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RESOLUTION NO. 2144
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 84-1
AUTHORIZING THE DEVELOPMENT OF A 6,796 SQUARE FOOT
SHOPPING CENTER WITH A PORTION OF THE PARKING LOT ON
AN R-4 LOT AND TO VARY FROM THE ARTERIAL HIGHWAY
SETBACK REQUIREMENTS AT THE NORTHEAST CORNER OF
MCFADDEN AVENUE AND NEWPORT AVENUE
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. 84-1) has
been filed on behalf of Shelton Construction Company
requesting authorization to construct a 6,795 square
foot shopping center, to vary from arterial highway
setback requirements and to utilize a lot zoned R-4
(suburban residential) for a parking lot.
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 as
evidenced by the following findings:
1. The use is in conformance with the provisions of lthe
Tusttn Area General Plan and the City Zoning Code.
2. That the portion of the project that is zoned R-4
shall be changed to a more appropriate commercial
desi gnarl on.
3. That because of the unusual shape of the property as
well as the unusual configuration of the intersection
of McFadden Avenue and Newport Avenue, granting of a
variance from the arterial highway setback
requirements is justified and does not constitute a
grant of special priviledge inconsistent with other
properties in the vicinity of the Retail Commercial
(C-1) District.
D. That 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. '~14 4
Page 2
II.
E. 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
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. A Negative Declaration has been applied for in
conformance with the requirements of the California
Environmental Quality Act.
G. Final development plans shall require the review and
approval of the Community Development Department.
The Planning Commission hereby approves Use Permit 84-1
to authorize the construction of a 6,795 square foot
shopping center; a variance from the arterial setback
requirements to permit a structure to be constructed
within the setback area, and use a portion of the lot
currently zoned R-4 as a parking lot.
A. An automatic alarm system monitored by a UL listed
central alarm station shall be provided.
B. Fire hydrants shall be provided depending on existing
locations and fire flow capabilities, as determined
by the Orange County Fire Marshal.
C. A grading plan prepared by a state registered Civil
Engineer shall be submitted to the Building Division
for review and approval.
O. The applicant shall approve of a City initiated zone
change for the parcel of land currently zoned R-4.
E. A final grading plan is required and all public
improvements shall be shown on the final site plan
and grading plan and must be referenced with
applicable City Standard Drawing Numbers. All
utilities, fire hydrants, water meter, curbs,
sidewalks, etc. that would affect proposed
construction must be shown on the final site plan.
F. The dedication of an additional ten-foot-wide strip
of land adjacent to Newport Avenue or the execution
of an Irrevocable Offer of Dedication for same will
be requi red.
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Resolution No,,~14 4
Page 3
G. Payment of East Orange County Water District fees
will be required at the ti me a building permit is
issued.
H. That a covenant shall be recorded prior to the
issuance of a building permit which ties the two
parcels together or parcels shall be joined by a
recorded parcel map.
I. Continuous 6" concrete curbs shall be provided
between landscape planters and parking spaces and
drive aisles.
d. All rqof equipment and vents must be screened from
view.
K. Landscape plans are required which shall include a
planting plan and a complete irrigation plan which
should indicate the following:
1. point of connection;
2. back flow prevention devi ce(s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types and locations.
L. Separate permits are required for plumbing,
electrical, grading, signing and any work performed
within the public right-of-way.
M. All work performed'within the public right-of-wa),
will require a permit from the City of Tustin
Engineering Department.
N. Motorists shall be informed of the following
restrictions by the use of on-site signing:
1.) "right-turn/no left" turn egress from site
O. The City Engineer is requested to initiate the
appropriate procedures to provide the following
traffic control measures:
1.) The installation of a double-double yellow line
in the area of McFadden Avenue which fronts on
the pro ject.
PASSED AND ADOPTED at a regular meetin~gyof, the Tustin Planning
Commission held on the 27th day of February, 1984.
Jafi&t Hester
Recording Secretary
Jan~es B. Sharp, Chat?man
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~/5/~-y/ was duly
passed and adopted at a regular meeting~o~ the~Tustin Planning
Commission, held on the ~? _ day of
,/
Tusttn Planning Commission Secretary