscape maintenance of all perimeter lots
shall be the responsibility of the Homeowner's
Association.
C. That the amendment will revise the responsibility of
maintenance of the perimeter landscaping Lots C through
J and M through P from the Homeowner's Association to the
City's Landscape and Lighting District, consistent with
the requirements for the District to maintain landscape
adjacent to arterial highways.
D. Pursuant to Tustin City Code Section 9299b(4)(d), the
Zoning Administrator may consider requests for amendments
to conditions of approval established by the Planning
Commission or City Council which are determined to be
minor in nature and do not alter the original intent of
the project.
Il. The Zoning Administrator hereby approves an amendment to the
Conditions 3.2 and 8.1(P) of Planning Commission Resolution
No. 3529 to read as follows:
Condition 3.2
"Landscape maintenance of perimeter Lots C through J and
M through P shall be the responsibility of the Tustin
Landscape and Lighting District and shall be equipped
with a computerized irrigation system fully compatible
with the existing systems currently utilized in other
areas of East Tustin, subject to approval of the Director
of Public Works Department."
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Zoning Administration Action 97-012
Page 2
Condition 8.1(P)
"Lots C through J and M through P shall be maintained by
the Tustin Landscape and Lighting District. Landscape
maintenance of all other lettered lots shall be by the
Homeowner's Association."
All conditions of Planning Commission Resolution No. 3529
originally approving Tentative Tract Map 15380, with the
exception of Conditions 3.2 and 8.1(P), which are superseded
by this action, shall remain in full force and effect.
PASSED AND ADOPTED by the Zoning Administrator of the City of
Tustin at a regular meeting held on the 17th day of November, 1997.
pa, aAt�,
RICK BROWN, C.B.O.
Zoning Administrator Designee
/C�
BARBARA REYES
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Zoning Administrator of the City of
Tustin, California; that Zoning Administrator Action No. 97-012 was
duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 17th day of November, 1997.
BARBARA REYES
Recording Secretary
I RESOLUTION NO. 97-58
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT
3 REPORT 85-2, AS MODIFIED BY ADDENDUM N0. 6 RELATED TO
GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003,
4 THIRD AMENDMENT OF THE TUSTIN DEVELOPMENT AGREEMENT
VESTING TENTATIVE TRACT MAP 15380 AND DESIGN REVIEW 96-
5 050 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
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The City Council of the City of Tustin does hereby resolve as
7 follows:
8 I. The City Council finds and determines as follows:
9 A. That an application has been'filed by the Irvine
Company, requesting approval of General Plan
10 Amendment 96-003, Zone Change 96-003, Amendments
to the East Tustin Specific Plan, and Third
11 Amendment to the East Tustin Development
Agreement. In addition, an application has been
12 filed by Richmond American Homes requesting
approval of Vesting Tentative Tract Map No. 15380
13 and Design Review 96-50.
14 B. That an Initial Study was prepared during the
review process which determined that no
15 significant environmental impacts beyond that
previously considered would occur as a result of.
16 the proposed project and that an addendum to
Environmental Impact Report (EIR) 85-2 would be
17 required for this project.
18 C. That Addendum No. 6 to EIR 85-2 was prepared in
compliance with Section 15164 of the California
19 Environmental Quality Act (CEQA).
20 D. That pursuant to CEQA, EIR 85-2 has previously
been prepared and certified and adequately
21 addresses the general environmental setting of the
project, significant environmental impacts, and
22 the alternatives and mitigation measures related
to each significant environmental effect and that
23 no additional environmental impacts or mitigation
measures were identified in Addendum No. 6 to EIR
24 85-2.
25 E. That Addendum No.6 to EIR 85-2 prepared for the
project addresses only minor technical changes or
26 additions and none of the conditions described in
Section 15162 of the CEQA Guidelines have
27 occurred.
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Resolution No. 97-58
Page 2
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3 II. The Irvine Company shall pay City':s defense costs
(including attorneys' fees) and indemnify and hold City
4 harmless from and against any claims, losses,
liabilities or damages assessed or awarded,against City
5 by way of judgement, settlement or.stipulation '
(including awards for costs, attorneys' fees, and
6 expert witness fees), arising from actions filed
against the: City challenging the City's approval of
7 Addendum No. 6 to EIR 85-2.
8 III. The East Tustin Specific Plan Final Environmental
Impact Report (8572), previously certified on March 17,
9 1986, as modified by subsequently adopted supplements
and addenda, was considered prior to the City Council
10 approval of this project. The City Council hereby
finds: this project is within the scope of the East
it Tustin Specific Plan previously approved, the effects
of this project, related to grading,.drainage,
12 circulation, public services and utilities, were
examined in the.Program EIR, particularly in.the
13 traffic analysis contained in the technical Appendices.
of said EIR, as modified by subsequently approved
14 supplements and addenda, and Addendum No. 6 to EIR 85-2
addressing the.proposed amendments incorporated herein
15 by.reference. All feasible mitigation measures and .
alternatives developed in the Program EIR, are
16 therefore determined to be adequate to serve as a
Program EIR for this project and satisfies all
17 requirements of the California Environmental Quality
Act.
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Applicable mitigation measures identi.fied.in the Final
19 EIR have been incorporated into this project which
mitigates any potentially significant environmental
20 effects thereof. The mitigation measures are
identified as Conditions of Approval related to the
21 Third Amendment to the East Tustin Development
Agreement, Vesting -Tentative Tract Map No. 15380 and
22 Design Review 96-050.
23 PASSED AND ADOPTED by the City Council of the City of Tustin, at
a regular meeting on the 21st day of July, 19
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25 Y A. THOMAS
MAYOR
26 A/J�AUC1�L (�
27 MELA STOKER
CITY CLERK
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Resolution No. 97-58
Page 3
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STATE OF CALIFORNIA )
3 COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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5 CERTIFICATION FOR RESOLUTION NO. 97-58
6 PAMELA STOKER, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
7 that the whole _number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution.
8 No. 97-58 was duly adopted'at a regular meeting of the Tustin
City Council, held on the 21st day of July, 1997.
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COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
10 COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED:None
11 COUNCILMEMBER ABSENT: None
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13 PAMELA STOKER
CITY CLERK
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JULY 21, 1997
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Thomas at 7:06 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Councilmember Potts.
INVOCATION
The Invocation was given by Rev. Christopher Heath, St. Cecilia Is Catholic
Church.
ROLL CALL
Council Present:
Jeffery M. Thomas, Mayor
Thomas R. Saltarelli, Mayor Pro Tem
Mike Doyle
Jim Potts
Tracy Wills Worley
Council Absent:
None
City Clerk:
Pamela Stoker
Others Present:
William A. Huston, City Manager
Lois Jeffrey, City Attorney
Christine Shingleton, Assistant City Manager
Elizabeth Binsack, Director of Com. Development
Steve Foster, Acting Chief of Police
Ronald A. Nault, Finance Director
Tim Serlet, Director of Public Works
Mike Henley, Director of Community Services
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Dir./Com. Development
Martin Pastucha, Field Services Manager
Valerie Crabill, Chief Deputy City Clerk
Sara Pashalides, Associate Planner
Joe Meyers, Administrative Assistant
Dave Gottlieb, Senior Project Manager
Dan Fox, Senior Planner
Bettie Correa, Senior Personnel Analyst
Approximately 35 in the audience
PROCLAMATIONS
1996 WOMAN OF THE YEAR - JUANITA LOVRET
Mayor Thomas read and presented a proclamation honoring Juanita
Lovret as the 1996 Woman of the Year.
Juanita Lovret accepted the proclamation; remarked on the Tustin
landmarks depicted on the proclamation; thanked Council for the
recognition; and stated it was an honor to have been recognized
for her volunteer work.
1996 MAN OF THE YEAR - DONALD SALTARELLI
Mayor Thomas read and presented a proclamation honoring Donald
Saltarelli as the 1996 Man of the Year.
Donald Saltarelli thanked Council for the proclamation, wished
Council continued success and commended them on the remarkable
dedication and service they were providing for the City.
PACIFIC BELL
Mayor Thomas read and presented a proclamation to Pacific Bell for
donating $5,500 to help underwrite costs for the 1997 Concerts in
the Park.
Pam Phelps, Pacific Bell, thanked Council for the proclamation and
stated Pacific Bell was pleased to support the Concert Series and
pledged sponsorship for future City events.
CITY COUNCIL MINUTES
Page 2, 7-21-97
ORANGE COUNTY VECTOR CONTROL BY FABIE COMBS
Fabie Combs, Vector Control representative, reported that the per
property Vector Control 1997/98 assessment would remain at the
current rate; presented an informational video program, "The Bug
Stops Here"; stated she would continue to report Vector Control
information to the City; requested a proclamation recognizing
Orange County Vector Control's 50th Anniversary on August 21,
1997; and invited Council to the event.
Councilmember Doyle commented on Vector Control's prompt,
courteous, and informative response to residents' calls for
service.
PUBLIC INPUT
TUSTIN MEADOWS SIGN INSTALLATION
Fabie Combs, representing Tustin Meadows Association, requested
installation of a sign structure, to be used for homeowner
association information and activities, at the Oxford and Roanoke
Avenues entrance to the Tustin Meadows development.
Council concurred to refer the matter to staff.
CITIZEN COMPLAINT
Onnolee Elliott, Tustin, addressed Council regarding a claim she
had filed and requested termination of specified employees.
Mayor Thomas stated that Council had been listening to the same
comments from the speaker for years; the employees referred to -
would not be terminated; and unless issues were raised that
Council could review, the speaker's remarks were unnecessary.
Councilmember Doyle noted his displeasure with the speaker's
comments regarding staff and encouraged residents dissatisfied
with where they reside to relocate.
PUBLIC HEARING (ITEMS 1 THROUGH 2)
1. PUBLIC HEARING TO CONSIDER A FEE ADJUSTMENT FOR SOLID WASTE
COLLECTION FOR THE FISCAL YEAR 1997/98
Ronald Nault, Director of Finance, reported that Waste Management
had submitted calculations to staff regarding proposed rate
adjustments to be placed on the 1997/98 tax roll; explained the
fees included in the calculations; stated staff was working with
Waste Management to verify the rates; said that a final
recommendation would be presented at the August 4, 1997 Council
meeting; and noted that the tax roll increase would be
approximately 5% annually.
Council/staff discussion followed regarding staff's review of the
proposed fee increase prior to the next public hearing.
Mayor Thomas opened the Public Hearing at 7:43 p.m. There were no
speakers on the subject.
It was moved by Potts, seconded by Worley, to continue the Public
Hearing to the August 4, 1997 Council meeting.
Motion carried 5-0.
400-10
2. GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT
TO EAST TUSTIN DEVELOPMENT AGREEMENT AND VESTING TENTATIVE TRACT
MAP 15380 (THE IRVINE COMPANY AND RICHMOND AMERICAN HOMES)
Sara Pashalides, Associate Planner, reported that the applicants
were proposing to change the land use designation for a 31 -acre
site located between Jamboree Road, Tustin Ranch Road, and Portola
Parkway; a 12 -acre portion of this site would be changed from
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CITY COUNCIL MINUTES
Page 3, 7-21-97
commercial use to medium -low residential designation; the
remaining 19 acres of the site would be changed from high density
residential to medium -low density residential; 162 single-family
detached units were proposed on the site; the Third Amendment to
the East Tustin Development Agreement would require The Irvine
Company to make financial contributions to the City's Park
Development Fund and convert and maintain an existing grapefruit
orchard to a lemon grove; and the Planning Commission recommended
approval of the project and its concept, site and architectural
plans. She explained that the proposed change to medium -low
density residential would permit a maximum of 310 dwelling units;
the land use designation change would decrease traffic due to
elimination of the commercial use and the reduction of density for
the entire site; the East Tustin Development Agreement amendment
provided that Lot 27 would be developed by Richmond American;
additional standards were included in the Development Agreement to
provide more restrictive development standards than the medium -low
density development standards of the East Tustin Specific Plan;
and the Development Agreement required that side and rear
elevations facing perimeter streets would include additional
architectural variety details and enhancement.
Mayor Thomas opened the Public Hearing at 7:50 p.m.
The following member of the audience spoke in favor of General
Plan Amendment 96-003, Zone Change 96-003, Third Amendment to East
Tustin Development Agreement and Vesting Tentative Tract Map
15380:
Mike LeBlanc, The Irvine Company
Mayor Thomas questioned how the developer planned to vary the roof
elements.
Mel Mercado, Richmond American Homes, responded that a meeting
with staff would be scheduled to refine the roof elements and
elevations.
Council/speaker Mercado discussion followed regarding
architectural variety, roof elevations, and setbacks.
There were no other speakers on the subject and the Public Hearing
was closed at 7:53 p.m.
Councilmember Worley stated she
residential land use rather than
use; remarked on the benefit of
the proposed lower density; and
orchard would remain.
supported single family detached
the original proposed commercial
the 77% traffic reduction due to
stated she was pleased the fruit
Mayor Pro Tem Saltarelli noted that The Irvine Company promoted
the aesthetic value of homes to their retail builders; commented
on the plain architectural style of the 1960s and 1970s; and
supported attractive features for the rear of dwelling units
viewed from Jamboree Road, the primary entrance to the tract.
Mayor Thomas supported an aesthetic architectural view of the
tract from Jamboree Road; encouraged landscaping with mature
trees; noted the significance of the 77% reduction in traffic;
stated this was a good project; and welcomed Richmond American
Homes to Tustin.
Council/staff discussion followed regarding revised project plans
submitted by Richmond American Homes would be reviewed by staff.
It was moved by Potts, seconded by Worley, (1) to adopt the
following Resolution No. 97-58 recertifying final EIR 85-2 as
modified by Addendum No. 6 prepared for this project; (2) to adopt
the following Resolution No. 97-59 approving General Plan
Amendment 96-003, (3) have first reading by title only and
introduction of Ordinance No. 1183; (4) have first reading by
title only and introduction of Ordinance No. 1182; and (5) adopt
the following Resolution No. 97-73 approving Vesting Tentative
Tract No. 15380:
CITY COUNCIL MINUTES
Page 4, 7-21-97
RESOLUTION NO. 97-58 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT 85-2, AS MODIFIED BY ADDENDUM NO. 6 RELATED TO
GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT
OF THE TUSTIN DEVELOPMENT AGREEMENT, VESTING TENTATIVE TRACT MAP
15380 AND DESIGN REVIEW 96-050 AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 97-59 - A RESOLUTION OF THE CITY COUNCIL OF THE _
CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96-
003 TO CHANGE THE LAND USE DESIGNATION OF THE CITY'S GENERAL PLAN
LAND USE MAP ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN
SPECIFIC PLAN AREA
RESOLUTION NO. 97-73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP
NO. 15380 LOCATED ON THE SOUTHWEST CORNER OF JAMBOREE ROAD AND
TUSTIN RANCH ROAD 615-20
610-60
Motion carried 5-0. fJO-10
600-70
The City Clerk read the following Ordinance Nos. 1183 and 1182 by
title only:
ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-003 TO CHANGE THE
ZONING DESIGNATION AND THE EAST TUSTIN SPECIFIC PLAN LAND USE PLAN
ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA,
INCLUDING TEXT AND STATISTICAL SUMMARY REVISIONS TO THE EAST
TUSTIN SPECIFIC PLAN
ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE EAST
TUSTIN DEVELOPMENT AGREEMENT, AS DEFINED BY SECTION 65865.2 OF THE
CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE
IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN
SPECIFIC PLAN AREA
CONSENT CALENDAR (ITEMS 3 THROUGH 12)
Item No. 8 was removed from the Consent Calendar by Mayor Thomas. It was
moved by Potts, seconded by Worley, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES - JULY 7, 1997 REGULAR MEETING
Recommendation: Approve the City Council Minutes of July 7, 1997.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,338,698.90
and ratify Payroll in the amount of $360,204.30. 380-10
360-82
5. RESOLUTION NO. 97-65 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE SYCAMORE AVENUE STORM DRAIN AND BLOCK WALL PROJECT BETWEEN
NEWPORT AVENUE AND THE SR -55 FREEWAY, AND AUTHORIZING
ADVERTISEMENT FOR BIDS (CIP NO. 700149 RDA)
Recommendation: Adopt Resolution No. 97-65 approving the plans
and specifications for the Sycamore Avenue Storm Drain and Block
Wall Project between Newport Avenue and the SR -55 Freeway and
authorizing and directing the City Clerk to advertise for bids,
subject to approval by the Tustin Community Redevelopment Agency
as recommended by the Public Works Department/Engineering
Division. 400-45
6. RESOLUTION NO. 97-72 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "A" STREET AND MOUNTAIN VIEW DRIVE RECONSTRUCTION PROJECTS
BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700145 AND
700146)
Recommendation: Adopt Resolution No. 97-72 approving the plans
and specifications for the "A" Street and Mountain View Drive
reconstruction projects between First Street and Irvine Boulevard
and authorizing and directing the City Clerk to advertise for bids
as recommended by the Public Works Department/Engineering
CITY COUNCIL MINUTES
Page 5, 7-21-97
Division. 400-45
7. AWARD OF CONTRACT FOR THE NEWPORT AVENUE REHABILITATION PROJECT
(CIP NOS. 7001260 700129 AND 700153)
Recommendation: Declare that Sequel Contractors and Hillcrest
Contractors bids are non-responsive and award the Newport Avenue
Rehabilitation Project contract to R.J. Noble Company, in the
amount of $697,611.55 (the lowest responsive bid) as recommended
by the Public Works Department/Engineering-Division. 400-45
9. APPROVAL OF SPECIFICATIONS AND AUTHORI2ATION TO BID FOR HVAC
SERVICES
Recommendation: Approve the specifications for Heating,
Ventilating, Air Conditioning Systems (HVAC) Maintenance and
Repair Programs, and authorize staff to solicit bids from
qualified vendors to provide this service as recommended by the
Public Works Department/Field Services Division. 400-45
10. PROGRESS REPORT ON CEDAR GROVE PARK (PROJECT 400041) AND HERITAGE
WAY PARR (PROJECT NO. 400042)
Recommendation: Receive and file as recommended by the Community
Services Department. 920-05
11. RESOLUTION NO 97-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL
DISABILITY OF CHARLES CARVAJAL
Recommendation: Approve Resolution No. 97-74 finding and
determining the industrial disability retirement of Charles
Carvajal as recommended by Personnel Services. 520-60
12. PLANNING COMMISSION ACTION AGENDA - JULY 14, 1997
All actions of the Planning Commission become final unless
appealed by the City Council or member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of
July 14, 1997. 120-50
CONSENT CALENDAR_-1TEM NO. S - APPROVAL OF ADVERTISING BUS SHELTER
LOCATIONS PURSUANT TO TUSTIN CITY CODE SECTION 9404
Mayor Thomas requested staff examine transferring bus shelter advertising
revenue to the City's Park Development Fund.
It was moved by Worley. seconded by Doyle, to approve eleven additional
locations proposed for advertising bus shelters
Motion carried 5-0.
REGULAR BUS3319BB
(ITEMS 13 THROUGH 16)
690-35
13. ORDINANCE NO..1184, ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE
ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132
RELATED TO CITATION PROCEDURES
Mayor Thomas noted written comments had been received from the
California Grocers Association requesting language modification to
Ordinance No. 1184. He stated the ordinance could be amended in
the future to accommodate their request if the Council desired.
It was moved by Potts. seconded by Saltarelli, to have second
reading by title only and adoption of Ordinance No. 1184.
The City Clerk read the following Ordinance No. 1184 by title
only:
ORDINANCE NO. 1184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN
CITY CODE RELATING TO THE ABATEMENT OF SHOPPING CART NUISANCE AND
AMENDING SECTION 1132 -OF THE TUSTIN CITY CODE
Motion carried 5-0 (roll call vote). 440-10
CITY COUNCIL MINUTES
Page 6, 7-21-97
14. ORDINANCE NO. 1181, PAINTING OF EXTERIOR MATERIALS USED TO SECURE
OPENINGS WITHIN BUILDINGS
It was moved by Doyle, seconded by Saltarelli, to have second
reading by title only and adoption of Ordinance No. 1181.
The City Clerk read. the following Ordinance No. 1181 by title
only:
ORDINANCE NO. 1181 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, PUBLIC SAFETY, CHAPTER
5, PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS AND
STANDARDS, SECTION 5502 OF THE TUSTIN CITY CODE
Motion carried 5-0 (roll call vote). 440-10
15. SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES (SAAV)
PROGRAM
It was moved by Saltarelli, seconded by Doyle, to authorize the
Community Development Department to apply to the orange County
Transportation Authority (OCTA) through the service Authority
Abandoned Vehicles (SAAV) program for funding for the purchase of
a new code enforcement vehicle to support the City's Abandoned
Vehicle Program; and to approve appropriation of funds to the
Community Development Department Passenger Vehicle Account if the
funds are received.
Motion carried 5-0. 390-60
16. QUARTERLY INVESTMENT REPORT ENDING JUNE 30, 1997
It was moved by Potts, seconded by Worley, to receive and file
subject report.
Motion carried 5-0. 355-50
PUBLIC INPUT - None
OTHER BUSINESS
ADDITION TO CLOSED SESSION AGENDA
Mayor Thomas announced that it was necessary to add real property
negotiations regarding Marine Corps Air Station, Tustin, as an
urgency matter, to the Closed Session Agenda.
It was moved by Doyle, seconded by Potts, that an immediate need
for action regarding real property negotiations for Marine Corps
Air Station, Tustin, came to the attention of staff after posting
of the agenda.
Motion carried 5-0.
It was moved by Potts, seconded by Worley, to add real property
negotiations for Marine Corps Air Station, Tustin, to the Closed
Session Agenda as an urgency matter.
Motion carried 5-0.
WASHINGTON, D.C. LEASE
NEGOTIATION RESULTS
Councilmember Doyle reported that his tirade at the last meeting
against the Federal Government due to the failed lease agreement
apparently was effective because Council and staff reported their
recent trip to Washington, D.C. appeared to have been successful.
Councilmember Worley reported she and staff made what appeared to
be a successful trip to Washington D.C., and met with elected and
military officials regarding resolution of the failed lease
agreement, Army Reserve request for housing, Moffett Trenches
clean-up, and various other base closure matters.
CITY COUNCIL MINUTES
Page 7, 7-21-97
ORANGE COUNTY VECTOR CONTROL VIDEO
Councilmember Potts noted the importance of Vector Control in the
County, but voiced his disapproval with political commentary at
the end of Vector Control's video, "The Bug Stops Here."
DOGS IN PARRS
Mayor Pro Tem Saltarelli requested Council review the ordinance
that controls dogs in parks; he had observed dog owners not
complying with the leash law and failing to clean-up after their
pets at the Tustin Sports Park; and he requested installation of
proper signs and the issuance of citations.
PUBLIC COMMENTS
Mayor Pro Tem Saltarelli noted that all citizens were entitled to
address the Council; however, defamation of character and personal
attacks against staff would not be tolerated.
Mayor Thomas stated he would not allow verbal attacks against
staff at future Council meetings.
WEED ABATEMENT - JAMBOREE ROAD MEDIAN
Mayor Thomas requested median weed abatement on Jamboree Road near
the bridge overcrossing.
William Huston, City Manager, responded that the median was
located in the City of Irvine and staff would forward a request
for abatement.
TUSTIN THUNDER - AUGUST 1-3, 1997
Mayor Thomas encouraged residents to attend the Tustin Thunder
event on August 1-3, 1997.
17TH STREET DESALTER DEDICATION
Mayor Thomas encouraged residents to attend the July 22, 1997,
17th Street Desalter dedication ceremony.
BUDGET WORKSHOP - AUGUST 4, 1997
Mayor Thomas suggested Council conduct a budget workshop on August
4, 1997, at 5:30 p.m. Council concurred.
JOINT MEETING - TUSTIN UNIFIED SCHOOL DISTRICT
Mayor Thomas suggested Council host a joint meeting with the
Tustin Unified School District Board on September 29, 1997, and
requested staff forward a letter of invitation to the Board.
COMMITTEE REPORTS - None
CLOSED SESSION
Mayor Thomas announced that the City Council shall convene in closed
session to confer with the City Attorney regarding: (1) pending litigation
to which the City was a party; W.D. Franks vs. City of Tustin, et. al.
(WCAB-AHM 0040436); (2) the claims of Gloria Young, Claim No. 97-26 and
D.S. Richards (Claim No. not assigned); and (3) real property negotiations
on interim leasing and ultimate land sale between the U.S. Navy, City of
Tustin, and HON HAI/FOX CONN for property defined as Planning Area No. 11
on the MCAS Tustin site in the vicinity of Red Hill Avenue and Barranca
Parkway pursuant to Government Code Section 54956.8, the negotiations
concern price and other terms of the proposed lease and sale.
Mayor Thomas adjourned the meeting at 8:20 p.m. The City Council
scheduled a budget workshop on August 4, 1997, at 5:30 p.m.; and the next
regular meeting of the City Council was scheduled for Monday, August 4,
1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way.
CITY COUNCIL MINUTES
Page 8, 7-21-97
CLOSED SESSION
It was move and seconded to deny the claim of Gloria Young, Claim No. 97-
26, and direct the City Clerk to send notice to the claimant and the
claimant's attorney.
Motion carried 5-0.
JEWAM Jr. THOMAS
v
LA STOKERr CITY CLERK
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RESOLUTION NO. 3529
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL
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APPROVE VESTING TENTATIVE TRACT MAP NO. 15380
LOCATED ON LOT 27, TRACT 13627.
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The Planning Commission of the City of Tustin does hereby
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resolve as follows:
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I. The Planning Commission finds and determines as
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follows:
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A. That Vesting Tentative Tract Map No. 15380 was
submitted to the Planning Commission by Richmond
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American Homes, Inc. for consideration;
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B. That a public hearing was duly called, noticed
and held for said map on July 14, 1997 by the
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Planning Commission;
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C. That Environmental Impact Report 85-2, as
modified by Addendum # 6 for the East Tustin
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Specific Plan, has been recommended for
certification in conformance with the
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requirements of the California Environmental
Quality Act for the subject project;
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b. That General Plan Amendment 96-003, Zone Change
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96-003 and third Amendment to. the East Tustin
Devleopment Agreement have been recommended for
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approval so that the proposed subdivision will be
in conformance with the Tustin Area General Plan,
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adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it pertains
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to the development of single-family dwellings;
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E. The 1.6524 acres of parkland required for this
development was previously dedicated with
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recordation of Tract 13627; .
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F. That the City has reviewed the status of the
School Facilities Agreement between the Irvine
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Company and the Tustin Unified School District,
for the'impact of Vesting Tentative Tract 15380
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on School District facilities, and changes in
State law. The impacts associated with this
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approval on School District Facilities are
adequately addressed;
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G. That the site is physically suitable for the type
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of development proposed;
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Resolution No. 3529
Page 2
H. That the site is physically suitable for the
proposed density of development;
I. That the design of the subdivision or the
proposed improvements are not likely to cadse
substantial environmental damage or substantially
and avoidably injure fish .or wildlife. in their
habitat;
J. That -the design of the subdivision or the type of
improvements proposed will not conflict with.
easements acquired by the public, for access
through or use of the property within the
proposed subdivision;
K. That the design of the subdivision or the types
of improvements proposed are not likely to cause
serious public health problems; and,
L. The project has been determined to be exempt from
the provisions of Measure "M" because
entitlements specified in the East Tustin
Development Agreement entered into in 1985, and
the estimated project generated traffic does not
cause the roadway system to exceed established
levels of service standards.
M. That the proposed dedication of additional right-
of-way on Jamboree Road is necessary to satisfy
the mitigation measures included in EIR 85-2 as
it relates to the required circulation plan.
II. The Planning Commission hereby recommends that the
City Council approve Vesting Tentative Tract Map No.
15380, subject to the conditions contained in Exhibit
A attached hereto.
PASSED AND ADOPTED
Planning Commission,
at a regular meeting of the Tustin
held on the 14th d of July, 1997.
LOU BONE
Chairman
BARBARA REYES
Recording Secretary
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Resolution No. 3529
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the
City of Tustin, California; that Resolution No. 3529 was
duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 14th day of July, 1997.
B�ARA REY- E
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 15380
RESOLUTION NO. 3529
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 Within 24 months from tentative map approval, the
Subdivider shall record with appropriate agencies, a
final map prepared in accordance with subdivision
requirements of the Tustin Municipal Code, the State
Subdivision Map Act, and applicable conditions contained
herein unless an extension is granted pursuant to Section
9335.08 of the Tustin Municipal Code.
(1) 1.2 Prior to release of building permits, all conditions of
approval of Design Review 96-050 for the subject project
shall be complied with as shown on Exhibit A attached to
Resolution No. 3528 and incorporated herein by reference.
However, the applicant will be permitted to obtain
building permits for model home construction prior to
approval of a final map provided approvals have been
obtained from the Community Development, Public works and
Fire Departments.
(1) 1.3 The subdivider shall conform to all applicable
requirements of the State Subdivision Map Act, the City's
Subdivision Ordinance, in the East Tustin Specific Plan
and Development Agreement (and amendments thereto), EIR
85-2, and applicable conditions for Tentative Tract Map
13627.
(1) 1.4 The cumulative number of residential units for which
(2) certificates of occupancy may be issued shall not exceed
the cumulative total or square feet of occupied revenue
generating uses or equivalents as shown in'the East
Tustin Specific Plan Development Agreement.
(5) 1.5' The subdivider shall be required to execute Subdivision/
Monumentation Agreements and provide improvement /monu-
mentation Bonds to the City prior to recordation of the
final map.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC.POLICY
(4) DESIGN REVIEW
*** EXCEPTION.
Exhibit A
Resolution No. 3529
Page 2
(1) 1.6 Prior to final map approval, the subdivider'shall submit:
A. A current title report;
B. A duplicate mylar of the Final Map, or 8% inch by
11 inch transparency of each map sheet prior to
final map approval and "as built" grading,
landscape and improvement plans prior to
Certificate of Acceptance; and
C. A list of street names to be approved by. the City
of Tustin Street Naming Committee.
(4) 1.7 'Approval of Vesting Tentative Tract Map 15380 is
contingent upon the execution of the Third Amendment to
the East Tustin Development Agreement and approval of
General Plan Amendment 96-003 and Zone Change 96-003 by
the City Council.
(1) 1.8 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.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1) 2.1 Prior to recordation of final map, the Subdivider shall
(2) prepare plans for and construct or post security
(3) guarantying construction of all public and/or private,
(6) infrastructure improvements within the boundary of said
tract map in"conformance with applicable City standards,
including but not limited to the following:
A. Curb and gutter/cross gutters
B.
Sidewalks including
access facilities for
physically handicapped
persons
C.
Drive aprons/approach
D.
Street paving
E.
Street signing
F.
Landscaping/irrigation
facilities
G.
-Sanitary sewer service
facilities
H.
Domestic water service
facilities
I.
Reclaimed water service
facilities
J.
Utility connections
(i.e., gas, electric,
telephone, and cable T.V.
facilities)
K.
Traffic signal systems
and other traffic control
devices
L.
Street and paseo lighting
M
Exhibit A
Resolution No. 3529
Page 3
M. Storm drains and subdrains, the storm drain
facilities within this tract will be private drains
to be maintained by the Homeowner's Association..
N. Undergrounding of existing and proposed utility
distribution lines
O. Lot monumentation
P. Fire hydrants
The above plan shall. be prepared by a California
Registered Civil Engineer. In addition, prior to the
issuance of any permits, the developer shall submit a 24"
x 36" reproducible work area traffic control plan,
prepared by a California Registered Traffic Engineer or
Civil Engineer experienced with this type of plan
preparation.
(1) 2.2 The amount of acceptable security for construction of
(5) public improvements shall be reviewed and approved by the
Public Works Department. The amount and acceptable
security for private improvements shall be reviewed and
approved by the Building Official.
(1) 2.3 A separate 24" X 36" street improvement plan, as prepared
by a California Registered Civil Engineer, will be
required for all 'construction within the public
right-of-way. All construction shall be referenced to
applicable City, County, or Irvine Ranch Water District
standard drawing numbers. Said plan shall include, but
not be limited to the following:
1. Curb and gutter
2. Sidewalks, including curb ramps for the physically
modifications
drain laterals/connection to
system.
In addition, a..24" X 36" reproducible construction area
traffic control plan, as prepared by a California
Registered Traffic Engineer or Civil Engineer experienced
in this type of plan preparation, will be required.
(5) 2.4 The street improvement plan shall also include striping
and signing plans to modify existing striping on Tustin
Ranch Road, Portola Parkway'and Jamboree Road.
disabled
3.
Drive aprons
4.
All signing/striping
5.
Street paving
6.
Street lights
7.
Catch basins/storm
existing storm drain
modifications
drain laterals/connection to
system.
In addition, a..24" X 36" reproducible construction area
traffic control plan, as prepared by a California
Registered Traffic Engineer or Civil Engineer experienced
in this type of plan preparation, will be required.
(5) 2.4 The street improvement plan shall also include striping
and signing plans to modify existing striping on Tustin
Ranch Road, Portola Parkway'and Jamboree Road.
Exhibit A
Resolution No. 3529
Page 4
(1) 2.5 All changes in existing curbs, gutters, sidewalks
(5) and other public improvements shall be the responsibility
of subdivider.
(1) 2.6 Preparation of plans for and construction of:
(2)
(5)" A. All sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering
agency. These facilities shall include a 'gravity
flow system per standards of the Irvine Ranch Water
District.
B. A domestic water system must be designed and
installed to the standards of the Irvine Ranch
Water District or City of Tustin Water Department,
whichever is applicable at the time of plan
preparation. Improvement plans shall also be
reviewed and approved by the Orange County Fire
Department for fire protection purposes. The
adequacy and reliability of water system design and
the distribution of fire hydrants will be
evaluated. The water distribution system and
appurtenances shall also conform.to the applicable
laws and adopted regulations enforced by the Orange
County Health Department. Any required reclaimed
water systems shall meet the standards as required
by the Irvine Ranch Water District.
C. Sewer and water facilities shall be clearly
indicated as publicly maintained. Maintenance
access to water facilities shall be the
responsibility of the Homeowner's Association, and
accommodations for such access shall be established
prior.to building permit issuance.
(1) 2.7 Proposed streets shall be designed to the following
(5) specifications:
(6)
A. All proposed streets and drives shall be designed
in substantially the same width and. alignment as
shown on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works.
B. All streets shall be constructed in accordance with
City requirements in terms of type and quality of
materials used where practical.
Exhibit A
Resolution No. 3529
Page 5
C. Parking shall be prohibited within cul-de-sacs,
curves and along entry Streets "A" and "G".
Signage and/or red curbing shall be installed where
appropriate.
(1) 2.8 Existing sewer, domestid water, reclaimed water and storm
drain service laterals shall be utilized.
(5) 2.9 In addition to the normal full size plan submittal
process, all final development plans including, but not
limited to: tract maps, parcel maps, right-of-way maps,
records of survey, public works improvements, private
infrastructure improvements, final grading plans, and
site plans are also required to be submitted to the
Public Works Department/Engineering Division in computer
aided design and drafting (CARD) format. The acceptable
formats shall be Integraph DGN or Autocad DWG file
format, but in no case less than DXF file format. The
City of Tustin CADD conventions shall be followed in
preparing plans in CADD, and these guidelines are
available from the Engineering Division.
The CADD files shall be submitted to the City at the time
the plans are approved, and updated CARD files reflecting
"as built" conditions shall be submitted once all
construction has been completed.
(5) 2.10 The Subdivider shall submit two (2) copies of the Notice
of Intent for the NPDES construction permit, as submitted
to the State of California Water Resources Control Board
(one copy to Community Development Department/Building
Division and one to the Public Works Department/Engineer-
ing Division).
(5) 2.11 An additional typical section for Jamboree Road will need
to be shown on the tentative map for the area of the
street widening.
(5) 2,12 Existing utility/storm drain service laterals will need
to be utilized for this development The proposed storm
drain lateral -from the end of the cul-de-sac of Street
"C" to the existing 18" storm drain on Jamboree Road will
not be permitted. The proposed storm drain will need to
be located in the lettered lots "E" and "F" and connected
to the proposed storm drain in Lot "E" from the end of
the cul-de-sac of Street "B".
Exhibit A
Resolution No. 3529
Page 6
(5) 2.13 Additional detail is needed with respect to the drainage
through the intersection of Street "A" at Portola
Parkway. It appears that execution of a drainage
agreement may be required -
(5) 2.14 The entry area detail shown on the conceptual landscape
plan needs to be modified as follows:
• The median nose needs to be located 15' behind the
M delta of the curb returns.
• The call box needs to be relocated to provide a
minimum 60' of stacking distance between the call
box and the crosswalk at the intersection.
• Identify if this detail is typical for both entry
areas.
DEDICATIONS/RESERVATIONS/EASEMENTS
(1) 3.1 The subdivider shall satisfy dedication and/or
(2)reservation requirements as applicable, including but not
- (5) limited to dedication of all required street and flood
control right-of-way easements, vehicular access rights,
sewer easements and water easements defined and approved
as to specific location by the City Engineer and other
agencies.
(1) 3.2 Landscape maintenance of all perimeter lots shall be the
(5) responsibility of the Homeowners Association.
(5) 3.3 Dedication of an additional five feet of street right-of-
way along the Jamboree Road frontage from Portola Parkway
to approximately 650 feet northerly of Portola Parkway
and tapering from that point and joining the existing
right -of way line at approximately 950 feet northerly of
Portola Parkway. This dedication is required in order to
provide for a consistent three 12' wide southbound travel
lanes, an 8' wide bike lane and a 9' wide parkway along
this frontage.
Exhibit A
Resolution No. 3529
Page 7
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 4.1 Prior to recordation of the final map, subdivider shall
(2) post with the Community Development Department a minimum
(5) $2,500 cash deposit or letter of credit to guarantee the
sweeping of streets and clean-up of streets affected by
construction activities. In the event this deposit is
depleted prior to completion of development or City
appearance of public streets, an additional incremental
.deposit will be required.
(1) 4.2 Any damage done to existing street improvements and
(5) utilities shall. be repaired before acceptance of the
tract and/or issuance of a Certificate of Occupancy for
the development on any parcel within the subdivision.
(1)' 4.3 Prior to any work in the public right-of-way, an
Encroachment Permit must be obtained from and applicable
fees paid to the Public Works Department.
(5) 4.4 The developer will be required to construct the following
improvements along the Jamboree Road frontage:
a) widen the westerly side of Jamboree Road to provide
for a consistent three 12 foot wide southbound
travel lanes, 8 foot wide bike lane, 9 foot wide
parkway including sidewalk within the limits stated
in Item No. 3.3 above.
b) All traffic signal, signing and striping
modifications, median nose modification on Portola
Parkway at Jamboree Road, as well as storm drain,
street lights, and utilities modification required
along Jamboree Road as a result of the Jamboree
Road street widening.
(5) 4.5 The developer will be responsible for all costs
associated with modifications to the traffic
signal/interconnect at Tustin Ranch Road and Pioneer Way
along with all signing/striping modifications and any
required intersection modifications.
(5) 4.6 If this development occurs after the Assessment District
installs the traffic signal at Portola Parkway and the
entrance to the parksite, the developer will be
responsible for all costs associated with modifications
to the traffic signal/interconnect along with all
signing/striping modifications and any required
intersection modifications.
Exhibit A
Resolution No. 3529
Page 8
GRADING/GENERAL
(1) 5.1 Prior to issuance of grading permits:
(2)
(5) A. A detailed soils engineering report shall be
submitted to and approved by the Building Official
conforming to the requirements of the Uniform
Building Code, City grading requirements, and all
other applicable State and local laws, regulations
and requirements.
B. The applicant shall submit a grading plan subject
to approval by the Department of Community
Development delineating the following information:
1. Methods of drainage in accordance with all
applicable City standards.
2. Recommendations submitted and approved by a
geotechnical or soils engineer.
3. Compliance with conceptual grading shown on
tentative tract map.
4. A drainage plan and necessary support
documents, such as hydrology calculations, to
comply with the following requirements:
a. Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe'from
inundation from rain fall which may be
expected from all storms- up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
b. Elimination of any sheet flow and
ponding.
C. Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
d. Provision for tributary drainage from
adjoining properties.
Exhibit A
Resolution No_ 3529
Page 9
5. All flood hazard areas of record.
6. A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
7. A note shall be placed on the plans that a
qualified paleontologist/archaeologist, as
appropriate shall be present during rough
grading operations. If resources shall be
excavated or preserved as deemed appropriate
or as recommended by the paleontologist/
archaeologist subject to review and approval
by the Departments of Public works and
Community Development. All "finds" shall be
reported immediately to the Department of
Community Development. The paleontologist/
archaeologist shall attend the pregrade
construction meeting to ensure that this
condition and necessary procedures in the
event of a "find" are explained.
C. The applicant shall prepare a sedimentation and
erosion control plan for all construction work
related to the subject Tract including a method of
control . to prevent dust and windblown earth
problems. ,Said plan shall be reviewed and approved
by the Community Development Department.
D. Submittal of a construction traffic routing plan to
be reviewed and approved by the Director of Public
Works. All construction access shall be through
either Street "A" or Street "G" as no other
temporary construction access will be permitted.
E. The applicant shall prepare a hydrology and
hydraulic calculations for this subject tract.
Said plan shall be reviewed and approved by the
Public Works Department.
(1) 5.2 All -earthwork shall be performed in accordance with the
(3) .- City of Tustin Municipal codes and grading requirements.
Exhibit A
Resolution No. 3529
Page 10
(1) 5:3 Prior to the recordation of a final map, the applicant
(5) shall submit for approval by the Community. Development
and Public Works Departments, a Water Quality Management
Plan (WQMP) that identifies the application and
incorporation of those routine structural and non-
structural Best Management Practices (BMPs) and detailing
implementation of the BMPs not dependent on specific land
uses.
(1) 5.4 Prior to issuance of grading, grubbing and clearing or
(5) paving permits, the applicant shall obtain coverage under
the NPDES Statewide Industrial Storm water Permit for
General Construction Activities from the State Water
Resources Control Board. Evidence that this has been
obtained shall be submitted to the Building official.
FIRE DEPARTMENT
(5) 6.1 Prior to the recordation of a subdivision map, the
subdivider shall submit water improvement plans to the
Fire Chief for review and approval to ensure adequate
fire protection and financial' security is posted for the
installation. The water system design, location of
Valves, and the distribution of the fire hydrants will be
evaluated and approved by'the Fire Chief.
(5) 6.2 Prior to the recordation of any subdivision map or the
issuance of any building permits, whichever occurs first,
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.
(5) 6.3 Prior to the recordation of a subdivision map, the
applicant shall obtain approval of the Fire Chief of all
fire protection access easements and shall dedicate them
to the City. The deed restrictions shall contain
provisions which prohibit obstructions within the fire
protection access easement. The approval of the Fire
Chief is required for any modifications, such .as speed
bumps, control gates or other changes within said
easement.
Exhibit A
Resolution No. 3529
Page 11
(5) 6.4 Prior to issuance of any grading -permits, the applicant
shall submit and obtain approval of preliminary plans for
all streets and courts, public or private, from the Fire
Chief in consultation with, the Manager and Traffic
Engineering. The plans shall include the plan view,
sectional view and indicate the width of the street or
court measured from flow line to flow line. All proposed
fire apparatus turnarounds shall be clearly marked when
dead-end street exceeds 150 feet or when other conditions
require it.
(5) 6.5 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 location of red curbing and
signage. A drawing of the proposed signage with the
height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by
the Fire Chief.
(5) 6.6 Prior to the issuance of the certificate. of use and
occupancy, the approved fire lane marking plan shall be
installed. The CC&R's shall contain a fire lane map and
provisions which prohibit parking in the fire lanes. A
method of enforcement shall be included.
(5) 6.7 Prior to the issuance of any building permits for
combustible construction, the developer shall submit and
obtain the Fire Chief's approval of a letter and plan
stating that water for fire fighting purposes will be
placed on the site. An all weather fire access road
shall be in place and operational as .required by the
Uniform Fire Code -before any combustible materials are
placed on the site.
(5) 6.8 Prior to the issuance of building permits, an Orange
County Fire Authority. Water Availability form shall be
submitted to and approved by the Plan Review Section of
the Orange County Fire Authority. If sufficient water to
meet fire flow requirements is not available, an
automatic fire extinguishing system shall be installed in
each structure, in a manner meeting the approval of the
Fire Chief.
Exhibit A
Resolution No. 3529
Page 12
(5) 6.9 Prior to the issuance of building permits, the applicant
shall submit a Fire Safety Site Plan for the review and
approval of the Fire Chief. The applicant shall include
information on the plans required by the Fire Chief.
Contact the Orange County Fire Authority Plans Review
Section at (714) 744-0403 for the Fire Safety
Site/Architectural notes to be placed on the plans.
(5) 6.10 Prior to the issuance of any building permits on those
lots(s)/parcel(s) determined applicable by the Fire
Chief, plans for the automatic fire sprinkler system
shall be submitted to and approved by the Fire Chief
prior to installation.- This system shall be operational
prior to the issuance of a certificate of use and
occupancy.
(5) 6.11 Prior to the issuance of certificates of use and
occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating their locations on
the street or drive, per the Orange County Fire Authority
Standard, and approved by the Fire Chief. On private
property these pavement markers are to be maintained in
good condition by the property owner.
(5) 6.12 Prior to the issuance of any grading. permits, the
applicant shall submit and obtain the Fire Chief's
approval of the construction details for any access gate.
Contact the Orange County Fire Authority Plan Review
Section at (714) 744-0403 for a copy of the "Guidelines
for Fire Authority Emergency Access."
NOISE
(1) 7.1 Prior to the issuance of any -building permits:
(2)
(3) A. A final acoustical, analysis report describing the
acoustical design features of the structures
required to satisfy the exterior and interior noise
standards shall be submitted to the Tustin
Community Development Department for approval along
with satisfactory evidence which indicates that the
sound attenuation measures specified in the
approved acoustical report(s) have been
incorporated into the design of the project. The
acoustical analysis shall be prepared by an expert
or authority in the field of acoustics.
Exhibit A
Resolution No. 3529
Page 13
All residential lots and dwellings shall be sound
attenuated against present and projected noises,
which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard
65 dB CNEL in outdoor living areas and an interior
standard of 45 dB CNEL in all habitable rooms is
required. Evidence prepared under the supervision
of an acoustical consultant that these standards
will be satisfied in a manner consistent with
applicable zoning regulations shall be provided.
B. Due to the project's close proximity to the
Browning Corridor, said study shall provide
information on single event noise measurements as
generated by helicopter flyovers for information
purposes only.
(1) 7.2 Prior to issuance of any Certificates of Use or
(2) Occupancy, field testing in accordance with the Title 25
(3) regulations may be required by the Building Official to
verify compliance with STC and IIC design standards:
(1) 7.3 All construction operations including engine warm up
shall be subject to the provisions of the City of Tustin
Noise Ordinance, and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through Friday
and 9:00 a.m. until 5:00 p.m. on Saturdays, unless
otherwise determined by the Building Official.
(1) 7.4 Construction hours shall be clearly posted on the site to
the satisfaction of the Building Official.'
CC&R'S
(1) 8.1 Prior to approval of the final map, all organizational
(3) documents for the project including any deed
restrictions, covenants, conditions, and restrictions
shall be submitted to and approved by the Community
Development Department and City Attorney's Office. Costs
for such review shall be borne by the subdivider. A copy
of the final documents shall be submitted to the
Community Development Department after recordation.
CC&R's shall include but not be limited to the following
provisions:
Exhibit A
Resolution No. 3529
Page 14
A. The City shall be included as a party to the CC&R's
for enforcement purposes of -those CC&R provisions
in which the City has interest, as reflected in the
following provisions. However, the City shall not
be obligated to enforce the CC&R's.
B. The requirement that association bylaws be
established.
C. Provisions for effective -establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas and lots, walls and fences, private roadways
(i.e., walks, sidewalks, trails) and paseos.
D. Membership in any Homeowner's Association shall be
inseparable from ownership in individual lots.
E. Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, room
additions, exterior mechanical equipment,
television and radio antenna.
F. Maintenance standards shall ' be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
1_ All common area landscaping and private areas
visible from any public way shall be properly
maintained such that they are evenly cut,
evenly edged, free of bare or brown spots,
debris and weeds. All trees and shrubs shall
be trimmed .so they do not impede pedestrian
traffic along the walkways. Trees shall be
pruned so they do not intrude into neighboring
properties and shall be maintained so they do
not have droppings or create other nuisances
to neighboring properties. All trees shall
also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
Exhibit A
Resolution No_ 3529
Page 15
2. All private roadways, sidewalks and paseos
shall be maintained so that they are safe for
users. Significant pavement cracks, pavement
distress, excessive slab settlement, abrupt
vertical variations and debris on travel ways
should be removed or repaired promptly. In
addition, the pedestrian access at the main
project entry shall remain open and accessible
to the public at all times.
3. Common. areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisance has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within three hundred
(300) feet of the property may also be added
as alternative language.
G. Homeowner's Association approval of exterior
improvements requiring a building permit shall be
obtained prior to requesting a building permit from
the City of Tustin Community Development
Department. All plans for exterior improvements
shall conform to requirements set forth by the City
and the CC&R's.
H. Residents shall not store or park any non -motorized
vehicles, trailers or motorized vehicles that
exceed 7 feet high, 7 feet wide and 19 feet long in
any parking space, driveway or private street area
except for purpose of loading, unloading,. making
deliveries or emergency repairs except that the
Homeowner's Association may adopt rules and
regulations to authorize exceptions. There shall
be no parking of any kind on driveways that are
less than 19 feet in length.
I. A total of 324 parking spaces shall be permanently
maintained at a rate of two garage spaces per each
dwelling unit. An additional minimum of 162
unassigned guest spaces (on -street or on third -car
driveway area) shall also be permanently provided.
Exhibit A
Resolution No. 3529
Page 16
J. Individual .units shall not have separate external
television and radio antennas. Either a central
antenna shall be provided with connections to each
unit via underground or internal wall wiring, or
each unit shall be prewired and served by an
underground cable antenna service provided by a
company licensed to provide such service within the
city.
K. All utility services serving the site shall be
installed and maintained underground.
L. The Association shall be required to file the
names, addresses, and telephone numbers of at least
one member. of the Association Board and where
applicable, a Manager of the project before January
1st of each year with the City of Tustin Community
Development Department for the purpose of
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
M. Disclosure information related to aircraft noise
- impacting the subdivision, as approved by the City
of Tustin Community Development Department.
N.. The Association shall be responsible for
establishing and following procedures for providing
entry gate access to the public utilities for
maintenance of their facilities within the project
area, subject to those agencies' approval.
O. No amendment to alter, modify, terminate or change
the Homeowner's Association's obligation to
maintain the common areas and the project perimeter
wall (include if the wall is located on private
property) or other CC&R provisions in which 'the
City has an interest, as noted above, or to alter,
modify, terminate or change the City's right to
enforce maintenance of the - common areas and
maintenance of the project perimeter wall, shall be
permitted without the prior written approval of the
City of Tustin Community Development Department.
P. Maintenance of Lots A through JJ shall be by the
Homeowners Association.
Exhibit A
Resolution No. 3529
Page 17
Q. Disclosure to all future homeowners and purchasers
of property that surrounding properties may be
developed in accordance with City ordinances in a
manner which may partially or totally obstruct
views from the owner's unit, and that the City of
Tustin makes no claim, warranty or guarantee that
views from. any unit will- be preserved as
development of surrounding properties occurs.
R. Maintenance of all slopes and drainage devices on
individual lots within fenced yard areas shall be
the responsibility of the individual property
owner.
S. Disclosure to all future homeowners of the specific
location and type of structures which will be
located within the public utility easement.
T. Individual property owners shall park vehicles in
garage spaces. Storage of personal items may occur
in the garages only to the extent that vehicles may
still be able to be parked within the required
garage spaces.
U. Disclosure.to all future homeowners and purchasers
of property that E1 Toro Marine Base .may be
developed with a commercial airport which may
effect the project with aircraft overflights.
V. Disclosure to all future homeowners and purchasers
of property that any use of the individual
residences for a business shall be subject to the
City's requirements for a Home Occupation Permit.
HOMEBUYER NOTIFICATION
(1) 9.1 Prior to issuance of Certificate of Occupancy:
A. A document separate from the deed shall be prepared
which will be an information notice to future
homebuyers of aircraft noise impacting the
subdivision. The notice shall further indicate
that additional building upgrades may be necessary
for noise attenuation. This determination is to be
made as architectural drawings become available
and/or where field testing determines inadequate
noise insulation.
Exhibit A
Resolution No_ 3529
Page 18
B. The developer shall provide the City with a schools
notification statement which shall be reviewed and
approved by the Director of Community Development
and participation by the governing school district
which shall indicate:
(1) The location of existing and proposed
elementary, middle and high schools which will
serve the subdivision (text and map).
(2) Advice to homebuyers that proposed school
sites may never be constructed.
C. The Subdivider shall provide the City with a
statement which must be signed by each homebuyer
which shall contain a comprehensive description of
all private and public improvements and
developments adjacent or in close proximity to the
proposed development, including the Eastern
Transportation Corridor. -
D. The developer shall provide the City with an
information notice to future homeowners of lots
that have above ground utilities or structures
(such as light standards and fire hydrants) located
within a public utility easement identifying the
type of structure and their locations.
E. The developer shall provide the City with 'an
information notice, as approved by the City
Attorney, indicating that .E1 Toro Marine Base may
be developed with a commercial airport which may
effect the project with aircraft overflights.
F. The developer shall provide the City with an
-informational notice, as approved by the City
Attorney, indicating that any use of the individual
residences for a business shall be subject to the
.City's requirements for a Home Occupation Permit.
(1) 9.2 Subdivider shall notify all potential homebuyers of -the
(5) following liens and Assessment/Maintenance Districts
affecting the property:
A. Reassessment District No. 95-2
B. City of Tustin Landscaping and Lighting District as
amended.
-- n m1,�r 1-1,u ,,,-.,�c.,t- , � l..r.>e-e.i ...; ♦1.: ,, > Mel l., v.,....,
Exhibit A
Resolution No. 3529
Page 19
FEES
(1) 10.1 Prior to recordation of any final map, Subdivider shall
pay plan check and inspection fees for all public and/or
private infrastructure improvements within the City's
responsibility excluding those financed by an Assessment
District.
(1) 10.2 Prior to recordation of the final map, the Subdivider
shall pay all costs related to the calculation of the
revised parcel assessments, the preparation of the
revised assessment diagram and other required
administrative duties related to Reassessment District
No. 95-2.
(1) 10.3 Prior to issuance of any building permits, payment shall
(5) be made of all applicable fees, including but not limited
to the following. Payment shall be required based upon
those rates in . effect at the time of payment and are
subject to change.
A. Building plan check and permit fees to the
Community Development Department based on the most
current schedule.
B. Grading plan check and permit fees to the Community
Development Department.
C. New development fees to the Community Development
Department.
D. School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the applicant.
E. Major thoroughfare and bridge fees to the Tustin
Public Works Department.
F. Water and sewer connection fees to the Irvine Ranch
Water District.
Exhibit A
Resolution No_ 3529.
Page 20
(1) 10.4 All properties within the subject map will be subject to
Reassessment District 95-2 fees to be determined as a
result of land use change. The subdivider shall pay all
costs related to the calculation of the revised parcel
assessments, the preparation of the revised assessment
diagram and other required administrative duties related
to Reassessment District 95-2 as a' result of the
subdivision.
(1) 10.5 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $38.00 (thirty-eight
dollars) to enable the City to file the appropriate
environmental documentation for the project. If within
such forty-eight (48) hour period that applicant has not
delivered to the Community Development Department the
above -noted check, the statute of limitations for any
interested party to challenge the environmental
determination under the provisions of the -California
Environmental Quality Act could be significantly
lengthened.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of Determination and require payment of fees, the
applicant shall deliver, to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
M I N U T E S
TUSTIN PLANNING COMMISSION
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
Commissioners
REGULAR MEETING
JULY 14, 1997
w•ew•
7:00 p.m., City Council Chambers
Commissioner Vandaveer
Rev. Kathy Sizer
Present: Lou Bone, Chairman
David Vandaveer
Steve Kozak
Howard Mitzman
Leslie Pontious
Staff
Present: Elizabeth Binsack, Community Development Director
Daniel Fox, AICP, Senior Planner
Lois Bobak, Deputy City Attorney
Doug Anderson, Traffic Engineer
Bradley Evanson, Assistant Planner
Sara Pashalides, Associate Planner
Barbara Reyes, Recording Secretary
PUBLIC CONCERNS: (Limited to 3 minutes per person for items not
on the agenda.)
CONSENT CALENDAR: (ALL MATTERS LISTED UNDER THE 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.)
1. Minutes of the June 23, 1997 Planning Commission Meeting.
Commissioner Pontious moved Vandaveer seconded, approval of the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS:
2. Conditional Use Permit 96-034(A
APPLICANT: ABILITY PLUS SCHOOL
MS. BETH MC DADE
333 SOUTH PROSPECT AVENUE
ORANGE, CALIFORNIA 92859
OWNERS: NANCY F. FEINSTEIN
7665 E. SILVER DOLLAR LANE
ANAHEIM, CALIFORNIA 92808
ARTHUR R. SMITH
5591 CLUB VIEW DRIVE
YORBA LINDA, CALIFORNIA 92886
(VACANT LOT/PLAYGROUND SITE)
LOCATION: 200 AND 220 EL CAMINO REAL
ZONING: CENTRAL COMMERCIAL - PARKING OVERLAY (C2 -P)
CULTURAL RESOURCES OVERLAY
Planning Commission Minutes
July 14, 1997
Page 2
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1,
MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: AUTHORIZATION TO ESTABLISH A KINDERGARTEN THROUGH
EIGHTH GRADE SCHOOL FOR GIFTED AND ABOVE-AVERAGE
STUDENTS
Recommendation That the Planning Commission adopt Resolution No.
3532, approving Conditional Use Permit 96-034(A).
Presentation: Bradley J. Evanson, Assistant Planner
The Public Hearing opened at 7:07 p.m.
Commissioner Bone asked if the parking, noise level and open space
conditions were the same as those approved for Edgewood School and
if there was a signed lease.
Bradley Evanson affirmed that the conditions were the same and that
there is a signed lease.
Beth McDade, Executive Director of Ability Plus School, said she
read the staff report and will comply with the conditions.
Paul H. Parilla, attorney for Ability Plus School, requested
approval of the Conditional Use Permit with the (A) subdivision so
that the two permits could run concurrently.
Commissioner Bone asked the number of students in each of the grade
levels.
Beth McDade stated there are now 50 students with an estimate to 65
with September enrollment. The student breakdown includes:
Kindergarten - 14, First grade - 16, Second grade - 6, Third grade
- 11, Fourth grade - 7, Fifth grade - 3, Sixth grade - 2, Seventh
grade - 2 and Eighth grade - 2.
David Ure, adjacent property owner of 250 E1 Camino Real and 195
"C" Street, stated that the subject property is sandwiched between
the two properties which he owns. His two properties have adequate
parking and his tenants also enjoy the available street parking.
The building at 250 E1 Camino Real is fully occupied and the 90
available parking spaces are used to the maximum with 15 of those
spaces for the use of 220 E1 Camino Real. The front portion of 220
E1 Camino Real is occupied by a hair salon which requires 11
parking spaces, leaving only 4 spaces for the school. Using the
spaces at Stevens Square is not practical and he believes school
staff will use street parking. The property owner constructed a
parking lot on the vacant lot with 8 spaces which has been
represented as the loading and unloading area; however, there are
picnic tables in the parking lot. He stated that he believes the
enrollment capacity of Ability Plus is 78 students and that his
tenants are not being considered. His tenants have also raised
concern about the noise which the school will create.
Beth McDade stated that the picnic tables have been stored
temporarily in the parking lot because they could not yet be placed
on the newly planted sod. She noted that Ability Plus has not
requested 78 students.
Commissioner Kozak asked where the number 78 came from.
Beth McDade stated she did not know. She felt confident that the
parking is workable.
Planning Commission Minutes
July 14, 1997
Page 3
Darran Jones, 14251 Clarissa Lane, stated that his sons attend
Ability Plus School. He stated that the parking will not be a
problem since students are dropped off and picked up at different
times during the day.
Bill Greenwalt, on the Board of Ability Plus School, stated that
arguments against use of the property by Ability Plus would hold
equally true for any tenant occupying the property where the
parking requirements are the same. He stated that Mr. Ure's
attorney, Cameron Darby, suggested at a prior hearing that the
owner provide additional parking on the vacant lot as a solution to
the parking problem.
Thomas Penna, owner of Salon Gallery at 220 E1 Camino Real, stated
that his business does not use the 11 required parking spaces at
any given time and he is in full support of the permit.
Commissioner Vandaveer asked for clarification of the number of
spaces required for the school.
Bradley Evanson stated that at the original approval of the
building in 1976 nine spaces were set aside at the Stevens Square
facility. There were also 17 spaces set aside in the adjacent
parking, which was amended reducing the parking spaces to 15. The
property owner developed eight designated spaces on the vacant lot
providing a total number of parking spaces for any use at 220 E1
Camino Real to 32. Not counting the street parking, the salon
takes 11 spaces and the school 16 leaving an excess of five spaces.
Commissioner Pontious complimented the property owner for providing
the additional parking spaces on the vacant lot and believed that
Condition 2.4 provides a way to solve concerns regarding noise and
traffic.
The Public Hearing closed at 7:26 p.m.
Commissioner Pontious moved, Vandaveer seconded, to adopt
Resolution No. 3532, approving Conditional Use Permit 96-034(A)
amended as follows: Condition 1.5 shall read, "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." Motion carried 5-0.
3. General Plan Amendment 96-003, Zone Change 96-003,
Third Amendment to East Tustin Development Agreement,
Vesting Tentative Tract May 15380 and Design Review 96-050.
APPLICANT: RICHMOND AMERICAN HOMES, INC.
17310 RED HILL, #320
IRVINE, CA 92714
ATTN: MR. MEL MERCADO
OWNER: THE IRVINE COMPANY
P.O. BOX I
NEWPORT BEACH, CA 92658-8904
ATTENTION: MR. DAVID CONLEY
LOCATION: LOT 27 OF TRACT 13627; WEST SIDE OF JAMBOREE ROAD,
BETWEEN TUSTIN RANCH ROAD AND PORTOLA PARKWAY
ZONING: MEDIUM-HIGH DENSITY RESIDENTIAL AND GENERAL
COMMERCIAL - EAST TUSTIN SPECIFIC PLAN (ETSP)
Planning Commission Minutes
July 14, 1997
Page 4
ENVIRONMENTAL
STATUS: ADDENDUM NO. 6 TO FINAL ENVIRONMENTAL IMPACT REPORT
85-2 (EIR 85-2) HAS BEEN PREPARED FOR THIS PROJECT
PURSUANT TO SECTION 15164 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST:. A. General Plan Amendment 96-003
(The Irvine Company) -A request to change the
Land Use Designation on the City's General
Plan Land Use Map on a 12 -acre portion of the
property located at the northwest corner of
Jamboree Road and Portola Parkway from
Planned Community Commercial Business to
Planned Community Residential.
B. Zone Chanae 96-003 (The Irvine Company) -A
request to:
1. Change the Zoning Designation on the
City's Zoning Map on a 12 -acre portion of
the property located at the northwest
corner of Jamboree Road and Portola
Parkway from Planned Community Commercial
to Planned Community Residential;
2. Change the Land Use Designation on the
East Tustin Specific Plan Land Use Plan
on a 19 -acre portion of the property
located at the southwest corner of
Jamboree and Tustin Ranch Roads from
Medium -High Density Residential, and on a
12 -acre portion of the property located
at the northwest corner of Jamboree Road
and Portola Parkway from General
Commercial to Medium -Low Density
residential which would allow up to 10
dwelling units per acre; and
3. Amend the East Tustin Specific Plan text
and statistical summaries to reflect the
above noted changes to provide
consistency between the Land Use Map and
the text of the Specific Plan document.
C. Third Amendment to the East Tustin Development
Agreement (The Irvine Company) - A request to
amend the East Tustin Development Agreement
to:
1. Provide that Lot 27 will be developed
with a single-family detached residential
project;
2. Convert the existing grapefruit orchard
into a lemon orchard on Lot 23 of Tract
12870 and maintain the orchard for a
minimum of five years; and,
3. Make a financial contribution to the East
Tustin Park Development Fund.
D. Sector Plan (The Irvine Company) - A request
to approve a conceptual site access,
circulation and landscaping plan for Sector 6
of the ETSP.
E. Vestina Tentative Tract Map 15380 and Design
Review 96-050 (Richmond American) - A request
to subdivide the 31 -acre site into 162
numbered and 19 lettered lots for the purpose
of constructing 162 single-family dwellings.
Planning Commission Minutes
July 14, 1997
Page 5
Recommendation
That the Planning Commission:
1.
Adopt Resolution No. 3525 recommending that
the City Council
recertify final EIR 85-2 as modified by
Addendum No. 6
prepared for this project;
2.
Adopt Resolution No. 3526 recommending that
the City Council
approve General Plan Amendment 96-003;
3.
Adopt Resolution No. 3527 recommending that
the City Council
approve Zone Change 96-003;
4.
Adopt Resolution No. 3528 approving Design Review
96-050; and,
5.
Adopt Resolution No. 3529 recommending that
the City Council
approve Vesting Tentative Tract Map 15380.
6.
Provide input to the City Council on the Third Amendment to
the East Tustin Development Agreement.
Presentation: Sara Pashalides, Associate Planner
Sara Pashalides distributed colored photo booklet examples of the
types of architecture existing along Tustin Ranch Road for the
Commission's consideration. Two existing projects, La Montana and
E1 Dorado, facing onto Pioneer Road do not have as much
architectural relief and detail on their rear elevations.
The Director noted in response to questions by the Commission that
Lot 23 is owned by the City. Staff views the grafting from
grapefruit to lemon trees and the maintenance of the trees for five
years as a financial benefit to the City.
Commissioner Bone asked what staff was looking for as input to the
City Council on the Third Amendment to the East Tustin Development
Aareement as noted in recommendation No. 6.
The Director stated that the Planning Commission does not enter
into development agreements but this development agreement goes
hand in hand with the discretionary applications being considered.
If there was Commission concern of a significant departure from the
development agreement proposed, the Commission should recommend
changes.
Commissioner Kozak inquired what the issue of a conversion from
grapefruit to lemon trees had to do with the Third Amendment to the
East Tustin Development Agreement.
The Director stated that in response to staff concerns on the
change in land use from commercial to residential and the loss of
recurring revenues, The Irvine Company developed the reports
attached to the staff report and proposed providing $100,000 toward
the park improvement fund and offered the maintenance of the trees
for five years. The developer and the City entered into an
agreement for the maintenance of the trees when the City accepted
the land in fee. Thereafter either party could discontinue the
agreement. The Irvine Company no longer wishes to maintain the
grapefruit trees. It is a benefit to the City to have the knoll of
citrus in the park and for the grove to be converted into a
potentially viable fruit crop.
Commissioner Kozak asked if it were correct that Lot 23 was to be
developed as a park.
The Director stated that is the planned use of the site although
there is not current funding for park improvements.
Daniel Fox, Senior Planner, stated that the park has always been
envisioned to be more of a cultural/community center rather than a
recreationally active type park.
Commissioner Kozak asked if the $100,000 would be used for
development or improvement of that park.
Planning Commission Minutes
July 14, 1997
Page 6
The Director stated that the City Council would designate where the
funds would be focused but funds should be used for the East Tustin
area as included in the development agreement.
Commissioner Bone asked why the $100,000 was for the East Tustin
Specific Plan area only when there was a general park fund. Since
Tustin is one City he did not realize that certain.sections of the
City had different types of parks and he does not like seeing funds
split up for specific parts of the City.
The Director stated that this $100,000 proposal was to go for a
focus toward improving parks in East Tustin and there are other
funding mechanisms for parks throughout the community. Community
Development Block Grant funds have been used in some of the older
parks but grant funds cannot be used for East Tustin.
Commissioner Pontious stated that using the $100,000 funding for
East Tustin frees up other funds in the general fund. She does not
see this as a problem since Council will make decisions based on
the needs throughout the City.
Commissioner Bone asked if there had been any input from any of the
residents in the East Tustin area.
The Director stated that public notices were provided and that Mr.
LeBlanc of The Irvine Company could specifically address that
issue.
Commissioner Kozak asked what the $100,000 would provide for the
park at Lot 23 and with approval of the Third Amendment would some
park facilities come on line faster.
The Director stated that there were other parks proposed to come on
line sooner that have a higher priority. She stated she would
provide a report for the Commission on what priority Council has
set as far as parks are concerned.
Daniel Fox stated that the Tree Park site is ready to begin
construction and this money could be used to supplement that
contract. Heritage Way park is also ready to construct so there
are two parks in the immediate vicinity that will directly serve
this particular subdivision as the opening phases come together.
The Director stated there was a significant financial and visual
benefit for the City to have The Irvine Company maintain those
trees. Currently, the trees are not being maintained, the fruit is
dropping which will create nuisance conditions. A lemon orchard is
more commercially viable if the City is desirous of taking over the
grove after five years. Grafting the trees and providing water for
them is a significant cost providing the City with a benefit of
over $12,000 per year and there are eight acres.
Commissioner Pontious noted that the builder is offering a home
office as an option and asked to have included in the CC&R's that
all City regulations regarding home office use be complied with.
She requested that in the near future the Commission review the
regulations on home office use for updating. Concerning the
condition on noticing of aircraft noise, she suggested making
specific mention of the E1 Toro closure and the potential of
overflights.
Commissioner Bone inquired if the mailboxes were to be located
behind the sidewalks.
Daniel Fox affirmed a curb adjacent to the sidewalk which would
place the mailboxes behind the sidewalks.
planning Commission Minutes
July 14, 1997
Page 7
Commissioner Kozak asked for discussion for a consensus of the
issue of the rear elevation architectural treatments.
Daniel Fox stated it would be appropriate to hear input from the
developer before this discussion.
Michael LeBlanc, representing The Irvine Company, stated that Lot
27 has evolved into the plan before the Commission today since this
particular lot was one of the sites originally proposed for an
apartment and neighborhood commercial site. When the City decided
not to allow further apartment development The Irvine Company
entered into negotiation with Richmond American. He stated that
they have come up with a good use of this land. The use represents
a significant down -zoning to the Medium -Low density and a 77
percent reduction in the traffic from the site. With staff concern
of the loss of revenues associated with a commercial site, The
Irvine Company provided a retail and fiscal impact study using the
model that has been used in Tustin Ranch from the beginning. The
$100,000 contribution is suggested for use in Tustin Ranch and the
grapefruit conversion provides an important benefit to the City.
After 5 years and a productive crop, The Irvine Company anticipates
that there will be additional revenues the City can gain. Also the
development agreement provides a further restriction on the use of
this land below the medium low density category should Richmond
American not complete the project for any reason. The Irvine
Company supports the Richmond American proposal and believes they
have been cooperative with respect to the design issue concerns.
Mr. LeBlanc would like to see a conclusion to the rear elevation
issue this evening so that Richmond American can go forward with
their building proposal and The Irvine Company can move forward
with the conversion of the orchard, completing the grafting process
during the hot season.
Mel Mercado, Project Manager with Richmond American, thanked staff
for working with them on the design process and presented an
overview of the design concept. Richmond American Homes has worked
in conjunction with The Irvine Company to produce an aesthetically
pleasing site plan.
Commissioner Pontious stated that the concern was not on the whole
perimeter but specific areas where there are a large number of
units are unbroken by a cul-de-sac. She suggested that the roof
line may have more impact than a pop -out and that shutters would
also help.
Commissioner Kozak inquired how close staff was in terms of numbers
of units in those areas where agreement on improvements need to be
reached.
The Director stated that staff does not concur with any proposal as
yet, but a median point in what they are proposing and what staff
would like to see is shown in the Palo Vista and Malaga examples.
Commissioner Kozak asked how many units were being considered for
improvement along the public right-of-way.
Mel Mercado stated they all are and in regards to the proposed
additional modifications improvements would reflect in all the
units interior and exterior.
Planning Commission Minutes
July 14, 1997
Page 8
Jeff Weber, Richmond American, clarified that from the beginning
they have always been very sensitive to the units that back up onto
the major streets. He believed that the maximum units that back up
to any major arterial in any one given stretch is only 12 to 13.
With three different floor plans and three elevations, only one or
two units in the stretch would be a concern. They believe that
with roof brakes, pop -outs, replotting, the addition of decks and
additional rear yard setbacks Richmond American can address staff
concerns.
Commissioner Vandaveer asked what the construction entrance would
be for the phasing plan and what the buildout time would be.
Mel Mercado stated the construction entrance initially will be
located off Portola and subsequently the entrance will be located
at Tustin Ranch Road and Pioneer. He anticipated the build -out
time would be soon.
Commissioner Mitzman asked how flowers are to be watered on the
second floor.
Mel Mercado stated that the windows can be designed to open so
that it was physically possible to water plants; however, the
purpose is to provide color to complement the windows and many
people use decorative flowers. Richmond American will be happy to
work with staff.
Commissioner Pontious asked what the time frame might be to
accomplish resolution on this issue.
The Director stated that this resolution was scheduled for hearing
by the City Council and the issue could be deferred to staff at a
plan check level.
Daniel Fox stated the Planning Commission has the ability to
approve the design review resolution. Council will not necessarily
be acting on the Design Review component of this project, but will
have the benefit of this information when considering the larger
elements of the project.
Commissioner Pontious asked if the Commission could pass the action
with the recommendation to Council that they look at this design
issue.
The Director stated that the design issue was included in the
development agreement as a provision and staff can work with the
applicant to come to a conclusion before the City Council meeting.
The higher discretionary permits can still go forward.
Jeff Weber stated that Richmond American has no problem working
with staff.
Commissioner Kozak asked if the units along Tustin Ranch Road
could be identified as to what architectural treatments could be
accomplished.
Daniel Fox stated that because of the variety of photo examples it
may be a good idea for the Commission to suggest some of the
specific photos that would be good examples of what would be
acceptable.
Commissioner Kozak noted that if all the photos were acceptable
each will have a different fiscal impact. He suggests that it be
a matter of discussion between staff and developer as to 'which
treatments can be incorporated into the rear elevations.
Planning Commission Minutes
July 14, 1997
Page 9
The Director stated staff could provide a copy of the photo
booklets to the applicant to use as a guide.
Mel Mercado stated that Richmond American does not want to get into
complete redesign of building masses to accommodate staff or
Commission. They are trying to provide a product within a certain
price range and designing to that end. There is such a limited
number of units to consider that he is sure the matter can be
worked out with staff. Mr. weber requested that Resolution No.
3528, Condition 3.2, concerning trim surrounds, be amended to only
reflect 58 lots along the perimeter.
Daniel Fox stated staff could not support that request since
Condition 3.2 is related to all units and at minimum all units
should have some type of decorative trim around the glazing to be
consistent with all the projects in Tustin Ranch to date.
Condition 3.11 deals specifically with the lots along the perimeter
of the site.
Mel Mercado requested that Condition 4.11, page 7, of Resolution
No. 3528 reflect a change modifying the condition to include Lots
"P" and "Q" while deleting Lots "N" and "O" since Richmond American
does not own those lots.
The Public Hearing opened at 9:00 p.m.
The Public Hearing closed at 9:05 p.m.
Commissioner Pontious moved, Vandaveer seconded adopting Resolution
No. 3525 recommending that the City Council recertify final SIR 85-
2 as modified by Addendum No. 6 prepared for this project. Motion
carried 5-0.
Commissioner Pontious moved, Vandaveer seconded adopting Resolution
No. 3526 recommending that the City Council approve General Plan
Amendment 96-003. Motion carried 5-0.
Commissioner Pontious moved, Vandaveer seconded adopting Resolution
No. 3527 recommending that the City Council approve Zone Change 96-
003. Motion carried 5-0.
Commissioner Pontious moved, Vandaveer seconded adopting Resolution
No. 3528 approving Design Review 96-050 amended as follows: Exhibit
A, Condition 1.5 shall read, "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".
Condition 3.11 shall read, "The side and rear elevations that face
Jamboree Road, Tustin Ranch Road and Portola Parkway shall be
modified to include architectural variety, design details,
staggered building mass and varied roof elements similar to the
front elevations to provide relief from the flat wall appearance,
subject to approval of the Director of Community Development".
Condition 4.11 shall read, "Prior to the issuance of Certificate of
occupancy for the Model Complex, the developer shall install all
landscaping on perimeter Lots "A" through "E" and Lots "P" and "Q".
Motion carried 5-0.
Commissioner Pontious moved. Vandaveer seconded, to adopt
Resolution No. 3529 recommending that the City Council approve
Vesting Tentative Tract 15380 modified as follows: Exhibit A, add
Condition 1.8 to read, "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".
Condition 2.1, last paragraph, "California Registered Civil
Engineer" should be changed to read,"California Registered Traffic
Engineer". Condition 2.4 shall read, "The street improvement plan
Planning Commission Minutes.
July 14, 1997
Page 10
shall also include striping and signing plane to modify existing
striping on Tustin Ranch Road, Portola Parkway and Jamboree Road".
Condition 2.5 shall be eliminated with following conditions re-
numbered. Condition 2.15, first bullet shall read, "The median
nose needs to be located 15' behind the % delta of the curb
returns". Condition 3.4 shall be eliminated. Condition 4.4(a)
last line, change "Item No. 1 above" to read, "Item No. 3.3 above".
Condition 5.1, Item "F" shall be eliminated. Condition 8.1, add
Item "U" to read, "Disclosure to all future homeowners and
purchasers of property that E1 Toro Marine Base may be developed
with a commercial airport which may affect the project with
aircraft overflights". Add Item, "V" to read, "Disclosure to all
future homeowners and purchasers of property that any use of the
individual residences for a business shall be subject to the City's
requirements for a. Home occupation Permit". Condition 9.1, add
Item "E" to read, "The developer shall provide the City with an
information notice, as approved by the City Attorney, indicating
that E1 Toro Marine Base may be developed with a commercial airport
which may effect the project with aircraft overflights". Add Item
"F" to read, "The developer shall provide the City with an
information notice, as approved by the City Attorney, indicating
that any use of the individual residences for a business shall be
subject to the City's requirements for a Home occupation Permit".
Condition 9.2(A) shall read, "Reassessment District No. 95-2".
Condition 10.2 last line shall have "No. 95-1" changed to read,
"No. 95.2". Condition 10.3 shall eliminate Item "E" and reletter
the remainder of the items. Motion carried 5-0.
The Commissioners agreed to staff recommendation to provide input
to the City Council on the Third Amendment to the East Tustin
Development Agreement.
REGULAR BUSINESS:
4. Advertising Bus Shelter Locations
APPLICANT: ELLER MEDIA COMPANY
1539 ORANGEWOOD AVENUE
ORANGE, CA 92668
ATT: MR. DANA OUELETTE
PROPERTY CITY OF TUSTIN
OWNER: 300 CENTENNIAL WAY
TUSTIN, CA 92780
LOCATION: CITYWIDE
ENVIRONMENTAL THIS PROJECT IS DETERMINED TO BE CATEGORICALLY
STATUS: EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST: APPROVAL OF ADVERTISING BUS SHELTER LOCATIONS
PURSUANT TO TUSTIN CITY CODE SECTION 9404
Recommendation: That the Planning Commission review the additional
locations proposed for advertising bus shelters and recommend
approval of these locations to the City Council.
Presentation: Doug Anderson, Traffic Engineer
Commissioner Kozak asked if there were guidelines for advertising
on the shelters in the franchise agreement.
Doug Anderson affirmed, stating that this was previously approved
by the Planning Commission in 1996 and advertising of liquor or
tobacco was prohibited.
Commissioner Mitzman asked if there had been any vandalism or
maintenance problems so far on the existing facilities.
Planning Commission Minutes
July 14, 1997
Page 11
Dana Ouelette, Eller Media, stated there have been no more than the
_. usual maintenance problems.
Commissioner Bone asked the reason for using glass as opposed to
plexiglass.
Dana Ouelette stated glass is easier to clean and has less
breakage.
Commissioner Bone asked why the bench at walnut and Red Hill had
been removed.
Doug Anderson stated that the City is removing the wooden benches
due to deterioration and that particular bench had rotted due to
landscaping and water damage. There are plans to install a
concrete bench at that location.
Commissioner Pontious is pleased that there are additional sites in
the industrial areas.
Commissioner Bone stated that OCTA needs to reassess their
locations.
Doug Anderson stated there has been concern expressed on the City's
behalf about some of the locations particularly related to the
requirement for distance of trees and spacing to accommodate some
of the disabled facilities in conjunction with the bus.
Commissioner Pontious moved, Vandaveer seconded, to approve staff
recommendation to review additional locations proposed for
advertising bus shelters and recommend approval of these locations
to the City Council. Motion carried 5-0.
STAFF CONCERNS:
S. Report on Actions taken at the July 7, 1997 City Council
Meeting.
Presentation: Elizabeth Binsack, Community Development Director
The Director reported on the subject agenda.
COMMISSION CONCERNS:
Commissioner Pontious - None
Commissioner Mitzman - None
Commissioner Kozak
Commended Associate Planner, Sara Pashalides, for the
work done on Agenda Item No. 2.
Reported a dead tree on E1 Camino Real across from the
Tustin High School parking lot.
- Noted an article from the Orange County Register,
applauding the City's work on the base re -use and offered
copies to anyone interested in reviewing the article.
Commissioner Vandaveer
- Stated that he has enjoyed his two years on the
Commission and wished the continuing Commissioners and
the two newly appointed Commissioners much success.
Planning Commission Minutes
July 14, 1997
Page 12
Commissioner Bone
- Reported Kaufman and Broad, human arrow signs at Tustin
Ranch Road and Irvine. He also reported that the traffic
signals were out at that location on Sunday.
Inquired what happened to the Ralph's recycle bins at
Walnut and Red Hill.
The Director stated that the bins were not in compliance with
the approved Conditional Use Permit and the City requested
immediate compliance. At this time they are operating in
compliance however, the Director noted that the situation is
being monitored.
Inquired about progress on an Ordinance for cementing of
front yards.
The Director stated work has not begun on this Ordinance.
Shared a magazine article concerning "City sleepers"
being used in San Francisco.
ADJOURNMENT:
to adjourn the
at 9:21 p.m. Motion carried 5 -
The next regularly scheduled meeting of the Planning Commission is
on July 28, 1997 beginning at 7:00 p.m., City Council Chambers, 300
Centennial Way, Tustin.
�4 4nQ
LOU BONE
Chairman
BARBARA REYES
Recording Secretary
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