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Home My WebLink AboutPC RES 2710 1 2 3 4 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 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 ~o amend the provisions of Use Permit 88-8, regarding site and landscaping plans, elevations, permitted uses, parking requirements and Master Sign Program. Be That a public hearing was duly called, noticed and held on said applications on November 27, 1989. Ce 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 c~r working in the neighborhood of such proposed use as evidenced by the following findings: le 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. 1 2 3 4 5 6 8 9 11 Resolution No. 2710 Page two · The proposed neon sign will be compatible with the architectural design of the project. D. That the project is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301a (Class 1). 12i 13 14 15 16 I ~ ~enn± ¥ole 20 Secretary 21 24 25 9.6 9.7 ,. E. 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 no~ to the general welfare of the City of Tustin, and should be granted. iii. 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 9Commission at a regular meeting on the 27th day of November, 1989 . 'LeSlie Anne Pontious EXHIBIT A 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 thD 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 standar~.~s 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: ae 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: Exhibit A Resolution No. 2710 Page two 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 be Office Building (Building D): Ail uses allowed within PR zone, except medical office or related uses. Ce Any uses included within the C-l, 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 9,733 square feet of the retail buildings A and C may be allowed only as follows: Space Maximum Mimimum Square Number Seating Footage 101, Bldg C 104, Bldg A 104, Bldg C 105, Bldg A 106, Bldg A 107, Bldg A 12 seats 42 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 o~ 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 Exhibit A Resolution No. 2710 Page three 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. 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 tha site. 1.10 The applicant and property owner shall sign and return and Agreement to conditions Imposed form as established by th~ Department of Community Development prior to the issuance any permits relating to medical uses or Ruby's Diner. SJP:pe~f · .. TABLE 1 PARKING DEMAND (1) (2) Medical(3) (4) ~ ~ ~ ~ ~estaurant Total 6:00 AM NOM 4 1 22 27 7:00 AM 7 25 4 22 58 8:00 AM 15 78 14 50 157 9:00 AM 35 115 20 52 222 10:00 AM 56 124 22 34 236 . 11:00 AM 72 124 22 40 258 12:00 Noon 81 112 20 45 258 1:00 PM 83 112 20 53 268 2:00 PM 81 120 21 46 268 3:00 PM 79 115 20 39 253 4:00 PM 72 95 17 53 237 5:00 PM 66 58 10 55 189 6:00 PM 68 29 5 60 162 7:00 PM 744 9 2 69 154 (1) Based on Tustin Code at (1:200) = 83 Spaces (2) Based on Tustin Code at (1:250) = 124 Spaces (3) Based on Tustin Code at (6:1000)= 22 Spaces (4) Based on Tustin Code at (1:3) = 75 Spaces, 30% reduction factor was applied to restaurant demand between 12:00 PM and 3:00 PM. .ILISTIN F. FARNIER 5 'FI~IANSI'OR'T^Ti¢IN F. NGINKER.'.i, INC. STATE OF CALIFORNIA ) COUNTY 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. oQ7/c5 was duly passed and adopted at a~ regular ~.eting of the~ustin Planning CommisSion, held on the~day of )/~z~.~..~ , 198~7' '