HomeMy WebLinkAboutPH 5 DR 87-37,UP 87-30 9-18-89TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COIgtUNITY DEVELOPMENT DEPARTMENT
APPEAL OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 87-37 AND
AMENDMENT TO USE PERMIT 87-30
APPLICANT:
DONAHUE SCHRIBER
3501 JAMBOREE ROAD
SUITE 300, SOUTH TOWER
NEWPORT BEACH, CA 92660
OWNER-
THE IRVINE COMPANY
P.O. BOX I
NEWPORT BEACH, CA 92658-8904
LOCATION-
NORTH ENTERTAINMENT VILLAGE, TUSTIN MARKET PLACE
ZONING: PLANNED COMMUNITY RESIDENTIAL EAST TUSTIN SPECIFIC PLAN
MIXED USE COMMERCIAL
ENVIRONMENTAL: THE PRESENT PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL
IMPACT REPORT FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2) WHICH
SERVES AS A PROGRAM EIR FOR THE PROPOSED PROJECT. NO ADDITI1)NAL
ENVIRONMENTAL DOCUItENTATION IS REQUIRED. ~
RECOHHENDATION
It is recommended that the City Council-
(1) Adopt Resolution No. 89-140, certifying that Final EIR 85-2 for the East
Tustin Specific Plan is adequate to serve as the Program EIR for this
project.
(2) .Adopt Resolution No. 89-141, approving Design Review 87-37 ~~ding Use
Permit 8'7-30 as submitted or revised.
BACKGROUND
The Planning Commission originally approved Design Review 87-37 for the Tustin Market
Place in January of 1988. This action approved the architectural concept/theme for
the Phase I and II retail buildings {hard and soft goods) and established guidelines
for the stand alone pads on the site that would be developed on an individual basis.
At that time, the design of the movie theatre/retail shop facility in the North
Entertainment Village was conceptual.
L
City Council Report
September 18, 1989
Design Review 87-37
CUP 87-30
Page two
It was understood by all parties that once the design of these facilities
was finalized, design review approval from the Planning Commission would be
requested. The North Entertainment Village is located north of E1 Camino Real,
immediately west of Jamboree Road in the Tustin Market Place.
On July 24, 1989, the Planning Commission conducted a workshop to review the
proposed architectural and site design of the theatre/retail facility. At that
time the Commission reviewed site and landscape plans, building elevations and a
model. Issues identified by staff and discussed at that time included: pedestrian
access/circulation, vehicular access/circulation, parking, building design, height
and scale, colors and tower elements over 50 feet in height.
On August 14th, the Planning Commission held a public hearing on Design Review 87-37
and an amendment to CUP 87-30. At that time, the Planning Commission, certified the
environmental findings for the project and approved Design Review 87-37 for the North
Entertainment Village and an amendment to CUP 87-30 for tower design and height.
On August 21st, the Planning Commission's action was appealed. A public hearing
notice for the appeal of Use Permit 87.-_30 was published in the Tustin News. All
property owners within 300 feet of the subject property were notified by mail
pursuant to State law. The applicant, architect and property owner were provided a
copy of the agenda and staff report for this meeting.
PROJECT DESCRIPTION
The following is a discussion of the various aspects and issues of the
theatre/retail facility in the North Entertainment Village.
SITE DESIGN - The North Entertainment Village will consist of six buildings, three
stand'a o-T~ structures tl~at will be designed and built individually, {which are not a
part of this review) and three buildings that make up the theatre/retail facility,
which are the subject of this application. Access to the North Village will be taken
from a total of four locations. Two intersections provide access from E1 Camino
Real; the main intersection with the auto sculpture, which allows for left turn
ingress and egress, and a right turn only ingress and egress further to the west.
The other two access points are located on the north side of the village along one of
the loop drives within the center. Patrons entering the north village from E1 Camino
Real will be encouraged to use the parking provided within the village, while patrons
using the northern access route will have the option of using parking within the
village or the parking immediately north of the village and loop road (see sheets
A1.1 and A1.3 of the attached plans).
L
Community Development Department
City Council Report
September 18,~ 1989
Design Review 87-37
CUP 87-30
Page three
As designed, there are three pedestrian court areas within the theatre/retail
complex (see sheet L1.2). The "Village Center Court" is the largest, located near
the theatre entrance, creating a focal point for the complex and dividing the main
structure (Building 'B') from the smaller structure to .the east (Building 'A').
Features within this court will include planters, a water element (no specific
design yet), palm trees, and tables with umbrellas and chairs. The other courts
are located at the west end of Building 'B' and are identified on L1.2 as the "Palm
Court" and "Bouganvillea Court". The Palm Court includes planters, palms, tables,
chairs and benches and the Bouganvillea Court includes planters, palms and
benches. All three of these courts form logical drop-off/pick-up locations and
gathering places for patrons. All hard finish surface areas are proposed to be
concrete with either a rock salt or exposed aggregate finish.
Sheets A2.1 and A2.2 of the attached plans provide projected floor plans for the
theatre/retail complex. According to the parking summary on Sheet A1.3, the north
village will contain a total of 38,881 square feet of retail space, a 1,494 seat,
6-plex theatre (1,500 seats maximum allowed), 5,000 square feet of financial use
and a total of 33,350 square feet of restaurant space. Only a portion of the
restaurant space is within the main complex, as two of the stand alone pads will be
developed with restaurants and the third with the financial use. The majority of
restaurant space in the theatre/retail co'mplex is located in Building 'A' with only
limited retail space. On the first floor, Building 'B' contains t~vo small
restaurant spaces with the rest devoted to retail. Building 'C' is all retail.
Only Building 'B' has a second floor, which is devoted to the theatre (access is
provided by stairs, escalators and an elevator). ~
The definitions contained in Section 3.3 of the East Tustin Specific Plan
establishes three types of commercial centers: District, Neighborhood and
Regional. District centers are proposed to accommodate the needs of a group of
neighborhoods, containing typical neighborhood center uses {markets, drug stores,
etc.) as well as small department stores, specialty clothing stores, movie
theatres, restaurants, etc.
Neighborhood centers are characterized by such uses as markets, drug stores, liquor
stores, banks, and other small services uses. Regional centers would typically
contain large department stores and specialty shops.
The parking standards established in Section 3.10.1.D of the Specific Plan for
these three types of centers are as follows'
Regional i space 1/200 square feet
District i space 1/222 square feet
Neighborhood 1 space 1/250 square feet
The Specific Plan also establishes parking for specific uses located independently
(such as restaurants, banks, auto repair, churches, etc.).
Community Development Department
Ci t,y. Council Report,
September 18, 1989
Deslgn Review 87-37
CUP 87-30
Page four
When the Tustin Market Place was originally approved in January of 1988, the
applicant had applied the Specific Plan's parking requirements in such a manner
that Phase I was parked at the Regional center ratio, Phase II was parked at the
Neighborhood Center ratio, the Fast Food and Restaurants were parked at their
individual ratios and the theatre was parked based on the number of anticipated
seats (see Attachment I for a specific breakdown).
The applicant has since revised their original parking calculations, as shown on
sheet A1.3 of the attached plans. This parking summary separates the different
types of uses by parking ratio and indicates an ultimate shortage of 119 spaces.
After reviewing the applicant's original and revised' calculations, and the
definitions of the three types of commercial centers contained in the Specific
Plan, staff'believes that the applicant's approach is incorrect. Pursuant to
the definitions, all of Phase I should be parked at the Regional ratio of 1/200
{given the nature of its users).. Phase II and the theatre/retail facility in
the North Village should be parked at the District ratio of 1/222. This
includes all of the retail and restaurant uses as well as the movie theatre {as
these uses are part of a "center" and are not located independently as
freestanding structures). The remaining freestanding structures, including
restaurants, banks and fast food restaurants, should be parked at the ratios
provided for such uses when located independently. Using this approach, the
total number qf required parking spaces for the Tustin Market Place is 3,950
{see Attachment II for a specific breakdown). By staff's count, there are
approximately 4,028 parking spaces provided at the Market Place, resulting in a
78 space surplus. The future gas station and carwash site.were not included in
these calculations as they will be required to be self sufficient in parking.
To track parking compliance, the applicant will have to provide the City with a
running tally showing the maximum allowed floor areas for each type of use, and
the corresponding parking requirement, subtracting tenancies and parking from
the cap as they are submitted for review (will include existing tenancies).
This is spelled out in the conditions of approval.
ARCHITECTURAL STYLE - The arcllitectural style of the theatre/retail complex is
genera)"ly 66'nsistent with the approved concept for the center as a whole,
utilizing large flat wall areas, towers, clear glazing, stolit texture coating,
etc. Building 'C' is proposed to be 20 feet high with two 46 foot tower
elements, one of which is open to the sky and connects Building 'C' to Building
'B' (see sheets A1.1, A3.1 and A3.2).
Building 'B' measures 46 feet high with two tower elements measuring 65 feet.
One of these towers constitutes the theatre entrance (lobby, ticket sales,
stairs, escalator and elevator) the other contains exiting stairs.
Community Development DepartmeRt
City Council Report
September 18, 1989
Design Review 87-37
CUP 87-30
Page fJ ve
As the floor plans and elevations indicate, the second floor of Building 'B' is
in line with the first floor on the north elevation, where a series of narrow
vertical windows is utilized to break up the wall surface. On the south
elevation, the second floor is pulled 27~ feet back from the first floor which
reduces the impact of the building height and mass. The west elevation is
distinguished by a 46 foot high tower containing exiting stairs which slope down
the west elevation. The east elevation {Village Center Court) is dominated by
the two 65 foot tall towers. Both Buildings 'C' and 'B' have a pedestrian
arcade on all sides on the ground floor (see sheets A3.3 and 3.4).
Building 'A' varies in height, with the portion nearest the "Village Center
Court" measuring 29 feet in height and the eastern end measuring 20 feet. A 46
foot tall tower is located at the southern elevation. Building 'A' contains a
pedestrian arcade only along the north elevation and a portion of the east
elevation {see sheets A3.5 and A3.6}. The 46 foot towers on Buildings A and C
serve an architectural function by tying these one story buildings in to
Building B, which is also 46 feet tall.
The predominant color is the darkest tan shown on the "7/10/89 Color Board"
(#3), which is proposed to be used on the majority of the outermost surfaces of
B'uildings A, B and C. The middle tan {#2) is proposed to be used on the inset
areas of Building 'B' {south elevation, second level and west elevation} and on
the north, south and east elevations of Building 'A'. The lightest tan {#1)
is proposed to be used on the surfaces facing onto the "Village Center Court",
consisting of the east elevation of Building 'B' {excluding the theatre entrance
tower) and the west elevation of Building 'A'. All of these color locations are
shown on the attached plans and are identified as A, B, and C {corresponds to 1,
2, and 3).
AMENDMENT TO CUP 87-30 -The original approval of CUP 87-30 allowed a total of
five tower elements within the entire Entertainment Village greater than the 50
foot height limit allowed in the East Tustin Specific Plan. These consisted of
four triangular shaped laser towers located at each corner of the Entertainment
Village {North and South), and one square, freestanding tower element in the
theatre/retail facility. All five towers were approved with heights up to 70
feet {as presently designed, the four laser towers will measure 60 feet high).
Justifications provided by the project architect at the July 24th workshop and
the August 14th Planning Commission meeting for the 65 foot towers were that the
tower at the theatre entrance housed the main entry for the theatre and also
would display the marquee listings for the six theatres, establishing a
prominent entry for this use; the other tower, (containing exiting stairs),
helped to form an entry portal wi th the 46 foot tower on Building 'A' and
break-up the building mass; it was also noted that some type of graphic might be
placed on this tower in the future; and the combination of the two 65 foot
towers would create a focal point for the North Entertainment Village.
Community Development Department
City Council Report
September 18, 1989
Design Review 87-37
CUP 87-30
Page si x
Of the two 65 foot towers proposed in the complex, the applicant has proposed
that the theatre entrance Js the most significant in terms of its location and
function. The Commission felt that this tower was justified for the reasons
stated by the project's architect since it establishes a prominent entry for the
theatre. The Plannlng Commission was still cautious and believed the tower, In
concert wtth the proposed 46 foot height and scale of 8uildtng B, may be of
concern to the community. The Commission felt that the second 65 foot tower
(houslng existing stairs) could definitely be reduced in height to 46 feet and
still accommodate the stairs and form an entry, portal with the 46 foot tower on
Building 'A'. It was also felt that the theatre tower, combined with any future
laser beam connecting the four laser towers, will definitely be noticeable from
Jamboree Road and the freeway, attracting patrons to the Entertainment Village.
Once familiar with the center, patrons will not really need these attractions to
find their destinations. Accordingly, a condition of approval imposed by the
Planning Commission required the subject tower to be reduced to 46 feet. The
applicant still desires a 65 tower height.
ENVIROI~4ENTAL ANALYSIS
Based upon review of the submitted plans, as well as Final Environmental Impact
Report 85-2 {as supplemented), it has been determined that environmental issues
related to this proj.ect have previously been addressed. Also, appropriate
mitigation measures identified in EIR 85-2 are included as conditions of
approval for the project. With this information in mind, it is recommended that
the City Council make the finding that requirements of the California
Environmental Quality Act have been met and that no further environmental review
is required.
CONDITIONS OF APPROVAL
Recommended conditions of approval are those approved by the Planning
Commission. Outside of specific issues discussed in this report, conditions of
approval are standard conditions required by either the Specific Plan, other
applicable municipal codes, the approved Development Agreement for the project
area or requirements of other City Departments and outside reviewing agencies.
Staff will respond to any quesitons concerning listed conditions at the
September 18, 1989 public hearing.
Community Development Department
City Council Report
September 18, 1989
Design Review 87-37
CUP 87-30
Page seven
CONCLUSION
Given the analysis conducted by staff and consideration of comments from the
August 14th Planning Commission meeting, it is concluded that the proposed
project meets the requirements of the East Tustin Specific Plan, the Tustin City
Code and the California Environmental Quality Act. It is, therefore,
recommended that the City Council uphold the Planning Commission's approval of
Design Review 87-37 and the amendment to Conditional Use Permit 87-30, subject
to the findings and conditions of Resolution No. 89-141.
~Steve Rubl n
Associate Planner
Christine Shirt, eton ~/
Director of Community Development
SR:CAS :kbc
Attachments: Plans and Elevations
Attachments I and II
Resolution No. 2656
Resolution No.s 89-140 and 89-141
Community Development Department
ATTACmENT I
Original parking calculations- (*)
Retail at 1/200 (Regional Center)'
304,000 square feet =
Retail at 1/250 {Neighborhood Center)'
413,000 square feet =
Restaurants (1)'
45,000 .square feet
1,520 spaces
Fastfood (2)'
10,000 square feet
1,652
Theatre (3)'
1,500 seats
·
Total Required Parking
= 789
: ._ 100'
: 500 -
4,561 spaces
(1) Restaurants are parked at I space/?5 square feet for the first 6,000
square feet and 1 space/55 square feet for the remaining square feet.
(2) Fast Food restaurants are parked at 1 space/100 square feet.
{3) Freestanding theatres are parked at i space/3 seats.
* Calc~a~.:~::.ns by applicant.
ATTAC))tENT I I
Staff's revised parking calculations using most recent floor area breakdowns'
· Phase I at 1/200 (Regional ratio)-
387,489 square feet = 1,938 spaces
· South Village {all freestanding structures)·
Financial at 1/250:
4,500 square feet
Fast Food at 1/100:
11,500 square feet
= 18
= 115
Restaurant at 1/75-
11,500 square feet
= 153
Restaurant at 1/55'
4,000 square feet
= 73
North Village Theatre/retail/restaurant Commercial Center
at 1/222 (District ratio)'
85,896 square feet = 386
North Village Freestanding structures
Restaurant at 1/75-
12,000 square feet
Restaurant at 1/55'
6,500 square feet
Financial at 1/250'
5,000 square feet
= 160
·
: 118
= 2O
Phase II Commercial Center
at 1/222 (District ratio)'
215,211 square feet
= 969
Total Required Parking
Total Provided Parking
3,950 spaces
4,028 spaces
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RESOLUTION NO. 2656
A RESOLUTION OF THE PLANNING COMMISSION OF:THE~ CITY OF
TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-37 FOR
THE THEATRE/RETAIL FACILITY OF THE NORTH ENTERTAINMENT
VILLAGE OF THE TUSTIN MARKET PLACE AND AMENDING CUP
87-30, REVISING THE LOCATION AND DESIGN OF THE
PERMII'FED TOWER OVER 50' IN HEIGHT IN THE
THEATRE/RETAIL FACILITY OF THENORTH ENTERTAINMENT
VILLAGE.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning commission finds and determines as follows'
Ae
Proper applications (Design Review 87-37, and an amendment to CUP
87-30), were filed by Donahue Schriber, on behalf of the Irvine
Company, requesting approval of: the design review of the
theatre/retail facility in the North Entertainment Village and an
amendment CUP 87-30 to increase the number of towers greater than
50 feet in height in the Entertainment Village from five to six.
B. A public hearing was duly called, noticed and held on said
applications on August 14, 1989.
C. Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural features
and general appearance of the proposed development will not
impair the orderly and harmonious development of the area, the
present or future development therein, or the occupancy as a
whole. In making such findings, the Commission has considered at
least the following items- .
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
ge
Location and appearance of equipment located outside of an
enclosed structure.
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Resolution No. 2656
Page
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing
structures in the neighborhood.
12. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Development Guidelines and criteria as adopted by the City
Council.
D. Pursuant to Section 9291 of the Tustin Municipal Code, the
Commission finds on the amendment to CUP 87-30, to permit a tower
greater than 50 feet in height to be located at the entrance to
the movie theatre in the North Entertainment Village, that the
establishment, maintenance and operation of said tower, will not,
under the circumstances of this case, be detrimental to the
health, safety, morals, comfort or general welfare of persons
residing or working in the general area nor will it be injurious
or detrimental to the property or general welfare of the City of
Tustin, as evidenced by the following findings:
1. The proposed tower would have a maximum height of 65 feet,
lower than the originally approved tower' of 70 feet.
2. The proposed tower would be located at the entrance-to the
movie theatre, housing stairs, escalators and an elevator
for said theatre, and would be designed and constructed as
an integral part of the adjacent structure.
3. The proposed tower would create a prominent entrance for the
movie theatre and contain signage for the theatre, which is
deemed necessary as the theatre is situated over 450 feet
from Jamboree Road.
E. Pursuant to Section 9291 of the Tustin Municipal Code, the
Commission finds on the amendment to CUP 87-30, to add a second
tower greater than 50 feet in height within the theatre/retail
facility in the North Entertainment Village, that the
establishment, maintenance and operation of the second tower,
will, under the circumstances, be detrimental to the health,
safety, morals, comfort and general welfare of persons residing
and working in the general area, and will be injurious and
detrimental to the property and general welfare of the City as
evidenced by the following findings:
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Resolution No. 2656
Page three
®
e
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The second 65 foot tower Is not In concert with the 46 foot
height and mass of Building 'B' of the theatre/retail
facillty and may be of concern to the community at large.
Reducing the hetght of the second 65 foot tower to 46 feet
would sttll allow it to function as part of an entry portal
in the Village Center Court and also to house exiting stairs
for the movie theatre.
The theatre tower, combined with the four 60 foot tall laser
light towers will be more than noticeable to patrons on
Jamboree Road a~d the 1-5 Freeway.
II.
The Planning Commission hereby approves'
A. Design Review 87-37 for the theatre/retail facility of the North
Entertainment Village of the Tustin Market Place, subject to the
conditions contained in Exhibit 'A', attached hereto; and
B. An amendment to CUP 87-30, permitting one 65 foot tall tower to
be located at the movie theatre entrance in the North
Entertainment Village of the Tus'tin Market Place, subject to the
conditions contained in Exhibit 'B', attached hereto.
III. The Planning Commission h~reby denies an amendment to CUP 87-30 to
permit a second 65 foot tall tower in the theatre/retail facility of
the North Entertainment Village of the Tustin Market Place.
PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on
the 14th day of August, 1989.
Secretary
/
~ .. Z. ~ f' ,'( ,',
Leslie Anne Pbntious --
Chairman
EXHIBIT A
DESIGN REVIEW 87-37
THEATRE/RETAIL FACILITY,
NORTH ENTERTAINMENT VILLAGE
CONDITIONS OF APPROVAL
RESOLUTION NO. 2656
I. GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project dated August 14, 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.
(1) 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be
complied with prior to the issuance of any building permit for the-project,
subject to review and approval by the Community Development Department.
(1) 1.3 Design review approval shall be become null and void unless building permits
for the theatre/retail facility are issued within eighteen (18) months of the
date on this Exhibit.
(5) 1.4 Uses or activities requiring separate use permits pursuan% to the provisions
of the East Tustin Specific Plan and the' Tustin Municipal Code (i.e., night
clubs, liquor licenses, etc.) shall obtain such prior to the issuance of
building permits or certificates of occupancy for said uses as applicable.
PLAN SUBMITTAL
2.1 At building plan check the applicant shall submit:
(3)
A. Construction plans, structural calculations, and Title 24 energy
calculations complying with the requirements of the Uniform Building
Codes, State Handicap and Energy Requirements as approved by the Building
Official.
(2)
(3)
B. Preliminary technical detail and plans for all utility installations
including cable TV, telephone, gas, water and electricity. Additionally,
a note on plans shall be included stating that no field changes shall be
made without corrections submitted to and approved by the Building
Official.
(2)
(3)
(2)
(3)
Ce
Final grading and specifications consistent with the site plan and
landscaping plans and prepared by a registered civil engineer for
approval of the Community Development Department.
D. A Precise soils engineering report provided by a soils engineer within
the previous twelve {12} months as determined necessary by the Building
Official.
SOURCE CODES
,1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIOM
(5) SPECXFXC PLAN
(6) R£$PONSXBL~ A(~NCY R~OU~R~M~NT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY,
Exhibit A
Resolutlon No. 2656
Page two
(1) E.
(2)
Information, plans and/or specifications to ensure satisfaction of all
Public Works Department requirements.
(2)
(6)
F. Information to ensure compliance with all requirements of the Orange
County Fire Chief including required fire sprinklers and fireflow and
installation, where required, of fire hydrants subject to approval of the
Fire Department, City of Tustin Public Works Department and Irvine Ranch
Water District and compliance with all requirements pertaining to
construction.
3. SITE AND BUILDING CONDITIONS
(1) 3.1 The architectural design materials and textures of the three buildings that
constitute the theatre/retail facility shall be in substantial conformance
{4} with that design indicated on the plans dated August 14, 1989 and the "Tustin
*** Market Place Architectural Guidelines" and all of the provisions contained
therein. All final building designs and details shall be subject to rev.iew
and approval by the Director of Community Development. There shall be NO
deviations from designs and colors shown on the approved plans without PRIORm
approval of the Planning Commission and/or the Community DeveloPment
Department.
(4) 3.2 Building colors for the Tustin Market Place (base and accent) shall adhere to
those "hues" displayed on the "7/10/89 Color Board" on.file with the Community
Development Department and displayed at the August 14, 1989 Planning
Commission meeting. Use of the three tan colors shall conform to the use as
shown on the plans dated 8/14/89. The Director of Community Development ~hall
review colors in the field to verify adherence to the approved "hues".
Deviation from the approved "hues" shall require prior approval of the
Planning Commission.
(1) 3.3 A revision to the master sign program for the Tustin Market Place establishing
criteria for major tenants and the movie theatre in the theatre/retail
facility, shall be submitted for review and approval by the Planning
(3) Commission prior to issuance of Certificates of Occupancy.
(4) 3.4 The white aluminum sign panel for tenant signage shall be located behi.n~he~.
drip-l~ine of the buildings.
(1) 3.5 All truck doors and man doors at rear or sides of buildings shall be painted
{4) *** to match the base color of the buildings.
(5)
(1) 3.6 All electrical transformers shall be located at the rear of buildings or
(4) *** internal to the site and shall be screened with enclosures and/or landscaping
{5) where necessary. All mechanical and electrical equipment shall be adequately
screened. All parapets shall be at least six inches above roof top equipment.
tl) 3..? No exterior components of plumbing, drainage or mechanical systems shall be
,4) *** exposed on any building wall. Overflow pipes that empty above grade are
{5) permitted so long as drain pipe is concealed inside building and only the end
of the pipe through the wall is visible.
Resolution No. 2656
Exhibit A
Page three
(1) 3.8 All mer-chandise loading or delivery activities shall occur at the rear or
(4) sides of buildings, shielded from public view wherever possible.
(1) 3.9 Vehicular directional arrows and signage for all streets and roadways in the
(4) project shall be provided pursuant to the standards and requirements of the
(6) Public Works Department and architectural treatments approved by the Community
*** Development Department.
(4) 3.10 No outdoor storage or open pallet storage shall be permitted on the site. Any
*** pallet storage areas shall be completely screened by an enclosure.
(4) 3.11 No corrugated roll-up doors shall be permitted at any front elevation of a
*** bui 1 di rig.
(4) 3..12 Space frame structures or devices which are exposed and/or visible outside of
*** the building dripline shall be prohibited.
*** 3.14 The. applicant shall submit a separate application for the laser display or
light show, addressing public Safety and including mounting and operation
procedures and possible danger of the use of reflective mirrors, hours of
operation, frequency, duration, nature of show, music, volume, etc. for review
and' approval of the Planning Commission.
*** 3.14 The applicant shall submit plans for any and all external displays involving
the use of unshielded light' bulbs, festoons, strings of open light bulbs
and/or open, exposed neon or gaseous light tubing for review and approval by
the Planning Commission. Said proposal shall address location, design, colors
and hours of operation.
(4) 3.15 The pink accent color from the approved color palette may be used in the
** "slots" of the auto sculpture located in the Entertainment Village. The outer
wall surfaces shall be painted with the dark base col or used on the
Phase I and II buildings.
Resolution No. 2656
Exhibit A
Page four
LANDSCAPXNG, GROUNDS AND HARDSCAPE ELEHENTS
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(7) 4.1 Submit at plan check complete detailed landscaping and irrigation plans for
the North Entertainment Village consistent wi th adopted Landscaping and
Irrigation Submittal Requirements and the submitted concept landcaplng plan on
file with the Communlty Development Department and dated August 14, 1989.
Provide summary table applying indexing identification to plant materials in
their actual location. The plan and table shall list botantlcal and common
names, sizes, spacing, actual location and quantity of the plant materials
proposed. Show planting and berming detail-s, soil preparation, staking, etc.
The irrigation plan shall show location and control of backflow prevention
devices, controllers, pipe stze, sprinkler type, spacing and coverage.
Backflow prevention devices and control boxes shall be located in
inconspicuous locations. Details for all equipment shall 'be provided. Show
all property lines on the landscaping and Irrigation plan, public right-of-way
areas, sidewalk widths, parkway areas, and wall locations. The Department of
Community Development may request minor substitutions of plant materials or
request additional sizing or 'quantity materials during plan check. Note on
landscaping plan that adequacy of coverage of landscaping and irrigation
materials is subject to field inspection at project completion by the
Department of Community Development.- These plans shall also identify the type
and location of all public amenities (refuse containers, benches, fountains,
blcycle racks, kiosks, etc.) paving materials and treatments for parking lots,
sidewalks, crosswalks, etc. and other-miscellaneous hardscape items.
(7) 4.2 The submitted landscaping plans at plan check shall reflect the following
requirements. ~
A. Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum
of 8 feet on center when intended as screen planning.
B. Ground cover shall be planted between 8 to 12 inches on center.
Ce
When I gallon plant sizes are used the spacing may vary according to
materials used.
D. Up along ~fences and or walls and equipment areas provide landscaping
screening with shrubs, and/or vines and trees on plan check drawings.
The use of vine materials such as Bougainvillea used elsewhere in East
Tustin shall be encouraged.
E. All plant materials shall be installed in a healthy vigorous condition
· . typical to the species and landscaping must be maintained in a neat and
healthy condition, this will include but not be limited to trimming,
mowing, weeding, removal of litter, fertilizing, regular watering, or
replacement of disease or dead plants.
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In irrigation areas controller to be enclosed 'in lockable housing.
Design irrigation systems to provide sufficient coverage of avoiding
water overspray on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
Exhibit A .... "
Resolution No. 9.656
Page fi ve
(1) ~,.3 Provide details for the lighting scheme for the North Village (including
pedestrian and security lighting). Specifically, all fixtures located in
pedestrian walkways, courtyards and in parking lot. All fixtures shall be
consistent with the established design, color and materials for the Tustin
Market Place. Note final locations of all exterior lights and types of
(4) fixtures. Lights to be installed shall have a decorative design. No light~
shall be permitted to create any glare or have a negative impact on adjoining
properties. The location and types of lighting shall be subject to approval
of Co.unity Development Director and of the Tusti.n Police Department.
4.4 Provide details in patio areas to ensure that outdoor restaurant seating areas
have been evaluated to del~ermine appropriateness of outdoor sale of alcoholic
beverages. In the event it is desireable to sell alcohol in these areas,
plans should be prepared to ensure application of mitigation measures to
ensure compliance with Alcoholic Beverage Control Board (ABC) requirements.
EXHIBIT B
CONDITIONS OF APPROVAL
RESOLUTION NO. 2656
AI"IENDMENT TO CUP 87-30
*** 1. A maximum of five (5) towers not to exceed 65 feet in height shall be
permitted in the Entertainment Village, consisting of four {4) laser light
towers and one {1) building tower at the theatre entrance in the North
Entertainment Village. The design of the tower at the theatre entrance shall
conform with plans dated 8/14/89, on file with the Community Development
Department. The tower containing exiting stairs shall be reduced to 46 feet
in height (from 65').
*** 2. All applicable conditions contained in Exhibit 'B' of Resolution No. 2464,
approving CUP 87-30, incorporated herein by reference, shall remain in full
force and effect.
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. c>~~ was duly passed and adopted at a~eting of
the ~l~ustin Planning Commission, held on the //~/~-day of /~ ,
198~' - ~
PENNI FOLEY /
Recording Secretary
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RESOLUTION NO. 89-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT
(EIR) FOR THE EAST TUSTIN SPECIFIC PLAN, AS AMENDED BY
SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA I S
ADEQUATE TO SERVE AS THE PROGRAM EIR FOR DESIGN REVIEW
87-37 AND AN AMENDMENT TO USE PERMIT 87-30 AND ALL
FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustln does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. Design Review 87-37 and an amendment to 87-30 are considered
"projects" pursuant to the terms of the ,California Environmental
Quality Act; and
B. The projects are covered by a previously certified fi
environmental impact report for the East Tustin Specific Plan
which serves as a Program EIR for the proposed project; and
II. The East Tustin Specific Plan Final Environmental Impact Report,
previously certified on March 17, 1986, was considered prior to
approval of these projects. The City Council hereby finds: the
projects are within the scope of the East Tustin Specific Plan
previously approved; the effects of the projects were examined in the
Program EIR and all feasible mitigation measures and alternati~ves
developed in the Program EIR are incorporated into the projects. The
Final EIR is therefore determined to be adequate to serve as a
Program EIR for these projects and satisfies all requirements of
CEQA.
Applicable mitigation measures identified in the Final EIR have been
incorporated into the projects which mitigate any potential
significant environmental effects thereof. The mitigation measures
are identified as Conditions of Approval of the resolution approving
Design Review 87-37 and an amendment to Use Permit 87-30.
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Resolution No. 89-140
Page two
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 18th day of September, 1989.
1]lT~o[~ E: KENN~bY,
Mayor
MARY=E. ~WYNN,
City Clerk
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RESOLUTION NO. 89-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
UPHOLDING THE PLANNING COMMISSION ACTION ON DESIGN
REVIEW 87-37 FOR THE THEATRE/RETAIL FACILITY OF THE
NORTH ENTERTAINMENT VILLAGE OF THE TUSTIN 'MARKET PLACE
AND AMENDING CUP 87-30, REVISING THE LOCATION AND
DESIGN OF THE PERMITTED TOWER OVER 50' IN HEIGHT IN THE
THEATRE/RETAIL FACILITY OF THE NORTH ENTERTAINMENT
VILLAGE.
The City Council of the City of Tusttn does hereby resolve as follows:
I. The City Council finds and determines as follows:
A.
Proper applications (Design Review 87-37, and an amendment to CUP
87-30), were filed by Donahue Schriber, on behalf of the Irvine
Company, requesting approval of: the design review of the
theatre/retail facility in the North Entertainment Village and an
amendment CUP 87-30 to increase the number of towers greater than
50 feet in height in the Entertainment Village from five to six.
B. A public hearing was duly called, noticed and held on said
applications by the Planning Commission on August 14th. The City
Council at their regular meeting on August 21st, subsequently
appealed the Planning-~Commission's decision.
C. Pursuant to Section 9272 of the Tustin Municipal Code, the
Council finds that the location, size, architectural features and
general appearance of the proposed development will not imp~air
the orderly and harmonious development of the area, the present
or future development therein, or the occupancy as a whole. In
making such findings, the Council has considered at least the
following items: .
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and
tel evi si on antennae.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of an
enclosed structure.
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Resolution No. 89-141
Page t~o
10. Location and method of refuse storage.
11. Physical relationship of proPosed structures to existtng
structures in the neighborhood.
12. Appearance and design relationship' of proposed structures to
existing structures and posslb]e future structures in the
neighborhood and public thoroughfares.
13. Development Guidelines and criterta as adopted by the Ctty
Councl].
D. Pursuant to Section 9291 of the TustJn Munlcipal Code, the
Council finds on the amendment to CUP 87-3'0, to permit a tower
greater than 50 feet tn height to be located at the entrance to
the movie theatre Jn the North Entertainment Vtllage, that the
estab]ishment, maintenance and operation of sald tower, will not,
under the circumstances of this case, be detrimental to the
hea]th, safety, morals, comfort or general welfare of per'sons
residing or working In the general area nor will It be Injurious
or detrimental to the property or genera] welfare of the City of
Tustin, as evidenced by the fo]lowing findings:
1. The proposed tower w6uld have a maximum height of 65 feet,
lower than the originally approved tower of 70 feet. ~
2. The proposed tower would be located at the entrance to the
movie theatre, housing stairs, escalators and an elevator
for said theatre, and would be designed and constructed as
an integral part of the adjacent structure.
3. The proposed tower would create a prominent entrance for the
movie theatre and contain signage for the theatre, which is
deemed necessary as the theatre is situated over 450 feet
from Jamboree Road.
E. Pursuant to Section 9291 of the Tustln Municipal Code, the
Council finds on the amendment to CUP 87-30, to add a second
tower greater than 50 feet in height within the theatre/retail
facility in the North Entertainment Village, that the
establishment, maintenance and operation of the second tower,
will, under the circumstances, be detrimental to the health,
safety, morals, comfort and general welfare of persons residing
and working in the general area, and will be injurious and
detrimental to the property and general welfare of the City as
evidenced by the following findings:
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Resolution No. 89-141
Page three
le
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The second 65 foot tower is not in concert with the 46 foot
height and mass of Building 'B' of the theatre/retail
facility and may be of concern to the community at large.
Reducing the height of the second 65 foot tower to 46 feet
would still a'llow it to function as part of an entry portal
in the Village Center Court and also to house exiting stairs
for the movie theatre.
3. The theatre tower, combined with the four 60 foot tall laser
light towers will be more than noticeable to patrons on
Jamboree Road and the I-5 Freeway.
II.
The City Council hereby upholds the Planning Commission approval of
the following actions-
A. Design Review 87-37 for the theatre/retail facility of the North
Entertainment Village of the Tustin Market Place, subject, to the
conditions contained._ in Exhibit 'A' of Planning Commission
Resolution No. 2656, incorporated herein by reference; and
B. An amendment to CUP 87-30, permitting one 65 foot tall tower to
be located at the movie theatre entrance in the North
Entertainment Village of the Tustin Market Place, subject to ~the
conditions contained in Exhibit 'B' of Planning Commission
Resolution No. 2656, incorporated herein by reference.
III. The City Council hereby upholds the Planning Commission denial of an
amendment to CUP 87-30 to permit a second 65 foot tall tower in the
theatre/retail facility of the North Entertainment Village of the
l'ustln Market Place. '
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PASSED AND ADOPTED at a regular meeting of the City Council held on the
23 18th day of September, 1989. '
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u-l~-uLA E. K~NNEDY~'--~
Mayor
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C1 ty Clerk