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REVISED
RESOLUTION NO. 2710
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING A SECOND
AMENDMENT TO USE PERMIT 88-8 MODIFYING THE
BUILDING SITE AND LANDSCAPING PLANS,
PERMITTED USES, REQUIRED PARKING AND SIGN
PROGRAM AT OAK TREE PLAZA LOCATED AT 17582
EAST SEVENTEENTH STREET
The Planning Commission of the City of Tustin hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application for a second amendment to
Use Permit 88-8, has been filed on behalf of Colco,
Ltd. and Ruby's Diner, requesting to amend the
provisions of Use Permit 88-8, regarding site and
landscaping plans, elevations, permitted uses, parking
requirements and Master Sign Program.
B·
Ce
That a public hearing was duly called, noticed and
held on said applications on November 27, 1989.
That establishment, maintenance and operation of the
uses 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 with the
requirements of the Tustin General Plan and
Zoning Code.
·
The conditions contained herein are necessary to
avoid incompatible elements of the proposed
project and to ensure compliance with these
conditions for the life of the Use Permit.
·
·
The use will be compatible within the surrounding
uses as they are commercial in nature.
Adequate parking is anticipated to be available
on site to provide for all uses.
·
The proposed neon sign will be compatible with
the architectural design of the project.
De
That the project is exempt from the requirements of
the California Environmental Quality Act, pursuant to
Section 15301a (Class 1).
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Revised Resolution No. 2710
Page 2
Ho
That the establishment, maintenance and operation of
the uses applied for would 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.
II. The Planning Commission hereby approves a Second Amendment
to Use Permit 88-8, subject to the conditions contained in
Exhibit A attached hereto and included herein by reference.
PASSED, APPROVED AND ADOPTED by the Planning Commission at a
regular meeting on the 23rd day of March, 1992.
KATHLEEN CLANCY .~
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Revised Resolution No. 2710 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 23rd day of March, 1992.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
Revised Resolution No. 2710
CONDITIONS OF APPROVAL
Second Amendment to Use Permit 88-8
1.1 Ail original conditions of approval contained within Exhibit
A of Planning Commission Resolution 2494 shall remain in
effect, except those modified herein. The conditions
established by City Council Resolution No. 89-77 will be
superseded by the conditions contained herein.
1.2 Unless otherwise specified, conditions contained in this
exhibit shall be complied with prior to issuance of any
additional building permits for the project.
1.3 Conditions 1.1, 1.3, 1.4 and 1.8 of Exhibit-.A of Planning
Commission Resolution No. 2494 shall be revised to read as
follows:
"1.1 The proposed project shall substantially conform with the
submitted site plan for the project date stamped May 9,
1988 on file with the Community Development Department as
amended by the City Council on July 17, 1989, and
Planning Commission on November 27, 1989, and as herein
modified, or as modified by the Director of Community
Development Department in accordance with this
resolution.
1.3 A total of 273 parking spaces shall be maintained for the
proposed commercial center based upon the uses and size
limitations outlined in condition 1.4 following. Said
uses have been evaluated in a parking demand study (Table
1 attached hereto) which utilized the following standards
as the basis of the report. Any future permitted uses
will be regulated by the same parking standards.
,
1 parking space per 200 square feet of retail use.
1 parking space per 250 square feet of office use.
1 parking space per 3 seats for restaurant uses.
° 6 parking spaces per 1,000 square feet of medical
office or related uses.
1.4 The uses authorized by the approval of Use Permit 88-8
are as follows:
a.
Retail Buildings (Buildings A, B and C): Ail uses
allowed in the C-1 and C-2 zone, except
professional offices. A maximum of 3,618 square
feet of medical office uses are permitted within
the retail buildings as follows:
Space No.
Maximum square feet
101, Bldg A
103, Bldg C
105, Bldg C
1,418 sq ft
1,200 sq ft
1,000 sq ft
Exhibit A - Revised Resolution No. 2710
Conditions of Approval
Page 2
be
Office Building (Building D): Ail uses allowed
within PR zone, except medical office or related
uses.
C®
Any uses included within the C-I, C-2 or PR zones
which require approval of a use permit, shall be
conditionally permitted uses for this project site.
de
A maximum of 224 seats of restaurant use within
9,873-square feet of the retail buildings A and C
may be allowed only as follows:
Space Maximum
Number Seating
Minimum Square
Footage
101, Bldg C
104, Bldg A
104, Bldg C
105, Bldg A
106, Bldg A
107, Bldg A
12 seats
142 seats
16 seats
24 seats
15 seats
15 seats
996 sq ft
3,647 sq ft
1,200 sq ft
2,000 sq ft
1,000 sq ft
1,030 sq ft
1.8 Office uses shall not exceed 34,503-square feet of total
gross floor area of the 61,040-square feet shown on the
amended approved plans. A total of 30,885-square feet of
non-medical office use shall be contained within Building
D and a maximum of 3,618-square feet of medical office
uses may be located within Buildings A or C as provided
for in subsection 1.4(a) above."
1.4 No future modifications to the maximum permitted number of
restaurant seats, or to the amount of square footage allocated
to medical office or restaurant uses shall be permitted or
applied for by the applicant or property owner. The
designated medical or restaurant uses may always be converted
to retail uses.
1.5 If at any time in the future a tenant or customer advises the
City that a parking problem exists on the project site, the
Director of Community Development may require the property
owner to prepare an updated parking demand analysis. If said
parking study indicates that there is inadequate parking on
the site, the applicant will be required to mitigate these
impacts by providing off-site parking or modifying the
permitted medical and restaurant uses on the site to reduce
parking demand.
Exhibit A - Revised Resolution No. 2710
Conditions of Approval
Page 3
1.6 The Master Sign Program for Oak Tree Plaza shall be amended to
permit two red and white exposed neon signs for Ruby's Diner
only. The front sign shall not exceed 74 square feet and the
rear elevation sign shall not exceed 25 square feet in size.
Any major modifications to the approved Sign Program shall
require Planning Commission approval.
1.7 The existing chain-link fencing surrounding the flood control
channel, shall be replaced with a green vinyl-coated chain-link
fence within 120 days of approval of this Resolution Exhibit.
1.8 In the event structural plans, calculations or specifications
or grading plans, previously approved by the City, need to be
revised to reflect modifications approved herein, the
applicant.shall submit for plan check all required corrections
subject to review and approval of he Community development
Department. Upon submittal or prior to approval, the applicant
will be responsible for all applicable building plan check and
revised permit fees.
1.9 No outdoor bar or restaurant seating shall be permitted on the
site.
1.10 The applicant and property owner shall sign and return and
Agreement to conditions Imposed form as established by the
Department of Community Development prior to the issuance of
any permits relating to medical uses or Ruby's Diner.
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