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HomeMy WebLinkAboutPC RES 22291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 ~6 27 28 RESOLUTION NO. 2229 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING USE PERMIT NO. 85-9 AUTHORIZING THE CONSTRUCTION OF + 91,000 SQUARE FOOT RETAIL SHOPPING CENTER AND THE CONSTRUCTION OF A + 46,000 SOUARE FOOT OFFICE COMPLEX ON THE VACANT PROPERTIES ~RONTING ON THE WESTERLY SIDE OF NEWPORT .AVENUE BETWEEN MAIN STREET AND EL CAMINO REAL. The Planning Coimmission 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. 85-9) has been filed by Carver Development requesting authorization to develop a + 91,000 square foot retail shopping center and a + 46,000 square foot office complex on the properties fronting o-n the westerly side of Newport Avenue between Main Street and E1 Camino Real. B. 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 health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: · That retail and office uses are consistant with the Tustin Area General Plan land use designation for commercial uses. 2. That retail and office uses are consistant with the Planned Community Commercial District zoning designations subject to approval of a Conditional Use Permit incorporating a precise development plan. · That a conditional use permit application with a precise development plan has been submitted. · That an initial study addressing potential adverse environmental impacts has been prepared and concludes that the construction of the project as proposed will not adversely impact the environment. A Negative Declaration of Environmental Impact has been applied for. De That the established, 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 as evidenced by compliance with the City's Zoning and ,~evelopment standards. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2229 Page two E® Fo 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. A Negative Declaration of environmental impact is hereby approved in accordance with the California Environmental Ouality Act. ' II. The Planning Commission hereby approves Use Permit ~kpplication No. 85-9 authorizing the development of a + 91,000 square foot retail shopping center and a + 46,000 square-foot office complex on the properties fronting on t--he westerly side of Newport Avenue between Main Street and E1 Camino Real subject to the following conditions" A® The subject project is hereby approved subject to all of the conditions contained in "Exhibit A, Conditions of Approval, Use Permit 85-9, Resolution No. 2229" attached hereto. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the 10th day of June, 1985. Recording Secretary RONALD H. WHITE Chairman JSD'pef Exhibit "A" Conditions of Approval Use Permit 85-9 Resolution 2229 1. All final building elevations shall be subject to review and approval of the Planning Commission including elevations of buildings numbered I and 2. In any event, all roof top equipment must be screened from view by parapet walls. 2. All final details of corner plaza designs are subject to review and approval of the Director of Community Development. 3. Along the westerly property lines of the project a 6'8" high, 6" wide block wall shall be constructed. An opening in said wall shall be created for pedestrian access from the senior citizen housing project located at 275 6th Street onto the retail portion of the project. Further, the applicant shall grant to adjoining property owners the right to remove the wall at such time their properties are redeveloped. This removal shall be subject to approval by the Community Development Director. The expense of the wall removal shall be borne by the adjoining property owner. e An agreement shall be executed and submitted to the City stating that the owner of this project shall maintain all landscaping located within the public right-of-way and along the bike trail. 5. The landscape area along Newport Avenue shall be at least 10 feet in width. o The developer shall provide a 30 foot wide easement at the Newport Avenue ingress/egress point to the office project, continuing from the front property line to the rear property line. The easement shall be granted in favor of the city and assignable to adjoining property owners providing access rights to Newport Avenue. ® The notation on the site plan for the office project stating "Owner reserves the right to close off parking entry" shall be deleted , and mutual access and parking rights maintained. 8, The final site plan shall be standardized and reflect all appropriate City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said developmenmt per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist of, but not limited to: curbs and gutters, sidewalks, drive apron, street pavement, street trees and marbvelite street lights with underground conduit. , Continuous 6" concrete curbs shall be provided along landscape planters adjacent to parking spaces and drive aisles. Resolution No. 2229 Exhibit "A" Page two 10. An irrigation plan shall be submitted to the Community Development Department for review and approval prior to installation of any irrigation system. Said plan shall include location and description of the following: a® point of connection; back fl ow prevention device(s); location and types of valves location and sizes of piping; sprinkler head types, locations and manufacturer model; automatic sprinkler controlle'r location and specifications. 11. A grading plan based on the Orange County Surveyor's bench mark datum shall be submitted for review and approval. 12. The size and location of the water service and sanitary sewer lateral shall be shown on final site plan. 13. The proposed decorative pavement at all the driveway entrances and street intersections should be designated. Embossed or stamped concrete types are not acceptable within the areas of public right-of-way. Interlocking pavers constructed to city standards be utilized. 14. The bike trail/path along Newport Avenue shall be minimum width of 10.0 feet, as is the current trail and that one located northerly of Main Street. The bike trail/path must be built to city standards with appropriate signing, striping and pavement markings. There shall be no right angle offsets within the bike trail as shown on attached plan. Any landscaping along the bike trail must be maintained so as not to exceed 30 inches in height from sidewalk level. 15. The bollards, as placed along Newport Avenue, could be a hazard for the bicyclist. Therefore bollards must be relocated. 16. Whenever a five foot wide sidewalk is utilized adjacent to the curb, all street lights, signs, fire hydrants and other above ground utilities must be located behind the sidewalk area. 17. All on-site trees must be located so as not to interfere with the proposed street light system. 18. Public improvements will be required along the Main Street, Newport Avenue and 6th Street frontages and will include but not be limited to the fol lowing: a® Street paving Curb and gutter Sidewalks Bike trail, paving, signing and striping Traffic signal installation (50%) at 6th/Newport Resolution No. 2229 Exhibit "A" Page three fe g. h. i. j. k. Driveway construction Marbelite street lights with underground conduit Domestic and fire service systems Connection of all structures to sanitary sewer system Street trees as required Storm drain extensions as required 19. Dedication of all required right-of-way for Main Street widening, Newport Avenue widening and the Newport Avenue bike trail. 20. Enlargement of curb return radius at Newport/Main at southwesterly corner is required. 21. Payment of following fees is required at the time the initial building permit is issued: ao County Sanitation District No. 7 sewer connection fee based upon $50.00/1,000 square feet of building area and any front footage fee for connection to a County Sanitation District sewer (if requi red ). bo East Orange County Water District fee. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. 22. Prior to approval of the subject project, the developer shall enter into an agreement with the City of Tustin for participation in a fee program (if adopted by the Tustin City Council) for implementation of the Eastern/Foothill Transportation Corridor. Said agreement shall provide that: ae The fee shall not exceed that amount as established hy the nine participating agencies within the Area of Benefit. Subdivider's obligation to pay fee would only commence after the city establishes a fee program but not prior to issuance of building permits. Ce Subdivider's obligation to pay fee would cease if the fee program were not established within three years of the issuance of building permits. de Subdivider shall furnish surety bond or money to assure payment of said fees. 23. The area of land northerly of Sixth Street is comprised of three parcels per the assessor's office maps and the area southerly of Sixth Street is comprised of two parcels. Either a Covenant and Agreement to hold all parcels of land as one must be filed or a Parcel Map should be filed on each area northerly and southerly of Sixth Street. --- Resolution No. 2229 Exhibit "A" Page four 24. All utilities serving the subject property shall be required to be underground. 25. The final approved site plan, square footages, and public improvements are hereby incorporated into the Development Plan for the subject property. The final Resolution of Approval for Use Permit 85-9 shall adopt said plan and shall include the following guidelines: ae All land uses located within the project shall comply with the permitted uses established in Section 9235 et seq. of the Tustin City Code. b~ One hundred percent (100%) of the square footage within buildings 11 and 12 shown on the approved site plan may be occupied by office uses. However, the first floor may also be utilized by retail users. Ce Buildings 4 through 10 on the approved site plan are to be occupied by retail commercial businesses only. Buildings 2 and 3 shall be limited to single-tenant restaurant uses. Building I is strongly encouraged to be a single tenant. de A minimum of 75% of leaseable area in the retail portion of the project shall be required to be occupied by retail users. ee A master sign plan shall be submitted for review and approval of the Planning Commission. 26. Building permits for the office portion of the project may only be issued subsequent to, or concurrently with, building permits for the retail portions of the project. This condition does not include that permits for buildings I and 2 be issued prior to permit issuance for the office buildings. 27. Benches or other seating areas shall be provided on the site plan and situated in plaza areas. JSD:pef STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, DONNA ORR, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission o~the City of Tustin, California; that Resolution No.~x~.~was duly passed and adopted at a regular m~eting of the Tust~n~nning Commission, held on the day of ~C~-~q~--- , 19 ~"DON'~rA ORR - Recording Secretary