HomeMy WebLinkAboutRDA REDEV IRVINE BVD 01-15-90DATE: JANUARY -8f 1990'
TO: WILLIAM HUSTON, EXECUTIVE DIRECTOR
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
REDEVEL�IP ''�GENCY N0. 6
1-15-90
Inter - Com
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: REDEVELOPMENT OF THE NORTHEASTERLY CORNER OF IRVINE BOULEVARD
AND NEWPORT AVENUE
RECOMMENDATION:
That the Tustin Community Redevelopment Agency authorize staff to
proceed with a feasibility evaluation for Agency's participation in the
rehabilitation of the Chevron service station at the northwesterly
corner of Irvine Boulevard and Newport Avenue, including drafting a
memorandum of understanding defining basic terms for said participation.
BACKGROUND:
Recent discussions with Chevron, USA, City Council members, and staff
regarding the request for waiver of street dedication related to the
Chevron, USA development has surfaced a potential for financial partici-
--nation by the Agency for the redevelopment of the Chevron service
tation site at the northwesterly corner of Irvine Boulevard and Newport
avenue.
DISCUSSION:
In order for staff to evaluate the feasibility of any Agency financial
participation, it will be necessary to assemble and assess the following
information related to the site and Chevron's operation:
1. Value of the land required for street dedication.
2. Terms/conditions of Chevron's current lease with property owner.
3. Terms/conditions of any new lease that may result from the
redevelopment of the Chevron site.
4. Estimate of cost of interim site rehabilitation.
5. Estimate of cost of ultimate site rehabilitation.
6. Current annual gallons of fuel pumped prior to rehabilitation.
7. Projected annual gallons of fuel to be pumped after rehabilitation.
8. Projected sales tax and redevelopment tax increment associated with
interim vs. ultimate site improvements.
9. Based on the above information, a financial review of the net
operating income of the project as it relates to all parties
(i.e., owner, Chevron, tenant).
It is estimated that this evaluation would take approximately 90 days to
complete once all information is collected. The analysis would include
a comparison between the originally proposed interim on-site improvement
,osts and the ultimate site improvement costs if dedication of the
.ltimate right-of-way needs were made at this time. It would also
determine the potential level of Agency financial assistance that might
be necessary to facilitate total ultimate site rehabilitation.
REDEVELOPMENT OF NE'LY CORNER IRVINE BLVD./NEWPORT AVE.
JANUARY S. 1990
PAGE 2
If this approach is acceptable to the Agency, general terms for an
agreement with Chevron and the property owner would be brought back for
review by the Agency in the form of a Memorandum of Understanding (MOU).
The MOU would establish the accepted level of needed Agency assistance.
Once such an MOU is executed and approved by the Agency, staff would
prepare a legally binding Development Disposition Agreement.
Bob Ledendecker
Director of Public Works/City Engineer
A my
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DATE:
TO:
FROM:
SUBJECT:
JANUARY 15, 1990
REDEVELOPMENT AGENCY NO. 7
1-15-90
Inter - Com
COMMUNITY REDEVEL6PMENT AGENCY MEMBERS
COMMUNITY DEVELOPMENT DEPARTMENT
DESIGN REVIEW 89-68
RECOMMENDATION
It is recommended that the Redevelopment Agency:
1. Certify the Negative Declaration as adequate for the project
by adoption of Resolution No. 90-1, as submitted or revised.
2. Approve Design Review 89-68 by the adoption of Resolution 90-
2, as submitted or revised.
BACKGROUND
The applicant proposes to construct a 45,376 square foot retail
center, consisting of 31,616 square feet of general showroom,
10,244 square feet of general retail and a 3,516 square foot Carl's
Jr. Restaurant. The site is located in a PC -C Planned Community
Commercial zoning district which requires approval of a development
plan prior to development.
On January.8, 1990 the Planning Commission held a public hearing
on the project and approved the Conditional Use Permit subject to
conditions and recommended approval of the Design Review
application to the Community Redevelopment Agency subject to
conditions.
ANALYSIS
The project is in the South Central Redevelopment Agency and the
properties (11 separate parcels) will be assembled without
Redevelopment Agency assistance. The Design Review Committee has
thoroughly reviewed the project and appropriate design features
and conditions have been suggested for the project.
Upon conducting the public hearing with the Planning Commission,
several issues were discussed and concerns were raised.
City Council Report
Design Review 89-68
January 15, 1990
Page 2
These issues and concerns are discussed further below:
1. Development Plan Review - The submitted development plan for
the project proposes construction of three buildings in Phase
I and one building in Phase II with combined square footage
of 45,376, divided into three types of intended uses - general
retail, showroom and a Carl's Jr. Restaurant. The overall lot
coverage on the site is 30%, with building setbacks on the
site proposed at a minimum of five feet along the northerly
property line (at the I-5 freeway) , a minimum of 65 feet along
Newport Avenue, ten feet along "B" Street. The Planning
Commission conditioned the project to increase the building
setback at the southwesterly property line abutting
residential uses to 18 inches. This increased area was to
provide architectural relief and allow landscape treatments
which will reduce the stark visual impact of the rear
elevation of Building D. A 10 foot landscaped strip is
proposed along Newport Avenue and a 5 foot strip along the I-
5 Freeway.
The first phase contains a Carl's Jr. Restaurant on the
northeast corner of the site, visible from both the I-5
Freeway and Newport Avenue and two general showroom buildings
approximately 230 and 150 feet long paralleling the I-5
Freeway. Both showroom buildings contain tower treatments
approximately 37' high for maximum freeway exposure. The
entrances to these buildings are located on the parking lot
elevations facing the residential uses to the south.
The second phase of the project contains one general retail
building approximately 150 feet long paralleling Newport
Avenue. This building contains similar, smaller tower
treatments approximately 25 feet high.
Parking areas for the proposed project are located adjacent
to public streets and immediately adjacent to the site. The
project proposes to provide a total of 199 parking spaces,
which includes 158 full size spaces, 8 handicapped spaces and
33 compact spaces. Parking is proposed at a ratio of 1
parking space per 250 square feet of gross floor area for
general showroom space and retail space; 1 parking space per
500 square feet for the mezzanine/storage area; and 1 parking
space for every three seats for Carl's Jr.
The primary entry and exit points for the project will be
Community Development Department
City Council Report
Design Review 89-68
January 15, 1990
Page 3
provided by two 25 foot wide driveways along Newport Avenue
and a 25 foot wide driveway proposed along "B" Street. To
ensure on-site circulation conflicts, the applicant shall meet
with the Traffic Engineer to finalize the number and placement
of on-site directional signs. The applicant will be
responsible for upgrading the signal at Newport and Mitchell.
This includes the installation of exclusive left turn phasing
on to Newport Avenue as well as necessary inter -connect
equipment to tie into the City's computer signal system.
The project is located in an area where both the cities of
Tustin and Santa Ana have concurred that area -wide
transportation system improvements are necessary as a result
of area wide project development. See initial study for
further discussion regarding area wide transportation
improvements.
2. Architecture - The project is being developed in accordance
with an architectural theme and treatments outlined in a
Memorandum of Understanding previously executed between CMS
Development and the Tustin Community Redevelopment Agency.
The objectives of the MOU include the following:
(1) The site shall be designed as an integrated project in
which the buildings will achieve architectural excellence
both individually as well as their integration into the
project as a whole.
(2) The architecture shall include elements of the Early
California or Mediterranean style. Particular attention
will be paid to massing, scale, colors and materials.
(3) Placement of structures along Newport Avenue shall
provide for visual "windows" into the site from Newport
Avenue while providing active use at the street level.
(4 ) Improvements at Newport Avenue at the I-5 Freeway of framp
shall provide visual interest as a major gateway to the
site by providing a major design element or focal point.
(5) The design of the site shall encourage active
participation by pedestrians by providing suitable and
attractive amenities throughout the site.
Community Development Department
City Council Report
Design Review 89-68
January 15, 1990
Page 4
CONCLUSION
In keeping with the Planning Commission directive, staff suggests
that the Redevelopment Agency certify the Negative Declaration as
being adequate and approve Design Review 89-68.
A� t
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nth Schoemann
Associate Planner
CAS:BS:kbc
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Ohrstine S#11 n ag 1 et o n
Director of C munity Development
Attachments: Exhibit A - Planning Commission Staff Report and
Resolutions
Site Plan and Elevations
Negative Declaration and Initial Study
Resolution No. 90-1
Resolution No. 90-2
Community Development Department
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RESOLUTION NO. RDA 90-1
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE
NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN REVIEW
89-68, INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Community Redevelopment Agency of the City of Tustin does
hereby resolve as follows:
I. The Redevelopment Agency finds and determines as follows:
A. Design Review 89-68 is considered a "project"
pursuant to the terms of the California
Environmental Quality Act.
B. A Negative Declaration has been prepared for this
project and has been distributed for public review.
C. Whereby, the Redevelopment Agency of the City of
Tustin has considered evidence presented by the
Community Development Department and other
interested parties with respect to the subject
Negative Declaration.
D. The Redevelopment Agency has evaluated the proposed
Negative Declaration and determined to be adequate
and complete.
II. Negative Declaration has been completed in compliance
with California Environmental Quality Act and State
guidelines. The Redevelopment Agency, having final
approval authority over the project, has received and
considered the information contained in the Negative
Declaration prior to approving the proposed project and
found it adequately discussed the environmental effects
of the proposed project. On the basis of the Initial
Study and comments received during the public review
process, the Redevelopment Agency has found that there
is no substantial evidence that there will be any
significant adverse environmental effects as a result of
the approval of the project 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 effects will occur.
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RDA Resolution No. 90-1
January 15, 1990
Page 2
The mitigation measures are identified in Exhibit A to
the attached Negative Declaration and Initial Study.
PASSED AND ADOPTED at a regular meeting of the Tustin
Redevelopment Agency, held on the 15th day of January, 1990.
MARY WYNN,
City Clerk
RICHARD B. EDGAR,
Redevelopment Chairman
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RESOLUTION NO. RDA 90-2
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A
DEVELOPMENT PLAN (DESIGN REVIEW 89-68) FOR A RETAIL
CENTER ON A SITE IN A PLANNED COMMUNITY COMMERCIAL
(PC -C) ZONING DISTRICT FOR THE PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT AVENUE AND THE I-
5 FREEWAY, 14041 NEWPORT AVENUE.
The Community Redevelopment Agency of the City of Tustin does
hereby resolve as follows:
I. The Redevelopment Agency finds and determines as follows:
A. That a proper application (Design Review 89-68) has
been filed on behalf of CMS Development requesting
approval of a development plan for a retail center
totaling 45,376 square feet located at 14041 Newport
Avenue on property legally described as Assessor
Parcel No.'s 402-371-1-5, 13, 21-25.
B. A public hearing was duly called, noticed and held
on January 8 and 15, 1990.
C. Pursuant to Section 9272 of the Tustin Municipal
Code, the Redevelopment Agency 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 Redevelopment Agency has considered at least the
following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Towers, roof structures, doors and windows.
6. Landscaping, parking area design and traffic
circulation.
7. Location, height and standards of exterior
illumination.
8. Location and method of refuse storage.
9. Relationship of proposed structures to existing
adjacent uses.
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RDA Resolution No. 90-2
January 15, 1990
Page 2
10. Appearance and design relationship of proposed
structures to existing structures and possible
future structures in the neighborhood.
11. Proposed signing.
12. Development guidelines and criteria as adopted
by the City Council.
II. The Redevelopment Agency conditionally approves Design
Review No. 89-68 authorizing the architectural style of
the subject retail center project subject to all
conditions contained in Exhibit A of Redevelopment Agency
Resolution No. 90-2.
PASSED AND ADOPTED by the Redevelopment Agency of the City of
Tustin at a regular meeting held on the 15th day of January,
1990.
MARY WYNN,
City Clerk
RICHARD B. EDGAR,
Redevelopment Chairman
EXHIBIT A
DESIGN REVIEW 89-68
CONDITIONS OF APPROVAL
RESOLUTION NO. RDA 90-2
nVTJ WDIA T.
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 12, 1990
on file with the Community Development Department, as herein
modified, or as modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. Submitted plans constitute the approved development
plan and, except as modified herein, shall not be modified
without prior approval of an amendment to this Use Permit.
(1) 1.2 Unless otherwise specified, all conditions contained in this
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 Parking for the proposed retail center shall be maintained as
(2) follows:
1 parking space per 250 square feet of general
showroom/general retail space.
° 1 parking space per 500 square feet of mezzanine/storage
space.
1 parking space per 3 seats for restaurant uses space.
*** 1.4 The site plan shall be modified to delete any reference to the
placement or construction of the pole sign.
SOURCE CODES
(1) STANDARD CONDITION (5) SPECIFIC PLAN
(2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT
(3) UNIFORM BUILDING CODE(S) (7) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (8) PC/CC POLICY
*** EXCEPTION*
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 2
*** 1.5 The applicant shall execute and file an agreement with the
(1) Public Works Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
*** 1.6 The applicant shall submit a Tentative Parcel Map to be
reviewed by the Community Development Department approved by
the Planning Commission and City Council, prior to issuance
of any building permits for the project.
(1) 1.7 The applicant shall execute and file an agreement to be
*** reviewed by the Community Development Department providing
joint access agreements throughout the project site.
*** 1.8 In the event that, through private negotiations, the project
site configuration includes the Headache Treatment Center a
reciprocal access agreement will be required. In addition,
once there are improvements made to the Headache Treatment
Center property that would require a building permit street
improvements along Mitchell will be required.
(1) 1.9 The applicant shall submit plans delineating any existing or
*** future easements on the project site. All said easements
shall be shown on the Tentative Parcel Map.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A. 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. Plans should reflect architectural details and
elevations for all structures, walls, mechanical
equipment enclosures, trash enclosures and any other
construction level drawings necessary to accurately
reflect all proposed construction.
(2) B. Preliminary technical detail and plans for all utility
(3) installations including cable TV, telephone, gas, water
and electricity. Additionally, a note on plans shall be
included stating that no field changes shall be made
without corrections submitted to and approved by the
Community Development Department.
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 3
(2) C. Final grading and specifications consistent with the
(3) site plan and landscaping plans and prepared by a
registered civil engineer for approval of the Community
Development Department.
(2) D. A precise soils engineering report provided by a soils
(3) engineer prepared within the previous twelve (12) months.
(3) E. Provide technical drawings for electrical, plumbing and
mechanical installation.
(1) F. Presentation of a sedimentation and erosion control plan
for all construction work related to the subject site
including a method of control to prevent dust and
windblown earth problems. The plan shall be reviewed and
approved prior to rough grading of the site.
(1) G. Information, plans and/or specifications to ensure
(6) satisfaction of all Public Works Department requirements
including but not limited to:
(6) 1. Dedication of all required street vehicular access
*** rights, sewer easements and water easements defined
and approached as to specific location by the City
Engineer and other responsible agencies.
(6) 2. The construction of any new on-site fire hydrants
*** will require a detector check within an easement per
City Standard No. 129. A legal description and
sketch of the easement areas along with a copy of
the latest vesting for this property shall be
submitted to the Engineering Division for review and
preparation of an easement deed. Said deed must be
executed by the property owner prior to any
approvals/permits from the Engineering Division.
(1) 3. Construction or replacement of all missing or
(2) damaged public improvements will be required and
shall include but not be limited to the following:
a. Curb and gutter
b. Sidewalk
C. Wheelchair ramp
d. A.C. pavement
e. Street lights
.ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 4
04
h.
Domestic water service
Fire hydrant/fire service (if required by O.C.
Fire Marshal)
Sanitary sewer lateral
(1) 4. Separate street improvement plans (24" x 36" sheet)
are required for all work within the public right-
of-way and all construction items referenced to the
City Standard drawing number.
(1) 5. Applicant shall be responsible for pavement markings
*** along Newport Avenue to accommodate the
channelization. All pavement marking will be
subject to review and approval by the City Engineer.
* 6. Prior to occupancy, the applicant shall meet with
�) the City Traffic Engineer to finalize the number and
placement of on-site directional signs.
*** 7. Prior to occupancy, the applicant shall upgrade the
(216) signal at Newport and Mitchell. This includes the
installation of exclusive left turn phasing on
Newport Avenue as well as necessary inter -connect
equipment to tie into the City's computer signal
system.
*** 8. All project driveways shall be designed using a
(2,6) 15 foot curb radius.
*** 9. All curb areas within the site not part of parking
(2,6) stall design shall be painted red.
(1) 10. Clear sight triangles 20' x 20' shall be maintained
at each access drive. In particular, no landscaping
signs or vegetation between 3' and 8' above the
gutter line shall be installed.
(6) H. The applicant shall comply with all requirements of the
Orange County Fire Marshal, including required fire flow,
installation where required of fire hydrants subject to
approval as to location by the Fire Department, City of
Tustin Public Works Department, Tustin Water Works and
compliance with all requirements pertaining to
construction as follows:
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 5
1. Prior to issuance of building permits for
combustible construction, evidence that adequate
water supply and operational fire hydrants are
available for fire protection shall be submitted and
approved by the Orange County Fire Marshal. The
applicant shall also submit water improvement plans
for approval of the Fire Marshal.
2. All required Orange County Fire Department signs
shall be posted and designed in accordance with the
Orange County Fire Department requirements.
3. Prior to the issuance of any building permits, plans
for commercial fire extinguishing system shall be
approved by the Fire Chief. Such systems shall be
operational prior to the issuance of a certificate
of use and occupancy.
4. Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency
vehicle access for the number of dwelling, units
served.
5. Prior to the issuance of any certificates of use and
occupancy, the fire lanes shall be red curbed and
posted "No Parking -Fire Lane" as per 1985 Uniform
Building Code Section 10.207 in a manner meeting the
approval of the County Fire Chief. (CM7-28II)
*** 2.2 Any underground gasoline tanks shall be removed and any toxic
(2) soils or substances removed from the site in accordance with
the County of Orange Hazardous Materials Division
requirements, prior to issuance of building permits.
(1) 3.1 All construction operations including engine warm up shall be
(2) 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.
ib it A
RDA Resolution No. 90-2
January 15, 1990
Page 6
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be
made of all required fees including:
A. Tentative Parcel Map
B. Major thoroughfare and bridge fees to Tustin Public Works
Department.
C. Sanitary sewer connection fee to Orange County Sanitation
District.
D. Grading plan checks and permit fees to the Community
Development Department.
E. All applicable Building plan check and permit fees to the
Community Development Department.
F. New development fees to the Community Development
Department.
G. School facilities fee to the Tustin Unified School
District.
H. Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin -Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
SITE AND BUILDING CONDITIONS
(1) 5.1 All improvements, materials and colors shall substantially
(4) conform to the approved plans, date stamped January 8, 1990
any changes shall be subject to review and approval of the
Director of the Community Development Department. All
exterior treatments must 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.
(4 ) 5.2 The actual finished textures shall be subject to review and
approval of the Community Development Department.
(" 5.3 The exact color and stucco finish to be utilized on exterior
( building walls, and the color on window frames shall be
subject to approval of the Director of Community Development.
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 7
The Community Development Department would suggest darkening
the sand finished plaster accent color.
(1) 5.4 Note on 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.
(1) 5.5 All mechanical and electrical fixtures and equipment shall be
(4) 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 the
buildings. All telephone and electrical boxes shall be
indicated on the building plans and shall be completely
screened. Electrical transformers shall be located toward the
interior of the project maintaining a sufficient distance from
frontage of the project and shall not be located in any
landscaping setback and adjacent to street.
(1) 5.6 Submit detail for all on-site walls to be constructed by
(4) developer. Show type of wall cap and color, exterior
materials and decorative treatment of all exposed walls. Said
walls shall be consistent with main building treatments and
have a round, decorative cap. Design of walls/fences shall
be subject to final approval of the Community Development
Department and should be consistent with main building
treatments.
(1) 5.7 Provide additional details on lighting scheme for project.
(3) Note final locations of and intensity of all exterior lights.
(4) All lighting fixtures shall be located or designed so to
direct rays of light so they do not shine on adjacent
properties. Show lighting to be installed on buildings.
(4) 5.8 Provide structural details, colors and materials for block
trash enclosure walls. The trash enclosures shall be
architecturally treated to match the buildings and shall have
solid metal gates.
(1) 5.9 All roof drains shall be internal and not visible on building
(4) elevations. All roof drains shall be designed so that run-
off is properly drained into concrete swales.
5.10 Note on plans that utilities serving site to be underground.
Show all above ground locations for meters, transformers,
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 8
manifolds and details for screening. Transformers shall not
be permitted within required setback areas. Remove all
existing overhead utilities exclusively serving site.
(1) 5.11 A revised, detailed project sign program including design,
(3) location, sizes, color and materials shall be submitted for
review and approval by the Department of Community
Development. The sign program shall include project
identification, addressing and directional signs to direct
autos to proper access, parking and loading and include any
traffic restrictions. Traffic and secondary signs shall be
standard sizes and utilize decorative metal posts. All signs
shall be in accordance with the Tustin Sign Code and subject
to the proper permit requirements.
5.12 Any mailbox detail shall indicate color and exterior treatment
and design shall be consistent with exterior building design
subject to approval of the Community Development Department
and the Postal Service.
5.13 Note on plans that no outdoor storage is permitted except as
approved by the City of Tustin Community Development Director.
5.14 Note on plans that Buildings C and D should show areas on the
site plan for 12' x 25' loading areas.
5.15 Provide truck turning radius details on technical plan.
5.16 Provide de -tails to be reviewed and approved by the Community
Development Department for soundproofing of drive-thru
speakers.
5.17 The Carl's Jr. drive thru lane shall show a minimum of 35'
clearance.
5.18 Indicate on floor plans a physical barrier to restrict public
access to the mezzanine level of Buildings A and B. The
mezzanine level shall never be used for general retail space.
5.19 Change Newport Avenue elevation of Carl's Jr. Restaurant to
include an eave to add depth and be more compatible with
overall design theme. Corrected plans shall be reviewed and
approved by the Community Development Department Director.
tbit A
R." Resolution No. 90-2
January 15, 1990
Page 9
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(7) 6.1 At final plan check a completely detailed landscape and
irrigation plan must be submitted for landscaping with
whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing
identification to plant materials in their actual location.
The plan and table must list botanical and common names,
sizes, spacing, actual location and quality of the plant
materials proposed. Show planting and berming details, soil
preparation, staking, etc. The irrigation plan shall show
location and control of backflow prevention devices, pipe
size, sprinkler type, spacing and coverage. Details for all
equipment must be provided. The Department of Community
Development may request minor substitutions of plant materials
or request additional sizing or quantity of materials during
plan check. Note on landscaping plan that coverage of
landscaping is subject to field inspection at project
completion by the Community Development Department.
(7 ) 6.2 The submitted landscaping plans at plan check must reflect the
following requirements:
a) Turf is unacceptable for grades over 25%. A combination
of planting materials must be used, ground cover along
on large areas is unacceptable.
b) Buffer driveway and parking areas with a 30" high minimum
landscaping berm, specifically along Newport Avenue.
C) Provide a minimum of one (1) 15 gallon size tree and 5
gallon size shrubs for every 30' of property line on the
property perimeter.
d) Landscape plan shall indicate one (1) 15 gallon size tree
provided for each 5 parking spaces within an open parking
area.
e) Shrubs shall be a minimum of 5 gallon size and spaced a
minimum of eight feet on center when intended as screen
planting.
-- f) Ground cover shall be planted between 8 and 12 inches on
center.
obit A
RUA Resolution No. 90-2
January 15, 1990
Page 10
g) A newly planted tree shall be staked according to City
standards.
h) Up along fences and/or walls and equipment areas provide
landscaping screening with shrubs, and or vines and trees
on the northerly facing building frontage.
i) Note on plans that all plant materials shall be installed
in a healthy vigorous condition typical to the species.
Also note that all landscaping must be maintained in a
neat and healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of diseased
or dead plants.
j) In irrigation areas, controller to be enclosed in
lockable housing. Design irrigation systems to provide
sufficient coverage as well as avoiding water overspray
on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
k) All landscaped planters shall be contained by a minimum
6" high concrete curb.
* 6.3 Indicate details, colors, textures and materials for all
paving and exterior walkways. Provide entry driveway
treatments to enhance entrances to project utilizing colored
interlocking pavers. Brick treatments should also be designed
and integrated into exterior walkways on the project site (not
in the public right-of-way) to create a reinforced pedestrian
corridor that is more decorative. Concrete utilized on the
walkways shall be integrally colored to improve appearance
over time.
6.4 The landscape plan for the project shall be modified to
incorporate the conditions contained and as follows:
a) Major points of entry to the project and internal
pedestrian circulation routes shall receive specimen
trees to create an identification theme for the project.
b) Please note that large scale buildings shall be
complimented by appropriately scaled landscaping. Please
provide an upgrade of the palm species type to compliment
the large scale buildings.
ibit A
RDA Resolution No. 90-2
January 15, 1990
Page 11
C) Steel pipe guards shall be decorative and subject to
approval of the Community Development Department as to
location and design.
d) Further reinforce separated pedestrian circulation
systems from traffic circulation systems by the use of
decorative pavement treatments and landscaping.
e) Further enhance and signify the project entryway. As the
entry is the focal point of the site, larger tree
treatments shall be provided with a variety of color as
well as incorporation of special elements such as water
etc.
f) Further enhance column treatments under arcades by adding
-- planters containing greenery and flowers to soften the
pedestrian walks.
6.5 Secure a maintenance agreement with Cal Trans for the
landscaping setback along the I-5 Freeway.
.effort to the
Planning Commission
DATE: JANUARY 81 1990
Item #8
SUBJECT: DESIGN REVIEW 89-68, CONDITIONAL USE PERMIT 89-47
APPLICANT/
OWNER: CODY SMALL
CMS DEVELOPMENT
3199 A-3 AIRPORT LOOP DRIVE
COSTA MESA, CA 92626
LEGAL
DESCRIPTION: ASSESSOR'S PARCEL # 402-371-1-51 13, 21-25 AND MORE
SPECIFICALLY AS LOT 11 2 AND 3 OF THE NEWPORT AVENUE
TRACT; A PORTION OF LOT A OF TRACT 541; A PORTION
OF LOT 15 IN BLOCK D OF BALLARD'S ADDITION; LOT 1
OF TRACT 519; AND A 3' PORTION OF B STREET
PREVIOUSLY ABANDONED; ALL PARCELS ARE SHOWN ON
MISCELLANEOUS MAPS AND RECORDS IN THE OFFICE OF THE
COUNTY RECORDER.
LOCATION: 14041 NEWPORT AVENUE AT THE I-5 FREEWAY
ZONING: PC—COMM. — PLANNED COMMUNITY COMMERCIAL
ENVIRONMENTAL
STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS
PROJECT
REQUEST: TO CONSTRUCT A 45,376 SQUARE FOOT RETAIL CENTER WITH
CARL'S JR. ON A 3.11 ACRE PARCEL AT THE SOUTHWEST
CORNER OF NEWPORT AVENUE AND THE I-5 FREEWAY.
REQUESTING APPROVAL OF THE DEVELOPMENT PLAN, DESIGN
REVIEW AND USE PERMIT.
RECOMMENDATION
It is recommended that the Planning Commission:
1. Certify the Negative Declaration as adequate for the project
by adoption of Resolution No. 2730, as submitted or revised;
2. Approve Design Review 89-68 by the adoption of Resolution No.
2732, as submitted or revised; and
Communitv Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 2
3. Approve Use Permit 89-47 by adoption of Resolution No. 2731,
as submitted or revised, also denying the 50' pole sign.
BACKGROUND
The applicant proposes to construct a 45,376 square foot retail
center, consisting of 31,616 square feet of general showroom,
10,244 square feet of general retail and a 3,516 square foot Carl's
Jr. Restaurant on an irregularly shaped 3.11 acre site (please
refer to vicinity map). The site is located in a PC -C, Planned
Community Commercial zoning district which requires approval of a
Conditional Use Permit prior to development. Staff is also
requesting Planning Commission concurrence of its Design Review
action on the subject project.
The subject site is bounded by multi -family residential uses to the
south, single family residential uses to the west, commercial uses
to the north and to the southeast. There is an .existing commercial
use (Headache Treatment Center) to the south of the project site,
on the corner of Newport Avenue and Mitchell. The project site
consists of 11 separate parcels. These lots currently contain
existing houses, an abandoned Texaco station and the Alta Dena
Dairy all of which will be removed to construct the proposed
project._ -It was the desire of the City Council to see these
properties developed as a package in a comprehensive manner.
Reinforcing this desire, the Planning Commission adopted guidelines
for review of development proposals in the PC -C zoning district by
Resolution 2411 as follows:
A. Consolidation of lots shall be incorporated wherever feasible;
B. Development of single parcels at the expense of limiting
future potential development of other parcels in the same
district which are adjacent to the area being considered,
shall be discouraged; and
C. The intent of the development plan shall be to allow maximum
visibility and accessibility of all parcels in the same
district which are adjacent to the property being considered;
and;
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 3
D. Development plans proposed for Planned Community Commercial
properties should incorporate uses which contribute to the
General Fund wherever possible.
The public hearing notice for this project was advertised in the
Tustin News. Additionally, notices were mailed to property owners
within a 300' radius of the site.
ANALYSIS
Staff has reviewed the project and certain issues and highlights
of the project are discussed in detail below:
1. Development Plan Review: Because the PC -C district does not
establish specific site development standards, a Conditional
Use Permit is required prior to construction of any
development. This Use Permit is for the purpose of
establishing a master development plan which creates the
zoning standards for the site.
The submitted development plan for the project proposes
construction of three buildings in Phase I and one building
in Phase II with combined square footage of 45,376, divided
into three types of intended uses - general retail, showroom
and a Carl's Jr. Restaurant. The overall lot coverage on the
site is 30%, with building setbacks on the site proposed at
a minimum of five feet along the northerly property line (at
the I-5 freeway), a minimum of 65 feet along Newport Avenue,
ten feet along "B" Street and 6 inches along the southwesterly
property line abutting the residential uses. A 10 foot
landscaped strip is proposed along Newport Avenue and a 5 foot
strip along the I-5 Freeway.
The first phase contains a Carl's Jr. Restaurant on the
northeast corner of the site, visible from both the I-5
Freeway and Newport Avenue and two general showroom buildings
approximately 230 and 150 feet long paralleling the I-5
Freeway. Both showroom buildings contain tower treatments
approximately 37' high for maximum freeway exposure. The
entrances to these buildings are located on the parking lot
elevations facing the residential uses to the south.
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 4
The second phase of the project contains one general retail
building approximately 150 feet long paralleling Newport
Avenue. This building contains similar, smaller tower
treatments approximately 25 feet high.
Parking areas for the proposed project are located adjacent
to public streets and immediately adjacent to the site. The
project proposes to provide a total of 199 parking spaces,
which includes 158 full size spaces, 8 handicapped spaces and
33 compact spaces. Parking is proposed at a ratio of 1
parking space per 250 square feet of gross floor area for
general showroom space and retail space; 1 parking space per
500 square feet for the mezzanine/ storage area; and 1 parking
space for every three seats for Carl's Jr.
The primary entry and exit points for the project will be
provided by two 25 foot wide driveways along Newport Avenue
and a 25 foot wide driveway proposed along "B" Street. To
ensure on-site circulation conflicts, the applicant shall meet
with the Traffic Engineer to finalize the number and placement
of on-site directional signs. The applicant will be
responsible for upgrading the signal at Newport and Mitchell.
This includes the installation of exclusive left turn phasing
on Newport Avenue as well as necessary inter -connect equipment
to tie into the City's computer signal system.
The project is located in an area where both the cities of
Tustin and Santa Ana have concurred that area -wide
transportation system improvements are necessary as a result
of area wide project development. The applicant's
participation and payment of fees will be required in the form
of a financial contribution to the area -wide transportation
system improvements as required in the Tustin -Santa Ana
Transportation System Improvement Authority Agreement and site
specific conditions. See Initial Study Exhibit A for further
analysis and discussion.
In reviewing the project, consideration has also been given
to the issue of the interface with adjacent residential uses
to the southwest. Several design issues were identified in
the process and incorporated into the project as follows:
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 5
(1) The proposed building location adjacent to the westerly
property line will prevent maintenance, trash and debris
problems adjacent to residential properties to the west;
and
(2) A minimum 6' high decorative screen buffer wall is
proposed along the southerly and westerly property lines
adjacent to residential properties. Landscape treatments
are also required to buffer between conflicting uses.
To ensure quality development and establish compatible
land uses, staff is also recommending that a condition
be applied prohibiting certain types of uses within the
project. This is a typical condition that has been
imposed on similar projects in the PCC District.
The applicant proposes that uses allowed in the project
substantially conform to those uses authorized in the C-
1 and C-2 Zoning Districts except for those expressly
J� prohibited to include the following:
/ - restaurants in addition to the Carl's Jr. Restaurant
with sit down seating
auto repair shops
� - schools or training facilities
-� - laundromats
- arcades or other gaming establishments
- adult book stores
- massage establishments
Staff also recommends prohibiting the following uses:
- medical, dental and/or chiropractic offices
retail auto parts sales
convenience or liquor stores
These uses are prohibited to ensure compatibility of land
uses with the adjacent residential properties, and ensure
compliance with the parking requirements listed herein.
More specifically, the applicant anticipates furniture,
appliances, carpet, computer, and home improvement
tenants 'for Buildings A and B. In Building D, the
following types of tenants are anticipated:
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 6
- dry cleaners
flowers
- travel agency
- banks/coin exchange
- versateller machine
- real estate
- insurance
- 1 hour photo
- cards & gifts
- copies
- graphics
video rentals
- computer software
- tuxedo rentals
- tanning salon
- nutrition
- nail salon
- donuts
- yogurt
- pizza
- pet store
- sandwiches
2. Architecture - The project shall be developed in accordance
with an architectural theme and treatments outlined in a
Memorandum of Understanding previously executed between CMS
Development and the Tustin Community Redevelopment Agency.
The objectives of the MOU include the following:
(1) The site shall be designed as an integrated project in
which the buildings will achieve architectural excellence
both individually as well as their integration into the
project as a whole.
(2) The architecture shall include elements of the Early
California or Mediterranean style. Particular attention
will be paid to massing, scale, color and materials.
(3) Placement of structures along Newport Avenue shall
provide for visual "windows" into the site from Newport
Avenue while providing active use at the street level.
(4) Improvements at Newport Avenue the I-5 Freeway off -ramp
shall provide visual interest as a major gateway to the
site by providing a major design element or focal point.
(5) The design of the site shall encourage active
participation by pedestrians by providing suitable and
attractive amenities throughout the site.
The architecture includes elements of the early California
Mediterranean style. This style is evident in all elements
of design from elevations down to smaller elements such as
trash enclosures. The overall style is compatible with and
complimentary to the Tustin Plaza project to the north of the
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 7
project site along Newport Avenue.
The proposed wall treatment is a sand finished plaster in a
peach color. Accents are proposed with a 1 1/2" painted
reveal and 8" x 8" tiles in a teal color. The roof treatment
proposed is a combined pitched and flat roof with mission tile
in a terra cotta color.
Storefronts will be recessed beneath a roofed canopy supported
by sand finished plaster columns. Window treatments are of
an anodized aluminum framing with clear glaze window panes.
The window frames are painted with teal color to match other
accent elements throughout the project.
Staff has identified that the Newport Avenue facing elevation
of Carl's Jr. is awkward and is not compatible with the design
theme of the project. Staff suggests adding an eave to give
the elevation more depth. A condition of approval has been
added to ensure this compatibility.
3. Signs - The applicant has proposed a Master Sign Program which
incorporates a variety of sign types. The north and east
facing elevations of Buildings A, B and D propose internally
illuminated lens signs. A lens sign is a fairly new concept
which is similar to a metal can sign in that it is internally
illuminated with fluorescent bulbs and have solid faces. The
lens sign however is unique in the following ways:
° sign frame is urethane foam
° fiberglass signface simulates ceramic tile
° sign background is opaque
sign letters are white and will illuminate at night
° sign frame has rounded edges instead of square
(Example photos of lens signs will be on display)
These lens signs are to be installed on center with the
respective shop entrance, centered horizontally and vertically
on the building fascia. The sign face is simulated ceramic
tile painted with automotive enamels in colors specified on
exhibits. The proposed size is 2' 0" x 12' 0".
The tower locations facing the parking lot of Buildings A, B
and D propose internally illuminated "custom" lens signs. The
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 8
sign face is simulated ceramic tile painted with automotive
enamels. The proposed size is 3' 0" x 16' 011.
Because the applicant chose to treat the parking lot elevation
as the rear elevation for sign purposes, the Sign Code limits
the size of the tower signs to a maximum of 25 square feet.
In addition, only one (1) tenant wall sign per building
frontage is permitted by the Sign Code.
For direct illumination for freeway facing elevations for
Buildings A and B, interior illuminated pan channel letters
with translucent faces are proposed. Signs are proposed on
both the parapet towers ( one sign per tower) , and the lower
fascia band. At parapet locations, sign length is not to
- exceed 20' with letters centered both horizontally and
vertically. At fascia band locations, signs will be centered
horizontally. The applicant proposes one sign per section
with a total of 5 signs for Building A and 7 signs for
Building B. Length of signs at fascia band is not to exceed
50% of the unbroken fascia length, or 35' whichever is less.
Sign letter size is not to exceed 30" and will have a 5" deep
sheet metal return with painted anodized bronze finish.
The applicant is proposing two (2) tenant wall signs for
Buildings A and B (1 at the tower level and 1 as the fascia
band level) . The Sign Code only permits one (1) wall sign per
building frontage. Because this elevation is being
considered, the front wall for sign calculation purposes, the
signs shall not exceed 75 square feet.
For all tenants within the project where a covered arcade
exists, a double faced sandblasted wood arcade sign is
proposed. The signs are to be installed perpendicular to the
respective shop entrance, on -center to the primary entry
door(s). The proposed arcade sign size is 1' 0" x 2' 611.
The Carl's Jr. restaurant also proposes interior illuminated
pan channel letters with translucent faces for the freeway,
parking lot and Newport Avenue facing elevations. The freeway
facing elevation size is 24 square feet; the parking lot
elevation size is 18 square feet; and the Newport Avenue
facing elevation is 45 square feet.
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 8
sign face is simulated ceramic tile painted with automotive
enamels. The proposed size is 3' 0" x 16' 011.
_
Be-gause the applicant chose to treat the parking lot elevation
as the ar e-1 - -f-Or-sign ur ose� tFie� S i n Code limits
e size of the tower signs to a maximum of 25 square eet.
In addition, only one (1) tenant wall sign per building
frontage is permitted by the Sign Code.
For direct illumination for freeway facing elevations for
Buildings A and B, interior illuminated pan channel letters
with translucent faces are proposed. Signs are proposed on
both the parapet towers (one sign per tower), and the lower
fascia band. At parapet locations, sign length is not to
exceed 20' with letters centered both horizontally and
vertically. At fascia band locations, signs will be centered
horizontally. The applicant proposes one sign per section
with a total of 5 signs for Building A and 7 signs for
Building B. Length of signs at fascia band is not to exceed
50% of the unbroken fascia length, or 35' whichever is less.
Sign letter size is not to exceed 30" and will have a 5" deep
sheet metal return with painted anodized bronze finish.
The applicant is proposing two (2) tenant wall signs for
Buildings A and B (1 at the tower level and 1 as the fascia
band level) . The Sign Code only permits one (1) wall sign per
building frontage. Because this elevation is being
considered, the front wall for sign calculation purposes, the
signs shall not exceed 75 square feet.
For all tenants within the project where a covered arcade
exists, a double faced sandblasted wood arcade sign is
proposed. The signs are to be installed perpendicular to the
respective shop entrance, on -center to the primary entry
door(s). The proposed arcade sign size is 1' 0" x 2' 611.
The Carl's Jr. restaurant also proposes interior illuminated
pan channel letters with translucent faces for the freeway,
parking lot and Newport Avenue facing elevations. The freeway
facing elevation size is 24 square feet; the parking lot
elevation size is 18 square feet; and the Newport Avenue
facing elevation is 45 square feet.
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 9
The applicant is also proposing a double face internally
illuminated freeway pole sign for Carl's Jr. The sign is
proposed to be 50' 0" high and 216 square feet of copy space.
The cabinet retainers are of aluminum construction. The sign
face is brown; the star is yellow with red border; "Carl's Jr"
to be white with red outline; outline and "Drive Thru"
background to be red, inset line to be white and "Drive Thru"
to be white. All structure elements to have a stucco finish
and 6" x 6" tiles to match buildings and accents throughout
the project.
Currently, the City of Tustin Sign Code permits freeway pole
signs to businesses within 500 feet of the center line of a
freeway (which offer dining facilities, automobile service,
and lodging accommodations). These signs may exceed the
height and area requirements subject to a Use Permit. Because
the Sign Code establishes a maximum size of 50 square feet per
face and a maximum height of 24 feet, the applicant is
applying for a Conditional Use Permit.
Staff does not support the proposed freeway pole sign for
Carl's Jr. for the following reasons:
° the position of Carl's Jr on the site plan provides
adequate freeway exposure for signage.
The types, sizes and locations of signage currently
permitted by the Sign Code provide adequate opportunity
for freeway exposure signage.
° Other fast food uses in the adjacent vicinity do not
utilize pole signs.
The height and size of the proposed sign is out of scale
with the project.
° By approving the pole sign, a precedent will be set for
all fast food establishments within 500 feet of the
centerline of a freeway.
The applicant proposes fiberglass signs with wood posts for
on-site traffic and secondary signs. Staff suggests that
these signs utilize decorative metal posts and that sign sizes
be standard.
A monument center identification sign is proposed at the main
entrance to the site on Newport Avenue. The structure is
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 10
composed of a stucco finish to match the buildings throughout
the project. Sign letters are to be routed out from
background and backed with turquoise plex. The overall size
is 12' 0" x 6' 011.
The gateway to the proj ect at Newport Avenue and the Santa Ana
Freeway includes a 30" stucco screen wall with a 16" stucco
planter wall including a monument sign with "City of Tustin"
in recessed letters. The entire structure is similar stucco
composition with ceramic tile accents to coordinate with the
project. The area is landscaped with annual color to make a
statement as you enter the City and the project site.
4. Landscape and Hardscape Elements - Staff views landscaping
design of the project as a key element in ensuring a quality
aesthetically pleasing project. One of the purposes of a
comprehensive development plan is to encourage interaction
between the activities of a building and adjacent outdoor
activity. While a landscape plan has been provided, it is
only illustrative and will be refined at plan check.
In general, the design of the site encourages active
participation by pedestrians by providing suitable and
attractive amenities throughout the site. Architectural
features such as arcades and recessed store fronts used to
encourage.an interaction between activities between buildings
and outdoor pedestrian activity. Colorful awnings, creative
signage, storefront enhancements and other treatments which
add human scale and interest to the streetscape are encouraged
where they are consistent with the larger design theme of the
project.
Improvements at Newport Avenue at the Santa Ana Freeway off -
ramp provide the visual interest commensurate to the
importance of this location as a major gateway to the site and
to the City of Tustin by the use of a large scale monument
sign with landscaping and planter.
As submitted, the project design includes landscape setbacks
along the perimeter of the property. Along Newport Avenue,
a 10' landscape setback with a 30" high berm will be provided
to screen the parking lot. The Santa Ana Freeway landscaped
setback is 5 feet and along the southerly property line a 6'
high masonry screen wall with an evergreen screen is proposed.
Community Development Department
Planning Commission Report
Design Review 89-68 and
Conditional Use Permit 89-47
January 8, 1990
Page 11
A variety of shrubs and trees are proposed to be provided
throughout the site to include evergreens and flowering
varieties which will add color and interest to the project.
Palm trees are also proposed to be grouped to vary their
impact and to ensure visibility to the storefronts and wall
signs.
The site includes use of enriched pavement materials at the
project entrance and at pedestrian access points. Pedestrian
circulation is facilitated by a 10' wide arcade adjacent to
the storefronts. This arcade is used to encourage patrons to
stroll throughout the center in a protected environment.
Pedestrian circulation routes shall receive specimen trees to
create an identification theme. Decorative lights are also
proposed.
CONCLUSION
Staff has reviewed the major issues associated with the project and
have determined that the proposed project is in conformance with
the City's requirements. With the conditions referenced in the
attached resolution, staff recommends that the Planning Commission
approve Use Permit 89-47 and Design Review 89-68 and disapprove the
Use Permit for the freeway pole sign by adoption of Resolution No. s
2731 and 2732.
Beth Schoemann
Associate Planner
BS:CAS:kbc
i
C ristine Ston
Director of Community Development
Attachments: Site Plan
Elevation Plans
Negative Declaration
Environmental Initial Study Form
Exhibit A - Initial Study Responses
Resolution 2730
Resolution 2731
Exhibit A - Conditions of Approval
Resolution No. 2732
Community Development Department
VICINITY MAP
NOT TO SCALE
EXHIBIT A
INITIAL STUDY RESPONSES FOR
DESIGN REVIEW 89-68 AND USE PERMIT 89-47
Section I - Background
The applicant, CMS Development, proposes to construct a 45,376
square foot retail center consisting of 31,616 square feet of
general showroom, 10,244 square feet of general retail and a 3,516
square foot Carl's Jr. Restaurant on a 3.11 acre parcel at the
southwest corner of Newport Avenue and the I-5 Freeway.
The project site is located in a PC -C, Planned Community Commercial
Zoning District which requires approval of a Conditional Use Permit
prior to development. Also, the project site is located in the
South Central Redevelopment Area thus requiring approval by the
Redevelopment Agency.
1. Earth
Items A through D - "No": The project site is currently flat
and does not contain any substantial geologic features based
upon field verification. The proposed building layout and
conceptual grading plan call for minimal movement of existing
soil which will not constitute a basis for making any geologic
changes to ground surface relief features. All on-site
grading activities will be conducted in accordance with City
codes and requirements and verified by the Building Official.
Sources: Field verification
Proposed Site Plan and Conceptual Grading Plan
Tustin Municipal Code
Uniform Building Code
Mitigation/Monitoring Required: Plan check and inspections
through Building Division.
Items B, C and E - "Maybe": This property is located in
Seismic Zone 4, therefore could be impacted by regional
geologic conditions. There will be a minor change in the
topography and compaction of the soil during on-site grading
activities, all on-site grading activities will be conducted
in accordance with City codes and requirements and verified
by the Building Official.
Sources: Field Verification
Proposed Site Plan and Conceptual Grading Plan
Tustin Municipal code
Uniform Building Code
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 2
Mitigation/Monitoring Required: Apply conditions of approval
to proposed Resolution for Use Permit 89-47 to require: 1)
Grading Plan, 2) Erosion Control Plan, and 3) verification
of adequacy of control to be completed by a Building Inspector
during grading and foundation inspections.
Item F - "No": Based on the site location in relation to any
streams, rivers and flood control channels, it is not anticipated
that this project will substantially contribute to erosion problems
to local water bodies. The site is relative flat and therefore
would not be subject to any land or mudslide activities.
Source: City of Tustin Zoning Map
City of Tustin General Plan
Mitigation/monitoring Required: None
Item G - "Maybe": Because the project site is located in Seismic
Zone 4, the exposure to geologic hazards such as earthquakes and
ground failure exists. The property is not located in an
Alquist/Priolo special study zone but the site could be impacted
by regional geologic conditions.
Sources: Uniform
City of
City of
Building Code
Tustin General Plan
Tustin Zoning Map
Mitigation/Monitoring Required: Apply conditions of approval to
require construction to be pursuant to Seismic Zone 4 standards as
identified in the Uniform Building Code and City of Tustin Codes
to requirements.
2. Air
Items A through C - "No": The proposed project is not
considered a substantial contributor to air emissions and is
not subject to specific regulation by the Air Quality
Management District as a stationary source of air pollution.
The project is proposed for retail commercial use and does not
propose to use on maintain on-site substantial quantities of
materials that will create objectionable odors. The project
is in an existing "built-up" area and will therefore not have
a significant impact on the climate, or pose alterations in
the movement of, moisture in, or temperature of the air.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 3
The project will however incrementaly contribute to regional
air quality degradation. The City of Tustin will be
implementing those control measures of the Air Quality
Management Plan, applicable to local governments, which
addresses activities which will reduce air pollutants.
Sources: AQMD standards
Project site and description
Mitigation/Monitoring Required: As a condition of approval,
the applicant will be required to file for and obtain approval
of any necessary permits from the Air Quality Management
District. Monitoring is conducted by the AQMD for compliance
with their requirements.
3. Water
Items A, C, D, E, F, G, I - "No": As noted in the discussion
in item #1 (Earth) above, the project site is not located
adjacent to or in the vicinity of any large water bodies or
exposed flood control channels. Therefore it is not
anticipated that the project will have an effect on currents,
quality or courses of water.
Sources: City of Tustin Grading and Drainage Requirements
Tustin Zoning Map
Proposed Site, Grading and Elevation Plan
Monitoring/mitigation Required: City of Tustin to apply
standard conditions of approval on Design Review and Use
Permit to require conformance with City Grading and
Drainage requirements.
Item B, H "Maybe": The proposed project will add a
significant amount of impervious surface area to the site
which will significantly change absorption rates, drainage
patterns and surface runoff. In addition, the proposed
project will utilize existing water, thus creating a reduction
in the amount of water otherwise available for public water
supplies.
Sources: Proposed Site, Grading and Elevation Plan
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 4
Mitigation/Monitoring Required: Apply standard conditions of
approval on Design Review and Use Permit to require
conformance with City Grading and Drainage Requirements.
4. Plant Life
Items B, C - "No": The project site presently contains
dilapidated multi -family units, an abandoned Texaco station,
the Alta Dena Dairy, a commercial nursery and a vacant lot.
No rare or endangered species are known to exist on the
property. Some existing plant materials will be removed,
however, and replaced with plant palette noted on plans.
_ Sources: Site Field Inspection
City Records
Mitigation/Monitoring Required: Plan check shall ensure that
said plant materials proposed are implemented into project
design.
Items A, D - "Maybe": There are existing trees and shrubs on
the project site which will be removed and replaced with the
development plan. The proposed site plan includes landscaped
areas which, as shown on the landscape plan, are common
species used in the area. The existing commercial nursery on
the site will be relocated.
Sources: Proposed Landscape Plan
Site Field Inspection
City Records
Mitigation/Monitoring Required: Apply conditions of approval
to require landscaping to be done in accordance with the City
of Tustin's landscaping requirements. Ensure compliance
through plan check and field inspection process.
5. Animal Life
Items A through D - "No": Based on review of City records and
the site field inspection, there are no known endangered on
rare species known to inhabit the project site. Also, uses
previously on the property greatly limit the type, number and
longevity of any substantial animal species which would
inhabit the site.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 5
Sources: City Records
Site Plan
Field Inspection
Aerial Photograph of Site
Mitigation/Monitoring Required: None
6. Noise
Items A and B - "Maybe": While the proposed use is not
anticipated to substantially increase noise levels in the area
or expose persons to severe noise levels, the project design
includes the isolation of air conditioning equipment to a
screened rooftop area; therefore minimizing impacts to
surrounding properties.
Short term impacts are present during the construction phase
with temporary increased noise levels. To avoid possible
noise impacts, the construction activities will be limited
under the Tustin Noise Ordinance to reduce impacts to a level
of insignificance. Construction activities are only permitted
between 7:00 a.m. and 6:00 p.m.
Long term impacts are created due to the fact that the site
will become more active than with the existing uses. Parking
areas are adjacent to residential uses representing impacts
to the condominiums on B Street and the single family homes
on C Street will generate sporadic noise sources. This noise
is caused by car doors, ignition of car engines and human
communication. This noise source is not expected to exceed
the parameters of the Noise Ordinance but may occasionally
generate annoyance noise situations.
Sources: Proposed Elevation and Site and Roof Plans
Tustin Noise Ordinance
Tustin General Plan
Mitigation/Monitoring Required: As a condition of approval,
the applicant will be required to limit construction
activities as per the requirements of the Tustin Noise
Ordinance, the Tustin Building Official and Police Department
will monitor the site and stop any activities in violation of
the Noise Ordinance.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 6
To further reduce noise impacts, the applicant will be
required to construct a 6' masonry wall on the property line
of the project which abuts residential uses. In addition,
landscaping is being increased to act as a buffer.
7. Light and Glare
"Maybe": The proposed project will include parking lot
lighting for conformance with the City Security Ordinance.
All lighting fixtures and intensities will be reviewed by City
staff to ensure that light rays are contained on-site and do
not impact adjacent residences. Given that light sources will
be contained on-site, any possible impacts would be mitigated
to a level of insignificance.
Sources: Tustin Security Ordinance
Mitigation/Monitoring Required: City staff review of proposed
lighting plan for project prior to permit issuance to ensure
conformance with Tustin Security Ordinance.
8. Land Use
"Yes": The proposed project is to develop the site for a
retail center in a PC - Planned Community Commercial zoning
district. This district requires a Conditional Use Permit for
all uses to ensure compatibility of land uses and site design,
to reduce circulation issues and promote design features which
are unique to a particular site.
The proposed project will result in a substantial alteration
of the present land uses on the site as follows: hardscape
throughout the area including parking and pedestrian areas;
2 story retail buildings and a fast food restaurant.
Source: Tustin Zoning Code
Tustin Zoning Map
Proposed Site Plan
Mitigation and Monitoring Required: Apply conditions of
approval including a perimeter wall, landscaping, and
buffering. Ensure compliance through the plan check and field
inspection processes.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 7
9. Natural Resources
Items A and B - "Maybe": The project will generate the need
for non-renewable natural resources. The proposed land use
will not however require significant quantities of natural
resources or non-renewable resources.
Sources: Use Permit Application
Design Review -Site Plan
Site Inspection
Mitigation/Monitoring Required: All construction materials
and methods shall be in accordance with the currently adopted
edition to the Uniform Building Code and all other applicable
codes for the City of Tustin. The applicant should
investigate the integration of solar panels and hardware into
the design of the buildings.
10. Risk of Upset
Items A - "Maybe": The proposed use does not require the
handling of any hazardous or explosive materials. The site
is currently adjacent to a major arterial highway on which
hazardous material may travel. However, no anticipated risk
of upset due to exposure is expected as a result of
development of this site. Potentially hazardous soils could
exist on the Texaco site, however a Memorandum of
Understanding has been executed to formally address this
concern.
Sources: Use Permit Application
City of Tustin Master Plan
MitigationlMonitoring Required: None
11. Population
"Maybe": The project is relatively small in size and scale
and will not increase the need for housing or substantially
increase the general population in the area. Therefore, no
significant increase in housing or population is anticipated
as a result of the project.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 8
Sources: Field Inspections
Use Permit Application
Project Site and Floor Plan
Mitigation/Monitoring: None
12. Housing
"Maybe": The proposed development project will reduce the
number of housing units on the site. However, there is an
adequate supply of housing elsewhere in the City, and there
will not be an increase in housing or population as a result
of this project.
Sources: Field Inspections
Use Permit Application
Project Site and Floor Plan
Mitigation/Monitoring Required: None
13. Transportation/Circulation:
Items A - "Maybe": The project will require some demand for
use of transportation facilities and parking. The proposed
project will generate more vehicular traffic on Newport Avenue
and Mitchell. Results of the traffic study submitted by the
applicant indicate that both intersections (Newport/Mitchell,
Newport/Nisson) are currently operating satisfactorily during
morning, noon and afternoon peak hours. With the introduction
of the project site traffic, the noon service level of the
Newport/Mitchell intersection and the service level of the
Newport/Nisson intersection will increase as shown in the
table below.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 9
The project will generate the following traffic:
Daily AM Peak Noon Peak PM Peak
2 -way IN OUT IN OUT IN OUT
Carl's Jr. Restaurant 21000 88 88 85 85 44 44
Commercial 11265 23 15 48 52 57 57
Retail 11475 28 12 48 50 70 73
TOTAL 4,740 139 115 181 187 171 174
Capacity analysis at the two study intersections revealed the
following:
SUMMARY OF ICU/LOS
1991
Existing Plus Project
AM Noon PM AM Noon PM
Newport Avenue at
Mitchell Drive 0.54/A 0.57/A 0.75/C 0.57/A 0.62/B 0.79/C
Newport Avenue at
Freeway Ramp/
Nisson Road 0.62/B 0.71/C 0.79/C 0.64/B 0.75/C 0.84/D
Additionally, the project will contribute to area -wide impacts
associated by development within both the cities of Tustin and
Santa Ana. Due to development within specific areas of Tustin
and Santa Ana (of which this project is a part) , said areas
are in need of major transportation system improvements.
Sources: Submitted Traffic Study
City of Tustin Traffic Engineer's Report
Site Plan
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 10
Mitigation/Monitoring Required: As a condition of approval
prior to occupancy, the applicant will be required to upgrade
the signal at Newport and Mitchell. This includes the
installation of exclusive left -turn phasing on Newport Avenue
as well as necessary left -turn phasing on Newport Avenue as
well as necessary interconnect equipment to tie into the
City's computer signal system. The left -turn phasing shall
not be permissive protected.
In order to address area -wide cumulative traffic impacts, the
developer shall be required to financially contribute towards
transportation system improvements as exercised by the Joint
Powers Agreement between the City of Santa Ana and the City
of Tustin executed on November 6, 1989.
Item B - "Maybe": The project will require new demands for
parking facilities. The project has been designed to provide
on-site parking to accommodate all parking demands in
conformance with the Tustin Zoning Code Requirements. A total
of 151 parking spaces will be provided for phase I and 48
spaces for Phase II of the project.
Sources: Tustin Parking Requirements
Site Plan
Mitigation/Monitoring Required: Apply conditions of approval
prior to occupancy requiring the applicant to properly paint
all parking stalls and all curb areas within the site not a
part of parking stall design shall be painted red. Ensure
compliance through final inspection process.
Item C - "Maybe": As stated in Item A above, the project will
require some demand for the use of present transportation
facilities. The results of the traffic study indicate
increased trip generation at both the Newport Avenue/Mitchell
and Newport Avenue/Nisson Road intersections.
Sources: Submitted Traffic Study
City of Tustin Traffic Engineer's Report
Site Plan
Mitigation/Monitoring Required: Conditions of approval as
outlined in Item A above.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 11
Item D - "No": The level of impact, based upon the size and
use of the project will not create a significant increase
based on the submitted traffic study. Field observation
indicated that there will be very little interference to the
site circulation as a result of on-site queues. The access
point to "B" Street will be used primarily by trash and
delivery trucks. The "B" Street connection will provide a
good circulation route for the entire site. The drive-thru
lane circulation and internal circulation are adequate.
Sources: Submitted Traffic Study
City of Tustin Traffic Engineer's Report
Site Plan
Mitigation/Monitoring Required: Apply conditions of approval,
including: 1) a "No Right Turn" sign shall be installed at
the entrance to the one-way aisle next to Newport Avenue; 2)
all project driveways shall be designed using a 15' curb
radius; and, 3) prior to occupancy, the applicant shall meet
with the City Traffic Engineer to finalize the number and
placement of on-site directional signs.
Item E - "No": The project will not require the re-routing
of existing surface, water, rail or airborne transportation
systems since no change are required to facilitate the
proposed use.
Sources: Site Plan
Tustin Master Plan
Mitigation/Monitoring Required: None
Item F - "Maybe": As stated in Items A and C above, the
proposed project will increase traffic generation on Newport
Avenue, thus increasing possible traffic hazards to motor
vehicles, bicyclists and pedestrians.
Sources: Submitted Traffic Study
Site Plan
Mitigation/Monitoring Required: Conditions of approval
outlined in Items A and B above.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 12
14. Public Services
Items A and B - "Maybe": The proposed project is commercial
in nature thus having a small but ultimately cumulative impact
on local police and fire protection.
Sources: Site Plan
Tustin Security Ordinance
Orange County Fire Department Report
Mitigation/Monitoring Required: Apply conditions of approval
including: 1) project lighting plan to be approved in
accordance with the City of Tustin Security Ordinance; 2)
prior to issuance of building permits for combustible
construction, evidence that a water supply for fire protection
is available, and fire hydrants shall be in place and
operational; 3) all underground piping for automotive fire
extinguishing systems shall be approved and installed prior
to issuance of building permits; and, 4) prior to the
issuance of any certificates of use and occupancy, the private
street shall be red curbed and posted "No Parking - Fire Lane"
as per 1985 Uniform Fire Code.
Items C - F - "No": The proposed use does not substantially
contribute towards the concentration of or increase in the
provision of public services such as schools, parks and
recreational facilities, or maintenance of public facilities.
Typically, retail uses do not impact schools or parks and
recreational type uses or facilities.
Sources: Site and Elevation Plans
Design Review Committee Comments
Community Services Department
Mitigation/Monitoring Required: None
15. Energy
Items A and B - "Maybe": The project includes commercial use
which will utilize fuel and energy and increase the demand
upon existing sources. However, due to the size, type and
location of the project, a significant use of energy resources
or threat of reduction is not apparent. Investigation of the
utilization of solar mechanics for harnessing the sun's energy
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 13
may determine that solar design into the project can reduce
energy consumption and ultimate developer costs as well.
Sources: Use Permit Application
Site and Floor Plans
Mitigation/Monitoring Required: All construction materials
and techniques shall comply with and be in accordance with the
currently adopted edition of the UBC and all other applicable
codes for the City of Tustin. The applicant should
investigate the integration of solar panels and hardware into
design of the buildings.
16. Utilities
Items A through F - "No": The proposed project will not
result in a need for new systems, or a substantial alteration
to utilities such as natural power or gas, communications,
water, sewer, storm drainage or solid waste disposal. This
is due to the size, type and location of the property.
Utilities are currently being provided and are available on
the site.
Sources: City Records
Site Plan
Design Review Committee Comments
17. Human Health
Items A and B - "Maybe": As noted previously, the proposed
land use does not involve use of any known hazardous materials
or explosives. The project design proposes conventional
construction which should not expose people to health hazards.
The buildings will be reviewed for conformance with all
applicable building codes prior to construction. Any possible
soil problems as a result of the abandoned Texaco site have
been previously mitigated.
Sources: Site/Elevation Plan
Use Permit Application
Mitigation/Monitoring_ Required: As a condition of approval,
the project will be plan checked and approved by the Building
official prior to construction. All construction activities
on site will be regularly inspected by the City Building
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 14
Inspector prior to occupancy.
18. Aesthetics
"No": The project is not located along a scenic corridor or
within a special design district. Project design features
have been created to make the project compatible with its
surroundings by use of colors, materials, architectural
features and site design elements which are common to the
area. On the other hand, the residential condominiums
adjacent to the proposed project site will view the parking
lot and buildings associated with this project.
Sources: Site/Elevation Plans
South Central Redevelopment Plan
General Plan
Mitigation/Monitoring Required: Apply conditions of approval
requiring a decorative masonry wall on the property boundary
adjacent to residential uses, and require additional
landscaping to buffer and soften the hardscape from view. In
addition, all roof equipment shall be screened from public
view.
19. Recreation
"No": The proposed project is not on or adjacent to any
recreation facility. The project will not include residential
uses which could substantially increase or impact recreational
needs in the area.
Sources: Use Permit application
City of Tustin General Plan Land Use Map
Community Services Department
Mitigation/Monitoring Required: None
20. Cultural Resources:
Items A - D - "No": The project site is not located in an
area known as an archeological resource. There is no evidence
that any cultural resources exist on the property.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 15
Sources: Tustin Area Historic Resources Survey
Field Site Inspection
Mitigation/Monitoring: None
21. Mandatory Findings of Significance
Item A - "No": Based upon the responses to Items 1 - 20 in
this Initial Study, the review of City files, records and
documents and the nature of the proposed project, the project
is not anticipated to significantly impact wildlife, fish,
flora, fauna or cultural resources.
Sources: All sources listed in items 1 - 20 of this Study.
Mitigation/Monitoring Required: None
Item B - "No": The proposed project, due to its size,
location and land use, is in conformance with all applicable
City Codes, requirements and regulations. With the proposed
design elements, the project will be compatible with its
surroundings.
Sources: Tustin Zoning Code and Development Requirements
General Plan
South Central Redevelopment Plan
Mitigation/Monitoring Required: None
Item C - "Maybe": In reference to the discussion in item 13
Transportation/Circulation, the project will not contribute
to the demand for transportation facilities in the area, based
on the size and proposed use of the project.
Sources: Design Review Committee comments
Use Permit application
Mitigation/Monitoring Required: See Item 13 A - C
Item D - "No": As discussed in this Initial Study, any
possible impacts associated with this project have been
mitigated'to a level of insignificance. Therefore, it is not
anticipated that the project will directly or indirectly
impact human health.
Exhibit A
Initial Study Responses for
Design Review 89-68
Conditional Use Permit 89-47
Page 16
Sources: Discussion, Items 1 - 21
Mitigation/Monitoring Required: None
Section III
The environmental evaluation provided herein, attempts to fully
identify, discuss and mitigate any impacts associated with the
proposed development project. Considering the sources used, the
proposed level of development and the mitigation and monitoring
measures incorporated herein, staff has determined that any project
impacts have been mitigated to a level of insignificance.
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RESOLUTION NO. 2730
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA CERTIFYING THE
NEGATIVE DECLARATION AS ADEQUATE FOR USE
PERMIT 89-47 AND DESIGN REVIEW 89-68 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. Conditional Use Permit 89-47 and Design Review
89-68 is considered a "project" pursuant to
the terms of the California Environmental
Quality Act.
B. A Negative Declaration has been prepared for
this project and has been distributed for
public review.
C. Whereby, the Planning Commission of the City
of Tustin has considered evidence presented by
the Community Development Department and other
interested parties with respect to the subject
Negative Declaration.
D. The Planning Commission has evaluated the
proposed final Negative Declaration and
determined it to be adequate and complete.
II. A Negative Declaration has been completed in
compliance with CEQA and State guidelines. The
Planning Commission, having the final approval
authority over Use Permit 89-47, and the Community
Development Department having final approval
authority over Design Review 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.
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Resolution No. 2730
January 8, 1990
Page two
On the basis of the Initial Study and comments
received during the public review process, the
Planning Commission has found that although the
proposed project 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.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 8th day of January,
1990.
PENNI FOLEY,
Secretary
LESLIE PONTIOUS,
Chairman
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RESOLUTION NO. 2731
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN
(USE PERMIT 89-47) FOR A RETAIL CENTER ON A
SITE IN A PLANNED COMMUNITY COMMERCIAL
DISTRICT (PC -C) FOR THE PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT AVENUE AND THE
SANTA ANA FREEWAY, 14041 NEWPORT AVENUE;
APPROVING A DRIVE-THRU LANE FOR CARL'S JR.
RESTAURANT; AND DENYING A 501- 0" HIGH, 216
SQUARE FOOT FREEWAY POLE SIGN.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That a proper application, Use Permit 89-47,
has been filed on behalf of CMS Development
requesting approval of a development plan for
a retail center totalling 45,376 square feet
located at 14041 Newport Avenue on property
legally described as Assessor's Parcel Numbers
402 - 371 - 1 - 51 13, 21 - 25. The applicant
is also requesting approval of the drive-thru
lane for Carl's Jr. Restaurant, and a 50' - 0"
high freeway pole sign for Carl's Jr.
Restaurant.
B. A public hearing was duly called, noticed and
held on January 8, 1990.
C. That establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort, or
general welfare of the persons residing or
working in the neighborhood of such proposed
use, as evidenced by the following findings:
1. The uses applied for are in conformance
with the requirements of the Tustin
General Plan.
2. The uses applied for are in conformance
with the requirements of the Tustin
Zoning Code.
3. The project has been designed to be
architecturally compatible with the area.
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Resolution No. 2731
January 8, 1990
Page 2
4. The project has been conditioned to allow
only those uses which will be compatible
with neighboring and adjacent uses.
5. The proposed development conforms with
the established guidelines for
development of Planned Community
Commercial properties as established by
Planning Commission Resolution No. 2411.
6. That the project is consistent with
Planning Commission Resolution No. 2411,
outlining guidelines for review of
projects on properties located in the
Planned Community Commercial District.
D. That the establishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, and should be granted.
E. Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, State
of California Fire Code as administered by the
Orange County Fire Marshal, and street
improvement requirements as administered by
the City Engineer.
F. A Negative Declaration has been filed in
accordance with the California Environmental
Quality Act.
G. Final development plans shall require the
review and approval of the Community
Development Department.
II. The Planning Commission hereby approves Conditional
Use Permit 89-47 approving the development plan for
a retail commercial center at the southwesterly
corner of Newport Avenue and the Santa Ana Freeway,
14041 Newport Avenue, and approving a drive-thru
lane for Carl's Jr. Restaurant subject to all
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Resolution No. 2731
January 8, 1990
Page 3
conditions contained in Exhibit A attached hereto
and incorporated herein.
III. The Planning Commission finds and determines as
follows:
A. That the City of Tustin Sign Code permits
freeway oriented pole signs for eating,
automotive related or lodging facilities
subject to the granting of a Conditional Use
Permit.
B. That the position of Carl's Jr. Restaurant on
the site plan provides adequate freeway
exposure for signage.
C. That the types, sizes and locations of signage
currently permitted by the Sign Code provide
adequate opportunity for freeway exposure
signage.
D. That the proposed pole sign is unnecessary as
outlined in A, B and C above, and approval of
such sign would initiate a precedent for other
freeway pole signs.
IV. The Planning Commission hereby disapproves the
portion of Use Permit 89-47 requesting a 50' 0"
freeway pole sign for Carl's Jr. Restaurant.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the 8th day
of January, 1990.
PENNI FOLEY,
Recording Secretary
LESLIE ANNE PONTIOUS,
Chairman
EXHIBIT A
CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68
CONDITIONS OF APPROVAL
RESOLUTION NO. 2731
l%LOLTVn7►T
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 8, 1990
on file with the Community Development Department, as herein
modified, or as modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. Submitted plans constitute the approved development
plan and, except as modified herein, shall not be modified
without prior approval of an amendment to this Use Permit.
(1) 1.2 Unless otherwise specified, all conditions contained in this
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 Parking for the proposed retail center shall be maintained as
(2) follows:
1 parking space per 250 square feet of general
showroom/general retail space.
° 1 parking space per 500 square feet of mezzanine/storage
space.
1 parking space per 3 seats for restaurant uses space.
*** 1.4 The uses authorized by the approval of Use Permit 89-47 are
(8) as follows:
a. The type of uses allowed in the project shall
substantially conform to those uses authorized in the C -
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
EIR MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE(S)
(7)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(8)
PC/CC POLICY
*** EXCEPTION*
E- ibit A
I lution No. 2731
iu..aary 8, 1990
Page 2
1 and C-2 Zoning District except for those uses specifically prohibited
in this Resolution. All uses which require a Conditional Use Permit as
listed in the C-2 Zoning District will also require a Conditional Use
Permit for this site.
b. �Prohibited1J : medical, dental and/or chiropractic
offices attoJ repair" or retail- auto -part--.s-are or
`--is�t-a-Ration, schools or training facilities,
laundromats, convenience or liquor stores, arcades or
other gaming establishments. These uses are prohibited
to ensure compatibility of land uses with the adjacent
residential properties, ensure compliance with the
parking requirements listed herein and to comply with the
requirements of Planning Commission Resolution No. 2411.
* 1.5 Use Permit approval shall become null and void unless all
building permits for the project are issued within l year of
the date on this exhibit and substantial construction is
underway.
*** 1.6 The applicant shall execute and file an agreement with the
(1) Public Works Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
*** 1.7 The applicant shall submit a Tentative Parcel Map to be
reviewed by the Community Development Department approved by
the Planning Commission and City Council, prior to issuance
of any building permits for the project.
(1) 1.8 The applicant shall execute and file an agreement to be
*** reviewed by the Community Development Department providing
joint access agreements throughout the project site.
*** 1.9 In the event that, through private negotiations, the project
site configuration includes the Headache Treatment Center a
reciprocal access agreement will be required. In addition,
once there are improvements made to the Headache Treatment
Center property that would require a building permit street
improvements along Mitchell will be required.
(1L- 1.10 The applicant shall submit plans delineating any existing or
* future easements on the project site. All said easements
shall be shown on the Tentative Parcel Map.
F- ibit A
2 lution No. 2731
Jai,uary 8, 1990
Page 3
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A. 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. Plans should reflect architectural details and
elevations for all structures, walls, mechanical
equipment enclosures, trash enclosures and any other
construction level drawings necessary to accurately
reflect all proposed construction.
(21 B. Preliminary technical detail and plans for all utility
( installations including cable TV, telephone, gas, water
and electricity. Additionally, a note on plans shall be
included stating that no field changes shall be made
without corrections submitted to and approved by the
Community Development Department.
(2) C. Final grading and specifications consistent with the
(3) site plan and landscaping plans and prepared by a
registered civil engineer for approval of the Community
Development Department.
(2) D. A precise soils engineering report provided by a soils
(3) engineer prepared within the previous twelve (12) months.
(3) E. Provide technical drawings for electrical, plumbing and
mechanical installation.
(1) F. Presentation of a sedimentation and erosion control plan
for all construction work related to the subject site
including a method of control to prevent dust and
windblown earth problems. The plan shall be reviewed and
approved prior to rough grading of the site.
(1) G. Information, plans and/or specifications to ensure
(6) satisfaction of all Public Works Department requirements
including but not limited to:
(� 1. Dedication of all required street vehicular access
* rights, sewer easements and water easements defined
and approached as to specific location by the City
E ibit A
I lution No. 2731
Ju..aary 8, 1990
Page 4
Engineer and other responsible agencies.
(6) 2. The construction of any new on-site fire hydrants
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will require a detector check within an easement per
City Standard No. 129. A legal description and
sketch of the easement areas along with a copy of
the latest vesting for this property shall be
submitted to the Engineering Division for review and
preparation of an easement deed. Said deed must be
executed by the property owner prior to any
approvals/permits from the Engineering Division.
(1) 3. Construction or replacement of all missing or
(2) damaged public improvements will be required and
shall include but not be limited to the following:
a. Curb and gutter
b. Sidewalk
C. Wheelchair ramp
d. A.C. pavement
e. Street lights
f. Domestic water service
g. Fire hydrant/fire service (if required by O.C.
Fire Marshal)
h. Sanitary sewer lateral
(1) 4. Separate street improvement plans (24" x 36" sheet)
are required for all work within the public right-
of-way and all construction items referenced to the
City Standard drawing number.
(1) 5. Applicant shall be responsible for pavement markings
*** along Newport Avenue to accommodate the
channelization. All pavement marking will be
subject to review and approval by the City Engineer.
*** 6. Prior to occupancy, the applicant shall meet with
(2 , 6 ) the City Traffic Engineer to finalize the number and
placement of on-site directional signs.
** 7. Prior to occupancy, the applicant shall upgrade the
(: signal at Newport and Mitchell.
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I lution No. 2731
Jailuary 8, 1990
Page 5
This includes the installation of exclusive left
turn phasing on Newport Avenue as well as necessary
inter -connect equipment to tie into the City's
computer signal system.
*** 8. All project driveways shall be designed using a
(216) 15 foot curb radius.
*** 9. All curb areas within the site not part of parking
(2,6) stall design shall be painted red.
(1) 10. Clear sight triangles 20' x 20' shall be maintained
at each access drive. In particular, no landscaping
signs or vegetation between 3' and 8' above the
gutter line shall be installed.
H. The applicant shall comply with all requirements of the
Orange County Fire Marshal, including required fire flow,
installation where required of fire hydrants subject to
approval as to location by the Fire Department, City of
Tustin Public Works Department, Tustin Water Works and
compliance with all requirements pertaining to
construction as follows:
1. Prior to issuance of building permits for
combustible construction, evidence that adequate
water supply and operational fire hydrants are
available for fire protection shall be submitted and
approved by the Orange County Fire Marshal. The
applicant shall also submit water improvement plans
for approval of the Fire Marshal.
2. All required Orange County Fire Department signs
shall be posted and designed in accordance with the
Orange County Fire Department requirements.
3. Prior to the issuance of any building permits, plans
for commercial fire extinguishing system shall be
approved by the Fire Chief. Such systems shall be
operational prior to the issuance of a certificate
of use and occupancy.
4. Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief.
F- ibit A
] elution No. 2731
Ja,ivary 8, 1990
Page 6
The purpose of this review is to evaluate the
adequacy of emergency vehicle access for the number
of dwelling units served.
5. Prior to the issuance of any certificates of use and
occupancy, the fire lanes shall be red curbed and
posted "No Parking -Fire Lane" as per 1985 Uniform
Building Code Section 10.207 in a manner meeting the
approval of the County Fire Chief. (CM7-28II)
*** 2.2 Any underground gasoline tanks shall be removed and any toxic
(2) soils or substances removed from the site in accordance with
the County of Orange Hazardous Materials Division
requirements, prior to issuance of building permits.
( 3.1 All 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.
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be
made of all required fees including:
A. Tentative Parcel Map
B. Major thoroughfare and bridge fees to Tustin Public Works
Department.
C. Sanitary sewer connection fee to Orange County Sanitation
District.
D. Grading plan checks and permit fees to the Community
Development Department.
E. All applicable Building plan check and permit fees to the
Community Development Department.
F. New development fees to the Community Development
Department.
G. School facilities fee to the Tustin Unified School
District.
H. Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
E' i.bit A
I lution
January 8,
Page 7
No. 2731
1990
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin -Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
SITE AND BUILDING CONDITIONS
(1) 5.1 All improvements, materials and colors shall substantially
(4) conform to the approved plans, date stamped January 8, 1990
any changes shall be subject to review and approval of the
Director of the Community Development Department. All
exterior treatments must 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.
5.2 The actual finished textures shall be subject to review and
approval of the Community Development Department.
(1) 5.3 The exact color and stucco finish to be utilized on exterior
(4) building walls, and the color on window frames shall be
subject to approval of the Director of Community Development.
The Community Development Department would suggest darkening
the sand finished plaster accent color.
(1) 5.4 Note on 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.
(1) 5.5 All mechanical and electrical fixtures and equipment shall be
(4) 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 the
buildings. All telephone and electrical boxes shall be
indicated on the building plans and shall be completely
screened. Electrical transformers shall be located toward the
interior of the project maintaining a sufficient distance from
frontage of the project and shall not be located in any
landscaping setback and adjacent to street.
( 5.6 Submit detail for all on-site walls to be constructed by
(4) developer. Show type of wall cap and color, exterior
E- tbit A
I lution No. 2731
Ja,ivary 8, 1990
Page 8
materials and decorative treatment of all exposed walls. Said
walls shall be consistent with main building treatments and
have a round, decorative cap. Design of walls/fences shall
be subject to final approval of the Community Development
Department and should be consistent with main building
treatments.
(1) 5.7 Provide additional details on lighting scheme for project.
(3) Note final locations of and intensity of all exterior lights.
(4) All lighting fixtures shall be located or designed so to
direct rays of light so they do not shine on adjacent
properties. Show lighting to be installed on buildings.
(4) 5.8 Provide structural details, colors and materials for block
trash enclosure walls. The trash enclosures shall be
architecturally treated to match the buildings and shall have
solid metal gates.
( 5.9 All roof drains shall be internal and not visible on building
(4 ) elevations. All roof drains shall be designed so that run-
off is properly drained into concrete swales.
5.10 Note on plans that utilities serving site to be underground.
Show all above ground locations for meters, transformers,
manifolds and details for screening. Transformers shall not
be permitted within required setback areas. Remove all
existing overhead utilities exclusively serving site.
(1) 5.11 A revised, detailed project sign program including design,
(3) location, sizes, color and materials shall be submitted for
review and approval by the Department of Community
Development. The sign program shall include project
identification, addressing and directional signs to direct
autos to proper access, parking and loading and include any
traffic restrictions. Traffic and secondary signs shall be
standard sizes and utilize decorative metal posts. All signs
shall be in accordance with the Tustin Sign Code and subject
to the proper permit requirements.
5.12 Any mailbox detail shall indicate color and exterior treatment
-- and design -shall be consistent with exterior building design
subject to approval of the Community Development Department
and the Postal Service.
5.13 Note on plans that no outdoor storage is permitted except as
E, obit A
F lution No. 2731
J6..aary 8, 1990
Page 9
approved by the City of Tustin Community Development Director.
5.14 Note on plans that Buildings C and D should show areas on the
site plan for 12' x 25' loading areas.
5.15 Provide truck turning radius details on technical plan.
5.16 Provide details to be reviewed and approved by the Community
Development Department for soundproofing of drive-thru
speakers.
5.17 The Carl's Jr. drive thru lane shall show a minimum of 35'
clearance.
5.18 Indicate on floor plans a physical barrier to restrict public
access to the mezzanine level of Buildings A and B. The
mezzanine level shall never be used for general retail space.
5.19 Change Newport Avenue elevation of Carl's Jr. Restaurant to
include an eave to add depth and be more compatible with
overall design theme. Corrected plans shall be reviewed and
approved by the Community Development Department Director.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(7) 6.1 At final plan check a completely detailed landscape and
irrigation- plan must be submitted for landscaping with
whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing
identification to plant materials in their actual location.
The plan and table must list botanical and common names,
sizes, spacing, actual location and quality of the plant
materials proposed. Show planting and berming details, soil
preparation, staking, etc. The irrigation plan shall show
location and control of backflow prevention devices, pipe
size, sprinkler type, spacing and coverage. Details for all
equipment must be provided. The Department of Community
Development may request minor substitutions of plant materials
or request additional sizing or quantity of materials during
plan check. Note on landscaping plan that coverage of
landscaping is subject to field inspection at project
completion by the Community Development Department.
( 6.2 The submitted landscaping plans at plan check must reflect the
following requirements:
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F lution No. 2731
Jd,saary 8, 1990
Page 10
a) Turf is unacceptable for grades over 25%. A combination
of planting materials must be used, ground cover along
on large areas is unacceptable.
b) Buffer driveway and parking areas with a 30" high minimum
landscaping berm, specifically along Newport Avenue.
C) Provide a minimum of one (1) 15 gallon size tree and 5
gallon size shrubs for every 30' of property line on the
property perimeter.
d) Landscape plan shall indicate one (1) 15 gallon size tree
provided for each 5 parking spaces within an open parking
area.
e) Shrubs shall be a minimum of 5 gallon size and spaced a
minimum of eight feet on center when intended as screen
planting.
f) Ground cover shall be planted between 8 and 12 inches on
center.
g) A newly planted tree shall be staked according to City
standards.
h) Up along fences and/or walls and equipment areas provide
landscaping screening with shrubs, and or vines and trees
on the northerly facing building frontage.
i) Note on plans that all plant materials shall be installed
in a healthy vigorous condition typical to the species.
Also note that all landscaping must be maintained in a
neat and healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of diseased
or dead plants.
j) In irrigation areas, controller to be enclosed in
lockable housing. Design irrigation systems to provide
sufficient coverage as well as avoiding water overspray
on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
k) All landscaped planters shall be contained by a minimum
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F lution No. 2731
Ju..aary 8, 1990
Page 11
* 6.3 Indicate details, colors, textures and materials for all
paving and exterior walkways. Provide entry driveway
treatments to enhance entrances to project utilizing colored
interlocking pavers. Brick treatments should also be designed
and integrated into exterior walkways on the project site (not
in the public right-of-way) to create a reinforced pedestrian
corridor that is more decorative. Concrete utilized on the
walkways shall be integrally colored to improve appearance
over time.
6.4 The landscape plan for the project shall be modified to
incorporate the conditions contained and as follows:
a) Major points of entry to the project and internal
pedestrian circulation routes shall receive specimen
trees to create an identification theme for the project.
b) Please note that large scale buildings shall be
complimented by appropriately scaled landscaping. Please
provide an upgrade of the palm species type to compliment
the large scale buildings.
C) Steel pipe guards shall be decorative and subject to
approval of the Community Development Department as to
location and design.
d) Further reinforce separated pedestrian circulation
systems from traffic circulation systems by the use of
decorative pavement treatments and landscaping.
e) Further enhance and signify the project entryway. As the
entry is the focal point of the site, larger tree
treatments shall be provided with a variety of color as
well as incorporation of special elements such as water
etc.
f) Further enhance column treatments under arcades by adding
planters containing greenery and flowers to soften the
pedestrian walks.
6.5 Secure a maintenance agreement with Cal Trans for the
landscaping setback along the I-5 Freeway.
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RESOLUTION NO. 2732
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING THE
DESIGN REVIEW NO. 89-68 FOR THE ARCHITECTURAL
STYLE OF A RETAIL CENTER ON A SITE IN A
PLANNED COMMUNITY COMMERCIAL DISTRICT (PC -C)
FOR THE PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF NEWPORT AVENUE AND THE SANTA ANA
FREEWAY, 14041 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That a proper application, Design Review 89-
68, was filed by CMS Development requesting
approval of the architectural style of a
retail center including a free-standing Carl's
Jr. Restaurant totaling 45,376 square feet.
B. A public hearing was duly called, noticed and
held on January 8, 1990.
C. Pursuant to Section 9272 of the Tustin
Municipal Code, the Planning 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 Planning Commission
has considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Towers, roof structures, doors and
windows.
6. Landscaping, parking area design and
traffic circulation.
7. Location, height and standards of
exterior illumination.
8. Location and method of refuse storage.
9. Relationship of proposed structures to
existing adjacent uses.
Resolution No. 2732
January 8, 1990
Page 2
10. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood.
11. Proposed signing.
12. Development guidelines and criteria as
adopted by the City Council.
II. The Planning Commission conditionally approves
Design Review No. 89-68 authorizing the
architectural style of the subject retail center
project subject to all conditions contained in
Exhibit A of Planning Commission Resolution No.
2731.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the 8th day
of January, 1990.
LESLIE ANNE PONTIOUS,
Chairman
PENNI FOLEY,
Recording Secretary
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RESOLUTION NO. 2731
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN
(USE PERMIT 89-47) FOR A RETAIL CENTER ON A
SITE IN A PLANNED COMMUNITY COMMERCIAL
DISTRICT (PC -C) FOR THE PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT AVENUE AND THE
SANTA ANA FREEWAY, 14041 NEWPORT AVENUE;
APPROVING A DRIVE-THRU LANE FOR CARL'S JR.
RESTAURANT; AND DENYING A 501- 0" HIGH, 216
SQUARE FOOT FREEWAY POLE SIGN.
The Planning. Commission of the City of Tustin does
hereby resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That a proper application, Use Permit 89-47,
has been filed on behalf of CMS Development
requesting approval of a development plan for
a retail center totalling 45,376 square feet
located at 14041 Newport Avenue on property
legally described as Assessor's Parcel Numbers
402 - 371 - 1 - 51 13, 21 - 25. The applicant
is also requesting approval of the drive-thru
lane for Carl's Jr. Restaurant, and a 50' - 0"
high freeway pole sign for Carl's Jr.
Restaurant.
B. A Negative Declaration has been filed in
accordance with the California Environmental
Quality Act.
C. A public hearing was duly called, noticed and
held on January 8, 1990.
D. That establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort, or
general welfare of the persons residing or
working in the neighborhood of such proposed
use, as evidenced by the following findings:
1. The uses applied for are in conformance
with the requirements of the Tustin
General Plan.
2. The uses applied for are in conformance
with the requirements of the Tustin
Zoning Code.
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Resolution No. 2731
Page two
3. The project has been designed to be
architecturally compatible with the area.
4. The project has been conditioned to allow
only those uses which will be compatible
with neighboring and adjacent uses.
5. The proposed development conforms with
the established guidelines for
development of Planned Community
Commercial properties as established by
Planning Commission Resolution No. 2411.
6. That the project is consistent with
Planning Commission Resolution No. 2411,
outlining guidelines for review of
projects on properties located in the
Planned Community Commercial District.
E. That the establishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, and should be granted.
F. Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, State
of California Fire Code as administered by the
Orange County Fire Marshal, and street
improvement requirements as administered by
the City Engineer.
G. Final development plans shall require the
review and approval of the Community
Development Department.
II. The Planning Commission hereby approves
Conditional Use Permit 89-47 approving the
development plan for a retail commercial
center at the southwesterly corner of Newport
Avenue and the Santa Ana Freeway, 14041
Newport Avenue, and approving a drive-thru
lane for Carl's Jr. Restaurant subject to all
conditions contained in Exhibit A attached
hereto and incorporated herein.
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Resolution No. 2731
Page three
III. The Planning Commission finds and determines as
follows:
A. That establishment and maintenance of the use
applied for (pole sign) will be detrimental to
the health, safety, morals, comfort and
general welfare of the persons residing or
working in the neighborhood of such proposed
use, as evidenced by the following findings:
1. That the location and height of the sign
will create visual blight for existing
surrounding uses.
2. That the City of Tustin Sign Code only
permits freeway oriented pole signs for
eating, automotive related or lodging
facilities subject to the granting of a
Conditional Use Permit.
3. That the proposed pole sign will be
injurious or detrimental to property and
improvements in the neighborhood or the
general welfare of the City as evidenced
by the following:
a. That the position of Carl's Jr.
Restaurant on the site plan provides
adequate freeway exposure for
signage.
b. That the types, sizes and locations
of signage currently permitted by
the Sign Code provide adequate
opportunity for visible signage and
business identification.
C. Approval of such sign would initiate
a precedent for other freeway pole
signs.
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Resolution No. 2731
Page four
IV. The Planning Commission hereby disapproves the
portion of Use Permit 89-47 requesting a 50' 0"
freeway pole sign for Carl's Jr. Restaurant.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the 8th day
of January, 1990.
LESLIE ANNE PONTIOUS,
Chairman
PENNI FOLEY,
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 89-68
CONDITIONS OF APPROVAL
RESOLUTION NO. 2731
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 8, 1990
on file with the Community Development Department, as herein
modified, or as modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. Submitted plans constitute the approved development
plan and, except as modified herein, shall not be modified
without prior approval of an amendment to this Use Permit.
(1) 1.2 Unless otherwise specified, all conditions contained in this
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 Parking for the proposed retail center shall be maintained as
(2) follows:
° 1 parking space per 250 square feet of general
showroom/general retail space.
1 parking space per 500 square feet of mezzanine/storage
space.
1 parking space per 3 seats for restaurant uses space.
*** 1.4 The uses authorized by the approval of Use Permit 89-47 are
(8 ) as follows:
a. The type of uses allowed in the project shall
substantially conform to those uses authorized in the
C-1 and C-2 Zoning District except for those uses
specifically prohibited in this Resolution. All uses
which require a Conditional Use Permit as listed in the
C-2 Zoning District will also require a Conditional Use
Permit for this site.
b. Prohibited Uses: medical, dental and/or chiropractic
offices, auto repair or retail auto parts sales or
installation, schools or training facilities,
laundromats, convenience or liquor stores, arcades or
other gaming establishments, adult bookstores and massage
establishments. These uses are prohibited to ensure
compatibility of land uses with the adjacent residential
properties, ensure compliance with the parking
requirements listed herein and to comply with the
requirements of Planning Commission Resolution No. 2411.
*--- 1.5 Use Permit approval shall become null and void unless all
building permits for the project are issued within 1 year of
.iibit A
Resolution No. 2731
Page 2
the date on this exhibit and substantial construction is
underway.
*** 1.6 The applicant shall execute and file an agreement with the
(1) Public Works -Department agreeing to maintain all landscaping
in the public parkways adjacent to the site.
*** 1.7 The applicant shall submit a Tentative Parcel Map to be
reviewed by the Community Development Department approved by
the Planning Commission and City Council, prior to issuance
of any building permits for the project.
(1) 1.8 The applicant shall execute and file an agreement to be
*** reviewed by the Community Development Department providing
joint access agreements throughout the project site.
*** 1.9 In the event that, through private negotiations, the project
site configuration includes the Headache Treatment Center a
reciprocal access agreement will be required. In addition,
once there are improvements made to the Headache Treatment
Center property that would require a building permit street
improvements along Mitchell will be required.
(1) 1.10 The applicant shall submit plans delineating any existing or
*** future easements on the project site. All said easements
shall be shown on the Tentative Parcel Map.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A. 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. Plans should reflect architectural details and
elevations for all structures, walls, mechanical
equipment enclosures, trash enclosures and any other
construction level drawings necessary to accurately
reflect all proposed construction.
(2) B. Preliminary technical detail and plans for all utility
(3) installations including cable TV, telephone, gas, water
and electricity. Additionally, a note on plans shall be
included stating that no field changes shall be made
without corrections submitted to and approved by the
Community Development Department.
.nibit A
Resolution No. 2731
Page 3
(2) C. Final grading and specifications consistent with the
(3) site plan and landscaping plans and prepared by a
registered civil engineer for approval of the Community
Development Department.
(2) D. A precise soils engineering report provided by a soils
(3 )- engineer prepared within the previous twelve (12 ) months.
(3) E. Provide technical drawings for electrical, plumbing and
mechanical installation.
(1) F. Presentation of a sedimentation and erosion control plan
for all construction work related to the subject site
including a method of control to prevent dust and
windblown earth problems. The plan shall be reviewed and
approved prior to rough grading of the site.
(1) G., Information, plans and/or specifications to ensure
satisfaction of all Public Works Department requirements
including but not limited to:
(6) 1. Dedication of all required street vehicular access
*** rights, sewer easements and water easements defined
and approached as to specific location by the City
Engineer and other responsible agencies.
(6) 2. The construction of any new on-site fire hydrants
*** will require a detector check within an easement per
City Standard No. 129. A legal description and
sketch of the easement areas along with a copy of
the latest vesting for this property shall be
submitted to the Engineering Division for review and
preparation of an easement deed. Said deed must be
executed by the property owner prior to any
approvals/permits from the Engineering Division.
(1) 3. Construction or replacement of all missing or
(2) damaged public improvements will be required and
shall include but not be limited to the following:
a. Curb and gutter
b. Sidewalk
C. Wheelchair ramp
d. A.C. pavement
e. Street lights
f. Domestic water service
g. Fire hydrant/fire service ( if required by O.C.
Fire Marshal)
aibit A
Resolution No. 2731
Page 4
h. Sanitary sewer lateral
(1) 4. Separate street improvement plans (24" x 36" sheet)
are required for all work within the public right-
of-way and all construction items referenced to the
City Standard drawing number.
(1) 5. Applicant shall be responsible for pavement markings
*** along Newport Avenue to accommodate the
channelization. All pavement marking will be
subject to review and approval by the City Engineer.
*** 6. Prior to occupancy, the applicant shall meet with
the City Traffic Engineer to finalize the number and
placement of on-site directional signs.
*** 7. Prior to occupancy, the applicant shall upgrade the
(2,6) signal at Newport and Mitchell. This includes the
installation of exclusive left turn phasing on
Newport Avenue as well as necessary inter -connect
equipment to tie into the City's computer signal
system.
*** 8. All project driveways shall be designed using a
(2,6) 15 foot curb radius.
*** 9. All curb areas within the site not part of parking
(216) stall design shall be painted red.
(1) 10. Clear sight triangles 20' x 20' shall be maintained
at each access drive. In particular, no landscaping
signs or vegetation between 3' and 8' above the
gutter line shall be installed.
(6) H. The applicant shall comply with all requirements of the
Orange County Fire Marshal, including required fire flow,
installation where required of fire hydrants subject to
approval as to location by the Fire .Department, City of
Tustin Public Works Department, Tustin Water Works and
compliance with all requirements pertaining to
construction as follows:
1. Prior to issuance of building permits for
combustible construction, evidence that adequate
- water supply and operational fire hydrants are
available for fire protection shall be submitted and
approved by the Orange County Fire Marshal. The
applicant shall also submit water improvement plans
:hibit A
_.asolution No. 2731
Page 5
for approval of the Fire Marshal.
2. All required Orange County Fire Department signs
shall be posted and designed in accordance with the
Orange County Fire Department requirements.
3. Prior to the issuance of any building permits, plans
for commercial fire extinguishing system shall be
approved by the Fire Chief. Such systems shall be
operational prior to the issuance of a certificate
of use and occupancy.
4. Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency
vehicle access for the number of dwelling units
served.
5. Prior to the issuance of any certificates of use and
occupancy, the fire lanes shall be red curbed and
posted "No Parking -Fire Lane" as per 1985 Uniform
Building Code Section 10.207 in a manner meeting the
approval of the County Fire Chief. (CM7-28II)
*** 2.2 Any underground gasoline tanks shall be removed and any toxic
(2) soils or substances removed from the site in accordance with
the County of Orange Hazardous Materials Division
requirements, prior to issuance of building permits.
NOISE
(1) 3.1 All construction operations including engine warm up shall be
(2) 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.
FEES
(1) 4.1 Prior to issuance of any building permits, payment shall be
made of all required fees including:
A. Tentative Parcel Map
hibit A
Resolution No. 2731
Page 6
B. Major thoroughfare and bridge fees to Tustin Public Works
Department.
C. Sanitary sewer connection fee to Orange County Sanitation
District.
D. Grading plan checks and permit fees to the Community
Development Department.
E. All applicable Building plan check and permit fees to the
Community Development Department.
F. New development fees to the Community Development
Department.
G. School facilities fee to the Tustin Unified School
District.
H. Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
of Tustin and City of Santa Ana dated November 6, 1989
and as identified as the Tustin -Santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
SITE AND BUILDING CONDITIONS
(1) 5.1 All improvements, materials and colors shall substantially
(4) conform to the approved plans, date stamped January 8, 1990
.any changes shall be subject to review and approval of the
Director of the Community Development Department. All
exterior treatments must 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.
(4) 5.2 The actual finished textures shall be subject to review and
approval of the Community Development Department.
(1) 5.3 The exact color and stucco finish to be utilized on exterior
(4) building walls, and the color on window frames shall be
subject to approval of the Director of Community Development.
The Community Development Department would suggest darkening
the sand finished plaster accent color.
(1)
5.4 Note on 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.
5.5 All mechanical and electrical fixtures and equipment shall be
adequately and decoratively screened. The screen shall be
.hibit A
..esolution No. 2731
Page 7
considered as an element of the overall design of the project
and shall blend with the architectural design of the
buildings. All telephone and electrical boxes shall be
indicated on the building plans and shall be completely
screened. Electrical transformers shall be located toward the
interior of the project maintaining a sufficient distance from
frontage of the project and shall not be located in any
landscaping setback and adjacent to street.
(1) 5.6 Submit detail for all on-site walls to be constructed by
(4) developer. Show type of wall cap and color, exterior
materials and decorative treatment of all exposed walls. Said
walls shall be consistent with main building treatments and
have a round, decorative cap. Design of walls/fences shall
be subject to final approval of the Community Development
Department and should be consistent with main building
treatments.
(1) 5.7 Provide additional details on lighting scheme for project.
Note final locations of and intensity of all exterior lights.
All lighting fixtures shall be located or designed so to
direct rays of light so they do not shine on adjacent
properties. Show lighting to be installed on buildings.
(4) 5.8 Provide structural details, colors and materials for block
trash enclosure walls. The trash enclosures shall be
architecturally treated to match the buildings and shall have
solid metal gates.
(1) 5.9 All roof drains shall be internal and not visible on building
(4) elevations. All roof drains shall be designed so that run-
off is properly drained into concrete swales.
5.10 Note on plans that utilities serving site to be underground.
Show all above ground locations for meters, transformers,
manifolds and details for screening. Transformers shall not
be permitted within required setback areas. Remove all
existing overhead utilities exclusively serving site.
(1) 5.11 A revised, detailed project sign program including design,
(3) location, sizes, color and materials shall be submitted for
review and approval by the Department of Community
Development: The sign program shall include project
identification, addressing and directional signs to direct
autos to proper access, parking and loading and include any
traffic restrictions. All signs shall be in accordance with
the Tustin Sign Code and subject to the proper permit
requirements; reflecting the following:
dbit A
___solution No. 2731
Page 8
° One (1) business identification sign per tenant per
building frontage. Maximum size front wall: 15% of wall
area not to exceed 75 square feet. Maximum size rear and
side wall: 5% of wall area not to exceed 25 square feet.
Hanging arcade signs not to exceed one sign per tenant
nor larger than six (6) square feet per face. Signs must
be below the roof line and maintain a seven (7) foot
clearance from sidewalk or pedestrian level to lowest
point of sign.
One (1) monument sign for center identification not to
exceed 75 square feet or six (6) feet in height per
street frontage. A tenant identification directory may
be incorporated on the center identification monument
provided the sign does not exceed 75 square feet per face
nor six (6) square feet per tenant.
° Traffic and secondary signs shall be standard sizes and
utilize decorative metal posts. Actual size, design and
location shall be subject to Community Development
Department Director
5.12 Any mailbox detail shall indicate color and exterior treatment
and design shall be consistent with exterior building design
subject to approval of the Community Development Department
and the Postal Service.
5.13 Note on plans that no outdoor storage is permitted except as
approved by the City of Tustin Community Development Director.
5.14 Note on plans that Buildings C and D should show areas on the
site plan for a minimum 12' x 25' loading areas.
5.15 Provide truck turning radius details on technical plan.
5.16 Provide details to be reviewed and approved by the Community
Development Department for soundproofing of drive-thru
speakers.
5.17 The Carl's Jr. drive thru lane shall show a minimum of 35'
clearance.
5.18 Indicate on floor plans a physical barrier to restrict public
access to 'the mezzanine level of Buildings A and B. The
mezzanine level shall never be used for general retail space
and shall be used for storage and display space only.
:hibit A
Resolution No. 2731
Page 9
5.19 Change Newport Avenue elevation of Carl's Jr. Restaurant to
include an eave to add depth and be more compatible with
overall design theme. Corrected plans shall be reviewed and
approved by the Community Development Department Director.
5.20 The rear elevations of Building D shall be revised to provide
additional architectural relief and treatments to reduce the
starkness of this elevation including increasing the building
setback to 18 inches and corresponding reductions in floor
area as appropriate, installation of landscaping particularly
wall climbing vines and shrubs to reduce the visual impact and
where agreements can be obtained from adjacent single family
residences installations of 24" box trees at 20 foot intervals
in a species type and planting location approved by the
Director of Community Development.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
6.1 At final plan check a completely detailed landscape and
irrigation plan must be submitted for landscaping with
whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing
identification to plant materials in their actual location.
The plan and table must list botanical and common names,
sizes, spacing, actual location and quality of the plant
materials proposed. Show planting and berming details, soil
preparation, staking, etc. The irrigation plan shall show
location and control of backflow prevention devices, pipe
size, sprinkler type, spacing and coverage. Details for all
equipment -must be provided. The Department of Community
Development may request minor substitutions of plant materials
or request additional sizing or quantity of materials during
plan check. Note on landscaping plan that coverage of
landscaping is subject to field inspection at project
completion by the Community Development Department.
(7) 6.2 The submitted landscaping plans at plan check must reflect the
following requirements:
a) Turf is unacceptable for grades over 25%. A combination
of planting materials must be used, ground cover along
on large areas is unacceptable.
b) Buffer driveway and parking areas with a 30" high minimum
landscaping berm, specifically along Newport Avenue.
C) Provide a minimum of one (1) 15 gallon size tree and 5
.,chibit A
Resolution No. 2731
Page 10
gallon size shrubs for every 30' of property line on the
property perimeter.
d) Landscape plan shall indicate one (1) 15 gallon size tree
provided for each 5 parking spaces within an open parking
area.
e) Shrubs shall be a minimum of 5 gallon size and spaced a
minimum of eight feet on center when intended as screen
planting.
f) Ground cover shall be planted between 8 and 12 inches on
center.
g), A newly planted tree shall be staked according to City
standards.
h) Up along fences and/or walls and equipment areas provide
landscaping screening with shrubs, and or vines and trees
on the northerly facing building frontage.
i) Note on plans that all plant materials shall be installed
in a healthy vigorous condition typical to the species.
Also note that all landscaping must be maintained in a
neat and healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of diseased
or dead plants.
j) In irrigation areas, controller to be enclosed in
lockable housing. Design irrigation systems to provide
sufficient coverage as well as avoiding water overspray
on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
k) All landscaped planters shall be contained by a minimum
6" high concrete curb.
* 6.3 Indicate details, colors, textures and materials for all
paving and exterior walkways. Provide entry driveway
treatments to enhance entrances to project utilizing colored
interlocking pavers. Brick treatments should also be designed
and integrated into exterior walkways on the project site (not
in the public right-of-way) to create a reinforced pedestrian
corridor that is more decorative. Concrete utilized on the
walkways shall be integrally colored to improve appearance
over time.
E. Di.t A
Resolution No. 2731
Page 11
6.4 The landscape plan for the project shall be modified to
incorporate the conditions contained and as follows:
a) Major points of entry to the project and internal
pedestrian circulation routes shall receive specimen
trees to create an identification theme for the project.
b) Please note that large scale buildings shall be
complimented by appropriately scaled landscaping. Please
provide an upgrade of the palm species type to compliment
the large scale buildings.
C) Steel pipe guards shall be decorative and subject to
approval of the Community Development Department as to
location and design.
d) Further reinforce separated pedestrian circulation
systems from traffic circulation systems by the use of
decorative pavement treatments and landscaping.
e) Further enhance and signify the project entryway. As the
entry is the focal point of the site, larger tree
treatments shall be provided with a variety of color as
well as incorporation of special elements such as water
etc.
f) Further enhance column treatments under arcades by adding
planters containing greenery and flowers to soften the
pedestrian walks.
6.5 Secure a maintenance agreement with Cal Trans for the
landscaping setback along the I-5 Freeway.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
SPECIFIC PLAN
(2)
EIR MITIGATION
(6)
RESPONSIBLE AGENCY REQUIREMENT
(3)
UNIFORM BUILDING CODE(S)
(7)
LANDSCAPING GUIDELINES
(4)
DESIGN REVIEW
(8)
PC/CC POLICY
*** EXCEPTION*
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned,
Secretary of the Planning Commission
Resolution No. ;2 -7 3 / was duly
the Tustin Planning Commission, held
19ga .
e _
CzNNI FOLEY
Recording Secretary
hereby certify that I am the Recording
of the City of Tustin, California; that
passed and adopted at.a regular meeting of
on the day of
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INC.A1PLANNI N GCA92M(7U)540-M4
NEGA A HVE DECLARA , ON
CITY OF TUSTIN
300 CENTENNIAL WAY, TUSTIN, CA. 92680
Project Title: USE PERMIT 89-47 File No. Up 89-47
CMS DEVELOPMENT
Project Location: 14041 NEWPORT AVENUE
Project Description: NEW 41,765 SQUARE FOOT RETAIL/RESTAURANT CENTER
Project Proponent: CMS DEVELOPMENT - CODY SMALL
Contact Person: BETH SCHOEMANN Telephone: 544-8890 Ext. 9-73
The Community Development Department has conducted an initial study for the
above project in accordance with the City of Tustin's procedures regarding
implementation of the California Environmental Quality Act, and on the basis of
that study hereby find:
That there is no substantial evidence that the project may have a
significant effect on the environment.
potential
significant
affects were
identified, but revisions have
aThat
been included
in the project plans and
agreed to by the applicant that
would avoid or mitigate
the affects
to a point where clearly no
significant effects would
occur. Said
revisions are attached to and
hereby made a
part of this
Negative Declaration.
Therefore, the preparation of an Environmental Impact Report is not required.
The initial study which provides the basis for this determination is on
file at the Community Development Department, City of Tustin. The public
is invited to comment on the appropriateness of this Negative Declaration
during the review period, which begins with the public notice of a
Negative Declaration and extends for seven calendar days. Upon review by
the Community Development Director, this review period may be extended if
deemed necessary.
REVIEW PERIOD ENDS 4:30 p.m. on JANUARY 8, L9,90
r
DATED: DECEMBER 18, 1989
Community Deve opment Director
N
CITY OF TUSTIN V
( inity Development Department
ENVIR NMENTAL INITIAL STUDY FORM
0 '
I. Bcdcground
I. Name of Proponent CMS DEVELOPMENT
2. Address and Phone Number of Proponent 3199 A-3 AIRPORT LOOP DRIVE
COSTA MESA, CA. 92625
3. Date of Checklist Submitted DECEMBER 13, 1989
4. Agency Requiring Checklist CITY OF TUSTIN
5. Name of Proposal, if applicable COMMERCIAL RETAIL SHOPPING CENTER
II. Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
Yes . Mqrbe No
I. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes
in geologic substructures? X
It b. Disruptions, displacements, compaction
or overcovering of the soil? X
c. Change in topography or ground surface
relief features? X
d. The destruction, covering or modification
of any unique geologic or physical features? X
e. Any increase in- wind or water erosion of
soils, either on or off the site?.
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay, in let or lake? X
YesMcg No
g.
Exposure of people or property to geolo-
gic hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
X
2. Air. Will the proposal result in:
a.
Substantial air emissions or deterioration
of .ambient air quality?
X
.b.
The creation of objectionable odors?
X
C.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
X
3. Waiter. Will the proposal result in:
a.
Changes in currents, or the course of di-
rection of water movements, in either
marine or fresh waters?
X
b.
Changes in absorption rates, drainage pat-
terns, or the rate and amount of surface
runoff?
X
c.
Alterations to the course or flow of flood
wate rs?
X
d.
Change in the amount of surface water in
any water body?
X
e.
Discharge into surface waters, or in any
alteration of surface water quality, in-
cluding but not limited to temperature,
dissolved oxygen or turbidity?
X
f.
Alteration of the direction or rate of flow
of ground waters?
X
g.
Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavations?
X
h.
Substantial reduction in the amount of
water otherwise available for public water
suPp, lies?
X -
i.
Exposure of people or property to water re-
lated hazards such as flooding or tidal waves?
X
Yes Mq§e No
' 4.
P I ant Life. Will the p rop osa I result in:
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
X
b. Reduction of the numbers of any unique,
X
rare or endangered species of plants?
c. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
X
d. Reduction in acreage of any agricultural
crop?
X
S.
Animal Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
X
shellfish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,
- rare or endangered species of animals?
X
c. Introduction of new species of animals into
an area, or result in a barrier to the
migration or movement of animals?
X
d. Deterioration to existing fish or wildlife
habitat? "
X
6.
Noise. Will the proposal result in:
a. Increases in existing noise levels?
X
b. Exposure of people to severe noise levels?
X
7.
Light and Glare. Will the proposal produce
new light or glare?
X
8.
Land Use. Will the proposal result in a sub-
stantial alteration of the prese-ot or planned
land use of an area?
X
9.
Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
X
Yes No
b. Substantial depletion of any nonrenewable
natural resource?
10.
Risk of Upset. Mill the proposal involve~
a. A risk of an explosion or the release
of hazardous substances (including, but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
X
upset conditions?
b. Possible interference with an emergency
response plan or an emergency evacuation
plan?_
11.
Population. Will the proposal alter the location,
distribution, density, or growth rate of the
human population of an area?
-
12.
Housing. Will the proposal affect existing hous-
ing, or create a demand for additional housing?
X
13.
Transportation/Circulation. Will .the proposal
result in:
a. Generation of substantial additional
veh icular . movement?
X
b. Effects on existing parking facilities, or
demand for new parking?
X
c. Substantial impact upon existing transpor-
tation systems?
X
d. Alterations to present patterns of circula-
tion or movement of people and/or- goods?
X
e. Alterations to waterborne, rail or air
traffic?
X
f. Increase in traffic hazards to motor
•
vehicles, bicyclists or pedestrians?
I
X
_j.-
14.
Public Services. Will the proposal have an
effect upon, or 'result in a need for new or
altered govemmentol services in any of the
following areas:
X
a. Fire protection?
X
b. Police protection?
X
c. Schools?
X
Yes No
d. Parks or other recreational facilities?
X
e. Maintenance of public facilities, including
roads?
- X
f. Other governmental services?
X
15.
Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
X
b. Substantial increase in demand upon exist-
ing sources of energy, or require the
X
development of new sources of energy?
16.
Utilities. Will the proposal result in a need
for new systems, or substantial alterations to
the following utilities:
a. Power or natural gas?
X
b. Communications systems?
X
c. Water?
X
d. Sewer or septic tanks?
X
e. Storm water drainage?
X
f. Solid waste and disposal?
X
17.
Human Health. Will the proposal result in:
•
a. Creation of any health hazard or potential
healtlJ� hazard (excluding mental health)?
X
b. Exposure of people to potential health
hazards?
X
18.
Aesthetics. Will the proposal result in the
obstruction of any scenic vista or view open to
the public, or will the proposal result in the
creation of on aesthetically offensive site open
X
to public view?
19.
Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities?
X
20.
Cultural Resources.
a. Will the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeological site?
�,,
Yes Maybe No
b.
Wi I I the proposal result in adverse physical
or aesthetic effects to a prehistoric or
X
historic building, structure, or object?
c.
Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values?
X
d.
Mill the proposal restrict existing religious
or sacred uses within the potential impact
area?
X
21. Mandatory Findings of Significance.
a.
Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wild-
life population to drop below self sus-
taining levels, threaten to eliminate a
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
X
b.
Does the project' have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts
will endure well into the future.)
X
c.
Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may in -pact on two
or. more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
X
d.
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
X
III. Discussion of Environmental Evaluation
IV. Determination
(To be completed by the Lead Agency)
On the basis of th; tial evaluation:
I find that the proposed project COULD NOT have a significant effect I ,
on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect II
on the environment, there will not be a significant effect in this caseXX 1
because the mitigation measu res described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect on the environ- I I
ment, and an ENVIRONMENTAL IMPACT REPORT is required.
DECEMBER 18, 1989 : �--f 1 -.� r i !'i�✓�� ��1
Date ignature
1. Associate Planner
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