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RESOLUTION NO. 2265
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE PERMIT 85-19 AND
VARIANCE 85-6 AUTHORIZING THE DEVELOPMENT OF AN
APPROXIMATE 3800 SQUARE FOOT RETAIL CENTER AT THE
NORTHEASTERLY CORNER OF MCFADDEN AVENUE AND "B" STREET
The Planning Commission of the City of Tustin does hereby resolve as
follows-
I. The Planning Commission finds and determines as follows'
A. That a proper application, (Use Permit No. 85-19 and Variance
85-6) has been filed by Polsky & Hirsch requesting authorization
to develop an approximate 3800 square foot retail center at the
northeasterly corner of McFadden Avenue and "B" Street while
varying with the requirements of the front yard set-back.
That a public hearing was duly called, noticed and held on said
application.
C. That establishment, maintenance, and operation of the use
applied for will not, under the circumstances of this case,
be detrimental to the heal th, safety, morals, comfort, or
general welfare of the persons residing or working tn the
neighborhood of such proposed use, evidenced, by the following
findings:
1. The proposed project is In conformance wi th the Zoning
Ordinance and the Tustin Area General Plan.
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 nAighborhood of the subject
property, nor to the general welfare/ of the City of Tustin, and
should be granted. /
!
Proposed development shall be in accordance with the development
policies adopted by the'City Council, Uniform Building Codes as
administered by the Building Official, Fire Code as administered
by the Orange County Fi re Marshal and street improvement
requirements as administered by the City Engineer.
F. A Negative Declaration has been applied for and is hereby
approved to conform with the California Environmental Quality
Act.
Ge
Final development plans shall require the review and approval of
the Community Development Department.
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Resolution No. 2265
page two
H. The Planning Commission further finds pursuant to Section 9292
of the Tusttn City Code that the variances as applied for, shall
not constitute a grant of special privilege inconsistent with
the limitations upon other properties 'in the vicinity and
district in which the subject property is situated and that
because of special circumstances applicable to the subject
property, the strict application of the zoning ordinance is
found to deprive subject property of privileges enjoyed by
others in the vicinity and under identical zone classification.
II. The Planning Commission hereby approves Conditional Use Permit
No.85-1g and Variance 85-6 to authorize the development of a retail
center at the northeasterly corner of McFadden Avenue and "B" Street
subject to the conditions listed in Exhibit "A".
_r~egul r erin ~f the.Tustin Planning Commission,
·
9th day of September, 1985
DONNA ORR,
Recording Secretary
KATHY WE I t~
Chairman
CONDITIONS OF APPROVAL
USE PERNI;T 85-19
EXHIBIT 'A"
1. Continuous 6" concrete curbs shall be provided between landscape
planters and parking spaces and drive aisles.
2. All roof equipment and vents must be screened from vtew.
®
Landscape plans are required which shall include a planting plan and a
complete irrigation plan which should indicate the following'
me
point of connection
back flow prevention device(s)
locati on and types of valves
location and sizes of piping
sprinkler head types and locati ons
4. Separate permits are required for plumbing, electrical, grading,
si gntng and any work performed within the public right-of-way.
5. All work performed within the public right-of-way will require a
permit from the city of Tustin Engineering Department.
6. A master sign plan shall be submitted showing brown cabinets with tan
backgrounds.
7. A civil plan depicting all work within the public right-of-way shall
be provided and referenced to all applicable city standard drawings.
This plan shall be a separate drawing and show all proposed
improvement including but not limited to the following:
ae
curb and gutter removal/replacement
sidewalk removal/replacement
dri ye aprons
domestic water service location
sanitary sewerl lateral connections
street lights
street trees
fi re hydrants
8. A final grading plan based upon benchmark datum of the Orange County
Surveyor's office will be required. This plan should show all key
finish elevations on the site as well as existing elevations of
adjacent properties.
g. The driveways as shown do not conform to city standards, either Std.
108 B or 108 E should be utilized. In the event the radius type drive
is utilized an additional dedication will be required.
10. Left turn ingress to the sight and egress from the site will not be
allowed from the driveway fronting on McFadden Avenue. Right turns
only will be permitted. Also, a double double yellow line shall be
installed on McFadden Avenue from Newport Avenue westerly to "B"
Street.
,, Community Development Department
Condt ttons of Approval
page two
11. East Orange County District fees will be required to be paid at the
time a building permit is issued. Contact Earl Rowenhorst at Tustin
Water Service for fee amounts.
12. Orange 'County Sanitation District No. 7 sewer connection fees will be
required to be paid at the time a building permit is issued. Fee
amounts are $50.00/1,0-00 sq. ft. of building area less any previously
paid_ fees for the residential use.
13. The existing water meter should be relocated outside the driveway
I imi ts.
14. Street lights may be required along McFadden Avenue. To obtain a
street light layout please submit three prints of the site plan to
So. Calif. Edison Co. (Archie Berry).
15. The trash container enclosure shall be constructed of a minimum
six-foot (6') high concrete block wall (to match the center) with
solid gates to block the view of trash bins.
16. In the event the city has established an Eastern Corridor Fee Program
at the time a building permit is issued, this development will be
required to pay the established fees.
17. Fire hydrants shall be provided depending on existing locations and
fire flow capabilities, as determined by the Orange County Fire
Marshal..
18. Wheelchair and handicap access shall be installed on-site and off-site
in accordance with the State of California and city of Tusttn Building
Department standards.
19. On-site security lighting shall be arranged so that direct rays will
not shine on adjacent properties or produce glare for street traffic.
All roof-mounted equipment, such as heating and air conditioning
units, shall be completely screened from public view by
architecturally con~attble screening material, subject to the approval
of city staff.
20. The dedication of an additional ten foot wide strip of land adjacent
to McFadden Avenue or the execution of an Irrevocable Offer of
Dedication for same will be required.
Community Development Department
STATE OF CALIF'ORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, DONNA ORR, the undersigned, hereby cer%ify th&: I am :he Recording
Secrei~r~ of the Planning Commisst~rJ.~Of_the City of Tus~in;
California; ~t Resolution ~o. ~~was duly passed ~nd ~dopte~A%
a regul~r/,~et~ of ,the Turin Planning Comission, held on the <Y~
/
'DONNA ORR
Recording Secretar7