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RESOLUTION NO. 2832
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN
REVIEW 89-71 FOR A 126,725 SQUARE FOOT RETAIL
CENTER ON LOT 13 OF TRACT 12763 IN THE NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT OF THE EAST
TUSTIN SPECIFIC PLAN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That a proper application, (Design Review No.
89-71), was filed by Donahue Schriber
requesting approval of a 126,725 square foot
retail center on Lot 13 of Tract 12763 in the
NC (Neighborhood Commercial) District of the
East Tustin Specific Plan.
B·
This item was reviewed by the Planning
Commission on September 10, 1990, pursuant to
provisions of the East Tustin Specific Plan.
Ce
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of the proposed development
will not impair the orderly and harmonious
development of the area, the present or future
development therein, the occupancy as a whole.
In making such findings, the Commission has
considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
.
Size and spacing of windows, doors and
other openings.
·
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
·
Landscaping, parking area design and
traffic circulation.
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Resolution No. 2832
Page 2
·
Location, height and standards of
exterior illumination.
·
Location and appearance of equipment
located outside of an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed
structures to existing structures in the
neighborhood.
12. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
13. Proposed signing.
14. Development Guidelines and criteria as
adopted by the City Council.
II. The Planning Commission conditionally approves
Design Review 89-71 authorizing construction of a
126,725 square foot retail center, subject to
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 10th day of September,
1990.
-K~TaLE~- FITZP~icK -
Secretary
EXHIBIT A
DESIGN REVIEW 89-71
CONDITIONS OF APPROVAL
RESOLUTION NO. 2832
GENERAL
(1)
1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped September
10, 1990 on file with the Community Development
Department, as herein modified, or as modified by the
Director of Community Development Department in
accordance with this Exhibit. The Director of Community
Development may also approve subsequent minor
modifications to plans during plan check if such
modifications are determined to be consistent with the
concept plans and provisions of the East Tustin Specific
Plan.
(l)
1.2 Unless otherwise specified, all conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1)
1.3
Design review approval shall become null and void unless
building permits are issued within eighteen (18) months
of the date of this Exhibit.
(1)
1.4 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of any building
permits.
1.5
Specific details, footprints, elevations and other design
considerations for Buildings B, C and D are not covered
by this Design Review. A separate Design Review would be
required prior to development of said buildings.
(1)
1.6 Ail construction operations including engine warmup 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 or other
hours the Building Official may determine are in
substantial conformance with the Noise Ordinance and the
public health and safety will not be impaired subject to
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SOURCE CODES
(1) STANDARD CONDITION ( 5 )
( 2 ) CEQA MITIGATION ( 6 )
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW
*** EXCEPTION
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A
Resolution No. 2832
Page 2
(3)
(2)
(3)
application being made at the time the permit for the
work is awarded or during progress of the work.
PLAN SUBMITTAL
Z.1 At building plan check, the following items shall be
submitted:
ae
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official. All buildings shall comply
with 1988 edition of UBC, UMC, UPC and 1990 edition
of NEC. In addition the following items shall be
addressed:
i ·
The plans shall specify the type of
construction and group of occupancy of the
buildings.
·
Submit allowable area analysis of the
buildings, per Section 505 and 506 of the UBC.
If the plans include area separation walls,
provide details of the walls, and the
termination at the end walls and roof of the
buildings. In addition, provide construction
details of projections such as roof eaves,
openings, penetration of vents, ducts, etc.
that may affect the construction of area
separation walls.
·
Architectural plans shall not be submitted for
plan check unless accompanied by a letter
approving proposed design by the Foothill
Community Builders.
Be
Technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
Exhibit A
Resolution No. 2832
Page 3
(2) C.
(3)
Rough and/or Precise grading plans and
specifications consistent with the site plan and
landscaping plans and prepared by a registered
civil engineer based on Orange County Surveyor's
Bench Mark Datum for approval by the Community
Development Department. Subject grading submittal
shall comply with all requirements of the City's
Grading Ordinance and Manual and the following:
i ·
A detailed soil 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.
·
Preparation and submittal of a grading plan
subject to approval of the Department of
Community Development delineating the
following information:
Se
Methods of drainage in accordance with
all applicable City standards.
b·
Ail recommendations submitted by
geotechnical or soils engineer and
specifically approved by them.
Ce
Compliance with conceptual grading shown
on site plan.
de
A drainage plan and necessary support
documents such as hydrology calculations
to comply with the following
requirements:
1)
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
Exhibit A
Resolution No. 2832
Page 4
·
·
2)
3)
4)
required.
Elimination of any sheet flow and
ponding.
Provision of drainage facilities to
protect the lots from any high
velocity scouring action.
Provision for tributary drainage
from adjoining properties.
e. Ail flood hazard areas of record.
f·
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.
ge
Note on 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 Department of
Public Works and Community Development.
All "finds" shall be reported immediately
to the Department of Community
D e v e 1 o p m e n t . T h e
paleontologist/archaeologist shall attend
the pregrade construction meeting to
ensure that this condition and necessary
procedures in the event of a "find" are
explained.
Preparation of 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.
Submittal of a construction traffic routing
plan to be reviewed and approved by the
Exhibit A
Resolution No. 2832
Page 5
Director of Public Works.
·
Written approval must be obtained from
adjacent property owners for rights-of-entry
for construction activity across lot lines.
( 1 ) Z. 2 Information plans and/or specifications to ensure
satisfaction of all Engineering/Public Works requirements
noted in Section 5 of this Exhibit and all requirements
of the Orange County Fire Marshall noted in Section 6 of
this Exhibit.
SITE AND BUILDING CONDITIONS
(4) 3.1 Modify building elevations and proposed exterior
materials as follows:
A·
Additional architectural details shall be added to
the south side and rear elevations (up to the
service area screen wall) of 'Anchor A' to include,
at minimum, similar built-in arches and metal
trellis elements over cement plaster consistent
with the front elevation of 'Anchor A' and the
north elevation of 'Anchor C'.
B·
A mansard roof treatment on the south elevation of
'Anchor B' shall be applied to provide a smooth
transition with the in-line tenants similar to the
north elevation of 'Anchor B'.
Ce
A 6 foot high wing wall or combination of wing wall
and berming of a minimum height of 6 feet; of
consistent finish materials and details, shall be
placed adjacent to the northeast and southeast
corners of the service station and run parallel to
the property lines to screen the openings on the
side elevations from street view. The length and
precise location of said wall shall be reviewed and
approved by the Community Development Department
during plan check.
De
Although not specifically considered at this time,
future submittals for Buildings 'B' and 'C' shall
relocate the trash enclosures to be oriented toward
the interior of the site, not visible from the
public street or entry drive.
Exhibit A
Resolution No. 2832
Page 6
(1) 3.2 Note on final plans that a six-foot-high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
(1) 3.3 Ail mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of buildings. Electrical
transformers shall be located toward the interior of the
project maintaining a sufficient distance to minimize
visual impacts on entry points along Jamboree Road and
Irvine Boulevard.
(1) 3.4 Exterior elevations of the buildings shall indicate any
fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening. All
roof mounted equipment, roof penetrations, and vents
shall be located a minimum of 6" below the top of
parapet.
(1) 3.5 Adequate size trash enclosures with solid metal, self-
(5) closing, self-latching gates shall be provided. Said
enclosure shall be a minimum decorative wall of 6 feet
designed to match main building materials. The applicant
shall provide a letter from Great Western Reclamation
indicating that the proposed design of the trash
enclosures would accommodate future recycling efforts
which are anticipated by Great Western Reclamation.
(1) 3.6 A complete, detailed project sign program for the entire
(4) center including design, location, sizes, colors, and
materials shall be approved by the Foothill Community
Builders then submitted for review and approval by the
Department of Community Development. Said program shall
be consistent with City's Sign Code, although may be more
restrictive. The program shall include project
identification, addressing and directional signs to
direct autos to proper access, parking and loading.
(1) 3.7 Indicate lighting scheme for project, note locations of
(4) all exterior lights and types of fixtures on the
elevations. Lights to be installed on buildings and in
the parking lot shall be a decorative design. No lights
Exhibit A
Resolution No. 2832
Page 7
shall be permitted which may create any glare or have a
negative impact on adjoining properties. The locations
and types of light fixtures shall be subject to the
approval of the Director of Community Development as
stated in Condition 3.8(c) below.
(1) 3.S The following details and information shall be subject to
(4) review and approval by the Community Development
Department during plan check:
ae
Ail final exterior materials and colors. Ail
exterior treatments shall be coordinated with
regard to color, materials and detailing and noted
on submitted construction plans and elevations.
Be
Mailbox architectural details indicating color and
exterior treatment which shall be consistent with
the architecture of the project. Standard gang
mailboxes will not be acceptable.
Ce
The locations and types of all exterior lighting
fixtures including the parking lot.
De
Details of the screen wall along Heritage Way which
shall be consistent with the main building
treatment.
Details of the bicycle racks which shall be
consistent with the main building treatment.
Fe
Details of the cart storage areas in the parking
lot which shall be consistent with the main
building treatment.
Go
Details of the doors for the carwash which shall be
decorative in design consistent with the treatment
of the building. Open wire or standard metal roll-
up doors are not acceptable.
(1) 3.9 The installation of recycling facilities shall be subject
to the provisions of City Code Section 9232(a) (2) (v)
and/or 9232(b) (v) as applicable and shall be subject to
separate review and approvals as required by the Tustin
City Code.
Exhibit A
Resolution No. 2832
Page 8
(4) 3.10 Bus stops and shelters shall be installed or bonds posted
(5) for such prior to issuance of any Certificate of
Occupancy where applicable on Irvine Boulevard and
Jamboree Road. The design of such shelters shall be
consistent with that approved for the Tustin Ranch
Community.
(1) 3.11 Should the main retail building and service station be
developed in phases, a complete phasing plan shall be
reviewed and approved by the Community Development and
Public Works Departments, including provisions for site
improvements, landscaping and other elements to ensure
adequate access and operation to the center.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
(7) irrigation plans for all landscaping areas, consistent
with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Landscaping plans shall be
approved by the Community Development Department prior to
issuance of any building permits. Provide summary table
identifying plant materials. Landscaping plans must be
approved prior to issuance of any building permits. The
plant table shall list botanical and common names, sizes,
spacing, location and quantity of the plant materials
proposed. Show planting and berming details, soil
preparation, staking, etc. The irrigation plan shall
show location and control of backflow prevention devices,
pipe size, sprinkler type, spacing and coverage. Details
for all equipment must be provided. Show all property
lines on the landscaping and irrigation plan, public
right-of-way areas, sidewalk widths, parkway areas, and
wall locations. The Department of Community Development
may request minor substitutions of plant materials or
request additional sizing or quantity materials during
plan check. Note on landscaping plan that coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(7) 4.2 The submitted landscaping plans at plan check shall
reflect the following requirements:
ao
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
Exhibit A
Resolution No. 2832
Page 9
ground cover on large areas along is not
acceptable.
Bo
Provide a minimum of one 15-gallon size tree and
five 5-gallon size shrubs for every 30 feet of
property line on the perimeter of the project.
Ce
Shrubs shall be spaced a minimum of 5 feet on
center.
De
Ground cover shall be planted between 8 to 12
inches on center.
Eo
Fences, walls and equipment areas, shall be
screened with shrubs and/or vines and trees.
Fo
Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and must
be maintained in a neat and healthy condition.
Maintenance includes but is not limited to
trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, and replacement of
diseased or dead plants.
Ge
An opaque screen of not less than 30 inches and not
more than 48 inches shall be installed along
parking areas abutting Jamboree and Irvine
Boulevards. Wherever possible, driveway and
parking areas shall be buffered with landscaping
berms (see Section 3.7.3I. 2 of ETSP).
Ho
Earth mounding is essential and must be provided to
applicable heights whenever it is possible in
conjunction with the submitted landscaping plan.
Earth mounding should be particularly provided at
project entries and along the backbone road.
I ·
Major points of entry to the project, courtyards
and pedestrian internal circulation routes shall
receive specimen trees to create an identification
theme.
(1) 4.3 Screening adjacent to roadways, whenever possible, shall
(7) compliment the architecture, color and construction
(4) material of primary buildings on the site.
Exhibit A
Resolution No. 2832
Page 10
(1) 4.4 Ail walls, fences or landscaping adjacent to streets
(7) should be designed to provide adequate sight distance for
(4) vehicles exiting the tract via the private streets.
(1) 4.5 Provide details, colors, and materials for all exterior
(4) walkways, stairs and walls. Design interior walkways to
(7) create a reinforced pedestrian corridor with accessory
landscaping treatment.
(1) 4.6 Entryways to the project site should be focal points.
(4) In addition to larger tree treatments these areas should
(7) be provided with a variety of color and treatment of
landscaping as well as an incorporation of special
decorative signage or pavement treatment (i.e., walls,
gates, lighting, etc.).
(1) 4.7 Ail perimeter landscaping along Jamboree Road and Irvine
Boulevard shall be at minimum consistent with applicable
provisions of Planning Commission Resolution No. 2376
approving Tentative Tract 12763 including, but not
limited to:
ao
Primary eucalyptus tree plantings should be a
combination of 5 gallon and 15 gallon and shall be
planted in the following proportions:
(1) 60% shall be a minimum of 5 gallon; and
(2) 40% shall be a minimum of 15 gallon
b~
Canary Island Pine trees should be used in the
following sizes and proportions:
(1) 30% shall be a minimum of 15 gallon;
(2) 50% shall be a minimum of 24" box; and
(3) 20% shall be a minimum of 36" box.
(1) 4.8 Ail perimeter landscape along the west and south property
lines and along Irvine Boulevard and Jamboree Road shall
be installed prior to issuance of any Certificate of
Occupancy.
(1) 4.9 Building Pads 'B', 'C' and 'D' shall be hydroseeded prior
to issuance of any Certificate of Occupancy.
(1) 4.10 The applicant shall enter into a maintenance agreement
(5) with the City to maintain all landscaping adjacent to the
Exhibit A
Resolution No. 2832
Page 11
site along Irvine Boulevard and Jamboree Road. Said
agreement shall be reviewed, approved and executed by the
Community Development, Public Works Department and City
Attorney prior to issuance of any Certificate of
Occupancy.
ENGINEERING/PUBLIC WORKS
(5) 5.1 The existing center median will need to be modified to
provide left turn egress from the southerly drive on
Jamboree Road including modification to the landscape and
irrigation system.
(1) 5.2 A separate 24" x 36" street improvement plan will be
(5) required showing all construction within the public
right-of-way, which shall include but not be limited to
the following:
a®
f®
Curb and gutter
Street pavement
Sidewalk
Drive aprons
Center median modification
landscape/irrigation
Street light relocations
Acceleration lane
Traffic striping/signing modifications
including
The amount of acceptable security for construction of
public improvements shall be reviewed and approved by the
Public Works Department.
(5) 5.3 Additional right-of-way will be required at the radius
type drives per City Standard No. 108E. Also, a 10.00
foot wide strip of right-of-way will be required for the
construction of the acceleration lane on Jamboree Road
along with a 10.00 foot wide easement adjacent to this
additional right-of-way for sidewalk and landscape
maintenance purposes.
(5) 5.4 An easement for traffic signal equipment and maintenance
purposes will be required within the most southerly drive
on Jamboree Road. The exact location and dimensions of
this easement cannot be determined until the traffic
signal has been designed.
Exhibit A
Resolution No. 2832
Page 12
(5) 5.5 An on-site traffic circulation plan will be required
showing all traffic signing and striping and shall be
subject to approval by the City Engineer.
5.6 Ail changes in existing curbs, gutters, sidewalks and
other public improvements shall be the responsibility of
the applicant.
5.7 Prior to issuance of Building permits, the applicant
shall post with the Community Development Department a
minimum $2,500 cash deposit or letter of credit. To
guarantee sweeping of streets and clean-up of streets
affected by construction activities. In the event this
deposit is depleted prior to completion of development,
an additional incremental deposit will be required.
5.8 Any damage done to existing street improvements and
utilities shall be repaired before issuance of a
Certificate of Occupancy for any phase within the project
site.
5.9 Prior to any work in the public right-of-way, an
excavation permit must be obtained and applicable fees
paid to the Public Works Department.
FIRE DEPARTMENT
(1) 6.1 Prior to issuance of grading permits, water improvement
(5) plans shall be submitted to and approved by the Fire
Chief for adequate fire protection and financial security
posted for the installation. The adequacy and
reliability of water system design, location of valves,
and the distribution of fire hydrants will be evaluated
in accordance with Insurance Services Office suggested
standards contained in the "Grading Schedule" for
Municipal Fire Protection.
(1) 6.2 Prior to issuance of any building permits for combustible
(5) construction, evidence that a water supply for fire
protection is available shall be submitted to and
approved by the Fire Chief. Fire hydrants shall be in
place and operational to meet required fire-flow prior to
commencing construction with combustible materials.
(1) 6.3 Prior to issuance of any building permits, plans for an
(5) automatic fire extinguishing system shall be approved by
Exhibit A
Resolution No. 2832
Page 13
the Fire Chief. Such systems shall be operational prior
to the issuance of a certificate of use and occupancy.
(1) 6.4 Prior to the issuance of any certificates of use and
(5) occupancy, the private streets shall be red curbed and
posted "No Parking - Fire Lane" as per 1985 Uniform Fire
Code Section 10.207 in a manner meeting the approval of
the County Fire Chief.
OPERATIONAL STANDARDS
(1) 7.1 No outside storage of any kind shall be permitted unless
specifically approved by the Community Development
Department and screened from view as determined
appropriate by the Department.
(1) 7.2 No overnight parking of vehicles is permitted on the
site.
(1) 7.3 Ail shopping carts (for any tenant), must be stored
inside the building of or in designated cart areas during
business hours. All carts must be stored inside the
building their respective store is closed. Storage of
carts in front of the store or in the pedestrian arcade
is strictly prohibited.
(1) 7.4 Ail landscaping shall be maintained in a healthy
condition such that all plant materials are evenly cut,
evenly edged, free of bare or brown spots, free of
debris, weeds and dead vegetation. Once initial planting
are installed, all landscaping shall remain as part of
the site and shall not be removed or altered without
approval of the Community Development Department.
*** 7.5 A maximum of 7,000 square feet of "Shops 1, 2, 3 and 'B'
or 'D'" are authorized for restaurant uses. Provided
that Buildings 'B' and 'D' are not occupied totally as
restaurant space (as a freestanding use).
TENANT NOTIFICATION
*** 8.1 The applicant shall prepare for review and approval of
content by the Community Development Department an
informational package to distribute to all tenants upon
execution of a lease which identifies public transit, car
pooling, ridesharing and other incentives to reduce
Exhibit A
Resolution No. 2832
Page 14
vehicle trips for employees. Said tenant shall be
required to distribute said materials to all new
employees. Said package shall be reviewed and approved
by the Community Development Department prior to issuance
of any Certificates of Occupancy.
FEES
(1) 9.1 Prior to issuance of any building permits, payment shall
be made of all required fees including; but not limited
to:
ae
Major thoroughfare and bridge fees to Tustin Public
Works Department.
Be
Sanitary sewer connection fee to Orange County
Sanitation District.
C.
Grading plan checks and permit fees to the
Community Development Department.
De
Ail applicable Building plan check and permit fees
to the Community Development Department.
E.
New development fees to the Community Development
Department.
Fo
School facilities fee to the Tustin Unified School
District subject to any agreement reached and
executed between the District and the Irvine
Company.
Go
Future facilities fees for
a. Civic Center Expansion
b. Irvine Boulevard Widening
c. Fire Protection Facility