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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.
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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.
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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'
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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
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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.
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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)
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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)
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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