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RESOLUTION NO. 2731
A RESOLUTION OF THE PLANNING COMMISSSION OF THE
CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN
(USE PERMIT 89-47) FOR A RETAIL CENTER ON A
SITE IN A PLANNED COMMUNITY COMMERCIAL
DISTRICT (PC-C) FOR THE PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT AVENUE AND THE
SANTA ANA FREEWAY, 14041 NEWPORT AVENUE;
APPROVING A DRIVE-THRU LANE FOR CARL'S JR.
RESTAURANT; AND DENYING A 50' - 0" HIGH, 216
SQUARE FOOT FREEWAY POLE SIGN.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
That a proper application, Use Permit 89-47,
has been filed on behalf of CMS Development
requesting approval of a development plan for
a retail center totalling 45,376 square feet
located at 14041 Newport Avenue on property
lc~ally described as Assessor's Parcel Numbers
402 - 371 - 1 - 5, 13, 21 - 25. The applicant
is also requesting apFroval of the drive-thru
lane for Carl's Jr. Restaurant, and a 50' - 0"
high freeway pole sign for Carl's Jr.
Restaurant.
Be
A Negative Declaration has been filed in
accordance with the California Environmental
Quality Act.
C·
A public hearing was duly called, noticed and
held on January 8, 1990.
D·
That establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort, or
general welfare of the persons residing or
working in the neighborhood of such proposed
use, as evidenced by the following findings:
·
The uses applied for are in conformance
w~th the requirements of the Tustin
General Plan.
·
Tb.e uses app'.~.ed for are in cc'.formance
with the requirements of the Tustin
Zoning Code.
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Resolution No. 2731
Page two
·
The project has been designed to be
architecturally compatible with the area.
·
The project has been conditioned to allow
only those uses which will be compatible
with neighboring and adjacent uses.
·
The proposed development conforms with
the established guidelines for
development of Planned Community
Commercial properties as established by
Planning Commission Resolution No. 2411.
·
That the project is consistent with
Planning commission Resolution No. 2411,
outlining guidelines for review of
projects on properties located in the
Planned Community Commercial District.
Ee
That the establishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, and should be granted.
Fo
Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, State
of California Fire Code as administered by the
Orange County Fire Marshal, and street
improvement requirements as administered by
the City Engineer.
Go
Final developmen{ plans shall require the
review and approval of the Community
Development Department.
II. The Planning Commission hereby approves
Conditional Use Permit 89-47 approving the
development plan for a retail commercial
center at the southwesterly corner of Newport
Avenue and the Santa Ana Freeway, 14041
Newport Avenue, and approving a drive-thru
1.-ne for Carl's Jr. Restaurant subject to all
conditions contained in Exhibit A attached
hereto and incorporated herein.
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Resolution No. 2731
Page three
III. The Planning Commission finds and determines as
follows:
That establishment and maintenance of the use
applied for (pole sign) will be detrimental to
the hea~th, safety, morals, comfort and
general welfare of the persons residing or
working in the neighborhood of such proposed
use, a~ evidenced by the following ~indings:
i ·
That the location and height of the sign
will create visual blight for e>:isting
surrounding uses.
·
That the City of Tustin Sign Code only
permits freeway oriented pole signs for
eating, automotive related or lodging
facilities subject to the granting of a
Conditional Use Permit.
·
That the proposed pole sign will be
injuric' s or detrimenta:~ to property and
improvements in the neighborhood or the
general welfare of the City as evidenced
by the following:
ae
That the position of Carl's Jr.
Restaurant on the site plan provides
adequate freeway exposure for
signage.
be
That the types, sizes a.'d locations
of signage currently permitted by
t~ Sign Code provide adequate
opportunity for visible signage and
business identification.
C·
Approval of such sign would initiate
a precedent for other freeway pole
s~gns.
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Resolution No. 2731
Page four
IV. The Planning Commission hereby disapproves the
portion of Use Permit 89-47 requesting a 50' 0"
freeway pole sign for Carl's Jr. Restaurant.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the 8th day
of January, 1990.
LESLIE ANNE PONTIOUS,
Chairman
EXHIEIT A
CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 8~-68
CONDITIONS OF APPROVAL
RESOLUTION NO. 2731
GENE1L~L
(1) 1.1 The proposed project shall substantially conform, with the
submitted plans for the project date stamped January $, 1990
on file with the Community Development Department, as herein
modified, or as modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. Submitted plans constitute the approved develc~pment
plan and, except as modified herein, shall not be modified
without prior approval of an amendment to this Use Permit.
(1) 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.
*** 1.3 Parking for the proposed retail center shall be maintained as
(2) follows:
1 parking space per 2~0 square feet of general
showroom/general retail space.
1 parking space per 500 square feet of mezzanine/storage
space.
1 parking space per 3 seats for restaurant uses space.
*** 1.4 The uses authorized by the approval of Use Permit 89-47 are
(8) as follows:
ae
The type of uses allowed in the project shall
substantially conform to those uses authorized in the
C-1 and C-2 Zoning Dist~.~ct except for those uses
specifically prohibited in this Resolution. All uses
which require a Condition''l Use Permit as listed in the
C-2 Zoning District will also require a Conditional Use
Permit for this site.
be
Prohibited Uses: medical, dental and/or chiropractic
offices, auto repair or retail auto parts sales or
installation, schools or training facilities,
laundromats, convenience or liquor stores, arcades or
other gaming establishments, adult bookstores and massage
establishments. These uses are prohimited to ensure
compatibility of lam.'., uses with the adjacent residential
properties, ensure ccmpliance with the parking
requireme.'~ts listed herein and to comply with the
requireme].ts of Planning Commission Resolution No. 2411.
*** 1.5 Use Permit approval shall become null and void unless all
building permits for the project are issued within 1 year of
Exhibit A
Resolution No. 2731
Page 2
the date on this exhibit and substantial construction is
underway.
*** 1.6 The applicant shall execute and file an agreement with the
.... (1) Public Works Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
*** 1.7 The applicant shall submit a Tentative Parcel Map to be
reviewed by the Community Development Department approved by
the Planning Commission and City Council, prior to issuance
of any building permits for the project.
(1) 1.S The applicant shall execute and file an agreement to be
*** reviewed by the Community Development Department providing
joint access agreements throughout the project site.
*** 1.9 In the event that, through private negotiations, the project
site configuration includes the Headache Treatment Center a
reciprocal access agreement will be required. In addition,
once there are improvements made to the Headache Treatment
Center property that would require a building permit street
improvements along Mitchell will be required.
(1) 1.10 The applicant shall submit plans delineating any existing or
*** future easements on the project site. All said easements
shall be shown on the Tentative Parcel Map.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
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. Plans should reflect architectural details and
elevations for all structures, walls, mechanical
equipment enclosures, trash enclosures and any other
construction level drawings necessary to accurately
reflect all proposed construction.
(2) B.
(3)
Preliminary 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
Community Development Department.
Exhibit A
Resolution No. 2731
Page 3
(2) C.
(3)
(2) D.
(3)
(3) E.
(1) F.
(1) G.
(6)
(6)
(6)
(1)
(2)
Final grading and specifications consistent with the
site plan and landsca] :ng plans ant prepared by a
registered civil engineer for approval of the Community
Development Department.
A precise soils engineering report provided by a soils
engineer prepared within the previous twelve (12) months.
Provide technical drawings for electrical, plumbing and
mechanical installation.
Presentation of a sedimentation and erosion control plan
for all construction work related to the subject site
including a method of control to prevent dust and
windblown earth problems. The plan shall be reviewed and
approved prior to rough grading of the site.
Information, plans and/or s~,ecifications to ensure
satisfaction of all Public Works Department requirements
including but not limited to:
·
Dedication of all required street vehicular access
rights, sewer easements and water easements defined
and approached as to specific location by the City
Engineer and other responsible agencies.
·
The construction of any new on-site fire hydrants
will require a detector check within an easement per
City Standard No. 129. A legal description and
sketch of the easement areas along with a copy of
the latest vesting fo~' this property shall be
submitted to the Engineering Division for review and
preparation of an easement deed. Said deed must be
executed by the property owner prior to any
approvals/permits from the Engineering Division.
·
Construction or replacement of all missing or
damaged public improvements will be required and
shall include but not be limited to the following:
a·
Curb and gutter
Sidewalk
Wheelchair ramp
A.C. pavement
Street lights
Domestic water s=rvice
Fire hydrant/fire service (if required by O.C.
Fire ~'~arshal)
Exhibit A
Resolution No. 2731
Page 4
(1) 4.
(1) 5.
*** 6.
(2,6)
*** 7 ·
(2,6)
*** 8.
(2,6)
*** 9 ·
(2,6)
(1)
(6) H.
h. Sanitary sewer lateral
Separate street improvement plans (24" x 36" sheet)
are required for all work within the public right-
of-way and all construction items referenced to the
City Standard drawing number.
Applicant shall be responsible for pavement markings
along Newport Avenue to accommodate the
channelization. All pavement marking will be
subject to review and approval by the City Engineer.
Prior to occupancy, the applicant shall meet with
the city Traffic Engineer to finalize the number and
placement of on-site directional signs.
Prior to occupancy, the applicant shall upgrade the
signal at Newport and Mitchell. This includes the
installation of exclusive left turn phasing on
Newport Avenue as well as necessary inter-connect
equipment to tie into the City's computer signal
system.
Ail project driveways shall be designed using a
15 foot curb radius.
Ail curb areas within the site not part of parking
stall design shall be painted red.
10. Clear sight triangles 20' x 20' shall be maintained
at each access drive. In particular, no landscaping
signs or vegetation between 3' and 8' above the
gutter line shall be installed.
The applicant shall comply with all requirements of the
Orange County Fire Marshal, including required fire flow,
installation where required of fire hydrants subject to
approval as to location by the Fire Department, City of
Tustin Public Works Department, Tustin Water Works and
compliance with all requirements pertaining to
construction as follows:
i ·
Prior to issuance of building perrits for
combustible construct.'oon, evidence that adequate
water supply and operational fire hydrants are
available for fire protection shall be submitted and
approved by the Orange County Fire Marshal. The
applicant shall also submit water improvement plans
Exhibit A
Resolution No. 2731
Page 5
for approval of the Fire Marshal.
·
Ail required Orange County Fire Department signs
shall be posted and designed in accordance with the
Orange County Fire Department requirements.
·
Prior to the issuance of any building permits, plans
for commercial fire extinguishing system shall be
approved by the Fire Chief. Such systems shall be
operational prior to the issuance of a certificate
of use and occupancy.
·
Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency
vehicle access for the number of dwelling units
served.
·
Prior to the issuance of any certificates of use and
occupancy, the fire lanes shall be red curbed and
posted "No Parking-Fire Lane" as per 1985 Uniform
Building Code Section 10.207 in a manner meeting the
approval of the County Fire Chief. (CMr-28!I)
*** Z.Z Any underground gasoline tanks shall be removed and any toxic
(2) soils or substances removed from the site in accordance with
the County of Orange Hazardous Materials Division
requirements, prior to issuance of building permits.
NOISE
(1) 3.1 All construction operations including engine warm up ~ 'lall be
(2) subject to the provisions of the City of Tustin Noise
*** Ordinance and shall take place only during the hours cf 7:00
a.m. until 6:00 p.m., Monday through Friday unle..~s the
Building Official determines that said activity wil~ be in
substantial conformance with the Noise Ordinance . ~d the
public health and safety will not be impaired subject to
application being made at the time the permit ior the work is
awarded or during progress of the work.
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be
made of all required fees including:
A. Tentative Parcel Map
Exhibit A
Resolution No. 2731
Page 6
Be
Ce
De
Ee
F®
G,
He
Major thoroughfare and bridge fees to Tustin Public Works
Department.
Sanitary sewer connection fee to Orange County Sanitation
District.
Grading plan checks and permit fees to the Community
Development Department.
All applicable Building plan check and permit fees to the
Community Development Department.
New development fees to the Community Development
Department.
School facilities fee to the Tustin Unified School
District.
Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin-Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
SITE AND BUILDING CONDITIONS
(1) 5.1 Ail improvements, materials and colors shall substantially
(4) conform to the approved plans, date stamped January 8, 1990
any changes shall be subject to review and approval of the
Director of the Community Development Department. All
exterior treatments must be coordinated with regard to color,
materials and detailing and noted on submitted construction
plans and elevations shall indicate all colors and materials
to be used.
(4) 5.2 The actual finished textures shall be subject to review and
approval of the Community Development Department.
(1) 5.3 The exact color and stucco finish to be utilized on exterior
(4) building walls, and the color on window frames shall be
subject to approval of the Director of Community Development.
The Community Development Department would suggest darkening
the sand finished plaster accent color.
(1) 5.4 Note on 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) 5.5 Ail mechanical and electrical fixtures and equipment shall be
(4) adequately and decoratively screened. The screen shall be
Exhibit A
Resolution No. 2731
Page 7
considered as am element of the overall design of the project
and shall ble..~ with the architectural design of the
buildings. Ai~ telephone and electrical boxes shall be
indicated on the buildin~ plans and shall be completely
screened. Electrical transformers shall be located toward the
interior of the project maintaining a sufficient distance from
frontage of the project and shall not be located in any
landscaping setback and adjacent t.~ street.
(!) 5.6 Submit detail for all on-site walls to be const.~cted by
(4) developer. Show type of wall cap -nd color, exterior
materials and decorative treatment of all exposed walls. Said
walls shall be consistent with main building treatments and
have a round, decorative cap. Design of walls/fences shall
be subject to final approval of the Community Development
Department and should be consistent with main building
treatments.
(1) 5.7 Provide additional details on lighting scheme for project.
(3) Note final locations of and intensity of all exterior lights.
(4) All lighting fixtures shall be located or designed so to
direct rays of light so they do not shine on adjacent
properties. Show lighting to be installed on b~.ildings.
(4) 5.8 Provide structural details, colors and materials for block
trash enclosure walls. The trash enclosures shall be
architecturally treated to match the buildings and shall have
solid metal gates.
(1) 5.9 Ail roof drains shall be internal and not visible on building
(4) elevations. All roof drains shall be designed so that run-
off is properly drained into concrete swales.
Note on plans that utilities serving site to be undergreund.
Show all above ground locations for meters, transformers,
manifolds and details for screening. Transformers shall not
be permitted within required setback areas. Remove all
existing overhead utilities exclusively serving site.
(1) 5.1~ A revised, detailed project sign program including des~.~n,
(3) location, sizes, color and materials shall be s~bmitted for
review and approval by the De~artment c~ Community
Development. The sign program shall includ,' project
identification, addressing and directional signs to direct
autos to proper access, parking and loading and include any
traffic restrictions. All signs shall be in accordance with
the Tustin Sign Code and subject to the proper permit
requirements; reflecting the following:
Exhibit A
Resolution No. 2731
Page 8
One (1) business identification sign per tenant per
building frontage. Maximum size front wall: 15% of wall
area not to exceed 75 square feet. Maximum size rear and
side walL: 5% of wall area not to exceed 25 square feet.
Hanging arcade signs not to exceed one sign per tenant
nor larger than six (6) square feet per face. Signs must
be below the roof line and maintain a seven (7) foot
clearance from sidewalk or pedestrian level to lowest
point of sign.
One (I) monument sign for center identification not to
exceed 75 square feet or six (6) feet in height per
street frontage. A tenant identification directory may
be incorporated on the center identification monument
provided the sign does not exceed 75 square feet per face
nor six (6) square feet per tenant.
Traffic and secondary signs shall be standard sizes and
utilize decorative metal posts. Actual size, design and
location shall be subject to Community Development
Department Director
Any mailbox detail shall indicate color and exterior treatment
and design shall be consistent with exterior building design
subject to approval of the Community Development Department
and the Postal Service.
5.~3 Note on plans that no outdoor storage is permitted except as
approved by the City of Tustin Community Development Director.
5.~4 Note on plans that Buildings C and D should show areas on the
site plan for a minimum 12' x 25' loading areas.
5.~5 Provide truck turning radius details on technical plan.
Provide details to be reviewed and approved by the Community
Development Department for soundproofing of drive-thru
speakers.
5.~7 The Carl's Jr. drive thru lane shall show a minimum of 35'
clearance.
Indicate on floor plans a physical barrier to restrict public
access to the mezzanine level of Buildings A and B. The
mezzanine level shall never be used for general retail space
and shall be used for storage and display space only.
Exhibit A
Resolution No. 2731
Page 9
5.19 Change Newport Avenue elevation of Carl's Jr. Restauru~,. to
inc.ude an eave to add depth and be more compatible %'ith
overall design tkeme. Corrected plans shall be reviewed and
approvec by the Community Development Department Director.
5.20 The rear elevations of Building D shall be revised to provide
additional architectural relief and treatments to reduce the
starkness of this elevation including increasing the bu%ldin..:
setback to 18 inches and corresponding reductions in floor
area as approgriate, installation of landscaping particularly
wall climbint vines and shrubs to reduce the visual impact and
where agreements can be obtained from adjacent single family
residences installations of 24" box trees at 20 foot intervals
in a species type and planting location approved by the
Director of Community Development.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(7) 6.1 At final plan check a completely detailed landscape and
irrigation plan must be submitted for landscaping with
whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing
identification to plant materials in their actual location.
The plan and table must list botanical and common names,
sizes, spacing, actual location and quality 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. The Department of Community
Development may request minor substitutions of plant materials
or request additional sizing or quantity of materials during
plan check. Note on landscaping plan that coverage of
landscaping is subject to field inspection at project
completion by the Community Development Department.
(7) 6.2 The submitted landscaping plans at plan check must reflect the
following requirements:
a)
Turf is unacceptable for grades over 25%. A . ~mbination
of planting materials must be used, ground cover along
on large areas is unacceptable.
b)
Buffer driveway and parking areas with a 30" high-'inimum
landscaping berm, specifically along Newport Avenue.
c) Provide a minimum of one (1) 15 gallon size tree and 5
Exhibit A
Resolution No. 2731
Page 10
* 6.3
gallon size shrubs for every 30' of property line on the
property perimeter.
d)
Landscape plan shall indicate one (1) 15 gallon size tree
provided for each 5 parking spaces within an open parking
area.
e)
Shrubs shall be a minimum of 5 gallon size and spaced a
minimum of eight feet on center when intended as screen
planting.
f)
Ground cover shall be planted between 8 and 12 inches on
center.
g)
A newly planted tree shall be staked according to City
standards.
h)
Up along fences and/or walls and equipment areas provide
landscaping screening with shrubs, and or vines and trees
on the northerly facing building frontage.
i)
Note on plans that all plant materials shall be installed
in a healthy vigorous condition typical to thc species.
Also note that all landscaping must be maintained in a
neat and healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of diseased
or dead plants.
J)
In irrigation areas, controller to be enclosed in
lockable housing. Design irrigation systems to provide
sufficient coverage as well as avoiding water overspray
on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
k)
Ail landscaped planters shall be contained by a minimum
6" high concrete curb.
Indicate details, colors, textures and materials for all
paving and exterior walkways. Provide entry driveway
treatments to enhance entrances to project utilizing colored
interlocking pavers. Brick treatments should also be designed
and integrated into exterior walkways on the project site (not
in the public right-of-way) to create a reinforced pedestrian
corridor that is more decorative. Concrete utilized on the
walkways shall be integrally colored to improve appearance
over time.
Exhibit A
Resolution No. 2731
Page 11
6.4 The landscape plan for the project shall be modified to
incorporate the conditions contained and as follows:
a)
Major points of entry to the project and internal
pedestrian circulation routes shall receive specimen
trees to create an identification theme for the project.
b)
Please note that large scale buildings shall ba
complimented by appropriately scaled landscaping. Please
provide an upgrade of the palm species type to compliment
the large scale buildings.
c)
Steel pipe guards shall be decorative and subject to
approval of the Community Development Department as to
location and design.
d)
Further reinforce separated pedestrian circulation
systems from traffic circulation systems by the use of
decorative pavement treatments and landscaping.
e)
Further enhance and signify the project entryway. As the
entry is the focal point of the site, larger tree
treatments shall be provided with a variety of color as
well as incorporation of special elements such as water
etc.
f)
Further enhance column treatments under arcades by adding
planters containing greenery and flowers to soften the
pedestrian walks.
6.5 Secure a maintenance agreement with Cal Trans for the
landscaping setback along the I-5 Freeway.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) U~IFORM BUILDING CODE(S)
(4) DESIGN REVIEW
*** EXCEPTION*
(5) SPECI~'IC PLAN
(6) RESPONSIBLE AGENCY REOUIREMENT
(7) LANDSCAPING GUIDELINEE
(8) PC/CC POLICY
STATE OF CALIFORNIA )
COUp!fY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. ~9'7~/ was duly passed and adopted at.aj~e_qular meetin§ of
the Tustin Planning Commission, held on the ~¢x_ day of
.
19~ZD .
PI~NN I FOLEY
Recordi n§ Secretary