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RESOLUTION NO. 2635
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING A DEVELOPMENT PLAN (USE PERMIT
89-21) FOR A RETAIL CENTER ON A SITE IN PLANNED
COMMUNITY COMMERCIAL DISTRICT (PC-C) FOR THE PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF NEWPORT AVENUE AND
MAIN STREET, 13662 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
fol 1 ows:
I. The Planning Commission finds and determines as follows'
A. That a proper application, Use Permit No. 89-21 has been filed on
behalf of Champion Development requesting approval of a
development plan for a retail center totaling approximately
18,200 square feet located at 13662 Newport Avenue on property
legally described as Assessor Parcel numbers 500-171-1 through 3.
B ·
A public hearing was duly called, noticed and held on June 26,
1989.
C. That establishment, maintenance, and operation of the use applied
for will no~, '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:
1. The use applied f'6r is in conformance with the requirements
of the Tustin General Plan.
2. The use applied for is in conformance with the requirements
of the Tustin Zoning Code.
3. The project has been destgned to be architecturally
compatible with the area.
4. The proposed develOpment conforms wi th the established
guidelines for. development of Planned Community Commercial
properties as established by Planning Commission Resolution
No. 2411.
D. 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 df Tustin, and should be
granted.
I.
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Resolution No. 2635
Page two
Ge
Proposed development shall be tn accordance with the development
pollctes adopted by the Clty Council, Untform Building Codes as
administered by the Building Offictal and State of California,
Fl re Code as administered by the Orange County Ftre Marshal, and
street Improvement requirements as administered by the City
Engt neet. .
A negatlve declaration has been filed in conformance with the
California Environmental Quality Act.
Final development plans shall require the review and approval of
the Community Development Department.
II. The Planning Commission hereby approves Conditional Use Permit No.
89-21 approving the development plan for a retail commercial center
at the southeasterly corner of Newport Avenue at Main Street, 13662
Newport Avenue, subject to all conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED at a regul~of the Tustin Planning Commission,
held on the 26th day of June, 1989.
-PENNI FOLEY,~
Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PEP, HIT Bg-21
RESOLUTION NO. 2635
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted site
plan and development plans for the project date stamped June 26, 1989 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. Submitted plans constitute the approved
development 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, the conditions contained in this exhibit
shall be complied with prior to the issuance of a building permit for the
project, subject to review and approval by the Community Development
Department.
* 1.3 Parking for the proposed commercial center shall be maintained as
(2) follows:
I parking space per 200 square feet of retail use.
i parking space per 3 seats for restaurant uses.
(8)
1.4 The uses authorized by the approval of Use Permit 89-21 are as follows:
a. A minimum of 75% of the building floor area shall be devoted to
retail sales establishments.
b. The type of uses allowed in the project shall substantially conform
to those uses authorized in the C-2 Zoning district except for those
uses specifically prohibited in this resolution. All uses which
require a Use Permit as listed in the C-2 zoning district will also
require a conditional use permit for this site.
c. Prohibited Uses: Medical, dental and/or chiropractic offices, auto
repair or general retail auto parts sales (excluding specialty
accessory parts sales) or installation, schools or training
facilities, laundromats, convenience or liquor stores, arcades, or
other gaming establishments. These uses are prohibited to ensure
compatibility of land uses with the adjacent residential properties,
ensure compliance wi th the parking requirements listed herein and to
comply with the requirements of Planning Commission Resolution No.
2411.
SOURCE CODES
( 1 ) STANDARD COND IT I ON
(2) ENVIROI~qENTAL MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC/ POLICY
Exhibit A
Resolution No. 2635
Page two
1.5 Use permit approval shall become null and void unless all building
permits for the project are issued within one year of the date on this
exhibit and substantial construction is underway.
1.6 The applicant shall execute and file an agreement with the Public Works
department agreeing to maintain all landscaping in the public parkways
adjacent to the site.
1.7 A covenant agreement to hold the parcels together as one shall be
prepared and reviewed by the Community Development Department, and
recorded against the subject properties prior to issuance of any
structural building permits for the project.
1.8 The southerly handicap parking spaces shall be moved further north on the
site to avoid vehicle stacking problems.
1.9 The Public Works Department shall investigate and install , where
appropriate, red curbs along Andrews Street, west of the southerly access
point, along the south side of Andrews Street adjacent to Newport Avenue
and along Newport Avenue both north and south of Andrews Street.
Additionally, the investigation of the installation of one "Keep Clear"
sign on Newport Avenue south of Andrews Street and one "Caution Children"
on Andrews Street just east of Newport Avenue shall be conducted by the
Public Works Department. The results of the investigation shall be
presented to the Planning Commission and the cost for any and all work
shall be borne by the applicant as deemed appropriate by the Public Works
Di rector.
GRADING/DRAINAGE
2.1 At building plan check, submit prior to issuance of building permits as
fol lows:
(3)
A. Construction plans, structural calculations, and title 24 energy
calculations shall be submitted for all improvements. 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, enclosures and any other construction
level drawings necessary to accurately reflect all proposed
construction.
{3)
B. Provide 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 fi eld changes shall be made without corrections
submitted to and approved by the Community Development Department.
(3)
C. Provide technical drawings for electrical, plumbing and mechanical
installation.
Exhibit A
Resolution No. 2635
Page three
(3) D.
(3) E.
(1)
(1)
(6)
(6) *
(6) *
(1)
(2)
(1)
Final grading and specifications consistent with the site plan and
the Orange County Surveyor's Bench mark datum and prepared by a
registered civil engineer for approval of the Community Development
Department.
A precise soils engineering report provided by a soils engineer
within the previous twelve (12) months.
F. Presentation of a sedimentation and erosion control plan for all
construction work related to the subject parcel 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.
Go
Information, plans and/or specifications to ensure satisfaction of
all Public Works Department requirements including but not limited
to:
1. 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.
2. 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 for 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.
3. Construction or replacement of all mi ssing or damaged public
improvements will be required and shall include but not be
limited to the following:
a. Curb and gutter
b. Si dewalk
c. Wheelchair ramp
d. A.C. pavement
e. Street lights
f. Domestic water service
g. Fire hydrant/fire service (if required by
O.C. Fi re Marshal)
h. Sanitary sewer lateral
4. 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.
Exhibit A
Resolution No. 2635
Page four
(1)
(6)
(6)
(6)
·
If a detector check is required, it will need to be constructed
behind the right-of-way line within an easement to the City per
Standard Plan No. 129.
6. All ingress/egress via Main Street driveway to right turn
movements only.
7. Applicant shall be responsible for pavement markings along Main
Street to accomodate the channelization which will prohibit
left turn movements to and from the Main Street driveway. All
pavement marking will be subject to review and approval by the
City Engineer.
8. 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.
H. 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:
1. Prior to issuance of building permits for combustible
construction, 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 for approval of the Fire Marshal.
®
All required Orange County Fire Department signs shall be
posted and designed in accordance with the Orange County Fire
Department requirements.
e
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.
2.2 Any underground gasoline tanks shall be removed and any toxic soils or
substances removed from the site in accordance with the County of Orange
Hazardous Materials Division requirements, prior to issuance of building
permi ts.
Exhi bi t A
Resolution No. 2635
Page five
NOISE
(1) 3.1 All construction operations including engine warm up shall be subject to
(2) 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
unless the Building Official determines that said activity will be in
substantial conformance wi th the Noise Ordinance and the public heal th
and safety will not be impaired subject to application being made at the
time the permit for 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:
Ae
Do
Ee
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.
SITE AND BUILDING CONDITIONS
(1) 5.1 All improvements, materials and colors shall substantially conform to the
(4) approved plans, date stamped June 26, 1989 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 on proposed pre-cast concrete columns shall
be subject to review and approval of the Community Development
Department. In the event the proposed treatment is unacceptable, the
Community Development Department may require that the columns be stuccoed
to match the building.
(1) 5.3 The exact color and stucco finish to be utilized on exterior building
(4) walls, and the color on window frames shall be subject to approval of the
Director of Community Development. The Community Development Department
would suggest lighting up exterior wall elevation colors in a slightly
lighter shade in the earthtone range.
Exhibit A
Resolution No. 2635
Page si x
(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.
I1) 5.5 All mechanical and electrical fixtures and equipment shall be adequately
(4) and decoratively screened. The screen shall be considered as an element
of the overall design of the project and shall blend wi th the
architectural design of buildings. All telephone and electrical boxes
shall be indicated on the building 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
to street.
(1) 5.6 Submit detail for all on-site walls to be contructed by developer. Show
(4) type of wall cap and color, exterior materials and decorative treatment
of all exposed walls. Design of walls/fences shall be subject to final
approval of the Community Development Department and should be consistent
wi th main building treatments.
(1) 5.7 Provide details on lighting scheme for project. Note final locations of
(3) all exterior lights. All lighting fixtures shall be of ornamental design
(4) and shall be located or designed so to direct rays of light so they do
not shine on adjacent properties.
(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 All 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.
5.10 Note on plans that utilities serving site to be underground. Show all
above ground locations for meters, transformers, manifolds and details
for screening. Transformers shall not be permitted within setback areas.
5.11 An access agreement reviewed and approved by the City and recorded with
the easterly property owners shall be approved and recorded on the deeds
to the properties prior to issuance of building permits.
(1) 5.12 A complete, detailed project sign program including design, location,
(3) sizes, color, and materials shall be submitted for review and approval by
the Department of Community Development. The sign program shall include
Exhibit A
Resolution No. 2635
Page seven
project identification, addressing and directional signs to direct autos
to proper access, parking and loading and include any traffic
restrictions. Any freestanding signs shall be limited to one monument
sign, maximum 6 feet in height consistent with architecture for the
project. All other signs shall be in accordance to the Tustin Sign Code
Section 9494.
5.13 The freestanding sign shall provide the name and address of the center.
Address numerals shall be prominently displayed and be a minimum of 6" in
height.
5.14 No signs will be permitted on the east facing building elevation.
5.15 Any mailbox detail shall indicate col or and exterior treatment and design
shall be consistent with exterior building design subject to approval of
the Community Development Department and the Postal Service.
LANDSCAPING, GROUNDS AHD 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 botantical 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 combination of planting
materials must be used, ground cover on large areas alone is not
b) A minimum 30" high earthen berm shall be provided along the Newport
Avenue, Andrews and Main Street frontages wherever possible or
alternative planting screening materials subject to approval of the
Community Development Department.
(7) 6.3 All newly planted trees shall be staked according to City standards.
Exhi bi t A
Resolution No. 2635
Page eight
{7) 6.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 3 feet on center when intended as screen planting.
(7) 6.5 Ground cover shall be planted between 8 to 12 inches on center.
{7) 6.6 When 1 gallon plant sizes are used the spacing may vary according to
materials used.
(7) 6.7 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.
(7) 6.8 Note on plans that all plant materials shall be installed in a healthy
vigorous condition typical to the species. Also note that all
landscaping must be maintained in a neat and healthy condition, this will
include but not be limited to triming, mowing, weeding, removal of
litter, fertilizing, regular watering, or replacement of disease or dead
plants.
{7) 6.9 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.
(7) 6.10 All landscaped planters shall be contained by a minimum 6" high concrete
curb.
6.11 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 should also be integrally colored to improve
appearance over time.
6.13 The landscape plan for the project shall be modified to incorporate the
conditions contained and as follows:
ae
A minimum of four additional tree wells and trees shall be provided
in the parking area to accommodate City's landscaping requirements
with location subject to approval of the Director of Community
Development.
b. Please note that large scale buildings shall be complimented by
appropriately scaled landscaping. Please provide an upgrade of the
palm species type to the same scale and species type utilized on the
Tustin Plaza project.
Exhibit A
Resolution No. 2635
Page ni ne
Ce
LCK:CAS:ts:pef
Steel pipe guards shall be decorative and subject to approval of the
Community Development Department as to location and design.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersi§ned, hereby certify that I am the Recording
Secretary of the_Planni_ng Commission of the City of Tustin, California; that
Resolution No. ~-~_~ was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the ~ day of C~ ,
198_4~_.
PENNI FOLEY
Recording Secretary