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HomeMy WebLinkAboutPC RES 2464 8 9 10 11 12 13 14 15 l? 21 23 25 2~ RESOLUTION NO. 2464 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-37, CUP 87-30 AND VARIANCE 87-06 FOR A MIXED-USE COMMERCIAL DEVELOPMENT ON 78+ ACRES IN SECTOR 12 OF THE EAST TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as fol Iows- I. The Planning Commission finds and determines as follows: Ao Proper applications (Design Review 87-37, CUP 87-30 and Variance 87-06), were filed by Donahue Schriber, representing The Irvine Company, requesting approval of: a 78+ acre mixed-use commercial center; a CUP for 13 towers greater t-~an 50 feet in height; and Variances for 3 building elements higher than 35 feet within 300 feet of the centerline of Bryan Avenue and to place lighting fixtures higher than 35 feet above grade, pursuant to the East Tustin Specific Plan. B. A public hearing was duly called, noticed and held on said applications on January 11, 1988. C. Pursuant to Section 9272 of the Tusttn Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Hetght, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. g Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 1 3 4 7 8 9 10 11 1 1.5 1(; 17 18 19 21 22 23 24 25 27 28 Resolution No. 2464 Page two De 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. Pursuant to Section 9292 of the Tustin Municipal Code, the Commission makes the following findings on the proposed variance for portions of buildings greater than 35 feet within 300 feet of the center line of Bryan Avenue. 1. There are unusual and exceptional circumstances pertaining to the size and location of the subject property which do not pertain to other properties in this Specific Plan district in that the site's size and proximity to the I-5 Freeway have dictated a unique and distinctive design approach, which incorporates these building roof tower elements to minimize placement of signs on building walls and more importantly, provide a focal point for the tenants which will be visible across much of the expansive project area. 2. Said variance is necessary for the preservation of a substantial property right, which right is enjoyed elsewhere on the project site (on other parcels): in that the three (3) subject roof towers will provide the respective tenants with the same si gnage rights as will be enjoyed by other major tenants within the same project (on other parcels). 3. Granting of this variance will not be materially detrimental to surrounding properties in that the three (3) 50 foot high subject roof towers are located a minimum of 230 feet from the center line of Bryan Avenue, are separated by a minimum of 240 feet from each other, and will be screened by the landscape screening along Bryan Avenue. 4. That the granting of this variance is not contrary to the provisions of the East Tustin Specific Plan; in that these three {3) 50 foot high roof towers are not immediately adjacent to Bryan Avenue, and would maintain architectural continuity, encouraged by said Specific Plan. 1 3 4 6 7 8 9 10 11 13 14 15 16 17 19 ~3 24 25 ~6 ~7 28 Resolution No. 2464 Page three E. Pursuant to Section 9292 of the Tustin Municipal Code, the Commission makes the following findings on the proposed variance for the placement of lighting fixtures greater than 35 feet above grade: 1. There are unusual and exceptional circumstances pertaining to the size of the subject property which do not pertain to other commercial properties in this Specific Plan; in that there are no other commercial properties in the Specific Plan which encompass the same amount of acreage as the subject property, whose large size and resulting expansive parking areas would require a "forest" of 35 foot light poles which could result in significant, cumulative glare; whereas eight (8) 90 foot towers with focusable light fixtures will minimize light sources, and shall be turned off within one (1) hour of closing of the last tenant in the respective section of the project. 2. Said variance is necessary for the preservation of a substantial property right, which right is enjoyed by other commercial properties in this Specific Plan; in that other commercial properties will be encouraged to minimize light sources to reduce potential impacts associated with glare from parking lot light fixtures. 3. The granting of this variance will not be materially detrimental to surrounding properties in that the use of eight {8) light towers with focusable light fixtures will further reduce the potential of glare impact (by minimizing light sources) rather than hundreds of 35 foot light fixtures. 4. The granting of this variance is not contrary to the East Tustin Specific Plan in that the use of the light towers will be more compatible with surrounding residential uses due to the minimization of light sources and resulting reduction in potential glare. F. Pursuant to Section 9291 of the Tustin Municipal Code, the Commission finds on the Conditional Use Permit for tower structures greater than 50 feet i n height, that the establishment, maintenance and operation of the proposed towers will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the general area nor will it be injurious or detrimental to the property or general welfare of the City of Tustin, as evidenced by the following findings' 1 3 4 5 6 7 8 9 10 11 12 13 14 15 17 24 ~5 28 Resolution No. 2464 Page four 1. Said towers will provide much needed verticle relief to the project. 2. The 90 foot towers will allow for the concentration of parking lot lighting sources, thereby reducing potential glare. 3. The 70 foot towers will make a distinction between the entertainment center and the rest of the development. 4. Both the 90 and 70 foot sculptural towers will make a statement as to the uniqueness of the "Tustin Market Place". 5. Towers shall be designed and constructed to all applicable building codes to assure their structural integrity. Go Pursuant to the findings contained in Resolution No. 2463 (incorporated herein by reference) pertaining to the California Environmental Quality Act, the project is exempt from further environmental documentation. II. The Planning Commission hereby conditionally approves' X. Design Review 87-37, permitting the development of a 78+ acre mixed-use commercial center, subject to the conditions contained in Exhibit "A", attached hereto and incorporated herein by reference. Be Conditional Use Permit 87-30, permitting eight (8) 90 foot high lighting towers for the parking areas of the hard and soft goods sections of the project, and five {5) 70 foot towers to be located in the "Grove" or entertainment center of the project, to exceed the 50 foot height limit set forth in the East Tustin Specific Plan subject to the conditions contained in Exhibit "B", attached hereto and incorporated herein by reference. Ce Variance 87-06, permitting: 1) three (3) 50 foot high building roof towers within 300 feet of the centerline of Bryan avenue, and 2) the placement of 90 foot high parking lot lights for the hard and soft goods sections of the project; which exceed the respective 35 foot height limits for each as set forth in the 1 2 3 4 5 6 8 9 Reso]utlon No. 2464 Page fi ve East Tustin Specific Plan, subject to the conditions contained in Exhibit "C", attached hereto and incorporated herein by reference. 12 13 14 15 16 17 lg 19 2O 21 22 23 24 25 26 PASSED AND ADOPTED.aS a regular meeting of the Planning Commission, held on the 11th day of January, 1988 Kathy ~eV~ Chairman Penni Foley Secretary EXHIBIT A DESIGN REVIEW 87-37 CONDITIONS OF APPROVAL RESOLUTION NO. 2464 January 11, 1987 1. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project dated January 11, 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 any building permit for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall be become null and void unless building permits ** for Phases I, II, and III are issued within thirty-six (36) months of the date on this Exhibit. (5) 1.4 Uses or activities requiring separate use permits pursuant to the provisions ** of the East Tustin Specific Plan and the Tustin Municipal Code (i.e., take out or drive-thru facilities, night clubs, service stations, etc.) shall obtain such prior to the issuance of building permits or certificates of occupancy for said uses as applicable. PLAN SUBMITTAL 2.1 At building plan check the applicant shall submit: (3) A. Construction plans, structural calculations, and Title 24 energy calculations complying with the requirements of the Uniform Building Codes, State Handicap and Energy Requirements as approved by the Building Official. (2) (3) B. 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 Building Official. (2) (3) C. 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. (2) (3) D. A Precise soils engineering report provided by a soils engineer within the previous twelve (12) months. SOURCE CODES (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Resolution No. 2464 Page two (1) (2) (6) ~m m ( 2) (6) Ee Fe Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements including but not limited to conditions contained in Resolution No. 2465. Information to ensure con~liance with all requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and Irvine Ranch Water District and compliance with all requirements pertaining to construction. (1) 2.2 Applicant will be permitted to obtain building permits for Phase I ** construction prior to approval of Final Map 13274, provided all building code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. 3. SITE AND BUILDING CONDITIONS (1) 3.1 The architectural design materials and textures of all buildings for Phases I, {4) II and III shall be in substantial conformance with that design indicated on ** the plans dated 11-11-87 Guidelines and the "Tustin Market Place Architectural"and all of the provisions contained therein as reviewed by the Planning Commission. All final building designs and details shall be subject to review and approval by the Director of Community Development. (4) 3.2 Building colors for Phases I, II and III (base and accent) shall adhere to those "hues" displayed on the col or board on file wi th the Community Development Department and displayed at the January 11, 1988 Planning Commission meeting. Final selection of a specific color within the permitted "hues" shall be the responsibility of the applicant; however, the Director of Community Development shall review colors in the field to verify adherence to the approved "hues". Deviation from the approved "hues" shall require prior approval of the Planning Commission. (3) (4) (~) (1) 3.3 A master sign program shall be submitted for review and approval by the Planning Commission prior to issuance of certificates of occupancy for Phase I. Said sign program shall address locations and sizes of: temporary signage, permanent project identification signage {including entrance monolithes), tenant identification, building addresses, tenant directory signs and vehicle, bicycle and pedestrian directory signs. Said sign program shall also include a schedule of materials, colors, letter styles, methods of attachment/mounting and methods of illumination. Said sign program shall also be subject to review by the Tustin Police Department, Orange County Fire Department and Community Development Department., {4) 3.4 The proposed painted white aluminum sign panel for tenant signage shall be located behind the drip-line of the buildings. ',e so l u ti on No. 2464 1xhi bi t A ~age three :4) ~6) r'A' 3.5 The site plan shall be revised to reflect all changes required herein, by Resolution No. 2465 or by the Planning Commission; including but not limited to: widening E1 Camino Real to a 90' right-of-way where applicable, widening the Bryan Avenue landscape strip to 30', widening the Myford Road right-of-way for the overpass where applicable and the dimension of the outer loop drive shall be corrected to reflect the actual width of 28'. 1) 3.6 Indicate the location of all refuse enclosures on the site plan. Such shall 4) conform to the design details contained in the "Tustin Market Place 15) Architectural Guidelines". 3.? All exposed window frames shall be of a color compatible with the base color of the building subject to review and approval of the Department of Community Development. 1) 3.8 All truck doors and man doors at rear or sides of buildings shall be painted 4)(5) ** to match the base color of the buildings. 1) 3.g All electrical transformers shall be located at the rear of buildings and 4)(5) ** shall be screened with landscaping where necessary. All mechanical and electrical equipment shall be adequately screened. All parapets shall be at least six inches above roof top equipment. 1) 3.10 No exterior components of plumbing, drainage or mechanical systems shall be 4) exposed on any building wall. Overflow pipes that empty above grade are 15) permitted so long as drain pipe is concealed inside building and only the end ~* of the pipe through the wall is visible. 1) 3.11 All roof-mounted equipment shall be screened by the building parapet; no 4) separate "top hat" roof screen enclosures shall be permitted, pursuant to the 5) typical detail contained in the "Tustin Market Place Architectural :* Gui del i nes". 1) 3.12 All merchandise loading or delivery activities shall occur at the rear or 4) sides of buildings, shielded from public view wherever possible. "Front door ~* loading" shall be prohibited. 4) 3.13 All customer pick-up and loading areas shall be located and designed so as to °* avoid conflicting with vehiclular and pedestrian circulation and to be aesthetically attractive subject to final approval of Community Development Department. 1) 3.14 Vehicular directional arrows for all streets and roadways in the project shall 4) be provided pursuant to the standards and requirements of the Public Works 6) ** Department. 4) 3.15 No outdoor storage or open pallet storage shall be permitted on the site. Any '* pallet storage areas shall be completely screened by an enclosure. 4) 3.16 No corrugated roll-up doors shall be permitted at any front elevation of a * bui 1 ding. Resolution No. 2464 Exhi bi t A Page four (4) 3.17 Shopping cart storage areas shall be provided inside any proposed building ** and specific outdoor areas, where appropriate, provided for temporary cart storage. Such outdoor areas shall be readily accessible to major parking .... areas with actual design and location subject to review and approval of the Department of Community Development. ,4) 3.18 Provide pedestrian canopies compatible with building architecture for all ** major tenant storefronts. In the hard goods section, pedestrian canopies for major tenants do not necessarily have to connect with canopies provided for smaller tenants. Areas under canopies for smaller tenants in the hardgoods section shall be a minimum of two feet of pedestrian area clear of obstruction. Plans for said canopies shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for Phase I. (4) 3.19 Space frame structures or devices which are exposed and/or visible outside of ** the building dripline shall be prohibited. (1) 3.20 The site plan shall be submitted to the Orange County Transit District for (2)(4) review and incorporation of any required bus terminus turnouts and subject to (6) ** approval of City Engineer as to need and location. {1) 3.21 Provide detail for all on-site walls. Show type of wall cap and type of color {4) ** and exterior materials which shall be consistent with main building materials. LANDSCAPTNG, GROUNDS AND HARDSCAPE ELEMENTS ~7) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted Landscaping and Irrigation Submittal Requirements and the submitted concept landcaping plan on file with the Community Development Department and dated January 11, 1988. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table shall list botantical and common names, sizes, spacing, actual location and quantity 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 shall be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. These plans shall also identify the type and location of all public amenities {refuse containers, benches, fountains, bicycle racks, kiosks, etc.) paving materials and treatments for parking lots, sidewalks, crosswalks, etc. and other miscellaneous hardscape items. Exhibit A Resolution No. 2464 Page fi ve (4) 4.2 The use of decorative paving techinques such as colored surfacing is ** encouraged on roadways and particularly along walkways. (4) 4.3 Provide detailed surfacing, color and texture information on the Auto Square ** and address and resolve maintenance concerns subject to review and approval of the Department of Community Development. (7) 4.4 The submitted landscaping plans at plan check shall reflect the following requirements. Ae Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planning. B. Ground cover shall be planted between 8 to 12 inches on center. C. When 1 igallon plant sizes are used the spacing may vary according to materials used. De Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. The use of vine materials such as Bougainvillea used elsewhere in East Tustin shall be encouraged. E. All plant materials shall be installed in a healthy vigorous condition typical to the species and 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 disease or dead plants. F. In irrigation areas controller to be enclosed in lockable housing. Design irrigation systems to provide sufficient coverage of avoiding water overspray on buildings and sidewalks. Note of this requirement to be on plan check drawings. (1) 4.5 Provide details on lighting scheme for project (including pedestrian and security lighting). Note final locations of all exterior lights and types of (4) fixtures. Lights to be installed shall have a decorative design. No lights shall be permitted to create any glare or have a negative impact on adjoining properties. The location and types of lighting shall be subject to approval of Community Development Director and of the Tustin Police Department. EXHIBIT B RESOLUTION NO. 2464 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERI, IT NO. 87-30 ** 1. Compliance with all conditions contained in Sections 1 and 2 on Exhibit A of Resolution No. 2464. ** 2. A maximum of eight (8), towers not to exceed 90 feet in height, shall be permitted in the parking lots of the hard and soft goods sections of the project. ** 3. A maximum of five (5), towers not to exceed 70 feet in height shall be permitted in the "Grove" or entertainment village of the project. ** 4. The locations of all 13 towers shall be substantially the same as shown on the submitted site plan dated November 11, 1987. Minor adjustments may be made subject to the approval of the Director of Community Development. ** 5. The color of said towers shall be an off-white. ** 6. A blue gas light laser shall be permitted at the top of the four {4) towers located at the corners of the "Grove", and may connect said four {4) towers to "outline" this section of the project. EXHIBIT C RESOLUTION NO. 2464 CONDITIONS OF APPROVAL FOR VARIANCE 87-06 GENERAL (1) e ** 2.1 ** 2.2 o ** 3.2 ** 3.3 ** 3.4 Compliance with all conditions contained in Sections 1 and 2 on Exhibit A of Resolution No. 2464. BUILDING ROOF TOWERS A maximum of three (3) building roof tower elements, as illustrated on the elevations contained in the submitted plans dated January 11, 1988, shall be permitted to a maximum height of 50 feet above grade within 300 feet of the centerline of Bryan Avenue. The location and dimension of said towers shall be substantially the same as shown on the site plan, dated January 11, 1988. Minor modifications may be permitted subject to the approval of the Director of Community Development. LIGHT FIXTURES Parking lot light fixtures (focusable sport floods) shall be permitted to be installed at the top of the eight (8), 90 foot high towers located in the parking lot of the hard and soft goods sections of the project. Said lights shall be turned off no later than one (1) hour after closing of the last business in either the hard or soft goods sections of the project. The applicant shall submit a plan to provide security lighting in said parking areas following the shut-off of the tower lighting prior to issuance of building permits for Phase I. Spill lighting shall be controlled by optical cut-off shielding, directional and vertical aiming methods. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that ! am the Recording Secretary of the P!)nn~ng Commission of the City of Tustin California; that Resolution No. ~-/~ was duly passed and adopted at a 'regular meeting of the Tustin Plannthg Commission, held on the //h~. day of <~~_~.~y.. , PENNI FOLEY ~ Recording Secretary