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RESOLUTION NO. 2494
A RESOLUTION'OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING A DEVELOPMENT PLAN (USE PERMIT 88-8)
FOR A MIXED USE CENTER FOR OFFICE AND RETAIL USES ON A
SITE IN PLANNED COMMUNITY COMMERCIAL DISTRICT (PC-C)
FOR THE PROPERTY LOCATED ON THE SOUTH SIDE OF
SEVENTEENTH STREET BETWEEN ENDERLE CENTER WAY AND
PROSPECT 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'
Ae
That a proper application, Use Permit No. 88-8 has been filed on
behalf of Colco Ltd. requesting authorization for a development
plan for a mixed use commercial center with retail and office
uses totaling approximately 62,000 square feet.
B. A public hearing was duly called, noticed and held on May 9,
1988.
C. 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:
1. The use applied for 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 conditions contained in Exhibit A attached to this
Resolution are necessary to avoid incompatible elements of
the proposed project and compliance with these conditions
shall be guaranteed for the life of this Use Permit.
4. The project has been designed to be architecturally
compatible wi th the area.
De
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.
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Resolution No. 2494
Page two
F ·
G·
Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official and State of California,
Fire Code as administered by the Orange County Fire Marshal, and
street improvement requirements as administered by the City
Engineer.
A negative 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.
88-8 approving the development plan for a mixed use commercial center
on Parcel 2 on a map filed in Book 150, pages 44 and 45 of Parcel
Maps, the the office of the County Records of Orange County with the
conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 9th day of May, 1988.
I
! I~P'[~NI FOI'E
Secretary Y' ,~-
KATHY WEIL(~F
Chairman
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. ,.i~.~/?~ was duly passed and adopted at a regular meeting of
the T~Usttn Planning cbm~t sst on, held on the ~? J ~m- day of "~,>?~,]y/ ,
198
PENNI FOLEY ' s'~/''~?
Recording Secretary
Resolution 2494
EXIIIBIT A
MAY 9, 19B8
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 88-8
GENERAL
(1) 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 herein modified, or as modified by the
Director of Community Development Department in accordance with this
exhibit.
(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
follows:
(2) °
0
o
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.
* 1.4 The uses authorized by the approval of Use Permit 88-8 are as follows:
ae
be
Retail Buildings: All uses allowed in the C-1 and C-2 zone, except
professional offices or medical related uses.
Office Building: All uses allowed in PR zone excepting medical
related uses.
Any uses in the C-1, C-2, and PR zones requiring use permits shall be
conditionally permitted uses for this project.
1.5 Use permit approval shall become null and void unless building permits
are issued within one year of the date on this exhibit.
SOURCE CODES
(1) STANDARD CONDITION
(2) ENVIROI~4ENTAL HITIGATION
(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. 2494
Page two
1.6 All outdoor seating as provided on the landscaping plan shall be limited
to a maximum of 30 seats. This seating shall be provided for use In
common and not assigned for exclusive use by any tenant in the center.
1.7 No alcoholic beverages shall be consumed in the outdoor seating area
shown on the landscape plan.
1.8 Office uses shall not exceed 50% of total buildable floor area as shown
on the submitted development plan.
GRADING/DRAINAGE
(1) 2.1 All necessary information shall be provided to the Building Official as
required by the City of Tustin. All necessary grading, demolition and
construction permits shall be obtained prior to construction.
(1) 2.2 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. This plan shall be
reviewed and approved prior to rough grading of the site.
(1) 2.3 A qualified paleontologist/archealogist, as appropriate shall be present
during grading operations. If resources are found, work shall stop in
the affected area and all resources shall be excavated or preserved as
deemed appropriate or as recommended by the paleontologist/archealogist
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 Development.
The paleontologist/archealogist shall attend the pregrade construction
meeting to ensure that this condition and necessary procedures in the
event of a "find" are explained.
(1) 2.4 All earthwork shall be performed in accordance wi th the City of Tustin
Municipal Codes and grading requirements.
PLAN SUBN II-[AL
3.1 At building plan check, submit three sets of construction level plans as
fol lows:
{3) A. Construction plans, structural calculations, and title 24 energy
calculations shall be submitted for all improvements. Requirements
Exhibit A
Resolution No. 2494
Page three
(3)
(3)
(3)
(6)
(6) *
(6) *
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.
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 field changes shall be made without corrections
submitted to and approved by the Community Development Department.
Ce
Final grading and specifications consistent with the site plan and
landscaping plans and prepared by a registered civil engineer for
approval of the Community Development Department.
De
A precise soils engineering report provided by a soils engineer
within the previous twelve {12) months.
Ee
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 and flood control
right-of-way, 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 new on-site fi re 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. All necessary permits and approvals shall be granted by the
Orange County Flood Control District prior to issuance of
building permit.
F. Note on plans that a qualified paleontologist/archealogist, as
appropriate shall be present during rough grading operations. If
resources are found, work shall stop in the affected area and all
resources shall be excavated or preserved as deemed appropriate or
as recommended by the paleontologist/archealologist subject to
review and approval by the Department of Public Works and Community
Exhibit A
Resolution No. 2494
Page four
(6)
(6)
(6)
Development. All "finds" shall be reported immediately to the
Department of Community Development.
The paleontologi st/archeal ogi st shal 1 attend the pregrade
construction meeting to ensure that this condition and necessary
procedures in the event of a "find" are explained.
0
The applicant shall comply with all requirements of the Orange
County Fire Marshall, 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.
H. 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 Fi re Marshall. The applicant shall al so submit
water improvement plans for approval of the Fire Marshal.
I. All required Orange County Fire Department signs shall be posted and
designed In accordance wi th the Orange County Fi re Department
requirements.
J. The access easement agreement facing Seventeenth Street shall be
abandoned prior to issuance of building permits.
NOISE
(1) 4.1 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 with the Noise Ordinance and the public health
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) 5.1 Prior to issuance of any building permits, payment shall be made of all
(6) required fees including:
A. Major thoroughfare and bridge fees to Tustin Public Works
Department.
Resolution No. 2494
Exhi bi t A
Page ftve
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Bullding plan check and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District.
SXTE AND BUZLDZNG COND]TZONS
(1) 6.1 All improvements, materials and colors shall remain as proposed on the
(4) approved plans, date stamped May 9, 1988 any changes shall be subject to
review and approval of the Director of Community Development Department.
All exterior treatments mu st be coordinated wi th regard to col or,
materials and detailing and noted on submitted construction plans and
elevations shall indicate all colors and materials to be used.
(1) 6.2 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) 6.3 All rooftop mechanical or electrical fixtures and equipment shall be
(4) screened from view and incorporated into overall design of buildings.
All telephone and electrical boxes must be indicated on the building
plans and shall be completely screened.
.... (1) 6.4 Submit detail for all on-site walls to be contructed by developer. Show
(4) type of wall cap and type of 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 with main building treatments.
(1) 6.5 Provide details on lighting scheme for project. Note final locations of
(3) all exterior lights and types of fixtures. Lighting fixtures shall be of
{4) ornamental design and shall be located or designed so to direct rays of
light so they do not shine on adjacent properties.
(4) 6.6 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) 6.7 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.
6.8 Note on plans that utilities serving site to be underground. Show all
Resolution No. 2494
Exhi bi t A
Page si x
above ground locations for meters, transformers, manifolds and details
for screening. Transformers shall not be permitted within setback areas.
6.9 An access agreement shall be secured with the easterly property owners
prior to removal of blocking posts at the easterly drive entrance.
(4) 6.10 Brick veneer elements shall be added to Buildings A and C to avoid blank
* building facades and to upgrade the appearance of the elevations. The
exact location and amount of detail to be added is subject to review and
approval of the Community Development Director.
(4) 6.11 All awnings shall be of matte canvas material. No awnings shall be
* underlit or illuminated in any fashion.
(4) 6.12 All signs shall be in accordance with the sign program provided by the
* applicant with the exception that the colors in the proposed color
palette shall be limited to a total of 6 colors with the deletion of
turquoise and pink and all accent trim is to be in the same color with no
outlining in an alternate color. Any major modifications to this program
shall require Planning Commission approval.
6.13 All freestanding signs shall provide the name and address of the center.
Address numerals shall be prominently displayed and be a minimum of 6" in
height.
6.14 Any on-site water well site provided by the Tustin Water Works shall be
subject to review and approval for review of site design and
architectural compatibility. All site design and architectural
provisions are subject to review and approval of the Community
Development Department.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEJNENTS
(7) 7.1 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.
(7) 7.2 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
acceptable.
Resolution No. 2494
Exhi bi t A
Page seven
b)
Provide a minimum of one 15 gallon size tree for every 30 feet of
property line on the property perimeter and five-5 gallon shrubs.
c) Berming shall be provided wherever possible.
d)
Provide a minimum of five (5) 24" box trees in northerly landscape
strip along 17th Street.
(7) 7.3 All newly planted trees shall be staked according to City standards.
(7) 7.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 8 feet on center when intended as screen planting.
(7) 7.5 Ground cover shall be planted between 8 to 12 inches on center.
(7) 7.6 When I gallon plant sizes are used the spacing may vary according to
materials used.
(7) 7.7 Up along fences and or walls and equipment areas provide landscaping
screening with shrubs, and or vines and trees on plan check drawings.
{7) 7.8 All plant materials shall be installed in a healthy vigorous condition
typical to the species.
(7) 7.9 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) 7.10 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.
7.11 The existing camphor tree shall remain on the project site unless a
licensed arborist determines the tree is diseased beyond repair subject
to review and approval of the Director of Community Development. All
efforts shall be taken as feasibly possible to protect the tree during
construction and after the project is completed. If the tree is
determined to be dead or diseased beyond repair, a substantial tree of a
similar species shall be replaced. The size and species of this
replacement tree shall be reviewed and approved by the Director of
Community Development prior to removal of the tree.
7.12 Indicate details, colors 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 integrated into exterior walkways.