HomeMy WebLinkAboutPH 2 USE PERMIT 89-21 07-17-89TO:
FROM:
SUBJECT:
HONORABLE RAYOR AND MEMBERS OF THE CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMIT 89-21
APPLICANT:
JDHN CHAMPION
CHAMPION DEVELOPMENT COMPANY
100 OCEANGATE BOULEVARD
SUITE 6OO
LONG BEACH, CALIFORNIA 90802
ZONING:
PC-CORM - PLANNED COMMUNITY COMMERCIAL
ENVIRONMENTAL
STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT.
REQUEST:
TO CONSTRUCT A 18,200 SQUARE FOOT RETAIL CENTER ON A 1.49 ACRE
PARCEL LOCATED AT THE SOUTHEAST CORNER OF NEWPORT AVENUE AND MAIN
STREET.
RECOM~,~NDATION
It is recommended that the City Council:
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Certify the Negative Declaration as adequate for the project hy adoption of
Resolution No. 89-101 as submitted or revised; and
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Approve Use Permit 89-21 by the adoption of Resolution No. 89-102 as
submitted or revised.
BACKGROUND
The applicant proposes to construct a 18,200 square foot retail center on a 1.49
acre site located at the southeast corner of Newport Avenue and Main Street.
The site is located in the PC-C-Planned Community Commercial zone which requires
approval of a Conditional Use Permit prior to any development. On June 26, 1989
the Planning Commission held a public hearing on the project and approved the
Use Permit. While such a project does not normally require a public hearing
before the City Council, staff was made aware that some property owners in the
required mailing area (300 foot radius) were not notified due to an error in the
County's official Assessor's Parcel Rolls. As a courtesy to these property
owners and in light of some additional issues raised at the Planning Commission
hearing, a second hearing has been scheduled and noticed as recommended by the
City Attorney's office.
City Council Report
July 17, 1989
Use Permit 89-21
Page two
The project is described in Exhibit A (attached) which is the report presented
to the Planning Commission. This report discusses the features of the project
and the approved Planning Commission resolutions are included to identify all of
the conditions placed on the project. One of the conditions references the
issue of traffic safety provisions at the Newport Avenue and Andrews Street
intersection. The results of further analysis by the City Traffic Engineer have
been completed and other issues related to the project are discussed in this
report.
A~iAL Y S ! S
The project, as mentioned in the attached staff report, is in the South Central
Redevelopment Area and the properties (three separately owned parcels) were
assembled and designed without any Redevelopment Agency assistance. In an
effort to reduce costs to the developer, the project has been "fast-tracked" and
given priority processing. However, each department which is a ,member of the
Design Review Committee has thoroughly reviewed the project and the appropriate
design features and conditions have been suggested for the project as would any
normal project.
Upon conducting the public hearing with the Planning Commission several issues
were discussed and concerns were raised by the property owners and residents in
the area. These issues and concerns are discussed further below:
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Land Use Restrictions - The original conditions of approval suggested hy
staff excluded any auto parts sales outlets. However, at the request of
the applicant the conditions were changed to allow "specialty auto
accessories". This type of use was explained by the applicant as being a
sales outlet for Porsche, Jaguar and other high end vehicle accessories.
Staff's concern with auto parts and accessory sales is with the incidental
installation of such parts and accessories by the purchaser in the parking
lot. This installation can lead to loitering, litter and increased noise.
The applicant has been approached by such a tenant and wished to have this
flexibility in the conditions of approval. However, staff suggests that
the conditions be revised to prohibit any auto related uses regardless of
type, to avoid future conflicts with the nearby residents. These
restrictions have been applied to similar projects such as Plaza La
Fayette, Tustin Plaza and other projects in Planned Community Commercial
Di st ricts.
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Traffic and Circulation - Some of the key objectives in the Guidelines for
Development of Planned Community Commercial Properties (Resolution No. 2411
attached to Planning Commission Staff Report) is to provide for lot
consolidation, visibility and to reduce traffic and circulation hazards
created by existing land use patterns. In this regard, the project has
been designed to reduce such hazards by reducing the number of access
drives from six (6) down to two (2).
Community Development Department
City Council Report
July 17, 19~9
Use Permit 89-21
Page three
intersection were noted by the citizens as being quite difficult at peak
hour traffic (evenings and mornings).
The Traffic Engineer conducted a study of traffic counts at the Newport
Avenue/Main Street and Newport Avenue/Andrews Street intersections to
identify queing distances, signalization cycles and stacking. Counts were
made of Newport {northbound) stacking across the Andrews Street
intersection to identify the rate of compliance with the existing "Keep
Clear" pavement marker. A 50% rate of compliance was observed.
The Traffic Engineer also studied the potential trip generation to be
expected by the project including reviewing the Andrews Street intersection
at Newport to identify existing and potential stacking and left turn
movements to southbound Newport Avenue. Standard traffic generation rates
were applied against existing land uses and the square footage of the
proposed project to identify potential impacts. Based on this analysis,
the new project will generate a maximum of 80 vehicle trips at a.m. and
p.m. peak hours as compared to 15 peak hour vehicle trips for existing uses
on the site. The Andrews left turn movement would not be expected to
exceed four vehicles stacked at any one time and then only during worse
case conditions. Also, the peak hours of the existing traffic patterns
(7-9 and 4-6) are anticipated to be different from those of the proposed
'center. Additionally, special land use restrictions have been applied to
prohibit auto parts, convenience and other "peak hour" traffic generating
uses. Conditions have been applied to reduce potential traffic hazards,
these conditions include:
1. The northerly access drive shall be realigned to a 90° angle access.
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Installation of "00 NOT BLOCK INTERSECTION" signs at the Newport
Avenue and ,Andrews Street intersection are reaquired. A minimum of
two "NOT A THROUGH STREET" signs shall be posted on Andrews Street.
The actual number and locations of these signs shall be determined by
the traffic engineer. All signs shall be posted prior to building
permit issuance and the cost for these signs shall be paid for by the
developer by filing a cash deposit in the appropriate amount for such
improvements width the City Public ~.~orks Department.
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Red curbs shall be installed along Newport Avenue from the second
driveway south of Andrews Street {professional office building entry)
up to the northerly access drive on qain Street (project entry on
Hain). Additionally, red curbing along the north side of Andrews
Street between the easterly Project property line to Newport Avenue
shall be installed. The traffic engineer shall determine whether or
not some limited parking will be provided on the north side of Andrews
Street either for vehicle loading purposes (maximum 20 minute parkingl
or unlimited parking. All red curbing shall be installed prior to
issuance of a certificate of occupancy and all costs for the work
Community Development Department
City Council Report
July 17, 19,59
Use Permit 89-21
Page four
shall be paid for by the developer by filing a cash deposit in the
appropriate amount for such improvements with the City Public Works
Department.
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"KEEP CLEAR" markings and 12 inch wide boundary bars shall be.placed
on the north and south bound lanes on Newport Avenue prior to building
permit issuance and the cost for such shall be the responsibility of
the developer by filing a cash deposit in the appropriate amount for
such improvements with the City Public Works Department.
¸5.
The applicant shall provide a construction traffic routing plan to the
City Public Works Director for review and approval prior to issuance
of building permit.
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To ensure that the proposed traffic enhancements are effective, the
Public Works Department shall review the traffic patterns periodically
to determine whether or not illuminated caution lights ~r signs are
needed to protect the left turn movements at Andrews Street. Periodic
police enforcement of the "Keep Clear" signs may also be required if
determined to be necessary by the Traffic Engineer. Any required
improvement costs shall be the responsibility of the developer and
deposited in the appropriate amount for such improvements with the
City Public Uorks Department.
These conditions will provide a means for increasing Newport Avenue driver's
awareness of the left turn movements at the Andrews intersection. With these
improvements, the Traffic Engineer estimates that the compliance with the
intersection protection devices will be increased from 50% to 75%.
CONCLUSION
After consideration of the Planning Commission directive and the citizen
concerns with the traffic issues, new conditions have been applied to the
project which will reduce or eliminate the possible conflicts associated with
the new development. With the new conditions and environmental evaluation,
staff suggests that the City Council certify the Negative Declaration as being
adequate and approve Use Permit 89-21.
Laura Kuhn
Senior Planner
LK:pef
Director of Community ~lopment
Attachments:
Exhibit A - Planning Commission Staff Report and Resolutions
Site Plan and Elevations
Negative Declaration and Initial Study
Resolutions No. 89-101 and 89-102
Community Development Department
Planning' Commission
Xtem No. 3
DATE:
SUiAIECT:
APPL I CANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
RECOI~NDATION
dUNE 26, 1989
USE PERIqIT 89-21
~IOHN CHAMPION
CHAMPION DEVELOPMENT COMPANY
100 OCEANGATE BOULEVARD
SUITE 600
LONG BEACH, CALIFORNIA 90802
13662 NEWPORT AVENUE AT HAIN STREET.
PC-COIqq - PLANNED COI~qUNITY COI~ERCIAL
A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROOECT.
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TO CONSTRUCT A 18,200 SQUARE FOOT RETAIL CENTER ON A 1.49 ACRE
PARCEL LOCATED AT THE SOUTHEAST CORNER OF NEWPORT AVENUE AND HAIN
STREET.
It is recommended that the Planning Commission: -,
1. Certify the Negative Declaration as adequate for the project by adoption of
Resolution No. 2634 as submitted or revised; and
2. Approve Use Permit 89-21 by adoption of Resolution No. 2635 as submitted or
revised.
BACKGROUND
The applicant proposes to construct a 18,200 square foot retail center on a 1.49
acre site located at the southeast corner of Newport Avenue and Main Street.
The site is located in the PC-C-Planned Community Commercial zone which requires
approval of a Conditional Use Permit prior to any development. The site is
bounded by apartments on the east and northeast, and commercial uses on the
south across Andrews Avenue, north across Main Street and west across Newport
Avenue.
The project site consists of 3 separate parcels. One lot contains an .abandoned
World Oil gas station, and two lots which currentl, y contain small apartment
Community Development Department
Plannlng '~;ommtsslon Report
Use Permtt 89-21
June 26, 1989
Page ~o
p. ro~ects With 11halted visibility and access to tiewport Avenue. All extstt'ng
tmprovemen~,s on each lot would be demolished to construct the proposed proJect.
Zt has been the expressed destre of the Ctty Council to see these properties
developed as a package tn a comprehensive, cohestve manner. This goal was
reinforced when the Clty Council In August of Z987 rezoned the property to tt's
current zontng designation requiring a development plan for the stte and a
conditional use permit for any development. Gut. deltnes for revle~ of speclftc
.development proposals were also adopted by the Planntng Commission (Resolution
I~o. 241! a~,tached as Exhtbtt 'A') as follo~$:
Ae
Consolidation of lots shall be Incorporated wherever feasible;
B.~ DeveloPment of stngle parcels at the expense of 11mttlng future potential
· .development of other parcels tn the same dlstrtCt and whtch are adjacent to
· the area betng considered, shall be d~scouraged;
C.. 'The Intent of the development plan shall be. to a11o~ maxtmum visibility and
· , accessibility of all parcels tn the same district whtch are adjacent to the
property betng considered; and.
· D,'~ Development plans proposed for Planned Community Commercial properties
,-- should Incorporate uses whtch contribute to the general fund wherever
possible.
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The Tustln Community Redevelopment Agency at a regular meettng on September 6,
:~988. also subsequently approved an Exclusive Agreement. to Negotiate wtth
Champton Development Company, the applicant, for development of a retat1 center
on the .subject stte.
The publlc heartng nottce for thts project was advertised In the Tustln Ne~s and
posted at three public locations. Additionally, nottces were matled to property
o~ners wtthtn a 300 foot radtus of the stte.
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Staff' have revtewed the project for conformance wlth all Ctty codes and
requirements and the 'project ts scheduled for destgn revtew approval on ~uly
:L989 by the South Central Rede.velopment Agency, I~tth the conditions contained
tn the attached resolution, staff ts recommending approval of thts proJect.
ANALYSIS
Staff have revtwed the project and certa~.n tssues and highlights of the project
have been discussed tn detatl, below:
Developmen~ Plan Revte~ -. The Planned Community Commercial Dtstrtct
reqUtres a conditional Use Permtt prior to constructlon of any
· ,Community Development Department
Planntng Co...tsston Report
Use Permtt 89-2!
June 26, 1989
Page three , -
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development. Thts Use Per~tt ts for the purposes of establishing a master
develop, ment plan whtch creates the zontng standards for the stte.
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The submitted development plan for the pr~le'~ proposes a stngle story
butldlng rangtng .tn height from 24.5 to 29.$ feet to .be located parallel
to the easterl:y property 11ne. The proposed butldtng Is'oriented to face
adjacent Newport and Hath Street frontages tO ensure maximum visibility and
to mtntmtze conflicts wtth residential'uses to the east. The proposal at
this ttme also anticipates that approxtmtely 6,000 square feet or 33~ of
the total floor area for the project wtll be devoted to a stngle "anchor"
retatl tenant. The overall lot coverage on the stte ts 28~, with butldtng
setbacks on the stte proposed at a mtnt~um of 32 feet along the north
property 11ne, a mtnt~um of 65 feet along I~atn Street, 170 feet.' along
~lewport Avenue, ftve feet along Andrevs Avenue wtth bulldtng setbacks of 6"
proposed along the easterly property' 11ne.
'... Proposed parktng for the pro~lect ts all located adJacent to publlc streets
· . and Immediately adjacent to proposed store frontages. The proposed project
'i'." propose to provtde a total of 9! parktng spaces, whtch tncludes 68 full
stze stzes, 20 compact spaces and 3 handicapped spaces. Parking Is
,..' proposed at a ~atlo. of 1 parklng space per 200 square feet of gross floor
,.:;. area-which Ss the standard parking requirement associated wtth retatl uses.
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"The s~lte plan proposes to reduce the ~'xtsttng circulation conflicts On the
.~ .site by use of t~o vehicular tngress .and egress points to the stte rather
., than the stx driveways currently being used to access the stte. A prtmary
.' entry and exit point for' the project wtll be provided by a 35 foot '~tde
~.,,. drtveway along Andre~s Avenue and a 50 foot wtde drtveway along ~latn
"..~,,i Street. To'ensure that no potential conflicts nor Interferences ·occur
along Hath Street, the Ctty £ngtneer has recommended that tngress and
...~'~:~,egress movements at the Hatn Street drtveway be 1trotted to rlght turn
.... movements only.. The applicant would also be responsible for pavement
/"~:~:,'i':"merktngs along Hain Street~to accomodate' channeltzatton wh,tch wt.ll prohibit
'.' ~,.. left turn movements to and from the I~aln Street driveway.
'.!.:-.Zn reviewing the'pro~ect, ;onstderatton has. also been gtven to the Issue of
r'':~' the Interface with adjacent residential uses to the east and north. A
..~ number of spectftc destgn tssues were Identified early tn the process and
Incorporated tnto the'project as follows: .
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1)' The proposed building'location adjacent to the easterly property 11ne
will prevent maintenance, trash and debris problems adjacent to
· residential properties to the e~ast;
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2) Consideration has been provided 'on the stte p'lan for preserving an
existing 30 foot wtde access easements to extsttng development to the
east; and
Planning Commission Report
Use PermJt 89-21
dune 26, 1989
Pag.e four
3) A mtntmum 6 foot hlgh screen wall ts proposed a]ong a portton of the
northerly property 1t ne.
The appllcant has also addressed most of the "~'lanntng Commission adopt~
guidelines for development tn the Planned Communityi Commercial Dtstrtct by
accomplishing the following:
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1) Consolidating three parcels tnto one; ·
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2) Reductng the extsttng .circulation pattern conflicts by use of ~wo
vehicular access potnts rather than the stx (6) driveways betng used
to access the stte; and
Orienting the proposed butldtng to .face towards the publlc street to
ensure maxtmum visibility and mtntmt'ze conflicts wtth the residential
uses to the east.
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'1 ~: To ensure qualtty, developmen~ and' establishment of compattb'le Tend uses
":~'.'whtch 'contribute to the general fund'wherever possible, staff ts also
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~.,. recommending that a condition be applled agatnst the project prohtbttt'ng '
certatn' types of .uses wtthln' the p~oJect (t.e., rets11 .auto parts,
. "~':':'conventence and 11quor stores, game arcades, etc.) and requiring that a.
. :.:':.': mtnlmum of 75~; of the total square footage of the projeCt be devoted to
· re,at1 commercial uses. Thts ts a s'fmtlar condition that was 1reposed on
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· ' the Tustln Plaza Project.
2..-.Ar'c~hltecture . 'The bastc architecture proposed for ~he project Is a modern
::.-,..~.-.~medtterranean style whtch Is compatible wtth the Tusttn Plaza (directly
· *. across Newport Avenue) and other projects further south on Newport Avenue.
.. The roof treatment proposed ts a combtned pttched (mtsston ttle roof tn a
....?~'.:terra cotta color) and flat roof. Walls are proposed to be treated wttha
' '. ~'· 'light trowel plaster ftnlsh tn a peach color stmtlar to Tusttn Plaza.
'..:.~ .'~...Store fronts wtll be recessed beneath a roofed canopy supported by concrete
.'~':.!'stuccoed columns' on the north and south ends of the buildings. Arches w111
?'=.~be provtded above the ca.nopy and emphasized wttha steel frame trellts
treatment patnted wtth teal accent color to watch the window frames. .
'. The' stde and rear elevations also Incorporate arched and column treatments
..-.. to add tnterest and to ensure quallty destgn throughout the project. The
' applicant wtll also be requtred to provtde a comprehensive master stgn
program whtch creates a coordinated palette of stgn colors and types for
promoting compatibility with the pro:iect architecture and surroundings.
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and
3. Landscape .....Hardscape Elements - Staff vtews landscaping design of the
Pro:lect'a~ a key element.tn ensurtng ~ quallty aesthetically pleastng
Planntng Commission Report
Use Permtt 89-2!
June Z6, 1989
Page ftve ..
project. ~/htle a concept 'landscaping plan has been provided, tt ts only
tl.lustr.attve and will. be reftned at plan check. As submitted, however, the
.' pro~ect destgn tncludes landscape setbacks along the perimeter of the
property.' Along Newport Avenue and t4atn ;treat, this landscape seth&ck.
. wtll be 12.5 feet wtde and' a mtntmum 30" high berm w1.11 be provtded to
.,: screen the parktng area. A variety of shrubs are proposed to be provided
"throughout the site to Include evergreen and flowering varieties which will
add color and interest to the project. Paln~ trees are also proposed to be
grouped to vary their impact and to ensure visibility to the storefronts
· :. and wall signs (staff ts 'recommending a modification to the proposed palm
'' tree spectes and stzes).
'", The stte tncludes use of enhanced pavement materials at each of the t~o
.... project entrtes. Pedestrian circulation Is facilitated by a ten foot wide
-.' arcade adjacent to the storefronts. This arcade tS stmtlar to the arcade
provtded tn Lar~tn Square and Tusttn Plaza and ts used to encourage patrons
· .-to stroll through the center tn a protected environment. Staff would
',. recommend that the concrete walkway tn the arcade area be Integrally
~;' 'colored and textured to 1reprove tt$ appearance over time. Decorative
-::: '. 1t ghts are also- proposed.
"~. ,.. ,. j
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CONCLUSZON ·
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Staff' 'have revte~ed the major tssues as's'octated wtth the project and have
· determined that the proposed project 'ts tn .conformance wtth the City's
requirements, 14tth ~he conditions c,ontatned In ~he enclosed resolution, .Staff
suggests that the Commission approve Use Permtt 89-27 by adoptton of Resol~tton
No's',':,' 2634 an~ 2636, ·
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Laura Cay Kuhn
SeniOr Planner Director of Commun ty Development
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· LCK: CAS: ts ~ "
Attachments: Resolutions 2411
-' ...." Hegattve Declaration
S1 te Plan
· - £1evatton Plan
Resolution Ho'.s. 2634 and 2636
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RESOLUTION NO. 2411
A RESOLUTZON OF THE PLANNZNG COHRISSZON OF THE
CITY OF TUSTIN, ESTABLISHING GUIDELXNES FOR
REVIEN OF CONDITIONAL USE PERJqIT APPLICATIONS
AND PROPOSED DEVELOPHENT PLANS ON PROPERTIES
LOCATED IN THE. PLANNED COHIVlUNITY COI~ERC]:AL
DISTRICT ·
The Planning Commission' of the Ctty of Tusttn
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does hereby resolve-as
The Planntng Commission ftnds and determines as follows:
A.
In order to protect the public health, safety and welfare, the
Planntng Commission should consider the following guidelines
when reviewing Conditional Use Pe~mtt applications and proposed
development plans on properties located tn the Clty of Tustln's
Planned .CommunJ ty Commercial District:
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Consolidation of lots shall be encouraged wherever feasible
to ensure that contiguous properties wtth .the same. zontng
designation are considered tn a comprehensive rather than tn
an Incremental manner. ' · '
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Revtw of Conditional Use Penntt applications and
development plans .for parcels In the Planned Community
Commercla'l DtstrtCl; sha]l constder tmpacts on 'a.dJacent.
~ properties, and properties tn the vicinity, tn that the
Planned Community Commercial dtstrtct tnt·rids to promote the
following goals and objectives: .
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The best use of property wtthtn the Planned Community
Commercta] dtstrlct ts development approaching maxtmum
development pot·nrta l;
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To promOte a consistent qualtty of development
tllFoughout the Planned Community Commercial dts~'tct;
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To provtde compatt.ble land uses whtch do not 'Interfere
or create health, safety or mora] problems for' an
adjacent use;
do
To en'sure efficient parcel Stzes and configurations
f~r development p]ans approved tn the Planned
Community Commerc.tal district;
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· To requtre development plans -wht.ch Incorporate a
combination of standards and incentives which will
stimulate quality development;
fo
To promOte lot consolidation In
tra. ff.t c. con.qest, t on t. hroug~l .use
points tot aevelopmen~ pro3ec~s;
order to mt nlmtze
of combtned access
Resolution No., 2411
'e ~wo
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To 'ensure th&t development projects tn the Planned
Commu n tty Commerct a 1 'Dt strl ct promote max1 mum
visibility and acc. esstbtltty of all parcels In the
same district. Impa~ts to properties ad~lacent to and
In the vlctnlty of property betng considered should be'
revtewed tn that Incremental development of properties
tn the Planned .Community Commercial District ,ny
render contiguous properties undevelopable, for
commercial use.
h. Ensure. that projects proposed for properties wtthln
the Planned Community Commercial Dtstrtct Incorporate,
wherever· possible, uses whtch generate general fund
revenue to the Ctty In conformance wtthtn the land use
element of the General Plan whtch Is to promote an
economt ca1 ly balanced communJ ry.
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B. That the establishment of these guidelines ts .necessary to
protect the property and Improvements tn the neighborhoods
surrounding or locatod tn the Planned Community Commercial
0tstrtcts and the general welfare of the Ctty of Tusttn;
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C. These guidelines' are In accordance wtth the South Central and
Town Center Redevelopment Plans.
O. Should a .development plan for a project wtthln the Planned
Commercial dtstrlct fat1 to meet any of the aforementioned
guidelines, thts shall provtde a basts for Planntng Commission
denlal of the Use Permtt requtred for approval of the
development plan.
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)ASSED AND ADOPTED, at.a regula~j~meettng of the Tust~198~__n. ntng Commission,
held on 'the
~ennt Foley, -
Record1 ng Secretary
Chat rman
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RESOLUTION NO. 2634 *
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X RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
: TUSTIN, CERTIFYING' THE FINAL NEGATIVE DECLARATION AS
ADEQUATE FOR USE PERMIT 89-21, INCLUDING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. .
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The' Planning Commission of the City.. of Tustln does hereby resolve as
follows:
The Planning Coma1 sslon finds and determines' as follows:
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A. Conditional Use Permit 89-21 ts considered a "project" pursuant
to the terms of the California Envl ronmental Qua1 lty Act.
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B. A Negative Declaration has been prepared for thls pro~ect and
has been distributed for publlc revtew.
C. Whereby, the Planning Commission of the City of .Tusttn has
considered evidence presented by the Community Development
Director and other interested parttes wtth respect to. the
· * subject Negatlve Declaration.
D. The Planning COmmission has evaluated the proposed final
Negatlve Declaration and determined Itte be 'adequate and
complete.
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A Final Negative Declaration has been completed in compliance with
CEQA and State guidelineS'. The Planning Commission, having final
approval authority over Conditional Use Permit 89-21, 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. On the
basis of the initial study and comments received during the public
review process, the Planning Commission 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 mitigates any potential
mltl~Iatlon measures significant environmental effects to a point
of insignificance identified in 'Exhibit A?to the attached Negative
Declaration and initial study are adopted as conditions of Resolution
No. 2635, incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Pla. nni~.Cyomm~slon h~eld on
the ~day of ~-')~j~ , 1989. ' '
F./Chalrman '
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Recording Secretary
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STATE OF CALIFORNIA )'
COUNTY OF ORANGE )
CITY OF TUSTIN )
[, PENN[ FOLEY, the undersigned, hereby certify that [ am the Recording
Secretary of the ?lann~tpg Commission of the City of Tusttn, California; that
Resolution No. z:~ ~" was duly passed and adopted at a j[egular m~eting of,
PENNI FOLEY 0
Recordl ng Secretary
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RESOLUTION NO: 2635
A RESOLUTION OF THE PLANNING CO~4ISSION OF THE CITY OF
TUSTIN, APPROVING A DEVELOPHENT PLAN (USE PERt4IT
89-21) FOR A RETAIL CENTER ON A SITE IN PLANNED
CO{4HUNITY COI~MERCIAL DISTRICT (PC-C) FOR THE PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF NEWPORT AVENUE 'AND
{4AIN STREET, 13662 NEWPORT AVENUE.
The Planning Commission of the Ctty of Tusttn 'does hereby resolve ~s
follows:
·
I. The Planntng Commission ftnds and .~termlnes as follows: '
A. That a proper application, Use PermJt No. 89-21 has been fl]ed on
behalf of Champton Development requesting approval of a
development plan for a retail center totaling approximately
18,200 square feet located at 13662 Newport Avenue on property
legally described as Assessor Parcel numbers 500-171-1 through 3.
Bo
A public heartng was duly called, noticed and held on June 26,
1989.
·
C. That establishment, maintenance, and operation of the use applted
for wt11 nob, 'under the. circumstances of this case, . be
detrtmenta] to the health, safety, morals, co,ffort, or general
we]fare bf the persons-residing or working In the neighborhood of
such proposed use, as evidenced by the fo{lowing findings:.~
.
The use app]led f:~r Is In conformance wtth the requirements
of the Tustln General Plan.
.
The use applied for ts In conformance with the requirements
of the Tustln Zonlng Code.
e
The project has been destgned to be architecturally
compatible wtth the area. .
D.
4. The proposed development conforms with the estab]tshed
guidelines for. development .of P]anned Community Commercial
properties as estab]tshed by P]anntng Commission Resolution *
No.. 2411.
·
That the establishment, maintenance, and operation of the use
applted' for .will not be Injurious or detrimental to the property
and Improvements tn the neighborhood of the subject property,
nor to the gepera] welfare of the City df Tusttn,. and should be
granted.
$
4
5
?
$
10
II
15
16
17
18
19
20
21
23
24
25
26
Resolution No. 2635.
Page two --
·
Proposed development shall be In accordance wlth the development
policies adopted by the City Counc11, Unlform Bulldlng Codes as
administered by the Bulldtng Offtctal and.State of California,
Fire Code as administered by the Orange County Ftre ~4arshal, and
street Improvement requlremeuts as administered by the City
Engl neet, .
F~
A negatlve declaration has b,~en ft]ed tn conformance wtth the
Ca11 fornla Environmental qua1 tty Act.
Ftna] development plans shall requtre the review and approval of
the Community Development Department.
II. The P]anntng Co=nJsston hereby approves CondJtlona] Use Permtt No.
89-21 approving the deve]opment p]an for a fetal] commercta] center
at the southeasterly corner of Newport Avenue at Matn Street, 13662
Newport Avenue, subject to a]] conditions contained In Exhtbl, t A
attached hereto.
PASSED AND ADOPTED at a regu]ar.~meettng of the Tusttn Planntng Commission,
held on' the ~_~ day of ~, 1989.
-PENNI FOLEY, ~ Sec~e~
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 89-21
RESOLUTION NO. 2635
(1) 1.1 The proposed project shall substantially conform with the submitted site
plan and development plans for the project date stamped June 26, 1989 on
file with the Community Development Deparjment, as herein 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, the conditions contained in this exhibit
shall be complied with prior to the issuance of a building permit for the
project, subject to review and approval by the Community Development
Department.
* 1.3 Parking for the proposed commercial center shall be maintained as
(2) follows:
I parking space per 200 square feet of retail use.
1 parking space per 3 seats for restaurant uses.
(8)
1.4 The uses authorized by the approval of Use Permit 89-21 .are as follows;
·
·
a. A minimum of 75% of the building floor area shall be devoted to
-retail sales establishments.
b. The type of uses allowed in'the project shall substantially conform
to those uses authorized in the C-2 Zoning district except for those
uses specifically prohibited in this resolution. All uses which*.
require a Use Permit as listed in the C-2 zoning district will also
require a conditional use permit for this site.
c. Prohibited Uses: Medical, dental and/or chiropractic offices, auto
repair or general retail auto parts sales (excluding specialty
accessory parts sales) or installation, 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.
241],.
SOURCE CODES
ii i i i i ii
(1) STANDARD CONDITION
(2) ENVIROI~tENTAL MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
**** EXCEPTION
($) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC/ POLICY
Exhibit A
Resolution No. 2635
Page two
[..5 Use permit approgal shall become null and void unless all building
permits for the project are issued within one year of the date on this
exhibit and substantial construction is underway.
· .
~.6 The applicant shall execute and file an'agreement'with the Public Works
dep. artment agreeing to maintain all landscaping in the public parkways
adjacent to the site.
~.7 A covenant agreement to hold the parcels together as one shall be
prepared and reviewed by the Community Development Department, and
recorded against the subject properties prior to issuance of any
structural building permits for the project.
~.8 The southerly handicap parking spaces shall be moved further north on the
site to avoid vehicle stacking pr~)blems.
The' Public Works Department shall investigate and install , where
appropriate, red curbs along'Andrews Street, west of the southerly access
point, along the south 'side of Andrews Street adjacent to Newport Avenue
and along Newport Avenue both north and south of Andrews Street.
Additionally, the investigation of the installation of one "Keep Clear".
sign on Newport Avenue south of Andrews Street and one "Caution Children"
on Andrews 'Street just east of Newport Avenue shall be conducted by the
Public Works Department. The results of the investigation shall be
presented to the Planning Commission and the cost for any and all work
shall be borne by the applicant as deemed appropriate by the Public Works
Di rector.
GR, ADX#G/DRAZILAG[,
2.~ At building plan check, submit prior to issuance of building permits as
follows:
(3)
A. Construction plans, structural calculations, and title 2¢ energy
calculations shall be submitted for all improvements. 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, enclosures and any other construction
level drawings necessary to accurately reflect all proposed
constructi on.
(3)
B.
Provide 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.
(3)
Co
Provide technical drawings for electrical, plumbing and mechanical
installation.
Exhtbtt A
Resolution No. 2635
Page th tee
(3)
(3)
{1)
O. Ftnal gradln~l and Specifications consistent wtth the stte plan.and
the Orange Count), Surve),or's Bench mark datum and prepared b), a
registered ctvll engtneer for approval of the Coneuntt), Oevelopment
Oepartment. .'
E. A prectse sotls engineering report provided b), a .sotls engineer
wtthtn the prevtous twelve (117) months.
F. Presentation of a sedimentation and erosion control plan for
construction work related to the subject parcel including a method
of control to prevent dust and windblown earth problems. The plan
shall be revtewed and approved prior to rough gradtng of the site.
G.
Infomatton, plans and/or specifications to ensure satisfaction of
all Public Works Oepart~ent requirements including but not limited
to:
(6)'*
..,
(6) *
lo
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. '
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)
(2)
0
Construction or replacement of all missing or damaged public
improvements will be required and shall include but not be
limited to the following.'
a. Curb and gutter '
b. Si dewalk
c. Wheelchair ramp
d. A.C. pavement
e. Street 1 i ghts
f. Domestic water service
g.
h.
Fire hydrant/fire service (if' required by
O.C. Fi re Marshal)
Sanitary sewer lateral
.
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.
E:xhtbtt A
Resolution Ho. 2635
Page four
·
(~)
(6)
(6}
(6)
5~
If a detector check ts required, it wtll need to be constructed
behtnd the right-of-way ltne wtthtn an easement to the Ctt.v per
Standard Plan No. 129.
11
0
All ingress/egress via Main ~Street driveway to right turn
movements only. .
Applicant shall be responstblt.,for pavement markings along Main
Street to accomodate the channellzatton which wtll prohtbit
'left turn movements to and from the Matn Street driveway, All
pavement marking wtll be subject to review and approval by the
Ctty Engineer.
8. Clear stght, triangles 20' x 20' shall be maintained at each
access drtve. 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 locatton
. by the Fire Department, Ctty of Tustin Public Works Oepartment,
Tusttn Water Works and compliance with all requirements pertaining
to. constructi on as fo11 ows:
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 re~luired Orange County Fire Department signs shall be
posted and designed in accordance with the Orange County Fire
Oepartm&nt ' requi rements.
0
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.
2.2 Any underground gasoline tanks shall be removed and any toxic soils or
substances removed from the site in accordance with the County of Orange
Hazardous Materials Division requirements, prior to issuance of building
permi ts.
£xhibtt A
Resolution No. 2635
Page five
NOISE '
i
(1) 3.1 All construction operations including engine warm up shall be subject to
(2) 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. Major thoroughfare and bridge fees to Tustin Public Works
Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
O. All applicable Building plah check and permit fees to the Community
"Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District.
· ·
SIlT AND BUILDZNG CONDTTIONS
(1) 5.1 All improvements, materials and colors shall substantially conform to the
(4) approved plans, date stamped June 26, 1989 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 on proposed pre-cast concrete columns shall
be subject to review and approval', of the Community Development
Department. In the event the proposed treatment is unacceptable, the
Community Development Department may require that the columns be stuccoed
to match the building. .
(1) 5.3 The exact color and stucco finish to be utilized on exterior building
(4) walls, and the color on window frames shall be subject to approval of the
Director of Community Development. The Community Development Department
· would suggest lighting up exterior wall elevation colors in a slightly
lighter shade in the earthtone range.
· £xhibit A
Resolution No. 2635
Page six
([) 5.4 Note on plans tha'~ 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 adequately
(4) and decoratively .screened. The screen shall be considered as an element
of the overall design of the project and -shall blend with the
architectural design of buildings. All telephone.and electrical boxes
shall be indicated on the building plans and shall be completely
screened. Electrical transfor, mers 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 contructed by developer. Show
(4) type of wall cap and color, exterior materials and decorative treatment
· of all exposed walls. Design of walls/fences shall be subject to final
approval of the Community Oevelopment Department and should be consistent
with mai n bui 1 ding treatments.
([) 5.7 Provide details on lighting scheme for project. Note final locations of
(3) all exterior lights. All lighting fixtures shall be of ornamental design
(4) and shall be located or designed so to direct rays of light so they do
not shine on adjacent properties:'
(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 setback areas.
·
5.11 An access agreement reviewed and approved by the City and recorded with
the easterly property owners shall be approved and recorded on the deeds
to the properties prior to issuance of building permits.
(1) 5.12 A complete, detailed project sign program including design, location,
(3) sizes, color, and materials shall be submitted for review and approval by
the Department'of Community Development. The sign program shall include
.,
£xhtbtt A
Resolution No. 2635
Page seven
project Identification, addressing and directional stgns to dtrect autos
to proper access, parktng and loadtng and tnclude any traffic
restrictions. Any freestanding stgns shall be 11rotted to one monument
stgn, maxtmum 6 feet tn height consistent with. architecture for the
project. All other stgns shall be tn accordance to th· Tusttn $tgn Code
Sect1 on 9494. .
5.13 The freestanding stgn shall provide the~ name and address of the center.
Address numerals shall be prominently displayed and be a minimum of 6" In
height.
5.14 No signs will be permitted on the east facing building elevation.
5.15 Any mailbox detail shall indicate color and exterior treatment and design
shall be consistent with exterior building' design subject to approval of
the Community Development Department and the Postal Service.
LNI. D~]:"G, . ,G?OUND$ AND .,HARI)~E ELE)IEIIT. S
(7) 6.! At final plan check a completely detailed landscape and irrigation plan
must be submitted for landscaping with whatever scale necessary to depict
ade~lUately what is occurring. -Provide ~ummary' table applying indexing
identification to plant materials in their actual location. · The plan and
table must list botantical 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) $.2 The submitted landscaping plans at plan check must reflect the following
requirements:
a)
b)
Turf ts unacceptable for grades over 25%. A combination of planting
materials must be used, ground cover on large areas alone is not
·
A minimum 30" high earthen berm shall be provided along the Newport
Avenue, Andrews and Main Street frontages wherever possible or
alternative planting screeoing materials subject to approval of the
Community Development Department.
(7) 6.3 All newly planted trees shall be staked according to City standards.
STATE OF CALIFORNIA
cOUNTY OF ORANGE
CITY OF TUSTIN
·
I, PENNI FOLEY, the undersigned, hereby certtf=y that I 'am the Recording
Secretary of the _Plapn~ng Commission of the City of Tusttn, California; Chat
Resolution No. ~/~5- was duly passed and adopted at a regular meeting of
the Tusttn Plannfng Commis~'lon, held on the ~~day of c:~_~<.L_ ,
198..~..
PENNI FOLEY
Record1 ng Secretary
· o
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NEI A IVE DECLAR IO,,N
CITY OF, TUSTIN
300 CENTENNIAL WAY, TUSTIN, CA. 92680
ii
Project Title: Use Permit 89-21
Champion Development
Project Location: 13662 Newport Avenue
File No. uP89-21 and DR89-2
Project Description: 18,200 Square Foot Retail Shopping Center
Project Proponent: Champion Development Company
Contact Person: Laura C. Kuhn
Telephone: 544-8890 Ext. 256
·
i
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 Envir'onmental 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.
That potential significant affects were identified, but revisions have
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
DATED: Ju],y 7, 1989
July 17, 1989
Com~dhi'ty De'vel6pment Director
for Christine Shingleton
CITY OF TUSTIN
Community Development Departmen.
ENVIRONMENTAL INITIAL STUDY FORM
I. Name of Proponent
Champion Development
e
e
Address and Phone Number of Proponent
100 Ocean~ate Blvd..Suite 600
Long Beach~ California 90802
213-437-8046
Date of Checklist Submitted July 7, 1989
~. Agency Requiring Checklist
5. Name of Proposal, if applicable
City of Tustin
Retail Shopping Center
!1. Enviranmental Impo~s
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
Earth. Will the. proposal result in:
a. Unstable earth conclitians or in changes
in geologic substructures?
b. Disruptions, displacements, compaction
or overcovering of the soil?
c. Chcr~e in topography or ground surface
relief fecrtums?
d. The destruction, covering or modification
of any unique geologic or physical features?
e. Any increase in wind or water eros/on 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
ony bay, inlet or lake?
X
X
g. Exposure of people or property 1o geolo-
gic hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazords?
Air. Wlll the propasaJ result im
a. Substantial air emissions or deterioration
of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
Water. Will the proposal result in=
a. Changes in currents, or the course of di-
rection of water movements, in either
marine or fresh waters?
be
Choncjes in absorption rates, drainage pat-
terns, or the rate and amount of surface
runoff?
c. Alterations to the course or fl~w of flood
waters?
d. Change in the amount of surface water in.
any water body?
e. Discharge into surface waters, or in any
alteration otesurface water quality, in-
cluding but not limited to temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow
of ground waters?
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?
h. Substantial reduction in. the amount of
water otherwise available far public water
supplies?
i. Expasum of people or property to water re-
lated hazards such as flooding or tidal waves?
.o
X
X
X
X
X
X
5e
7,
Se
Plant Life. Will the proposal result in:
a.. Change in the diversity of species, or
number of any species ef plants (including
trees, shrubs, gross, 'crops, ~ aquatic
plants)?
b. Reduction of the numbers of any unique,
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?
d. Reduction in acreage of ony agricultural
crop?
Animal Life. Will the proposal result in:
a. Change in the diversity of species, or
numbem of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic arganlsrns or insects)?
b. Reduction of the numbers of any unique,
rare or endangered specie~ of animals?
c. Introduct~an of new species of' mirr~ls into
an .area, or result in a borriar lo the
migration or mavemerrt of m'imals?
cL Deterioratian to existing fish or wildlife
habitat? ..
Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
Light and Clare. Will the proposal produce
new light or glare?
Land Use.. Will the proposal result in a sub-
stantial alteration of the prese;~t or planned
land use of an area?
Natural Resources. Will the proposal result in:
a. Increase in the rate of use of. any natural
resources?
b. Substantial depletion of any nonrenewable
natural resource?
10. Risk of Upset.. Will the prq3osal involve=
A risk of an explosion or the release
of haz~rclous substances (including, but not
limited to, oil, pesticides, chemicals or
radiatian) in the event of an accident or
upset canclitiam?
b. Possible interference with an emergermy
respottse plan or an emergency evacuation
plan? ...
II. Population. Will the proposal alter the location,
distr~utian, 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?
13. Transpertafion/Circulcrfian. Will the proposal
result in:
a. Generation of substantial additional
vehicular, movement?.
·
b. Effects on existi.ng parking facilities, or
demand for new parking?
c. Substantial impact upon existing transpor-
tation systems?
d. Alterations to present patterns of circula-
tion or movement of people and/or goods?
e. Alterations to waterborne, rail or air
traffic?
f. Increase in traffic haza~s to motor
vehicles, bicyclists ar pedestrians?
I/~. Public Services. Will the proposal have on
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
a. Fire protection?
b. Police protection?
c. Schools?
Ye~
X
ii III
X
X
X
X
X
X
d. Porks or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
15. -Energy. Will the proposal result
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon exist-
ing sources of energy, or require the
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? -
b. Communications systems?
·
· c. Water?
d. Sewer or septic tanks?
e. Starm water drainage?
f. Solid waste and disposal?
17. ~ Health. Will the proposal i~suit in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazords?
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
crecrtion of an aesthetically offensive site open
to public view?
19. Recreatian. Will the proposal result in an
impact ~ the quality or quantity of existing
recreational opportunities?
20. Cultural Resources.
a. Will the proposal result in the alteration
of or the destructian of a prehistoric or
historic archaeological site?
Yes
x
x
x
21.
0
Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or ~bject?
Does the proposal have the potential to
cause a physical ~ which wauld affect
unique ethnic cultural values?
d. ~ill the proposal restrict existing religious
or sacred uses within the potential imp¢~
area?
Max~ory Findings of Significance.
0
ce
de
Does the project have the potential to..;
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, ccuse a fish or wild-
life population to drop below self sus-
taining levels, threaten to eliminate a
plant or animal community, reduce the
number ar restrict the rc~je of .a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
Does the project' have the I~otential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact an the environment is one
which occurs in a relatively I~rief, definitive
period of time while long-term impacts
will endure well into the future.)
·
Does the project have' impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact 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.)
Does the project have environmental effects
which will cause' substantial adverse effects
on human beings, either directly or indirectly?
III. Discussia~ of Environmental Evaluation
X
x
IV.
Determination
(To be completed by the Lead Agency)
On the basis of this ir~...ul evaluations
! find that the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION will be prepared.
I'!
I find that although the proposed project could have a significant effect
on the environment, them will not be a' significant effect in this case ~.
because the mitigatian measures described_on on 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 em~iron-
ment, and an ENVIRONMENTAL IMPACT REPORT is required. I I
July 7, 1989
Signature
Laura C;' Kuhn
SeUio~ Pl nnn~'
EXHIBIT A
INITIAL STUDY RESPONSES FOR
DESIGN REVIEW 89-27 AND USE PERMIT 89-21
Section II - Environmental Impacts
1. Earth
I.%~ems A, C and D - "No"' The project site is currently flat and does not contain
any S{~bs'li~'antial'' ~eolOgic features based upon field verification completed by the
project planner on June 9, 1989. The proposed building layout and conceptual
grading plan call for minimal movement of existing soil which will not constitute a
basis for making any geological changes to existing topography or 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, June 9, 1989 - Proposed site plan and conceptual grading plan
- Tustin Municipal Code
- Uniform Building Code
Mo.n. ito. rin~) Rec~uired: - Plan check and inspections through Building Division.
Item B - "May.be"' The site is currently covered with a mixture of absorbent soils
with impervious materials {i.e. building, pavement, etc). However, the site design
will be graded and designed in a fashion so as to eliminate any impacts of water
run-off to adjacent property. Grading and on-site water channeling design {swale)
will direct run-off to appropriate storm drain facilities. Overall run-off volume
will be minimal since site size is less than 1.50 acres and grading/drainage design
wil.1 directly serve on-site needs.
S,,o,ur, ces: - City of Tustin, Grading and Drainage Requirements - Site Field Inspection (June 9, 1989)
- Tustin FIRM
- Proposed Site, Grading and Elevation Plan
- Tustin Zoning Map
Monitorin9 Requirements- 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 E - "No": The entire parcel is currently developed and run off conditions for
the new project would be similar. As conditions of approval for this project, the
applicant will be required to provide an erosion control plan which addresses water
and soil related erosion problems if grading operations are done during the rainy
season. Wind blown soil erosion can also be controlled through watering of the
site during windy conditions and by watering down any soil removal trucks during
grading operati OhS.
Sources: - City of Tustin Building Official
- Standard Conditions of Approval
Initial Study DR 89-27
Exhibit A
Page two
Monitoring Required: Apply conditions of approval to proposed resolution for Use
permit 89-21 to require: 1) Erosion Control Plan {water and site and truck
watering during grading operations, and 2) Verification of adequacy of control to
be completed by Building Inspector during required grading and foundation
inspections.
Items F and G- "No": Based on the site locati'on in relation to any streams,
rlillvers,'ll'an(~ flo6d Control channels, it is not anticipated that this project will
substantially contribut6 to siltation or erosion problems to local water bodies.
Additionally, the site is not directly adjacent to or on any known active earth
quake fault. The site is relatively flat and therefore would not be subject to
any 1 and or mudsl i de acti vi es.
Source:
- City of Tustin Zoning Map
- City of Tustin General Plan {Seismic Safety Element}
Mitigation and Monitoring Required: None
2. Air
Items A thr..ou'gh C - "No": The proposed project is not considered a substantial
contri'butor to air emissions (less than 100 tons a year) 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 typical retail commercial use and
does not propose to use or maintain on-site any substantial quantity of materials
that by use or nature will create objectionable odors. The project is relatively
small in scale {less than 20,000 square feet) 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 temperture of the air.
Sources: - Air Quality Management District - Regulation No. 15
- Project Site, Floor and Description
Monitoring Required: As a condition of approval, the applicant will be required to
file f6r and obtain approval of any necessary permits from the Air Quality
Management District under Regulation 15. Monitoring is conducted by the Air
Quality Management District for compliance with their requirements.
3. Water
leh "No"
Items A rough I - · As noted in the discussion in item number I (Earth)
a'b'ove, th project site is not located adjacent to or in the vicinity of any large
body of water or exposed flood control channels or devices. Therefore, it is not
anticipated that the project will have an effect on currents, quality or courses of
water. The project is located in a "C" District on the Tustin FIRM map.
The proposed project involves a one story building. The water table will not be
substantially effected by construction activity.
Initial Study DR 89-27
Exhibit A
Page three
The project, due to it's relatively small size (18,200 square feet) and proposed
use, will not significantly reduce water supply or contribute excess quantities of
water to the ground water supply. Therefore, no significant effects related to
water are anticipated as a result of the project. -
Miltioation and Monitoring) required: None
4. Plant Life
Items A t.hrou~h D - "No"' The project site is used for multiple family residential
an'd a vacant gas station. No rare or endangered species are known to exist on the
property. The proposed site plan includes landscaped areas which, as shown on the
conceptual landscape plan, are common species used in the area.
S.our. ces: - Site Field Inspection (June 9, 1989) - Review of City Records
- Landscape Plan {Proposed}
Mitigation and Monilltori,n~ ReqUired: None
Animal Life
Items A through D - "No": Based on review of City records and the site field
inspection conducted by City staff, there are no known endangered or rare species
known to inhabit the project site. Additionally, uses previously on the property
greatly limit the type, number and longevity of any substantial animal species
which would choose to inhabit the property.
Sources' - Site Plan - Field Inspection (June 9, 1989)
- Property and Code Enforcement Records
- Aerial Photograph of Site
Monitor, in~) Required: None
Initial Study DR 89-27
Exhi bit A
Page four
6. Noi se
Items A - "No": While the proposed use (retail center) is not anticipated to
increase noise' 'levels in the area or to expose persons to severe noise levels, the
project design includes the isolation of all air conditioning equipment to a
screened roof top area; therefore minimizing impacts to surrounding properties and
to on-site employees.
Sources ·
- Tustin General Plan (Noise Element)
- Proposed Development Plan
- Tustin Noise Ordinance
~lon. itori.ng Requ.ired' None.
Item B - "Maybe"'
The construction of the proposed building may increase noise levels in the area
temporarily. To avoid possible noise impacts, the construction activities will be
limited under the Tustin Noise Ordinance to reduce any impacts to a level of
insignificance.
Sources' - Proposed Elevation, Site, and Roof Plans
- Tustin Noise Ordinance
Mitigation and Monitoring.. Required' As a condition of approval, the applicant will
be required to limi"t const~ction ..... 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 Code if complaints are
received.
7. Light and Glare
"Maybe": The proposed project will include parking lot lighting for conformance
with the City Security Ordinance. However, all lighting fixtures and intensities
will be reviewed by City staff to ensure that light rays are contained on-site and
within Security Ordinance intensity limits. Therefore, any possible impacts would
be mitigated to a level of insignificance.
Sources' - Tustin Security Ordinance
~liti.qllation and Monito. ring Re..cluired' City staff review of proposed lighting plan
for project prior to permit Issuance.
8. Land Use
"?laybe"' The project is proposed to develop three parcels for a retail center use
in a PC-Planned Community Commercial District. This district requires a
Initial Study DR 89-27
Exhi bit A
Page fi ve
Conditional Use Permit for all uses to ensure compatibility of land uses and site
design, to reduce circulation problems and promote design features which are unique
to a particular site. However, existing land uses are different (multi-family
residences and a gas station) which are not the same as the proposed project. The
site design incorporates all requirements as established by Resolution No. 2411 to
reduce potential land use and vehicular conflicts.
Sources:
- Tustin Zoning Code
- Proposed Conditions of Approval
- Resolution No. 2411
M,i.,tigation and Monitoring Required: Note conditions of approval in City Council
Resolution No 89-102. all items to be monitored and checked by the City of Tustin
prior to issuance of final certificates of occupancy.
g. Natural Resources
Items A and B - "No": The proposed land use does not involve use of any large or
si gni'f'i cant quantities of natural resources or non-renewable natural resources.
SlOU~C,eS: - Use Permit Application
- Site Plan
Mitioation and Moniltorin~) Requir,ed: None
10. Risk of Upset
Items A and B - "No": The proposed use does not require the handling or storage of
any knoWn hazardous or explosive materials. The site currently is along a major
arterial highway and access is easily attainable to major roads and freeways.
Therefore, no anticipated risk of upset due to exposure or interference with an
emergency response plan is expected.
Sources: - Use Permit Application - City of Tustin Master Plan of Arterial Highways
- City of Tustin Emergency Response Plan {1981)
M.i..tigation and Mon. itorin9 R. lequ'ired. None
11. Population
"No": The project is relatively small in size and scale (less than 20,000 square
~ and less than 100 employees) and will not necessarily increase the need for
housing or substantially increase the general population in an area. Therefore, no
significant increase in housing or population is anticipated as a result of the
project.
S.o,,u. rce. s: - Use Permit Application
- Project Site and Floor Plan
Initial Study DR 89-27
Exhibit A
Page si x
Mitigation and Monitoring Required: ~.~one
12. Housing
The project will require the removal of 13 multiple family housing units and an
existing gas station. While some residents will be displaced the number of units
(13) is not considered significant based upon the availability of multiple family
units in the City. Tustin has over 65% multiple family units which is the highest
percentage of multiple family housing in all of Orange County. Additionally,
Tustin has over 18,900 housing units, and the 13 units being removed represents
less than .07 percent of these units.
Sou rces:
- 1989 Tustin Housing Element
- Alta Survey for Project Site
Monitoring Required: None
13. Transportation/Circulation
Items A - "Maybe" and B "Yes": The project will require some demand for use of
transportation f~cilities and parking. However, the level of impact, based upon
the size and use of the project will not create a significant increase in demand
overall, based upon the City Traffic Engineer's review of the project.
The Traffic Engineer conducted a study of traffic counts at the Newport Avenue/Main
Street and Newport Avenue/Andrews Street i ntersecti ons to i denti fy quei ng
distances, signalization cycles and stacking. Counts were made of Newport
(northbound) stacking across the Andrews Street intersection to identify the rate
of compliance with the existing "Keep Clear" pavement marker. A 50% rate of
compliance was observed.
The Traffic Engineer also studied the potential trip generation to he expected by'
the project including reviewing the Andrews Street intersection at Newport to
identify existing and potential stacking and left turn movements to southbound
Newport Avenue. Standard traffic generation rates were applied against existing
land uses and the square footage of the proposed project to identify potential
impacts. Based on this analysis,the new project will generate a maximum of 80
vehicle trips at a.m. and p.m. peak hours as compared to 15 peak hour vehicle trips
for existing uses on the site. The Andrews left turn movement would not be
expected to exceed four vehicles stacked at any one time and then only durin§ worse
case conditions. Also, the peak hours of the existing traffic patterns (7-g and
4-6) are anticipated to be different from those of the proposed center.
Additionally, special land use restrictions have been applied to prohibit auto
parts, convenience and other "peak hour" traffic generating uses. ',,Ihile impacts
are not expected to be significant, these conditions have been applied to reduce
potential traffic hazards. Conditions discussed under mitigation will reduce worse
case conditons which could result in minor irritations.
The project has been designed to provide on-site parking to accommodate all parking
demand in conformance with the Tustin Zoning Code requirements. The project
includes parking on-site spaces at a ratio of 200 square feet for every one parking
space.
Initial Study 9R 89-27
Exhi bi t A
Page seven
Sources: - Tustin Parking Requirements - Site Plan
- Conditions of Approval
- Traffic Engineer's Report
Mitigation and Monitoring Required: As conditions of approval, the Traffic
Engineer has suggested that the Mai~ Street pavement markers be revised to prohibit
left turn movements, from and into the Main Street access drive. &dditionally,
conditions of aproval have been applied to the project to address visibility,
accessability and turn movements related to the project as follows:
1. The northerly access drive shall be realigned to a gO° angle access.
e
Installation of "DO NOT BLOCK INTERSECTION" signs at the Newport
Avenue and Andrews Street intersection ~re required. A minimum of two
"NOT A THROUGH STREET" signs sqall be posted on Andrews Street. The
actual number 'and locations of these signs s~all be determined ny the
traffic engineer. All signs shall be posted prior tn ~uilding permit
issuance and t!~e cost for these signs shall be paid for hy the developer
by filing a cash deposit in the appropriate amount for such imprnvements
with the City Public Works Department.
3. Red curbs shall be installed along Newport Avenue from the second
driveway south of .~ndrews Street (professional office building
entry) up to the northerly access drive on ~ain Street (project entry
on Hain). Additionally, red curbing along the north side of Andrews
Street between the easterly project ~roperty line to Newport Avenue
shall be installed. The traffic engineer shall determine whether or
not some limited parking will be provided on the north side of Andrews
Street either for vehicle loading p~rposes (maximum 20 minute
parking) or unlimited parking. All red curbing shall he installed
prior to issuance of a certificate of occupancy and all costs for the
work shall be paid for by the developer by filing a cash deposit in
the appropriate amount for such improvements with the City Public
Works Department.
"KEEP CLEAR" markings and 12 inch wide boundary bars shall be placed
on the north and south bound lanes on Newport Avenue prior to building
permit issuance and the cost for such shall be the responsibility of the
developer by filing a cas.q deposit in the appropriate amount for such
improvements with the City Public ~orks Department.
Be
The applicant shall provide a construction traffic routing plan to the
City Public Works Director for review and approval prior to issuance
of building permit.
Initial Study DR 89-27
Exhibit A
Page eight
6. To ensure that the proposed traffic enhancements are effective, the
Public Works Department shall review the traffic patterns periodically to
determine whether or not illuminated caution lights or signs are needed
to protect the left turn movements at Andrews Street. Periodic police
enforcement of the "Keep Clear" signs may, also be required if determined
to be necessary hy the Traffic Engineer. Any required improvement costs
shall be the responsibility of the developer and deposited in the
appropriate amount for such improvements with the City Public Works
Department.
Items D .through F - "No": The project will not require the re-routing of existing
surface, water, rail or airborn transportation systems since no changes are
required to facilitate the proposed use.
Sources: - Site Plan
m i
- Tustin Zoning Map
- Tustin Master Plan of Arterial Highways
Monitoring Required: None required.
14 and 16. Public Services and Utilities
Items A through E - "No"' The proposed use does not requ-ire substantial
concentration of or increase in the provision of Public Services. This is due to
the size, type, location and condition of the property. Many utilities such as
water, drainage and other services are already provided to the premises.
Sources' - Code Enforcement Records - Site/Elevation Plans
- Design Review Committee Comlnents
Monit,orilng' Rec)uired: None
Item F - "Maybe": While it is apparent that an existing visibility and access
h'azard exists at Andrews Street and since numerous driveways enter the site, the
proposed project will by mitigation as in item 13 above or by design (reducing the
number of driveways) reduce or eliminate potential traffic hazards.
Source:
- Traffic Engineer
- Site Plan
Monitoring)I Rec~ui.l. red- See Items A and B above.
15. Energy
Items A and B - "No": The project includes retail commercial use which, by nature,
does 6o pl~e~ent aI 6hreat of reduction in or significant use of Energy Resources.
The project size also is relatively small and should not pose a significant impact
to Engery Resources.
Initial Study DR 89-27
Exhibit A
Page ni ne
Sources' - Use Permit Application
- Site/Floor Plans
Mitigation and Monitoring i.Requl.ired' None
17. Human Health
Items A and B - "No"' As noted previously, the proposed land use does not involve
use of any known hazardous materials or explosives. The project design proposes
convential construction of a retail center which should not expose people to any
health hazards. The structure will be reviewed for conformance with all applicable
Building Codes prior to construction. Since one of the existing properties on the
proposed site contain an abandoned gas station, the County Health l)epartment will
require a clearance of the soil conditions and clean up of any hazardous wastes and
contaminated soils o--n the site to meet State and Federal law.
Sources' - Site/Elevation Plan
- Use Permit Application
Monitoring Required: As a condition of approval, the pro,ject will he plan checked
and approved by the Building Official prior to construction. All construction
activities on site will be regularly inspe6ted by the City Suilding Inspector prior
to occupancy. Prior to releasing a grading permit, a soil report will be required
with clearance from the County Health Department that there are no hazardous wastes
or contaminated soils on the property.
18. Aestheti cs
"No": The project is not located along a scenic corridor or within a special
design or resource district. However, the 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.
Sources' - Site/Elevation Plans - South Central Redevelopment Plan
- General Plan (Scenic Highways Element)
Miti§ation and Monitoring Required- None
19. Recreati on
"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.
Source'
- Use Permit Application
- City of Tustin General Plan Land Use Map
Initial Study DR 89-27
Exhibit A
Page ten
Mitioation and Monitorin9 Required: None
20. Cultural Resources
Items A throu~)h D - "No"' The project site is not located in an area known as an
arc'h'leological resource. Existing land uses, as well as the project design would
preclude disturbance of any underground resources..:
Sources: - Property Building Permit Fees - Temporary Use Permits
- Tustin Area Historic Resources Survey
- Field Site Inspection (June 9, 1989)
Monitorin9 .ReqUlired· None
21. Mandatory Findings of Significance
Item A - "No": Based upon the responses to items 1-20 in this initial study, the
review of"cilt~/ files, records and documents and the nature of proposed project, the
project is not anticipated to impact wildlife, fish, flora, fauna or cultural
(historic) resources.
Sources: - All sources listed in items 1-20 of this study
Miti.~)ation and Monitori.ng Required: None
Item B - "No' The proposed project, due to its proposed" size, location and land
u's'e, is in conformance with all applicable City Codes, requirements and
regulations. The General Plan, South Central Redevelopment Plan and anticipated
development in the area support development of such a project. With the proposed
design elements, the project will be compatible with its surroundings.
Sources' - Tustin Zoning Code and Development Requirements
i ~ i
- Tustin General Plan
- South Central Redevelopment Plan
Mitigation and Monitoring Required: None
Initial Study DR 89-27
Exhibit A
Page eleven
Item C - "Maybe": In reference to the discussion in item 13 -
Tr'a'nsp'ortation/circulation, the project will not significantly increase the demand
for transportation facilities in the area, based on the size and proposed use of
the project. However, certain existing traffic hazards will be corrected as much
as feasibly possible as noted in item 13.
Sources: - Design Review Committee Comments - Use Permit Application
- Mi tigation and Conditions Proposed
Monitoring Required' See item 13 - A through C
Items D - "No": As discussed in this initial study any possible impacts associated
wit'h 't'his project have been mitigated to a level of insignificance and a monitoring
program for this mitigation is provided. Therefore, it is not anticipated that the
project will directly or indirectly impact human health.
Sources: Discussion, items 1-21
Monlitorin~) Rec)uired.' Refer to items 1-21
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.
LCK:pef
Rpts/25
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/
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RESOLUTION NO. 89-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS
ADEQUATE FOR USE PERMIT 89-21, INCLUDING REQUIRED
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as follows'
I. The City Council finds and determines as follows'
A. Conditional Use Permit 89-21 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 City Council of the City of Tustin has considered
evidence presented by the Community Development Director and
other interested parties with respect to the subject Negative
Decl arati on.
D. The City Council has evaluated the proposed final Negative
Declaration and determined it to be adequate and complete.
II.
A Final Negative Declaration has been completed in compliance with
CEQA and State guidelines. The City Council, having final approval
authority over Conditional Use Permit 89-21, has received and
considere,~ the information contained in the ~eqative ~)eclaration
prior to apProving the proposed project and found that 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 City Council 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 mitigates any potential
mitigation measures significant environmental effects to a point of
insignificance identified in Exhibit A to the attached Negative
Declaration and initial study are adopted as conditions of Resolution
No. 89-101, incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
day of , 1989.
MaLry E. Wy'nh
City C1 erk
Ursu"l a 'E. Kennedy
Mayor
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RESOLUTION NO. 89-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING A DEVELOP~ENT PLAN (USE PERMIT
89-21) FOR A RETAIL CENTER ON A SITE IN PLANNED
COMMUNITY COMMERCIAL DISTRICT (PC-C) FOR THE PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF NEWPORT AVENUE AND
MAIN STREET, 13662 NEWPORT AVENUE.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
Ao
That a proper application, Use Permit No. 89-21 has been filed on
behalf of Champion Development requesting approval of a
development plan for a retail center totaling approximately
18,200 square feet located at 13662 Newport Avenue on property
legally described as Assessor Parcel numbers 500-171-1 through 3.
B. A public hearing was duly called, noticed and held on June 26,
1989 and on July 17, 1989.
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:
lo
The use applied for is in conformance with the requirements
of the Tustin General Plan.
0
The use applied for is in conformance with the requirements
of the Tustin Zoning Code.
e
The project has been designed to be architecturally
compatible wi th the area.
e
The proposed development conforms with the established
guidelines for development of Planned Community Commercial
properties as established by. Planning Commission Resolution
No. 2411.
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.
2
Resolution No. 89-102
3 Page two
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Ee
Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official and State of California,
Fire Code as administered by the Orange County Fire Marshal, and
street improvement requirements as administered by the City
Engineer.
Fe
A negative declaration has been filed in conformance with the
California Environmental Quality Act.
Go
Final development plans shall require the review and approval of
the Community Development Department.
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II. The City Council hereby approves Conditional Use Permit No. 89-21
approving the development plan for a retail commercial center at the
southeasterly corner of Newport Avenue at qain Street, 13662 Newport
Avenue, subject to all conditions contained in Exhibit A attached
hereto and hereby repeals all conditions established by Planning
Commission Resolution No. 2635.
PASSED AND ADOPTE~) at a regular meeting of the Tustin City Council, held on
the day of _ , 1929.
~rsula E". Kennedy
May o r
Mary E. ~ynn
City C1 erk
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 89-21
RESOLUTION NO. 89-102
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted site
plan and development plans for the project date stamped July 17, 1989 on
file with the Community Development Department, as herein 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 specifi'ed, the conditions contained in this exhibit
shall be complied with prior to the issuance of a building permit for the
project, subject to review and approval hy the Community Development
Department. All conditions of Planning Commission Resolution No. 2635
are considered null and void.
* 1.3 ParKing for the proposed commercial center shall be maintained as
(2) follows:
I parking space per 200 square feet of retail use.
I parking space per 3 seats for restaurant uses.
(8)
1.4 The.uses authorized by the approv'al of Use Permit 89-21 are as follows:
a. A minimum of 75% of the building floor area shall be devoted to
retail sales establishments.
b. The type of uses allowed in the project shall substantially conform
to those uses authorized in the C-2 Zoning district except for those
uses specifically prohibited in this resolution. .All uses which
require a Use Permit as listed in the C-2 zoning district will also
require a conditional use permit for this site.
c. 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. 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) ENVIRONMENTAL MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC/ POLICY
Exhibit A
Resolution No. 89-102
Page two
1.5 Use permit approval shall become null and void unless all building
permits for the project are issued within one year of the date on this
exhibit and substantial construction is underway.
1.6 The applicant shall execute and file an agreement with the Public !~lorks
department agreeing to maintain all landscaping in the public parkways
adjacent to the site.
1.7 A covenant agreement to hold the parcels together as one shall be
prepared and reviewed by the Community Development Department, and
recorded against the subject properties prior to issuance of any
structural building permits for the project.
1.8 The southerly handicap parking spaces shall be moved further north on the
site to avoid vehicle stacking problems.
(2) 1.9 The applicant shall obtain approval from the South Coast Air Quality
Hanagement District and prepare any plans in accordance with Regulation
15 prior to issuance of a Certificate of Occupancy for the building.
GRAD ! N,G/DRA! NAGE /PUBL !C ,NOR, KS
2.1 At building plan check, submit prior to issuance of building permits as
fo 11 ows'
(3) A.
Construction plans, structural calculations, and title 24 energy
calculations shall be submitted for all improvements. Requirements
of the Uniform Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by the ~uilding
Official. Plans should reflect architectural details and elevations
for all structures, walls, enclosures and any other construction
level drawings necessary to accurately reflect all proposed
construct i on.
(3) B.
Provide 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.
(3) C.
Provide technical drawings for electrical, plumbing and mechanical
installation.
Exhibit A
Resolution No. 2635
Pa ge t h ree
(3)
(3)
(1)
(6)
(6) *
(6) *
(1)
(2)
(1)
D. Final grading and speci.fications consistent with the site plan and
the Orange County Surveyor's Bench mark datum and prepared hy a
registered civil engineer for approval of the Community Development
Department.
ED
~ precise soils engineering report provided by a soils engineer
within the previous twelve (12) months.
F®
Presentation of a sedimentation and erosion control plan for all
construction work related to the subject parcel 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.
Ge
Information, plans and/or specifications to ensure satisfaction of
all Public Works Department requirements including but not limited
to:
le
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.
e
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.
®
Construction or replacement of all missing or damaged public
improvements will be required and shall include but not be
limited to the following:
a. Curb and gutter
b. Si dewal k
c. Wheelchair ramp
d. A.C. pavement
e. Street lights
f. Domestic water service
g. Fi re hydrant/fi re service (if required by
O.C. Fi re Marshal)
h. Sanitary sewer lateral
®
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.
Exhi bit A
Resolution No. 89-102
Page four
(1)
(6)
(6)
(6)
Be
If a detector check is required, it will need to ,he constructed
behind the right-of-way line within an easement to the City per
Standard Plan No. 129.
e
All in§ress/egress via Main Street driveway shall be limited to
right turn movements only.
7. Applicant shall be responsible for pavement markings along Main
Street to accomodate the channelization which will prohibit
left turn movements to and from the ~,lain Street driveway. All
pavement marking will be subject to review and approval by the
City Engineer.
®
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.
9. The northerly access drive shall be reoriented to a 90° angle.
The applicant shall comply with all requirements of the Orange
County Fire Harshal, 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 combustihle
construction, evidence that adequate water supply and
operational fi re hydrants are available for fi re 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 fi re 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.
2.2 Any underground gasoline tanks shall be removed and any toxic soils or
substances removed from the site in accordance with the County of Orange
Hazardous Materials Division requirements, prior to issuance of building
permits.
Exhi bit A
Resolution No. 89-102
Page fi ve
2.3 In addition to restricting left turn movements on the Main Street access,
certain pavement markings, signs and street improvements shall be
installed as determined by the City Traffic Engineer as follows:
1. The northerly access drive shall be realigned to a gO° angle access.
2. Installation of "DO NOT BLOCK INTERSECTION" signs at the Newport
Avenue and Andrews' Street intersection are required. A minimum of
two "N()T A THROUGH STREET" signs shall be posted on Andrews Street.
The actual number and locations of these signs shall be determined by
the traffic engineer. All signs shall be posted prior to building
permit issuance and the cost for these signs shall be paid for by the
developer by filing a cash deposit in the appropriate amount for such
improvements with the City Public Works Department.
e
Red curbs shall be installed along Newport Avenue from the second
driveway south of Andrews Street (professional office building entry)
up to the northerly access drive on Main Street (project entry on
Main). Additionally, red curbing along the north side of Andrews
Street between the easterly project property line to Newport Avenue
shall be installed. The traffic engineer shall determine whether or
not some limited parking w-ill be provided on the north side of
Andrews Street either for vehicle loading purposes (maximum 20 minute
parking) or unlimited parkiqg. All red curbing shall be installed
prior to issuance of a certificate of occupancy and all costs for the
work shall be paid for by the developer by filing a cash deposit in
the appropriate amount for such improvements with the City Public.
',~Jork s !])epa rtment.
"KEEP CLEAR" markings and 12 inch wide boundary bars shall he placed
on the north and south bound lanes on Newport Avenue prior to
building permit issuance and the cost for such shall be the
responsibility of the developer by filing a cash deposit in the
appropriate amount for such improvements with the City Public '~orks
Department.
e
The applicant shall provide a construction traffic routing plan to
the City Public Works Director for review and approval prior to
issuance of building permits.
e
To ensure that the proposed traffic enhancements are effective, the
Publ i c Works Department shal 1 review the t raffi c patterns
periodically to determine whether or not illuminated caution lights
or signs are needed to protect the left turn movements at Andrews
Street. Periodic police enforcement of the "Keep Clear" signs may
al so be required if determined to be necessary by the Traffic
Engineer. Any required improvement costs shall be the responsibility
of the developer and deposited in the appropriate amount for such
improvements with the City Public Works Department.
Exhibit A
Resolution No. 89-102
Page six
NOISE
(1) 3.1 All construction operations including engine warm up shall be subject to
(2) 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. i'4aj or thorou§hfare and bridge fees to Tustin Public t-lorks
Department.
Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Building plan check and permit fees to the Community
Development Department.
E. New development fees to the Con~unity Development Department.
F. School facilities fee to the Tustin Unified School District.
SI TE AND BU I LDI NG COND I T IONS
(1) 5.1 All improvements, materials and colors shall substantially conform to the
(4) approved plans, date stamped July 17, 1989 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 on proposed pre-cast concrete columns shall
be subject to review and approval of the Community Development
Department. In the event the proposed treatment is unacceptable, the
Community Development Department may require that the columns he stuccoed
to match the building.
Exhibit A
Resolution No. 89-102
Page seven
(1) 5.3 The exact color and stucco finish to be utilized on exterior building
(4) walls, and the color on window frames shall be subject to approval of the
Director of Community Development. The Community Development Department
would su!l!.)est lighting up exterior wall elevation colors in a slightly
lighter shade in the earthtone range.
(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 and shall be locked during non-construction hours to prevent
theft and unauthorized entry.
(1) 5.5 All mechanical and electrical fixtures and equipment shall he adequately
(4) and decoratively screened. The screen shall be considered as an element
of the overall design of the project and shall blend with the
architectural design of buildings. All telephone and electrical boxes
shall be indicated on the building plans and shall be completely
screened. Electrical transformers 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
t o st reet.
(1) 5.6 Submit detail for all on-site walls to be contructed by developer. Show
(4) type of wall cap and color, exterior materials and decorative treatment
of all exposed walls. 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 details on lighting scheme for project. Note final locations of
(3) all exterior lights. All lighting fixtures shall be of ornamental design
(4) and shall be located or designed so to direct rays of )ight so they do
not shine on adjacent properties.
(4) 5.8 Provide structural details, colors and materials for trash enclosure.
The trash enclosures shall be architecturally treated to match the
buildings and shall have solid metal gates.
(1) 5.9 All roof drains shall he 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 setback areas.
5.11 An access agreement reviewed and approved by the City and recorded with
the easterly property owners shall be approved and recorded on the deeds
to the properties prior to issuance of building permits. A routing plan
for the residents' interim access during construction shall be provided
prior to issuance of building permits.
Exhibit A
Resolution No. 89-102
Page eight
(1) 5.12 A complete, detailed project sign program including design, location,
(3) 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. Any freestanding signs shall be 1.imited to one monument
sign, maximum 6 feet in height consistent with architecture for the
project. All other signs shall be in accordance to the Tustin Sign Code
Section 9494.
5.13 The freestanding sign shall provide the name and address of the center.
Address numerals shall be prominently displayed and be a minimum of 6" in
height.
5.14 No signs will be permitted on the east facing building elevation.
5.15 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.
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 sufnmary table applying indexing
identification to plant materials in their actual location. The plan and
table must list botantical 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 backf)ow 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 fi eld 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 on large areas alone is not
b)
A minimum 30" high earthen berm shall be provided along the Newport
Avenue, Andrews and Main Street frontages wherever possible or
alternative planting screening materials subject to approval of the
Community Development Department.
(7) 6.3 All newly planted trees shall be staked according to City standards.
(7) 6.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 2 feet on center when intended as screen planting.
E×hi bit A
Resolution No. 89-102
Page ni ne
(7) 6.5 Ground cover shall be planted at 8 inches on center.
(7) 6.6 When I gallon plant sizes are used the spacing may vary according to
material s used.
(7) 6.7 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.
(7) 6.8 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 triming, mowing, weeding, removal of
litter, fertilizing, regular watering, or replacement of disease or dead
plants.
(7) 6.9 In irrigation areas, controller to be enclosed in lnckable housing.
Design irrigation systems to provide sufficient coverage as well as
avoiding water overspray on buildings and sidewalks. Note of this
requirement to he on plan check drawings.
(7) 6.10 All landscaped planters shall be'contained by a minimum 6" high concrete
curb.
6.11 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 should also be integrally colored to improve
appearance over time.
6.12 The landscape plan for the project shall be modified to incorporate the
conditions contained and as follows-
a. A minimum of four additional tree wells and trees shall be provided
in the parking area to accomi~odate City's landscaping requirements
with location subject to approval of the Director of Community
Development.
Please note that buildings shall he complimented by appropriately
scaled landscaping. Please provide an upgrade of the palm species
type to the same scale and species type utilized on 'the Tustin Plaza
project across Newport Avenue.
c. Steel pipe guards shall be decorative and subject to approval of the
Community Development Department as to location and design.
LCK- CAS- pef