HomeMy WebLinkAbout01 T.T. MAP 14914 07-05-94 ITEM NO. 1
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DATE: JULY 5, 1994
TO:
FROM:
SUBJECt
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
VESTING TENTATIVE TRACT HAP 14914 (NEWPORT CAMINO PLAZA, LTD.)
RECOMMENDATION
It is recommended that the City Council take the following actions:
Certify the Negative Declaration as adequate for the project
by adopting Resolution No. 94-75; and
Approve Vesting Tentative Tract Map by adopting Resolution No.
94-76, as submitted or revised.
FISCAL IMPACT
This project is an applicant initiated project. The applicant has
paid application fees to recover the cost of processing this
application. In addition, it is anticipated that the applicant
would be requesting in the future that the Redevelopment Agency
enter into a Reimbursement Agreement to financially assist in the
undergrounding of overhead utilities in the alley to the north of
this property.
BACKGROUND
The applicant proposes to subdivide a 1.92 acre site into 2
numbered lots to accommodate an approximate 18,000 square foot
retail shopping center. On June 13, 1994, the Planning Commission
reviewed the project and adopted Resolution Nos. 3279 and 3280
approving Design Review 94-005 and Conditional Use Permit 94-003,
and recommending appro%al to the City Council of Tentative Tract
Map 14914 (Attachment A). The Conditional Uss Permit which the
Planning Commission approved would specifically:
Authorize the establishment of a drive-thru restaurant
(Rally's Hamburgers) in Building C, including outdoor seating,
pursuant to City Code Section 9235c(m);
2 o
Authorize the establishment of a pet store (Petco) in Building
A, pursuant to City Code Section 9235c(u); and
city Council Report
VTT 14914
July 5, 1994
Page 2
Establish a Master Sign Plan for the project which deviates
from the specific standards for business identification
pursuant to City Code Section 9403h2(e).
The subject project is located within the Town Center Redevelopment
Project Area which required Design Review approval by the Zoning
Administrator. Since the Design Review application included a
specific site plan and architecture design directly related to a
number of significant discretionary actions, the Zoning
Administrator referred the Design Review to the Planning Commission
for consideration pursuant to City Code Section 9299b.
The project site is located on the northeast corner of Newport
Avenue and E1 Camino Real and is currently vacant. Surrounding
uses to the site include a service station and multiple family
residential across the alley to the north, multiple family
residential to the east, vacant property and commercial uses across
E1 Camino Real to the south, and office uses to the west across
Newport Avenue (see location map).
Development of the subject lot was previously approved with Design
Review 87-33 in 1988, when L.A. Land Company proposed development
of an approximate 25,000 square foot retail shopping center.
Development of the property never commenced and the Design Review
approval has expired.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site, at City
Hall and the Police Department. The applicant was informed of the
availability of a staff report on this project.
PROJECT DESCRIPTION/SITE PLAN
Submitted development p~ans for the project propose construction of
an approximate 18,000 square foot retail center. The center would
include three separate buildings. A tentative tract map is pro-
posed to consolidate the existing four'properties and re-subdivide
the site into two (2) lots. Buildings A and B would be located on
the larger 1.48 acre Lot 1. Building C would be located on the
smaller .44 acre Lot 2.
City Council Report
VTT 14914
July 5, 1994
Page 3
Building A is proposed to be approximately 11,472 square feet and
would be situated parallel to and setback 5 feet from the alley
adjacent to the northerly property line. Building A is proposed to
be setback approximately 60 feet from Newport Avenue. A pet store
(Petco), which was subject to the approval of a conditional use
permit, is proposed to occupy approximately 9,000 square feet of
this building.
Building B is proposed to be approximately 5,563 square feet and
would be situated parallel to and setback 5 feet from the easterly
property line. Building B is proposed to be setback approximately
12 feet from E1 Camino Real. No specific retail uses have been
identified to date for this building.
Building C is proposed to be approximately 900 square feet and
would be situated at the southwest corner of the property and
setback approximately 30 feet from both Newport Avenue and E1
Camino Real. The drive-thru restaurant (Rally's Hamburgers), which
was subject to the approval of a conditional use permit, is
proposed to occupy this building and includes double drive-thru
lanes and 30 outdoor restaurant seats. A landscaped thematic
intersection treatment is proposed at the corner of Newport Avenue
and E1 Camino Real which includes the use of interlocking paving,
plant material and a low garden wall to replicate the corner
treatment on the northwest corner of Newport Avenue and E1 Camino
Real. The treatment is also intended to screen the majority of the
drive-thru operations as the drive-thru lane on the south side of
Building C, as well as the walk-up order window on the west
elevation would be visible from the intersection.
As shown on the site plan (Sheet 1), access to the site is provided
by one (1) 26 foot wide driveway from Newport Avenue, one (1) 26
foot wide driveway from E1 Camino Real and three (3) 26 foot wide
driveways located adjacent to the alley along the north property
line. Proposed parking would be consistent with the requirements
for retail and restaurant uses within the CG District and would be
calculated as follows:
Building A 11,472 sf. x 1 space/200 sf. = 57.36
Building B 5,563 sf. x 1 space/200 sf. = 27.82
Building C 900 sf. x 1 space/300 sf. = 3.00
Building C seats 30 x 1 space/3 seats = 10.00
Total 98.18
Total Spaces Required = 99.00
Total Spaces Provided = 99.00
City Council Report
VTT 14914
July 5, 1994
Page 4
The subject property is currently Undergoing soil/ground water
remediation, which is monitored by the Orange County Health
Department, Environmental Division. It is anticipated that soil
remediation activities on the property would be required to
continue through the build-out of this project. Currently, the
soil remediation equipment is located on an adjacent property
across the alley to the north. All piping and wells for the
remediation system are located underground on the subject property.
However, an addendum to the corrective action plan for soil
remediation on this site that describes and justifies all
modifications to the current remediation system on-site would need
to be submitted to and approved by the Community Development
Department and Orange County Health Care Agency (OCHCA). This
report must indicate: a) the locations of monitoring and extraction
wells currently at the site; b) which wells will be abandoned; and
c) where replacement wells will be located after site construction
is complete. Replacement wells would be specifically identified on
the site plan and located to not obstruct site access, building
locations or required parking spaces. In addition, a vapor risk
assessment that evaluates the potential health risks, to the
occupants of the proposed buildings, posed by any residual
subsurface contamination at the subject site must be submitted to
and approved by the OCHCA, with.approved copies of such assessment
provided to the Community Development Department. The OCHCA
requires a vapor risk assessment for any contaminated sites where
the land use will change from automotive repair or fueling station
to any other commercial or residential use. Conditions have been
included in the Planning Commission Resolution No. 3279 approving
the Design Review and Conditional Use Permit related to the
specific requirements related to the s0il remediation activities
required by OCHCA.
Please refer to the Planning Commission staff report dated June 13,
1994 for additional information related ~o the project (Attachment
B).
ENVIRONMENTAL ANALYSIS
A Negative Declaration has been prepared for this project. The
Initial Study discusses numerous impact categories and appropriate
mitigation measures, including the issues discussed above. Based
upon this review, staff has determined %hat any potential impacts
can be mitigated to a level such that nc significant impacts would
occur for this project. Identified mitigation measures have been
included as Conditions of Approval in Planning Commission
City Council Report
VTT 14914
July 5, 1994
Page 5
Resolution Nos. 3279 and 3280 for the project. With this
information in mind, it is recommended that the City Council
certify the Negative Declaration as adequate pursuant to the
provisions of the California Environmental Quality Act.
CONCLUSION
Given the analysis conducted by the Community Development
Department and in consideration of comments from other agencies and
the public, it is concluded that the proposed project meets the
requirements of the Subdivision Map Act and the California
Environmental Quality Act.
With the inclusion of conditions of approval listed in Planning
Commission Resolution No. 3280, it is recommended that the City
Council approve the Environmental Determination for the project and
ve Vesting Tentative Tract Map 14914.
Daniel Fox~ AICP Christine A."Shi~teton
Senior Planner Director of Comn~dnity Development/
Assistant City Manager
CAS:DF :br'/TT14914
Attachments:
Location Map
Tentative Tract Map 14914
Site Plan/Elevations
Attachment A - Planning Commission Resolutions 3279
and 3280
Attachment B - Planning Commission June 13, 1994
Staff Report
Initial' Study
Resolution Nos. 94-75 and 94-76
LOCATION MAP,~./
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TENTATIVE TRACT IVIAP
SITE PLAN
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ELEVATIONS
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ATTACHMENT A
PLANNING COMMISSION
RESOLUTIONS 3279 & 3280
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RESOLUTION NO. 3279
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 94-003
AUTHORIZING THE ESTABLIS}{MENT OF A DRIVE-THRU
RESTAURANT INCLUDING OUTDOOR SEATING, PET STORE,
AND A MASTER SIGN PLAN, AND APPROVING DESIGN REVIEW
94-005 FOR AN APPROXIMATE 18,000 SQUARE FOOT RETAIL
CENTER LOCATED AT 1011 EL CAMINO REAL
The Planning Commission of the City of Tustin does hereby
resolve as follows:
The
A.
Planning Commission finds and determines as follows:
That proper applications, Conditional Use Permit
94-003 and Design Review 94-005, were filed by
Donely-Bennett Architects to authorize the
establishment of a drive-thru restaurant including
outdoor seating pursuant to City Code Section
9~35c(m), a pet store pursuant to City Code Section
9235c(u), and a Master Sign Plan which deviates
from the specific standards for business
identification pursuant to City Code Section
9403h2(e), and requesting approval of an
approximate 18,000 square foot retail shopping
center located at 1011 E1 Camino Real.
That a public hearing was duly called, noticed and
held on said applications on June 13, 1994, by the
Planning Commission.
That establishment, maintenance and operation of
the use applied for will not, under the
circumstances of this case, be detrimental to he
health, safety, morals, comfort, or general welfare
of the persons residing or working in the
neighborhood of such proposed use, nor 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 the following:
On-site traffic concerns related to the drive-
thru restaurant have been mitigated through
the seFaration of the drive-thru aisle from
the on-site parking.
The potential for pedestrian/vehicular
conflicts with the drive-thru lane have been
mitigated through the requirement for the
installation of "Pedestrian Crossing,, signs
and crosswalks denoting the pedestrian traffic
across the drive-thru lanes.
Resolution No.
Page 2
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3279
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The use would not create a noise nuisance as
the proposed loudspeakers shall conform to the
Tustin Noise Ordinance and shall be designed
so as not to impact adjacent commercial
properties.
The use of outdoor seating is in general
compliance with the intent of the Planning
Commission adopted guidelines related to
outdoor seating and has been conditioned to
include items such as "No Loitering" signs,
trash receptacles, lighting, pedestrian access
and parking to accommodate the number of seats
provided.
The pet store activities would be limited to'
within the enclosed building thereby
eliminating potential impacts on adjacent
properties.
The pet store operator is required to obtain
appropriate approvals and maintain compliance
with the requirements of the County of Orange
Animal Control Division which is responsible
for inspecting and licensing pet stores where
animals are sold to ensue safe and sanitary
conditions.
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Conditions have been included related to the
handling and disposal of animal waste and
remains to ensure that such disposal would not
negatively impact surrounding residents.
The Master Sign Plan would be generally
consistent with the intent of the Sign Code to
provide adequate business identification,
would not produce a nuisance or be offensive
to surrounding properties.
The subject property is located within the Town
Center ReOevelopment Project Area. Pursuant to
City Code Section 9299b, the Zoning Aaministrator
has forwarded action on Design Review 94-005 to the
Planning Commission.
Pursuant to Section 9272 of the Tustin 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:
Resolution
Page 3
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3279
2.
3.
4.
5.
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Height, bulk and area of buildings.
Setbacks and site planning.
Exterior materials and colors.
Type and pitch of roofs.
Size and spacing of windows, doors and other
openings.
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.
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Location and appearance of equipment located
outside of an enclosed structure.
10. Physical relationship of proposed structures
to existing structures in the neighborhood.
11.
Appearance and design relationship of proposed
structure to existing structures and possible
feature structures in the neighborhood and
public thoroughfares.
12. Development Guidelines and criteria as adopted
by the City Council.
The proposed project has been reviewed for
conformity with the provisions of the Orange County
Congestion Management Program, and the Planning
Commission has determined that the additional
traffic generated by the proposed project onto the
CMP Highway System does not cause the system to
exceed established level of service standards.
The proposed project nas been determined to be
exempt' from the provisions of Measure "M" in that
the additional traffic generated by the proposed
project onto the Arterial Highway System does not
cause the roadway system to exceed established
level of service standards.
Resolution No. 3279
Page 4
II.
The Planning Commission hereby approves Conditional Use
Permit 94-003 authorizing the establishment of a drive-
thru restaurant including outdoor seating pursuant to
City Code Section 9235c(m), a pet store pursuant to city
Code Section 9235c(u), and a Master sign Plan which
deviates from the specific standards for business
identification pursuant to City Code Section 9403h2(e),
and approves Design Review 94-005 authorizing the
construction of an approximate 18,000 square foot retail
shopping center located at 1011 E1 Camino Real, subject
to the conditions contained in Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 13th day of June, 1994.
KATHY W~IL
Chairperson
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the city
of Tustin, California; that Resolution No. 3279 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
Recording Secretary
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EXHIBIT A
RESOLUTION NO. 3279
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 94-003 AND DESIGN REVIEW 94-005
GENERAL
1.1
The proposed project shall substantially conform with the
submitted plans date stamped June 13, 1994 on file with
the Community Development Department as herein modified
or as modified by the Director of Community Development
in accordance with this Exhibit. The Director of
Community Development may also approve subsequent minor
modifications to plans during plan check if such
modifications are to be consistent with provisions of the
Tustin Municipal Code. Sheet iA has been eliminated from
the approved set of plans.
1.2
Unless otherwise specified, the conditions contained in
the Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by. the Community Development
Department.
1.3
Design review approval shall become null and void unless
all building permits are issued within twenty four (24)
months of the date of this Exhibit.
1.4
The applicant shall sign and return an Agreement to
Conditions Imposed form prior to issuance of building
permits.
1.5
The applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of the City's approval of the entitlement
process for this project.
1.6
Final Map 14914 shall be recorded on the property prior
to issuance of a certificate of use and occupancy for any
building on the subject property.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 2
PLAN SUBM_______ITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
(2)
(3)
(2) C.
(3)
(2) D.
(3)
(2) E.
(3)
(2) F.
(3)
(1) 2.2
Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas waster 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.
Final grading and specification consistent with
the site plan and landscaping plans and prepared by
a registered civil engineer for approval by the
Community Development Department. Subject grading
submittal shall comply with all requirements of
Conditions 4.1 and 4.2 contained in Exhibit A of
Planning Commission Resolution No. 3280.
Information, plans and/or specifications to ensure
satisfaction of Conditions 1.1 through 1.14 of
Exhibit A of Planning Commission Resolution No.
3280.
Information, plans and/or specifications to ensure
compliance with Conditions 5.1 through 5.8 of
Exhibit A of Planning Commission Resolution No.
3280.
Information, plans and/or specifications to ensure
compliance with Conditions 6.1 and 6.2 of Exhibit A
of Planning Commission Resolution No. 3280.
Applicant shall be permitted to obtain grading permits
and building permit for construction prior to approval of
Final Map 14914 provided all Uniform Building Code,
Public Works, Fire Department and Community Development
requirements have been met and approvals granted.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page %
(1) Z.3 Submitted construction drawings shall reflect all
'dimensions consistently between vesting tentative tract
map, site plan, landscape plans and architectural plans.
(1) 2.4 Identify the locations of any excavations within the
(2) subdivision or within 200 feet of any portion of the
subdivision, the location of any existing wells,
cesspools, sewers, culverts, storm drains, and
underground structures within the subdivision, and a
statement noting whether or not such uses are to be
abandoned, to be removed, or to remain. There are also
a number of wells and excavations which should be
identifies related to old underground gasoline storage
tanks on the property and the soil remediation program
which is in progress on the property.
(2) 2.5 An addendum to the corrective action plan for soil
(5) remediation on this site that describes and justifies all
modifications to the current remediation system on-site
shall be submitted to and approved by the Community
Development Department and Orange County Health Care
Agency (OCHCA). This report must indicate: a) the
locations of monitoring and extraction wells currently at
the site; b) which wells will be abandoned; and c) Where
replacement wells will be located after site construction
is complete. Replacement well shall be specifically
identified on the site plan and located to not obstruct
site access, building locations or parking required
spaces.
2.6
(2)
(5)
(2) 2.7
(5)
A vapor risk assessment that evaluates the potential
health risks, to the occupants of the proposed buildings,
posed by any residual subsurface contamination at the
subject site shall be submitted to and approved by the
OCHCA, with approved copies of such assessment provided
to the Community Development Department. The Agency
requires a vapor risk assessment for any contaminated
sites where the land use will change from automotive
repair or fueling station to any other commercia~ or
residential use.
A workplan for ~1! modifications to the remediation
system at the subject site must be submitted to and
approved by the OCHCA, with approved copies of such
workplan provided to the Community Development
Department.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 4
(2)
(5)
2.8
The applicant shall provide to OCHCA a report on the
findings of the most recent soil samples collected.
These findings will allow OCHCA to evaluate the
effectiveness of the remediation system to date, and will
be used to determine what future activities will be
required.
(2) 2.9
The applicant should consult with the various utility
companies which will provide service to the development
to incorporate energy conserving systems and design
features into the project.
SITE AND BUILDING CONDITIONS
(4)
3.1
Provide exact details of all exterior door and window
types, including but not limited to such information as
frame color and glass tint.
(z) z.z
(4)
Ail exterior colors to be used shall be subject to review
and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(1)
3.3
Note on final plans that a six-foot high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
(z)
(4)
3.4
Ail mechanical and electrical fixtures and equipment
shall be adequately and decoratively screened. The
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of buildings. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers sna~l be !oca%ed toward the interior of the
prcject maintaining sufficient distance to minimize
visual impacts from Newport Avenue and E] Camino Real.
(i)
3.5
Mechanical Equipment such as, but not limited to heater
and filter units, pump units, air conditioning condensers
and similar devices shall be screened from street view.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 5
(4)
3.6
(1) 3.7
(1) 3.s
3.9
(~)
(2)
(1) 3.10
(2)
(!) 3.1~
Exterior elevations of the buildings shall indicate any
fixtures or equipment to be located on the roof of the
building, equipment heights and type of screening. All
roof mounted equipment, vents, exhausts or other roof
penetrations shall be located a minimum of 6 inches below
the top of parapets.
On-site subdivision walls shall be constructed by
subdivider including property line fencing along the
easterly property line. Provide drawings indicating wall
materials, cap and other decorative treatments and color.
Property line walls shall be consistent with main
building treatments. Retaining walls shall have exterior
treatments consistent with other subdivision walls.
Provide wall/fence legend on site plan including
retaining walls, if any.
Parking for the development shall be provided based upon
gross floor area and/or restaurant seats provided as
required by the Municipal Code. Final parking
calculations showing compliance with the amount of
required parking shall be provided on the working
drawings.
The property owners of the center shall be responsible
for the daily maintenance and up-keep of the subject
center, including but not limited to trash removal,
painting, graffiti removal and maintenance of
improvements to ensure that the facilities are maintained
in a neat and attractive manner. All graffiti shall be
removed within 72 hours of a complaint being transmitted
by the City to the property owner. Failure to maintain
said structures and adjacent facilities will be grounds
for City enforcement of its Property Maintenance
Ordinance, including nuisance abatement procedures.
"No Loitering" signs shall be posted in the center,
including the patio area for Building C, with sign
details and locations to be approved by the Co~nunity
Development Department.
Ail exposed metal flashing or trim shall be painted to
match the building.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 6
(1) 3.12
(1) 3.13
(4)
(~) 3.~4
(4)
*** 3.15
(1)
(4)
3.16
Note on final plans that a six foot high chain link fence
shall be installed around the site prior to building
construction stages. Gated entrances shall be permitted
along the perimeter of the site for construction
vehicles.
Ail roof access shall be provided from the inside of the
buildings.
No exterior down spouts shall be permitted. Ail roof
drains shall utilize interior piping, but may have
exterior outlets at base of buildings.
A pedestrian crosswalk shall be provided across the
drive-thru lane on the north side of Building C between
the proposed curb ramps for the patio area east of the
proposed -menu board. Additional crosswalks shall be
provided across the drive-thru lane on the south and west
sides of Building C as an extension of the pedestrian
sidewalk from Newport Avenue and E1 Camino Real to the
walk-up order window area. Said crosswalks shall be of
decorative paving consistent with other decorative
pavement treatments for the center, subject to approval
of the Community Development Department.
Ail patio tables and other furniture shall be decorative
in design consistent with the architectural character of
the project, subject to approval of the Community
Development Department.
USE RESTRICTIONS
(1)
Outdoor patio seating for Building C shall be limited to
a maximum of 30 seats. For purposes of calculating
maximum seating, each 18 inches of bench length shall
constitute one seat.
(1) 4.2 Outside address speakers, telephone bells, buzzers, menu
(2) order boards and similar devices which are audible from
adjoining properties shall be prohibited.
(2) 4.3 The operator of the pet store shall obtain all
(5) appropriate approvals and permits from the Orange County
Animal Control Division and maintain compliance with such
approvals and permits at all times.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 7
(1) 4.4
(2) 4.5
(1)
4.6
Except for the patio area designated for Building C, or
as otherwise may be approved in conjunction with a
special event consistent with current City policy, all
business activity, sales, displays or other business
activities within the center shall be conducted entirely
within the buildings.
Ail animal waste and/or remains shall be disposed of in
air tight bags prior to placement in the trash bins for
the center.
If within twelve (12) months of issuance of a Certificate
of Occupancy the Community Development Department or
Public Works Department receives complaints or observes
continuous traffic operation concerns related to the
drive thru, the applicant shall identify and implement
mitigation measures, subject to the approval of the City
Traffic Engineer.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEWRNTR
5.1
(7) 5.2
Submit at plan check complete detailed landscaping and
irrigation plans for all landscaping areas consistent
with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Provide summary table
identifying plant materials. The plant table shall list
botanical and common names, sizes, spacing, location and
quantity of the plant materials proposed. Show planting
and beaming 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 must 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 Community
Development Department 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 and irrigation materials is
subject to field inspection ac project completion by the
Department of ~ommunity Development.
The submitted landscaping plans at plan check shall
reflect the following requirements:
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
ground cover on large areas alone is not
acceptable.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 8
(~)
(7)
(4)
(~)
(7)
(4)
5.3
Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 5 feet on center.
C. Ground cover shall be planted between 8 to 12
inches on center.
Dm
Fences, walls and equipment areas, shall be
screened with shrubs and/or vines and trees.
Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and must
be maintained in a neat and healthy condition.
Maintenance includes but is not limited to
trimming, moving, weeding, removal of litter,
fertilizing, regular watering and replacement of
diseased or dead plants.
Fo
Buffer driveway and parking areas with landscaping
berms when possible.
A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing to
soften their visual appearance.
Major points of entry to the project, courtyards
and pedestrian internal circulation routes shall
receive specimen trees to create an identification
theme.
Landscape adjacent to the right-of-way shall be
coordinated with parkway landscaping. Perimeter
walls should be treated with vines in order to
relieve large expanse' of walls with greenery and
color. Vine should be informally grouped with
training devices installed.
Screening ~djacent to roadways, whenever possible, shall
compliment the architecture, coloz and construction
materials of primary buildings on the site.
Ail walls, fences or landscaping adjacent to streets
should be designed to provide adequate sight distance for
vehicles exiting the tract via the private streets.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 9
(1)
(4)
5.5
Provide details, colors and materials for all exterior
walkways, stairs and walls. Design interior walkways to
create a pedestrian corridor with accessory landscaping
treatment.
(1)
(4)
Entryway to the project site should be focal points. In
addition to larger tree treatments these areas should be
provided with a variety of color and treatment of
landscaping as well as an incorporation of special
decorative signage or pavement treatment (i.e., walls,
gates, lighting, etc.)
(1) 5.7
(2)
Indicate lighting scheme for project, note locations of
all exterior -lights and types of fixtures, and in
conformance with the City's Security Code. Lights to be
installed on buildings shall be a decorative design. No
lights shall be permitted which may create any glare of
have a negative impact on adjoining properties. The
location and types of lighting, including light bases,
shall be subject to the approval of the Community
Development.
(5) s.8
Final mailbox design, location and orientation, including
methods to ensure security provisions with locking
devices shall be subject to the review and approval of
the Community Development Director.
SIGNS
(1) 6.~
Ail signs shall be in conformance with the approved
Master Sign Plan. In the event the Master Sign Plan is
silent on a particular sign type or standard, the City's
Sign Code shall apply.
(4) 6.2
Ail freestanding signs, including drive-thru menu boards,
and directional signs, shall include base and exterior
finish materials consistent with the architectural
treatment for the center, subject to approval of the
Community Development Department.
*** 6.3
An internally illuminated "Pedestrian Crossing,, sign
shall be located in the west landscape planter in view of
a vehicle at th~ pick-up window on the south side of
Building C. A second "Pedestrian Crossing" sign shall be
located east of the proposed pedestrian ramps in the
drive-thru lane on the north side of B~ilding C. Letters
on the sign shall be a minimum of six inches in height
and limited to six square feet in area. Details of the
sign shall be architecturally consistent with the design
of the center, including base and exterior finish
material, subject to approval of the Community
Development Department.
Exhibit A- Conditions of Approval
CUP 94-003/DR 94-005
Resolution No. 3279
Page 10
*** 6.4 The menu boards shall not exceed six 6) feet in overall
height.
FEES
(~) 7.~
Payment of all fees is required in accordance with
Condition 8.1 and 8.2 of Exhibit A of Planning Commission
Resolution No. 3280.
1
6
7
8
9
10
11
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14
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19
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27~
RESOLUTION NO. 3280
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY C0~CIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 14914.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
That Vesting Tentative Tract Map No. 14914 was
submitted to the Planning Commission by Donley-
Bennett Architects for consideration.
That a public hearing was duly called, noticed and
held for said map on June 13, 1994, by the Planning
Commission.
That a Negative Declaration has been prepared in
accordance with the provisions of the California
Environmental Quality Act for the subject project.
De
That the proposed subdivision is in conformance
with the Tustin Area General Plan and Subdivision
Map Act as it pertains to the development of
commercial property.
That Vesting Tentative Tract 14914 would not have
an impact on School District facilities.
That the site is physically suitable for the type
of development proposed.
That the site is physically suitable for the
proposed density of development.
That the design of the subdivision or the proPosed
improvements are not likely Go cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
That the design of the subdivision or the ~ype of
improvements proposed will not conflic~ with
easemen~ acquired by the public at large, for
access through or use of the property witkin the
proposed subdivision.
That the design of the subdivision or the types of
improvement proposed are not likely tc cause
serious public health problems.
1
2.
Resolution 3280
Page 2
II.
The Planning Commission hereby recommends to the City
Council approval of Vesting Tentative Tract Map No.
14914, subject to the conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 13th day of June, 1994.
BARBARA REYES"
Recording Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3280 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of June, 1994.
BARBARA REYES ~'
Recording Secretary
EXHIBIT A
VESTING TENTATIVE TRACT MAP 14914
RESOLUTION NO. 3280
CONDITIONS OF APPROVAL
(1)
(2)
(3)
(5)
(1)
(5)
PUBLIC/PRIVATE IITFRASTRUCTURE IMPROVRMRNTS
1.1
Prior to recordation of final map, the Subdivider shall
prepare plans for and construction or post security
guaranteeing construction of all public and/or private,
infrastructure improvements within the boundary of said
tract map in conformance with applicable City standards,
including but not limited to the following:
D.
E.
F.
F.
G.
H.
I.
J.
Ke
Curb and gutter/cross gutters.
Sidewalks including access facilities for
physically handicapped person.
Drive aprons/approach
Street paving
Street signing and paving
Street trees
Alley Joins
Sanitary sewer facilities
Domestic waster facilities
Storm drain connection
Removal/reconstruction of curb ramp per City
Standard 124 at the curb return of E1 Camino Real
and Newport Avenue.
Undergrounding of existing and proposed utility
distribution lines
Lot monumentation
Fire hydrants
The amount of acceptable security for conduction of
public improvements shall be reviewed and approved by the
Public Works Department. The amount and acceptable
security for private improvements shall be reviewed and
approved by the Building Official.
Ail construction within a public right-of-way and/or
public easement must be shown on a separate 24" x 36"
plan as prepared by a Caiifornia Registered Engineer with
all construction referenced to applicable City or County
standard drawigg numbers.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LAi~DSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 2
(1) 1.3 Ail changes in existing curbs, gutters, sidewalks and
(6) other public improvements shall be responsibility of
subdivider.
(1)
(~)
(5)
(6)
1.4
A.
1.5
Preparation of plans for and construction of:
Ail sanitary sewer facilities must be submitted as
required by the City Engineer and local sewering agency.
These facilities shall include a gravity flow system per
standards of the Orange County Sanitation District.
A domestic water system must be to the standards of the
City of Tustin Water Service. Improvement plans shall
also be reviewed and approved by the Orange County Fire
Department for fire protection purposes. The adequacy
and reliability of water system design and the
distribution of fire hydrants will be evaluate. The
water distribution system and appurtenances shall also
conform to the applicable laws and adopted regulations
enforced by the Orange County Health Department. Any
required reclaimed water systems shall be to the
standards as required by the City of Tustin Water
Service.
Sewer and water facilities shall be clearly indicated as
publicly maintained. Maintenance access to water
facilities shall be the responsibility of the property
owner and accommodations for such access shall be
established prior to building permit issuance.
Proposed streets shall be designed to the following
specifications:
Ail proposed streets shall be designed in
substantially the same width and alignment as shown
on the approved vesting tentative map unless
modified and approved by the Directors of Community
Development and Public Works.
B~
Ail streets and drives shall be constructed in
accordance.with City requirements in terms of type
and quality of material used.
Sidewalk areas shall flare around the placement of
all above ground facilities, such as signing,
street lights and fire hydrants unless located
outside of sidewalk widths within public utility
easement areas.
Exhibit A
Vesting Tentative Tract Map
Conditions of Approval
Page 3
14914
(1)
(6)
(5) 1.7
(5) 1.8
(i)
(5)
(5) 1.10
(1) i.il
(5)
(1) 1.12
On-site parking lot, storm drain, water and sewer
improvement plans shall comply with the "City of Tustin
Minimum Design Standards for On-Site Street and Storm
Drain Improvements" except as modified by the Building
official.
A 24" x 36" signing and striping plan showing all
modifications along Newport Avenue and E1 Camino Real as
a result on this development will be required. Said
plans shall be prepared by a California Licensed Traffic
Engineer and/or Civil Engineer experienced in this type
of plan preparation.
A 24' x 36" reproducible work area traffic control plan
prepared by a California Registered Traffic Engineer
shall be provided prior to permit issuance.
A complete hydrology study and hydraulic calculations
shall be submitted for review and approval prior to
permit issuance.
In addition to the normal full size plan submittal
process, all final development plans including but not
limited to: tract maps, parcel maps, right-of-way maps,,
records of survey, public works improvements, private
infrastructure improvements, and final grading plans are
also required to be submitted to the Public Works
Department/Engineering Division in compute aided drafting
and design (CADD) format. The acceptable formats shall
be Intergraph DGN or AutoCad DWG file format, but in no
case less than DXF file format. The City of Tustin, CADD
conventions shall be followed in preparing plans in CADD,
and these guidelines are available from the Engineering
Division.
An option, the applicant may submit manually prepared
plans and in lieu of CADD files pay a "processing fee" to
the City to have the drawings converted into CADD format.
This fee will cover the City's costs to transfer the
information from the above noted plans tc CADD so that it
can be integrated into the City's infrastructure base
map. The processing fee will be determined on a case by
case basis after the plans have been submitted for
review.
The applicant shall install two new street lights on
marbelite poles along E1 Camino Real frontage.
Ail utilities exclusively serving the site shall be
undergrounded.
Exhibit A
Vesting Tentative Tract Map
Conditions of Approval
Page 4
14914
*** 1.13
(5) 1.14
(~)
(2)
(5)
(6)
(~)
(5)
(5)
(1)
(5)
The applicant shall be responsible for undergrounding all
existing overhead utilities located in the alley along
the northerly side of the project, including removing
existing utility poles and restoring utility service
underground to the affected properties on the north side
of the alley, subject to entering into a reimbursement
agreement with the city of Tustin Redevelopment Agency to
recover the associated costs of undergrounding the
utilities on the properties on the north side of the
alley, subject to approval of the Community Development
Department, Public Works Department and the City
Attorney's office. Costs associated with the removal of
the existing power pole located approximately 275 feet
east of Newport Avenue and located in the middle of the
proposed driveway on the east side of Building A shall
not be subject to reimbursement by the Agency.
No on-site drainage shall be permitted to be discharged
into the existing catch basin on Ne~ort Avenue and/or
storm drain system in Newport Avenue as this site is not
within the drainage area of the Newport Avenue storm
drain system. The conceptual grading plan will need to
be revised accordingly.
DEDICATIONS/RESERVATIONS~EASEMENTS
2.1
The subdivider shall satisfy dedication and/o~
reservation requirements as applicable, including but not
limited to dedication of all required street and flood
control right-of-way easements, vehicular access
rights, sewer easements and water easements defined and
approved as to specific location by the City Engineer
and other reasonable agencies.
2.2
Dedication of street right-of-way shall be provided at
the corner cut-off of E1 Cam~no Real and Newport Avenue
sufficient for the construction of a curb ramp per City
Standard No. 124.
2.3
Dedication of street right-of-way shall be previded at
the radius drive on Newport Avenue per City Standard No.
108E.
2.4
Dedication of 20 feet of street right-of-way shall be
provided along the Newport Avenue frontage adjacent to
the abandoned rail road easement. City records indicated
that the existing right-of-way line at this location is
30 feet easterly of the centerline of Newport Avenue.
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 5
(1)
(2)
(6)
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RI~nT-OF-WA¥
3.1 Prior to recordation of the final map, subdivider shall
post with the Community Development Department a minimum
$2,500 cash deposit or letter of credit to guarantee the
Sweeping of streets and clean-up of streets affected by
construction activities. In the event this deposit is
depleted prior to completion of development or City
appearance of public streets, an additional incremental
deposit will be required.
(1) 3.2 Any damage done to existing street improvements and
(6) utilities shall be repaired before acceptance of the
tract and/or issuance of a Certificate of Occupancy for
the development on any parcel within the subdivision.
(1) 3.3 Prior to any work in the public right-of-way, an
Encroachment Permit must be obtained from and applicable
fees paid to the Public Works Department.
(1)
(2)
(6)
4.1
Prior to issuance of grading permits:
A detailed soils engineering report shall be
submitted to and approved by the Building Official
conforming to the equlrements of the Uniform
r '
Building Code, City Grading Requirements, and all
other applicable State and local laws, regulations
and requirements.
Preparation and submittal of a grading plan subject
to approval by the Department of Community
Development delineating the following information:
1. Methods of drainage in accordance With all
applicable City standards.
2. Ail recommendations submitted by geotechnical
or soils engineer and specifically approved by
them.
3. Compliance with conceptual grading shown on
tentative tract map.
4. A drainage plan and necessary support
documents such as hydrology calculations to
comply with the following requirements:
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 6
Provision of drainage facilities to
remove any flood hazard to the
satisfaction of the City Engineer which
will allow building pads to be safe from
inundation from rain fall which may be
expected from all storms up to and
including the theoretical 100 year storm
and dedication of any necessary easements
on the final map as required.
Elimination of any sheet flow and ponding
across lot lines.
Provision of drainage facilities to
protect the lots from any high velocity
scouring action.
Provision for tributary drainage from
adjoining properties.
Ail flood hazard areas of record.
A note shall be placed on the grading plan
requiring Community Development Department
approval of rough grading prior to final
clearance for foundations. The Department
will inspect the site for accuracy of
elevations, slope gradients, etc. and may
require certification of any grading related
matter.
Note on plans that a qualified paleontologist/
archeologist, as appropriate, shall be present
during rough grading operations. If resources
are found, work shall stop in the affected
area and all resources shall be excavated or
preserved as deemed appropriate or as
recommended by the paleontologist/archeologist
subject to review and approval by the
Department of Public Works and Community
Development. All "finds" shall be reported
immediately to the Department of Community
Development. The paleontologist/archeologist
shall attend the pregrade constructJ, on meeting
to ensure that this condition and necessary
procedures in the event of a "find" are
explained.
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 7
Preparation of a sedimentation and erosion
control plan for all construction work related
to the subject tract including a method of
control to prevent: dust and windblown earth
problems.
(1) 4.Z Ail earthwork shall be performed in accordance with the
(3) City of Tustin Municipal Codes and grading requirements.
FIRE DEPARTMENT
(5)
(5) s.z
(5) 5.3
(5) s.4
(5)
Prior to the recordation of a final tract map, water
improvement plans shall be submitted to and approved by
the Fire Chief to ensure adequate fire protection and
financial security is posted for the installation. The
water system design location of valves, and the
distribution of the fire hydrants will be evaluated and
approved by the Chief.
Prior to the issuance of any building permits for
combustible construction, a letter and plan from the
developer shall be submitted to and approved by the Fire
Chief. This letter and plan shall state that water for
fire fighting purposes and an all weather fire access
road shall be in place before any combustible materials
are placed on the site.
Prior to the issuance of any certificates of use and
Occupancy, all fire hydrants shall have a "Blue
Reflective Pavement Marker" indicating its location on
the street or drive per the Orange County Fire Department
Standard. On private property these markers are to be
maintained in good condition by the property owner.
Prior to the issuance of any building permits, plans for
the automatic sprinkler system shall be submitted to and
approved by the Fire Chief prior to installation. This
system shall be,operational prior to the issuance of a
certificate of use and occupancy for Buildings of 6,000
square feet or more.
Prior to installation, ulans for an approved
fire-suppression system lot the protection of
commercial-type cooking equipment shall be submitted to
the Fire Chief for approval for the restaurant.
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 8
(5) 5.6 Prior to the issuance of any grading permit, street
improvement plans with fire lanes shown shall be
submitted to and approved by the Fire Chief. Indicate
the locations of red curbing and signage. Provide a
drawing of the proposed signage with the height, stroke
and color of lettering and the contrasting background
color. The CC&R's shall contain a fire lane map and
provisions which prohibit parking in 'the fire lanes, a
method of enforcement shall be included.
(5) 5.7 Prior to the issuance of any building permits,
construction details for any emergency access gates shall
be submitted to and approved by the Fire Chief. Contact
the Orange County Fire Department at (714) 744-6623 for
a copy of the "Guidelines for Fire Department Emergency
Access,,. The gates behind Building B require a Knox Box
or padlock.
(5) $..
The following notes shall be provided on the site plan:
A. Fire Department Final Inspection Required.
Schedule inspection 2 days in advance. Phone 832-
1011.
Locations and classifications of extinguishers to
be determined by the fire inspector.
Storage, dispensing or use of any flammable and
combustible liquids, flammable and compressed
gasses and other a hazardous materials shall comply
with Uniform Fire Code Regulations.
Building(s) not approved for high piled combustible
storage. Materials in closely packed piles shall
Jot exceed 15 feet in height, 12 feet on pallets or
in racks and 6 feet for ti~es, plastics and some
flammable liquids if high stock piling, comply with
UFC, Art. 81 and NFPA Std. 231, 231C and 231D.
Plans of modifications to or new fire protection,
detector or alarm system(s) shall be approved by
the Fire Department prior to installation.
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 9
(3)
(1)
(1)
NOISE
6.1
Prior to issuance of any Certificates of Use or
Occupancy, field testing in accordance with the Title 25
regulations may be required by the Building Official to
verify compliance with STC and IIC design standards.
6.2
Ail construction operations including engine warm up
shall be subject to the provisions of the City of Tustin
Noise Ordinance and shall take place only during the
hours of 7:00 a.m. until 6:00 p.m., Monday through Friday
unless the Building Official determines that said
activity will be in substantial conformance with the
Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time
the permit for the work is awarded or during progress of
the work.
CC&R'S
7.1
Prior to approval of the final map, all organizational
documents for the project including any deed
restrictions, covenants, conditions, and restrictions
shall be submitted to and approved by the Community
Development Department and City Attorney's Office. Costs
for such review shall be borne by the subdivider. A copy
of the final documents shall be submitted to the
Community Development Department after their recordation.
CC&R's shall include but not be limited to the following
provisions:
Since the City is interested in protecting the
public health and safety and ensuring the quality
and maintenance of common areas under control of an
Association, the City shall be included as a party
to the CC&R's for enforcement purposes of those
CC&R provisions in wbich the City has interest~ as
reflected by the following B through J. However,
the City .shall not be obligated to enforce the
CC&R's.
The requirement that association bylaws be
established.
Provisions for effective establishment, operation,
management, use, repair and maintenance of all
common areas and facilities including landscaped
areas and lots, walls and fences and paseos.
Exhibit A
Vesting Tentative Tract Map
Conditions of Approval
Page 10
14914
Do
Fo
Membership in an Association shall be inseparable
from ownership in individual lots.
Architectural controls shall be provided and may
include but not be limited to provisions regulating
exterior finishes, roof materials, fences and
walls, accessory structures such as patios,
sunshades, trellises, gazebos, awnings, exterior
mechanical equipment, television and radio antenna.
Maintenance standards shall be provided for
applicable items listed in Section C above in
CC&R's. Examples of maintenance standards are
shown below:
(1)
Ail common area landscaping and private lawn
areas visible from any public way shall be
properly maintained such that they are evenly
cut, evenly edged, free of bare or brown
spots, free of debris and free of weeds above
the level of the lawn. All planted areas
other than lawns shall be free of weeds, dead
vegetation and debris. All trees and shrubs
shall be trimmed so they do not impede
pedestrian traffic along the walkways. Trees
shall be pruned so they do not intrude into
neighboring property and shall be maintained
so they do not have droppings or create other
nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed
surface roots and damage to sidewalks,
driveways and structures.
(2)
common areas shall be maintained in such a
manner as to avoid the reasonable
determination of a duly authorized official of
the City that a public nuisaDce has been
created by the absence of adequate maintenance
such as to be detrimental to public health,
safety, or general welfare, or that such a
condition of deterioration or disrepair cause
harm or is materially detrimental to property
values or improvements within the boundaries
of the subdivision and Association, to
surrounding property, or to property or
improvements within three hundred (300) feet
of the property may also be added as
alternative language.
Exhibit A
Vesting Tentative Tract Map 14914
Conditions of Approval
Page 11
(3)
(5)
Go
Ho
FEES
8.1
Association approval of exterior improvements
requiring a building permit shall be obtained prior
to requesting a building permit from the City of
Tustin Community Development Department. All plans
for exterior improvements shall conform to
requirements set forth by the City and the CC&R's.
All plans submitted to the City shall bear the
Association's stamp and authorized signature of
approval.
Ail utility services serving the site shall be
installed and maintained underground.
The Association shall be required to file the
n~mes, addresses, and telephone numbers of at least
one member of the Association Board and where
applicable, a Manager of the project before January
1st of each year with the city of Tustin Community
Development Department for the purpose of
contacting the association in the case of emergency
or in those cases where the City has an interest in
CC&R violations.
No amendment to alter, modify, terminate or change
the Homeowner's Association's obligation to
maintain the comnon areas and the project perimeter
wall or other CC&R provisions in which the City has
an interest, as noted above, or to alter, modify,
terminate or change the city's right to enforce
maintenance of the common areas and maintenance of
the project perimeter wall, shall be effective
without the prior written approval of the City of
Tus%in Community Development Department.
Prior to issuance of any building permits, payment shall
be made of all required fees including, but not limited
to:
ao
Major thoroughfare and bridge fees to Tustin Public
Works Department.
B. Sanitary sewer connection fee to Orange County
Sanitation District No. 7.
C. Grading plan checks and permit fees to the
Community Development Department.
Exhibit A
Vesting Tentative Tract Map 14914
conditions of Approval
Page 12
Ail applicable Building plan check and permit fees
to the Community Development Department.
New development fees to the Community Development
Department.
School facilities
District subject
executed between
Company.
fee to the Tustin Unified School
to any agreement reached and
the District and the Irvine
Transportation System Improvement Program, Area "A"
Development Fees to the Community Development
Department.
Should the Department of Fish and Game reject the
Certificate of Fee Exemption filed with the Notice
of Determination and require payment of fees, the
applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $1,275 (one
'thousand two hundred seventy five dollars) pursuant
to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not
be operative, vested or final unless and until the
fee is paid.
(5)
8.2
Prior to recordation of the final map, the subdivider
shall provide executed subdivision/monumentation
agreements and furnish improvement/monumentation bonds as
required by the City Engineer.
GENERAL
(1)
9.1
Within 24 months from tentative map approval, the
Subdivider shall file wi=n appropriate agencies, a final
map prepared in accordance with subdivision requirements
of the Tustin Municipal Code, the State Subdivision Map
Act, and applicable conditions contained herein unless an
extension is granted pursuant to Section 9335.08 of the
Tustin Municipal Code.
(1)
9.2
Prior to occupancy of any buildings, the Subdivider shall
record a final map in conformance with appropriate
tentative map.
Exhibit A
Vesting Tentative Tract Map
Conditions of Approval
Page 13
14914
(1) 9.3 Prior to final map approval.
(1) 9.4
A. Subdivider shall submit a current title report.
Subdivider shall submit a duplicate mylar of the
Final Map, or 8 1/2 inch by 11 inch transparency of
each map sheet prior to final map approval and "as
built" grading, landscape and improvement plans
prior to Certificate of Acceptance.
Subdivider shall conform to all applicable requirements
of the State Subdivision Map Act and the City's
Subdivision Ordinance.
9.5
Prior to release of building permits, all conditions of
approval of Conditional Use Permit 94-003 and Design
Review 94-005 of the subject project shall be complied
with or incorporated into applicable working drawings as
shown on Exhibit A attached to Resolution No. 3279 and
incorporated herein by reference.
ATTACHMENT B
PLANNING COMMISSION
STAFF REPORT; JUNE 13, 1994
ITEM NO. 6
.eport to the
Planning Commission
DATE:
SUBJECT:
APPLICANT
OWNER
LOCATION:
MONING:
ENVIRONMENTAL
STATUS:
REQUEST:
RECOMMENDATION
JUNE 13t 1994
VESTING TENTATIVE TRACT MAP 14914, CONDITIONAL USE
PERMIT 94-003 ~ DESIGN REVIEW 94-005
DONLEY-BENNETT ARCHITECTS
14772 PLAZA DR.
TUSTIN, CA 92680
ATTN: GREG BENNETT
NEWPORT CAMINO PLAZA,
? BRILLIANTEZ
IRVINE~ CA 92720
ATTN: JAY D. JAEGER
LTD.
1011 EL CAMINO REAL (NORTHEAST CORNER OF NEWPORT
AVENUE/EL CAMINO REAL)
COMMERCIAL GENERAL (CG)
A NEGATIVE DECLARATION HAS BEEN PREPARED IN
ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
AUTHORIZATION TO SUBDIVIDE 1.92 ACRES INTO 2
NUMBERED LOTS TO ACCOMMODATE A COMMERCIAL
SUBDIVISION;
APPROVAL OF THE SITE PLAN AND ARCHITECTURAL
DESIGN OF THE PROPOSED PROJECT; AND
AUTHORIZATION TO ESTABLISH A DRIVE-TtL~U
RESTAURANT WITH OUTDOOR SEATING~ PET STORE,
AND MASTER SIGN PROGRAM WHICH DEVIATES FROM
TH~ SPECIFIC STie~rDARDS FOR BUSINESS
IDENTIFICATION.
Pleasure of the Commission.
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 2
BACKGROUND
The applicant proposes to subdivide a 1.92 acre site into 2
numbered lots to accommodate an approximate 18,000 square foot
retail shopping center. In conjunction with the Tentative Tract
Map, a Conditional Use Permit is requested to:
Authorize the establishment of a drive-thru restaurant
(Rally's Hamburgers) in Building C, including outdoor seating,
pursuant to City Code Section 9235c(m);
Authorize the establishment of a pet store (Petco) in Building
A pursuant to City Code Section 9235c(u); and
Establish a Master Sign Plan for the project which deviates
from the specific standards for business identification
pursuant to City Code Section 9403h2(e).
Prior to development, the Planning Commission must approve the
subject Conditional Use Permit and recommend approval of the
Vesting Tentative Map to the City Council. The subject project is
located within the Town Center Redevelopment Project Area which
requires Design Review approval by the Zoning Administrator. Since
the Design Review application includes a specific site plan and
architecture design directly related to a number of significant
discretionary actions, the Zoning Administrator has referred the
Design Review to the Planning Commission for consideration pursuant
to City Code Section 9299b. In addition, the proposed Vesting
Tentative Tract Map includes by reference the specific development
standards, site plan and building plans included as part of CUP 94-
003 and DR 94-005 as required by City Code Section 9335.05.
Therefore, it would be appropriate for the Planning Commission to
not recommend approval of the Vesting Tentative Map unless a
positive action is made on the Conditional Use Permit and Design
Review applications.
The project site is located on the northeast corner of Newport
Avenue and E1 Camino Real and is currently vacant. Surrounding
uses to the site include a service station and multiple family
residential across the alley to the north, multiple family
residential to the east, vacant property and commercial uses across
E1 Camino Real to the south, and office uses to the west across
Newport Avenue (see location map).
Development of the subject lot was previously approved with Design
Review 87-33 in 1988, when L.A. Land Company proposed development
of an approximate 25,000 square foot retail shopping center.
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 3
Development of the property never commenced and the Design Review
approval has expired.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site wer~ notified of
the hearing by mail and notices were posted on the site, at City
Hall and the Police Department. The applicant was informed of the
availability of a staff report on this project.
PROJECT DESCRIPTION/SITE PLAN
Submitted development plans for the project propose construction of
an approximate 18,000 square foot retail center. The center would
include three separate buildings. A tentative tract map is also
proposed to consolidate the existing four properties and re-
subdivide the site into two (2) lots. Buildings A and B would be
located on the larger 1.48 acre Lot 1. Building C would be located
on the smaller .44 acre Lot 2.
Building A is proposed to be approximately 11,472 square feet and
would be situated parallel to and setback 5 feet from the alley
adjacent to the northerly property line. Building A is proposed to
be setback approximately 60 feet from Newport Avenue. A pet store
(Petco), which is subject to the approval of a conditional use
permit, is proposed to occupy approximately 9,000 square feet of
this building.
Building B is proposed to be approximately 5,563 square feet and
would be situated parallel to and setback 5 feet from the easterly
property line. Building B is proposed to be setback approximately
12 feet from E1 Camino Real. No specific retail uses have been
identified to date for this building.
Building C is proposed to be approximately 900 square feet and
would be situated at the southwest corner of the property and
setback approximately ~0 feet from both Newport Avenue and E1
Camino Real. The drive-thru restaurant (Rally's Hamburgers), which
is subject to the approval of a conditional use permit, is proposed
to occupy this building and includes double drive-thru lanes and 30
outdoor restaurant seats. A landscaped thematic intersection
treatment is proposed at the corner of Newport Avenue and E1 Camino
Real which includes the use of interlocking paving, plant material
and a low garden wall to replicate the corner treatment on the
northwest corner of Newport Avenue and E1 Camino Real. The
treatment is also intended to screen the majority of the drive-thru
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 4
operations as the drive-thru lane on the south side of Building C,
as well as the walk-up order window on the west elevation would be
visible from the intersection.
-As shown on the site plan (Sheet 1), access to the site is provided
by one (1) 26 foot wide driveway from Newport Avenue, one (1) 26
foot wide driveway from E1 Camino Real and three (3) 26 foot wide
driveways located adjacent to the alley along the north property
line. Proposed parking would be consistent with the requirements
for retail and restaurant uses within the CG District and would be
calculated as follows:
Building A 11,472 sf. x 1 space/200 sf. = 57.36
Building B 5,563 sf. x 1 space/200 sf. = 27.82
Building C 900 sf. x 1 space/300 sfo = 3.00
Building C seats 30 x 1 space/3 seats = 10.00
Total 98.18
Total Spaces Required = 99.00
Total Spaces Provided = 99.00
The applicant has also requested that the Planning Commission
consider giving the applicant the option to construct an additional
driveway from E1 Camino Real located between Newport Avenue and the
proposed driveway on E1 Camino Real between Lots 1 and 2 (Sheet
iA). The applicant believes that authorization for this driveway
may be critical to negotiations with Rally's Hamburgers. Based
upon traffic and safety concerns, the Engineering Division has
recommended that the second driveway be eliminated as shown on
Sheet 1. The location of the driveway and its proximity to the
signalized Newport Avenue/E1 Camino Real intersection would
potentially cause left-turn ingress and/or egress movements to and
from this driveway to interfere with westbound left-turns at the
signalized intersection. This driveway would also add to other
turning conflicts in the area of the easterly E1 Camino Real
driveway as well as contribute to traffic congestion and reduce
roadway capacity on E1 Camino Real. However, in the event the
Planning Commission concu~s with the applicant to provide a second
driveway on E1 Camino Real, the Engineering Division would
recommend that the driveway be designed with a raised driveway
island that would permit right-turn ingress only. Appropriate
signing would also need to be designed and installed. A second
option would be to design a raised driveway that would only permit
right-turn in/out access. Appropriate signing would also need to
be designed and installed. Should the Planning Commission desire
to approve a second driveway on E1 Camino Real, the Planning
Commission would need to provide additional discussion in the
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 5
Initial Study/Negative Declaration prior to certification related
to the driveway which would mitigate to a level of insignificance
any negative effects on the environment, particularly related to
traffic, circulation and pedestrian safety. In addition
appropriate conditions would need to be included in the attached
Resolution No. 3280 recommending approval of the vesting tentative
map.
The subject property is currently undergoing soil/ground water
remediation, which is monitored by the Orange County Health
Department, Environmental Division. It is anticipated that soil
remediation activities on the property would be required to
continue through the building out of this project. Currently, the
soil remediation equipment is located on an adjacent property
across the alley to the north. All piping and wells for the
remediation system are located underground on the subject property.
However, an addendum to the corrective action plan for soil
remediation on this site that describes and justifies all
modifications to the current remediation system on-site would need
to be submitted to and approved by the Community Development
Department and Orange County Health Care Agency (OCHCA). This
report must indicate: a) the locations of monitoring and extraction
wells currently at the site; b) which wells will be abandoned; and
c) where replacement wells will be located after site construction
is complete. Replacement wells would be specifically identified on
the site plan and located to not obstruct site access, building
locations or required parking spaces. In addition, a vapor risk
assessment that evaluates the potential health risks, to the
occupants of the proposed buildings, posed by any residual
subsurface contamination at the subject site must be submitted to
and approved by the OCHCA, with approved copies of such assessment
provided to the Community Development Department. The OCHCA
requires a vapor risk assessment for any contaminated sites where
the land use will change from automotive repair or fueling station
to any other commercial or residential use. In the event that the
Planning Commission supports the project, conditions have been
included in the attachgd Resolution No. 3279 related to the
specific requirements related to the soil remediation activities
required by OCHCA.
CONDITIONAL USE PERMIT
A Conditional Use Permit (CUP) is being requested to establish a
drive-thr~ restaurant including outdoor seating, a pet store and a
Master Sign Plan which deviates from the specific standards related
to business identification. In considering the approval of each
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 6
component of the subject CUP, the Planning Commission must find
that in each component, the establishment, maintenance or operation
of the use applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety, morals,
comfort and general welfare of the persons residing or working in
the neighborhood of such proposed use, nor injurious or detrimental
to property and improvements in the neighborhood or the general
welfare of the City. The following analysis provides information
related to each of the CUP requests.
Drive-Thru Restaurant/Outdoor Seatinq
The proposed drive-thru restaurant would be served from drive-thru
lanes on the north and south side of Building C accommodating
stacking for 12 vehicles. These drive-thru lanes would be accessed
from an interior drive aisle in the vicinity of the proposed
easterly property line of Lot 2. Customers would proceed westerly
in the drive-thru lane from the menu board to the pick-up window to
make payment and receive their order. Exiting traffic from the
pick-up window would proceed north parallel to Newport Avenue to
the intersection of a perpendicular drive aisle and main entrance
drive for the center along Newport Avenue. The proposed restaurant
would operate similar to the older style In-N-Out Burger
restaurant, including a similar limited menu.
Concerns for pedestrian traffic crossing in front of vehicles in
the'drive-thru lane have been identified. Conditions of approval
have been included within the attached Resolution No. 3279 to
require the installation of crosswalks across the drive-thru lanes
on the south and west side of Building C with the extension of the
sidewalk from Newport Avenue and E1 Camino Real, as well as the
north side of Building C to the patio area. Additional conditions
have been included to require the installation of "Pedestrian
Crossing" signs to warn motorists of pedestrian traffic.
No indoor restaurant seats are proposed as part of the subject
restaurant. A total of 30 outdoor seats are proposed in a patio
area on the north side of'the building across the northerly drive-
thru lane. A walk-up order window is located on the west elevation
facing Newport Avenue. Hours of operation are proposed to be 10:00
a.m to 12:00 midnight Sunday through Thursday, and 10:00 a.m. to
2:00 a.m. on Friday and Saturday.
The proposed outdoor seating area is within 540 feet of Tustin High
School. The patio area is open on all sides and free of any
barriers. Access to the patio area does not require entrance into
the restaurant as there are no public portions on the building that
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 7
would be accessible to the general public, other than the
restrooms. The Planning Commission Guidelines for Outdoor Seating
(Attachment A) suggest that any outdoor seating within 600 feet of
a public school should be designed with particular consideration of
school children and access. In addition, suggested standard
condition 11 in the guidelines require the outdoor seating to be a
minimum of 200 feet from residential uses. The existing residents
to the north across the alley would be located approximately 165
feet from the patio (as the crow flies). However, the patio would
be approximately 210 feet in a walking path around Building A from
the nearest resident. Therefore, standard condition 11 in the
guidelines has not been included in the Conditional Use Permit
conditions of approval.
The subject site is considered an important gateway into the Old
Town area of Tustin. Thus, the design, uses and tenant
configuration are very important to the City and Redevelopment
Agency. The Redevelopment Agency is presently developing a Request
for Proposal which would solicit the redevelopment of the property
on the southwest corner of Newport Avenue and E1 Camino Real
(Chevron and Tustin Transmission), as well as properties to the
west including the Marshall's shopping center. The intent in the
vicinity of Newport Avenue and E1 Camino Real is to create gateway
projects which will attract new and desired uses and activity for
Old Town Tustin and act as an image enhancing entry gateway to the
City and Newport Avenue from exits at the I-5 (Santa Ana) Freeway.
The proposed drive-thru restaurant will be able to function
sufficiently as discussed in the Traffic Impact Report and will be
~rchitecturally consistent with the design of the center. However,
in any event, the proposed use will reinforce the auto oriented
uses along the Newport Avenue commercial corridor. The issues that
the City has been facing in the southwest portion of the City
related to loitering and vandalism may be e×pected at this location
due to the close proximity w~th the High School on E1 Camino Real.
In 1988, the Planning Cpmmission adopted policy guidelines to be
used in reviewing applications for outdoor seating areas
(Attachment A). The criteria included in the guidelines is
discussed below as they apply to this project.
1. Alcoholic Beveraqe Sales The applicant does not propose
selling alcoholic beverages.
Conformance to Parkinq Requirements - Based upon the proposed
site plan and parking requirements, the proposed restaurant of
900 square feet and 30 seats would require 13 parking spaces
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 8
3 o
which have been provided. However, while the proposed plans
note that 30 seats would be provided, the site plan
illustrates ten tables. The proposed details for the tables
(Attachment B) indicate that the tables seat up to 8 persons
which would result in up to 80 seats. Condition No. 4.1 has
been included in Resolution No. 3279 to limit the amount of
outdoor seating to 30 seats. For the purposes of calculating
the amount of seating, each 18 inches of bench length would
equal one seat.
Clean Up Facilities - The applicant would be required to
provide trash receptacles to serve the outdoor seating area.
Condition No. 3.16 has been included in Resolution No. 3279 to
require trash receptacles to be provided in the outdoor
seating area with the design of the trash receptacles to be
compatible with the design of the center, subject to final
approval of the Community Development Director. In addition,
the area shall be cleared of litter and food on a daily basis.
Desiqn Compatibility - The proposed tables and chairs do not
block vehicular or pedestrian flow as they will be located
within the proposed patio area. The tables and chairs are
proposed to be smooth tan concrete. The design of the tables
and chairs is intended to provide durable materials that can
be easily cleaned and maintained, and to provide an attractive
appearance compatible with the existing design of the center.
Location to Sensitive Uses - The proposed outdoor seating area
is located on the northerly side of Building C in the
southwest corner of the proposed center. As previously
mentioned, the guidelines suggest that any outdoor seating
within 600 feet of a public school should be designed with
particular consideration of school children and access. The
patio area is open on all sides and free of any barriers.
Access to the patio area does not require entrance into the
restaurant as there are no public portions on the building
that would be accessible to the general public, other than the
restrooms. The %;est~rly edge of Tustin High School is located
within approximately 540 feet of the outdoor seating area. In
addition, suggested standard condition 11 in the guidelines
require the outdoor seating to be a minimum of 200 feet from
residential uses. The existing residents to the north across
the alley would be located approximately 165 feet from the
patio (as the crow flies). However, the patio would be
approximately 210 feet in a walking path around Building A
from the nearest resident. Therefore, standard condition 11
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 9
in the guidelines has not been included in the Conditional Use
Permit conditions of approval.
Standard Conditions - The Policy Guidelines include a list of
typical conditions of approval relating to outdoor dining.
The conditions relating to parking conformance, trash
receptacles, clean-up, lighting and use restrictions, except
as otherwise indicated above, have been incorporated into the
attached Resolution No. 3279.
Pet Stor~
As previously mentioned, a pet store (Petco) is proposed to be
located in Building A and would occupy approximately 9,000 of the
11,472 square foot building. The proposed pet store would include
live animals, such as dogs, cats, small reptiles and fish. The
store would also include a full range of pet supply and care
products. The County of Orange Animal Control Division is
responsible for the licensing and monitoring of all pet stores
which involve the sale of live animals. Conditions of approval
have been included in Resolution No. 3279 to require the tenant to
obtain and maintain continued compliance with any and all
requirements of the Animal Control Division. Other conditions have
been included which would prohibit the use of required parking
areas for animal training classes or outside displays or sales,
except in conjunction with a special event that may be approved
c '
onslstent with City policy.
Neither Animal Control nor Great Western Reclamation, the City's
trash hauler, have any specific requirements regarding the
treatment of animal waste or the disposal of animal remains.
According to Animal Control, animal waste and animal remains are
typically disposed of in the normal trash which would then be
removed by the City's trash hauler. In order to avoid a potential
nuisance with odor, a condition has been included in the attached
Resolution No. 32?9 that all animal waste or dead animals be placed
in air tight plastic bag~ prior to dispcsing of such in the trash
bins which serve the center.
Master Siqn Plan
The applicant is proposing a Master Sign Plan for the entire
center. The proposed plans indicate that tenant business signs
would be internally illuminated channel letters with possible
colors of red, blue or green. These signs would be required for
Buildings A and B. Building C proposes sign cans. All sign areas
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 10
for the primary business identification would be consistent with
the Sign Code which would allow a maximum of 15 percent of the
storefront elevation up to a maximum of 75 square feet.
Pursuant to City Code Section 9403h2(e) a Master Sign Plan may
deviate from the specific standards for business identification
with the approval of a Conditional Use Permit, provided that the
center is a single development project of at least 30,000 square
feet of floor area or 1 acre in size. The subject property is 1.92
acres in size. The primary deviations from the City's Sign Code
are to:
1. Increase the amount of secondary and supplemental signs on
Building A for the pet store from 25 percent of the allowed
signage to approximately 40 percent of allowed signage; and
2. Authorize three center identification signs where two would be
allowed to accommodate the thematic corner treatment garden
wall.
The Sign Code would allow one (1) primary business identification
sign of up to 75 square feet and two (2) secondary business
identification signs of up to 25 square feet each. The pet store
tenant would be allowed up to 125 square feet of aggregate sign
area. In addition, the definition of supplemental signs would
allow no more than 25% of the total allowable sign area to be
devoted to supplemental signs. Based on this definition, a primary
sign of 75 square feet could have up to 18.75 square feet devoted
toward supplemental copy. A total of 6.25 square feet could be
considered supplemental copy of the 25 square foot secondary signs.
The proposed tenant has identified total primary sign area to be
located on the south elevation of Building A which would read
"Petco, Pet Food, Supplies & Fish" and would measure approximately
65 square feet, consistent with the maximum allowable area of 75
square feet. However, approximately 45 square feet is comprised of
supplemental copy (Pet F~od, Supplies & Fish) which exceeds the
allowable area of 18.75 square feet by 40 percent.
Secondary copy is identified on the west elevation of Building A
which would read "Petco, Supplies & Fish" and would measure
approximately 49 square feet which exceeds the maximum secondary
sign copy of 25 square feet and the supplemental copy of 6.25
square feet. However, the proposed deviations for the increase in
supplemental signs would not exceed the total amount of sign area
that could be permitted for ~he tenant space when considering the
allowed amount of primary and secondary signs together. The total
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 11
sign area for both the primary and secondary sign area on the south
and west elevations would total approximately 114 square.feet which
is less than the maximum allowable of 125 square feet of sign area
which could be permitted and therefore would comply as close as
practical to the Sign Code.
The Sign Code allows center identification in the form of one (1)
75 square foot monument sign, 6 feet in height, per street
frontage. Individual tenant identification may be included on the
monument sign provided it does not exceed 6 square feet. The
applicant is proposing one (1) six foot high, 72 square foot
monument sign to be located on Newport Avenue, south of the
proposed driveway entrance, and one (1) on E1 Camino Real east of
Building C. The sign area and copy would be consistent with the
requirements of the Sign Code. The applicant has proposed a third
center identification sign which would read "Newport Camino Plaza
Tustin" and would be located on the radius garden wall at the
intersection of Newport Avenue and E1 Camino Real. The additional
center identification sign on the corner intersection treatment
would provide consistency with the Tustin Plaza center across
Newport Avenue which also includes center identification consistent
with the Tustin Plaza Master Sign Plan, thereby providing center
identification and complying as close as practical with the Sign
Code.
Several smaller freestanding directional and menu boards are
proposed to be located in the vicinity of the' drive-thru lanes.
The menu boards are proposed to be approximately 7 feet in height.
The directional signs are proposed to be approximately 3 feet in
height. The signs would generally be located in planter areas and
would be screened with landscape material. A condition has been
included to require the finish materials, including the base, of
these menu boards and directional signs to be architecturally
consistent with the architecture of the center. In addition, a
condition has also been ad~ed to reduce the overall height of the
menu boards to not exceed 6 feet in height, consistent with the
maximum height permitte~ for a monument sign. As previously noted,
additional conditions have been included to provide illuminated
"Pedestrian Crossing" signs at various locations along the drive-
thru lanes.
ARCHITECTURAL DESIGN
The proposed architectural style is a contemporary interpretation
of Mediterranean styles which would be consistent with the existing
office development across Newport Avenue to the west. Buildings A
Planning Commission Report
~ 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 12
and B are each proposed to have main parapet heights of
approximately 22 feet with tower elements extending to 29 feet in
overall height. Building C is proposed to be approximately 17'-4"
in overall height. Tower elements are proposed on the northwest
and southwest corners of Building A oriented toward Newport Avenue,
as well as the southeast corner oriented toward E1 Camino Real.
Tower elements are proposed on the southeast and southwest corners
of Building B oriented toward E1 Camino Real. Pedestrian arcades
are proposed on the south and west elevations of Building A and the
west elevation of Building B. All buildings include architectural
details such as cornice and keystone treatments on the parapets and
arches of the tower elements, stone veneer columns, stucco walls
and tile roofs. Building C includes a drive-thru canopy which
includes the use of stone veneer columns and stucco cornice beams.
Additional ceramic tiles are proposed to accent the side and front
elevations of Building C.
Parking lot lighting has been proposed which would need to comply
with the city's Security Ordinance. Conditions have been included
in the attached Resolution No. 3279 to ensure that the lights do
not have an impact on the surrounding properties, and that the
design of the light fixtures and bases are compatible with the
design of the center.
The proposed color palette includes the use of an off-white stucco
color with taupe storefront mullions. The stone veneer columns are
proposed to be beige. Keystone accent details would be tan. The
accent tile for Building C is proposed to be red. The roof tiles
include a three color blend ranging from tan to terra cotta. The
material sample boards will be available for Commission review at
the June 13, 1994 meeting.
LANDSCAPE/HARDSCAPE
While a concept landscaping plan has been prepared, the plan is
general in nature as to the specific location, size, quantities and
materials that will be 'used. Final precise landscaping and
irrigation plans are required at the plan check stage.
The conceptual landscaping plan includes a plant palette consisting
of project entry trees of 20', 25' and 30' Mexican Fan Palms
consistent with the palm treatment at the office development across
Newport Avenue to the west. Parking lot trees include Carrotwood
and Fern Pine. Queen Palms and Italian Cypress are proposed to be
located in front of the columns on Buildings A and B at the
storefronts. A variety of shrubs and ground covers are proposed
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 13
throughout the project and
Hawthorn, Bird of Paradise,
and turf.
include
Gazania,
Red Hibiscus., Lantana, India
Oleander, Lily of the Nile,
A landscaped thematic intersection treatment is proposed at the
corner of Newport Avenue and E1 Camino Real. The proposed
treatment includes the use of interlocking pavers within the public
right-of-way which would match the paver treatment used throughout
Old Town Tustin. A low radius garden wall approximately 4 foot
high with 5 foot high pilasters is proposed behind the sidewalk
area to provide 12 feet of landscaping at the deepest point. The
proposed wall and landscaping treatment would be consistent with
the existing corner treatment on the northwest corner of Newport
Avenue and E1 Camino Real. As previously discussed, the applicant
is proposing to include a center identification sign on the wall
element.
Additional hardscape treatments include the use of exposed
aggregate concrete and heavy salt finish concrete in the storefront
arcades. The restaurant patio area would include integral color
(Quarry Red) scored concrete in a 5 foot wide grid with a sandblast
finish in a checkerboard pattern. Sidewalks and planters have been
provided at the rear of Buildings A and B to ensure proper access,
as well .as a buffer for the adjacent residents.
Parking lot screening along Newport Avenue and E1 Camino Real is
proposed to be approximately 12 feet in width and includes a 2 foot
earthen berm with a 1'-6" hedge row to provide an overall screen of
3'-6". Landscape screening of the drive-thru lane from Newport
Avenue and E1 Camino Real is proposed to be approximately 15 feet
in width and includes a 2 foot earthen berm with a 1'-6" hedge row
to provide an overall screen of 3'-6".
ENVIRONMENTAL ANALYSIS
A Negative Declaration has been prepared for this project. The
attached Initial Study discusses numerous impact categories and
appropriate mitigation'measures, including the issues discussed
above. Based upon this review, staff has determined that any
potential impacts can be mitigated to a level such that no
significant impacts would occur for this project. If the Planning
Commission wishes to approve the project, identified mitigation
measures are included'as Conditions of Approval in Resolution Nos.
3279 and 3280 for tke project. With this information in mind, the
Commission must firs~ certify the Negative Declaration as adequate
pursuant to the provisions of the California Environmental Quality
Act, if they wish t~ approve the project.
Planning Commission Report
VTT 14914, CUP 94-003 and DR 94-005
June 13, 1994
Page 14
CONCLUSIO~
If the Planning Commission wishes to approve the project, a list of
conditions of approval has been included in the attached Resolution
Nos. 3279 and 3280. Outside of specific issues discussed in this
report, conditions of approval would be standard conditions
required by either the Municipal Code, the California Environmental
Quality Act, the Subdivision Map Act or requirements of City
Departments or outside reviewing agencies. In the event the
Commission wishes to provide any alternate direction other than
approval, staff
requested.
Daniel Fox,' AICP
Senior Planner
will be prepared to provide resolutions as
Christine A. Shingleto~
Director of Community Development/
Assistant City Manager
CAS:DF:br/TT14914
Attachments:
Location Map
Tentative Tract Map 14914
Site Plan/Elevations
Initial Study
Attachment A - Outdoor Seating Guidelines
Attachment B - Patio Furniture Detail
Resolution Nos. 3278, 3279 and 3280
CITY COUNCIL RESOLUTIONS
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RESOLUTION NO. 94-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR VESTING TENTATIVE TRACT MAP 14914
INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
The city Council finds and determines as follows:
The request to approve Vesting Tentative Tract Map
14914 is considered a "project" pursuant to the
terms of the California Environmental Quality Act.
A Negative Declaration has been prepared for this
project and has been distributed for public review.
Whereby, the Planning Commission and the City
Council of the City of Tustin have considered
evidence presented by the Community Development
Director and other interested parties with respect
to the subject Negative Declaration.
The Planning Commission and City Council have
evaluated the proposed final Negative Declaration
and determined it to be adequate and complete.
II.
A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The city
Council, having final authority over Vesting Tentative
Tract Map 14914 has received and considered the
information contained in the Negative Declaration, prior
to approving the proposed project, and found that it
adequately discussed the environmental effects of the
proposed project. The City Council has found that the
project involves no potential for an adverse effect,
either individually or cumulatively, on wildlife
resources and makes a De Minimis Impact Finding related
to AB3158, Chapter 1206, Statutes of 1990. On the basis
of the initial study an~ comments received during the
public review process, the city Council has found that,'
although the proposed projects could have a significant
effect on the environment, there will not be a
significant effect on it in this case because mitigation
measures identified in the Negative Declaration have been
incorporated into the project which mitigate any
potential significant environmental effects to a point
where clearly no significant effect would occur and are
identified in Exhibit A to the attached Negative
Declaration and initial study and are adopted as findings
and conditions of Planning Commission Resolution Nos.
3279 and 3280, incorporated herein by reference.
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Resolution No. 94-75
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 5th day of July, 1994.
THOMAS R. SALTARELLI
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTy OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 94-75
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 94-75 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 5th day of July, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
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RESOLUTION NO. 94-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING VESTING TENTATIVE TRACT MAP NO.
14914.
The City Council of the city of Tustin does hereby resolve as
follows:
I. The city Council finds and determines as follows:
That Vesting Tentative Tract Map No. 14914 was
submitted to the City Council by Donley-Bennett
Architects for consideration.
That a public hearing was duly called, noticed and
held for said map on June 13, 1994, by the Planning
Commission and on July 5, 1994 by the City Council.
That a Negative Declaration has been prepared in
accordance with the provisions of the California
Environmental Quality Act for the subject project.
That the proposed subdivision is in conformance
with the Tustin Area General Plan and Subdivision
Map Act as it pertains to the development of
commercial property.
That Vesting Tentative Tract 14914 would not have
an impact on School District facilities.
That the site is physically suitable for the type
of development proposed.
Go
That the site is physically suitable for the
proposed density of development.
That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
That the design of the subdivision or the type of
improvements proposed, will not conflict with
easement acquired by the public at large, for
access through or use of the property within the
proposed subdivision.
That the design of the subdivision or the types of
improvement proposed are not likely to cause
serious public health problems.
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Resolution 94-76
Page 2
ii.
That the project has been reviewed for consistency
with the Air Quality Sub-Element of the City of
Tustin General Plan and has been determined to
consistent or has been conditioned to be consistent
with the Air Quality Sub-Element.
The City Council hereby approves Vesting Tentative Tract
Map No. 14914, subject to the conditions contained in
Exhibit A of Planning Commission Resolution No. 3280,
incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 5th day of July, 1994.
THOMAS R. SALTARELLI
Mayor
¥~RY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 94-76
F3~RY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing
Resolution No. 94-76 was duly and regularly introduced,
passed, and adopted at a regular meeting of the Tustin City
Council, held on the 5th day of July, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk