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HomeMy WebLinkAboutCC 3 T.T. MAP 13274 02-01-88 ~-~ ~"~ ~I~--~ CONSENT CALENDAR DATE: TO: FROM' SUBJECT: WILLIAN A. HUSTON, CITY PANAGER COIINUNITY DEVELOPNENT DEPARTHENT VESTING TENTATIVE TRACT PAP NO. 13274 RECOIIqENDATION. It ts recommended that the City Council' 1) approve the Environmental Determination of the project by the adoption of Resolution No. 88-8, and 2) approve Vesting Tentative Tract Map No. 13274 as recommended by the Planning Commission by the adoption of Resolution No. 88-9. BACKGROUND_ ' '- Planning' Commission at a regular meeting held on January 11, 1988, w jmmended to the City Council approval of Yesting Tentative Tract Map No. 13274 subject to the conditions contained in Exhibit "B" to Resolution No. 2465. The proposed tract would subdivide a 129+ acre site into 28 numbered and two (2) lettered lots. In conjunction with-~he proposed tract'map the Planning Commission also approved a Sector Concept Plan, for Sector 12 of 'the East Tustin Specific Plan and Design Review 87-37, Conditional Use Permit 87-30 and Variance 87-06, approving a specific site plan and architectural design for a 78 acre mixed use commercial shopping center. The development is to be located east of proposed new Myford Road and the E1 Modena Flood Control Channel (although other uses are conceptually shown for the entire 129+ acre site). The 78+ acre center is expected to include home improvement, cl-~thing, sporting goods, grocery, restaurant and miscellaneous retail and entertainment uses. The entire 129+ acre project site is bounded by undeveloped residentially zoned land to the noFth of Bryan Avenue (includes a future school site), the Santa Ana (I-5) Freeway to the south, agricultural uses to the east of Jamboree Road and the Tustin Auto Center and Tustin Ranch Road to the west (see attached Vicinity Map). 'DISCUSSION __ Project Description/Site Plan - Submitted development plans propose construction :~-.approximately 717,000 square feet of retail/commercial space, 55,000 square ,t of restaurant/fast food space and a 1500 seat movie theatre complex (see rarcel A on site plan) to be developed in three phases over a three year period. Phase I is located in the southern portion of Parcel A, adjacent to the I-5 Freeway and Myford Road. Phase I will consist of hard good retail uses, specializing in home improvement and furnishings. Phases II and III will C Counci 1 Report Feoruary 1, 1988 Page. two consist of a promotional goods section and a community oriented entertainment vJil~lage. Typical soft goods would likely include a grocery store and a variety o~' retail, sporting goods and clothing merchandisers. Entertainment uses would iinctude a movie theatre complex, restaurants, a possible night club, fast food ~s~o:,~.s, e t c. PI-oposed buildings on Parcel A are arranged in three groupings consistent with ~he, proposed merchandising. The hard goods and soft goods section are layed out a,.Tong the outer edges of the site in almost a horseshoe configuration with an orientation towards Jamboree, with the entertainment village proposed at the center of the site. Tlle?'submitted plans also provide a concept plan for development of Parcel B, a 2'3~..acre site. However, the Irvine Company has no formal agreements to develop parcel B at this time. The potential development shown for this area on the s~ plan is merely conceptual to comply with the concept plan required by the E~.b.:Tustin Specific Plan. O'_tiier major features of the project include' Primary access to the project will be provided from signalized intersections at jamboree/E1 Camino Real, E1 Camino/New Myford Road, and along Jamboree approximately 600 feet north of the centerline of E1 Camino Real. Loading and truck deliveries will be restricted south of E1 Camino Real 1~o an access driveway along new Myford Road and north of E1 Camino Real to two access driveways along Bryan Avenue. °° The grading concept for the site has been designed to minimize site preparation costs as much as possible and to facilitate project visibility. Grade differences will range from 4 to 18 feet above the I-5 freeway; 0-9 feet above Jamboree south of E1 Camino Real; an average of 1 foot above Jamboree north of E1 Camino Real; 2 feet below the street elevation along Bryan, and;. an average of 2 feet above Myford Road. A six foot high berm will screen most of the rear of the buildings from public view along Bryan and Myford Avenue. °° A screen wall ranging from two to eight feet in height will be utilized in conjunction with the grade differences and berming to achieve adequate screening along the I-5 freeway and portions of jamboree Road. °~ An extensive interior circulation system will facilitate vehicular access to the outer uses. °~ A proposed pedestrian oriented "Grove" encloses the entertainment village. -Community ~lopment Department ,y Counctl Report ~ebruary 1, 1988 ~.'a~Je three A 1+ acre urban sculpture or "auto square" at the center of the "Grove" is designed as a central focus and "decision point" for arriving vehicles. A~--flitectural Design '- The architectural design of the project .is directly r~,lated to its scale, proposed, buildings are typically single-story structures 3[~ to 50 feet in height. .The project architect has used the buildings and a combination of wall form texture and colors, combined with natural and ' ' ' e" a~tficial lighting to create more of an "urban scump[ur . rather than just a ~eries of buildings and walls have become the principal element of design. B~.lding walls will be primarily designed in a concrete tilt-up style with concrete panels to be stucco textured and painted. In the hard and soft goods ~ections all exterior walls are also proposed in the same texture, materials and base.color (a deep red-brown earth tone ~to minimize their area). A series of brighter accent colors are incorporated at critical locations, such as at store entrances, roof tower elements, sign monuments, etc. The entertain.ment village, ll~cated in the "Grove", will have a lighter base color due to its smaller scale anti will also utilize accent colors. 't. is important to note that the project has been designed as a regional center; Cs large scale does not lend itself to residential scale architectural ..t~eatment. The layout of the project focuses its activities internally and will It~ve less impact upon the nearby residential communities than a project which ttad buildings located at the center of the site surrounded by parking. t~a-rticular attention has also been paid to the "edges" of the project. The llandscape treatment along Bryan duplicates the plant materials utilized along 1:he perimeter of the residential district on the north side of Bryan, including berming, and use of pine and eucalyptus trees. Along the freeway and Myford, ~he planting scheme seeks to shield or screen the back side of the buildings. llhe most unique feature of the project is the proposed use of sculptural towers, rmnging from 70 to 90 feet in height. These towers provide vertical relief to ~he otherwise horizontal nature of the project. _~chool Facilities - The Community Development Department did not receive c~rresponsdence or comment from the Tustin Unified School District concerning vesting Tentative Tract Map No. 13274. Environmental Analysi_s- Based upon review of the subject map as well as Final EIR 85-~ and the addendum thereto, it has been determined that the environmental issues relating to this project have been adequately addressed. A1 so, appropriate mitigation measures identified in Final EIR 85-2 and the addendum thereto, are included as conditions of approval for the project. With this information in mi nd, it is recommended that the City Council certify the addendum to Final EIR 85-2, and make the finding that requirements of the California Environmental Quality Act have been met and that no further environmental review is required. Community l:)eveloprnent Departrnen~ Cit. ~uncil Report February 1, 1988 Page four CO CLUSZO Since the proposed project meets the requirements of the East Tustin Specific Plan, the Subdivision Map Act, the City's Subdivision Ordinance, and the California Environmental Quality Act, it is recommended that the City Council approve the ' Environmental Determination for the project and Vesting Tentative Tract Map No. 13274 by adoption of Resolution No.s 88-8 and 88-9. Steve' Rubi n .Senior Planner SF f Attachments' Vicinity Map - ResolUtions No. 88-8 and 88-9 Planning Commission Resolutions No. 2463, 2464 and 2465 Si te Plan Vesting Tentative Tract Map No. 13274 ._ - Corn rnunity DeveloPment Department- El. ¢ MEDIUM DENSITY RESIDENTIAL FUTURE SCHOOL MEDIUM-HIGH N 'Y RESIDENTIAL MIXED USE AGRICULTURAL SITE SOURCE: CITY OF TUSTIN VICINITY M A P NORTH NOT TO SCALE 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-8 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 IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 13274, WITH THE ADOPTION OF AN ADDENDUM TO SAID EIR AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tusttn does hereby resolve as follows:~ I. The City Council finds and determines as follows: A. Vesting Tentative Tract Map 13274, Design Review 87-37, CUP 87-30 and Variance 87-06 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. The projects are covered by a previously certified final environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. Ce At a public hearing held on January 11, 1988, the Planning Commission adopted Resolution No. 2463, certifying Final EIR 85-2 and an addendum thereto, to be adequate to function as a Program EIR for Design Review 87-37, Conditional Use Permit 87-30 and Variance 87-06, satisfying all requirements of the California Environmental Quality Act. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986 was considered prior to approval of these projects. The City Council hereby finds' this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR, (particularly in the Traffic Analysis contained in Appendix 'G' of the Technical Appendices for said EIR, which' addressed a larger project than proposed), and an addendum to Final EIR 85-2 addressing light and glare, contained in Exhibit A, attached hereto and incorporated herein by reference. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated-into this project. The Final EIR, with addendum, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of CEQA. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures 2 3 4 5 Resolution No. 88-8 Page two are Identified as Conditions in Exhtbit B of Resolution No. 2465 approving Vesting Tentative Tract Map 13274 incorporated hereln by reference. 6 7 PASSED AND ADOPTED by the City Council of the regular meettng held on the _ ,, day of _ Ctty of Tustln at a , 198 . 10 11 12 13 14 15 16 201 21 MARY E. WYNN City Clerk RICHARD B. EDGAR Mayor 22 23 24 25 27 28 EXHIBIT A ADDENDUM TO EIR 85-2 FOR EAST TUSTIN SPECIFIC PLAN (STATE CLEARINGHOUSE #85052217) RESOLUTION NO. 88-8 February 1, 1988 ImlRaOUCTIO# C~a ~larch 17, 1986, the Tustin City Council certified as complete the East Tustin S~:ific Plan Final Environmental Impact Report 85-2 (EIR 85-2). EIR 85-2 addressed th6 pote. nt~'al environmental impacts associated with them- development of a +1,740-acre master plato, ned community proposed in the City of Tustin. EIR 85-2 was prep-~red as a program EIR in accordance with Section 15168 of the CEQA Guidelines. Pursuant to Section 1~I08(c) of the CEQA Guidelines, all "subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental d~ent must be prepared." In conformance with the provisions of CEQA, an addendum to EIR 85-2 covering Assessment District 85-1 was certified by the Tustin City Council on J~ly 21 PllgaSn6. Subsequently, a Supplemental EIR to EIR 85-2, covering the East Tustin SpecifiJ Development Agreement was certified by the Tustin City Council on October ~., 1986. Ia conformance with Section 15164 of the CEQA Guidelines, this document is an addendum t~ _EIR 85-2. An addendum can be prepared when changes are made to a proposed project a~r -uch changes do not create any new significant impacts, substantially worsen any s', 6icant impacts, or substantially lessen any significant impacts already addressed Sn the EIR prepared for the project. This is the case with the increase in light ~ture height for the proposed project. Per Section 15164 of the CEQA Guidelines, this ~dendum .will be attached to the certified final EIR 85-2 for consideration by the ~ision-making body in its review of proposed development on the Mixed Use site in the East Tustin Specific Plan (the "Tustin Market Place"). I~CT DESCRIPTION applicant for the "Tustin Market Place" has requested a variance to utilize ~igh-mast lighting fixtures to illuminate 60+ acres of parking lot (pursuant to the East Tmstin Specific Plan, light fixtures in th~-Mixed Use District (Sector 12) have a 35 height limit). Said light fixtures are proposed to be placed on a total of eight 90 foot high towers with a maximum of four (4) fixtures per side of each tower (10' )LO' square). The justifications for this proposal are summarized as follows' The ability to provide the high levels of illumination required of a major shopping mall while keeping the source brightness to acceptable levels is not practical at low mounting heights. (The high lighting level would require a bright-source, directly vi sible at the low mounting heights, even wi th sharp cut-off fixtures.) The desired method of providing high levels of illumination is directly from overhead, thus placing the source out of the area of visual use. Sharp cut-off lighting fixtures mounted at low levels even when closely spaced, leave considerable dark areas between cars and behind landscaping. The prevention of vandalism, theft, etc. is a major component in the elimination of dark areas to a minimum by providing vertical illumination of the area between cars, .etc. 'xhit' '- ~ ),eso', jn No. 88-8 ~ a.~Je two., Ttte reduction in source glare, high uniform lighting levels (in accordance with I..E'.S. standards) and the vertical illumination between objects leads to a more v4i~ible parking and walking area that substantially improves the safety of people Jim ~.elation to traffic concerns. l~he envJironmental impacts from incident light trespass from shielded lighting fixtures mounted~ above the thirty-five foot level is less than or equal to the thirty-five foot po,l~.~opp lighting method. The use of sharp cut-off lighting fixtures with visors aimed tot liibfiit the incident light to the property line will not have a significant impact when comll.a~: to the approved lighting criteria. Calculations have demonstrated that the abi;l'lfl~ to reduce spillover i s greater with high-mast lighting than low-mast due to the gr~ ability to focus the bulbs. This will result in a reduced impact on future e~es,i~lL~nts in the multiple family residence to the north of Bryan Avenue; Viewed from htil!l~iide residences, the two forms of lighting would, have a similar impact; that of a range;, iqluminated site. Lastly, the reflective quality of both systems off surfaces suc)l~a~ asphalt, cars, glass, leaves, etc. is the same. .. kt'T 'I~I. VES N~ Pro~ect- Under this alternative, the project would be illuminated with light ffi~tu~es at a maximum height of 35 feet. Spillover from this type of fixture would be g~a~' than the high-mast fixtures due to the inability to move and "focus" the fixture h~adt,, Shadow areas would also result, creating more opportunities for vandalism, theft, e.~c~.. Reducmi~ Height - Under this alternative, the light fixtures could be mounted above 35 f~ee~, but les~ than 90 feet. The benefits of high-mast lighting would diminish as ?,he f,~x~r~s were lowered below 90 feet, thereby necessitating more towers on which 'co mount, t4J~~[ Oil I4EASORES _ . l~.. Tile high-mast llght fixtures shall be turned off no later than one (1) hour after c;losing of the last tenant in either the hard or soft goods section of the project, S~ill lighting shall be controlled by optical, cut-off shielding, directional and vertical aiming methods. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lS 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 88-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING VESTING TENTATIVE TRACT MAP NO. 13274 The City Council of the City of Tustin does hereby resolve as follows: I · The City Council finds and determines as follows' A. That Vesting Tentative Tract Map No. 13274 was submitted to the Planning Commission by Donahue Schriber representing The Irvine Company for consideration. B. That a public hearing was duly called, noticed and held for said map.on January 11, 1988· C. That the Planning Commission forwarded to the City Council a recommendation to approve Vesting Tentative Tract Map No. 13274 by the adoption of Resolution No. 2465. De That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan a Program EIR-) and addendum have been certified in conformance~ with the requirements of the California Environmental Quality Act for the subject project area. E. That the proposed subdivision is in conformance with the Tustin Area General Plan', adopted East Tustin Specific P. lan, Development Agreement and Subdivision Map Act as it pertains to the development of Sector 12 {mixed use site). F. That the City has reviewed the status of the School Facilities Agreement between The Irvine Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Vesting Tentative Tract Map 13274 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed through the imposition of school facilities fees as a condition of approval of Vesting Tentative Tract Map 13274. G. That the site is physically suitable for the type of' development proposed. , H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 1 2 3 Resolution No. 88-9 Page two 4 I. That the design of the subdivision and the type of improvements 5 proposed will not conflict wtth easements acquired by the public-at-large, for access through or use of the property 6 within the proposed subdivision. 7 J. That the destgn of the subdivision or the types of Improvements proposed are not likely to cause serlous public health problems. 8 K. That pursuant to the East Tustin Specific Plan in conjunction wi th a subdi vi sion map creating bull dable parcel s for subsequent 9 development projects within the East Tustin Project Area a Sector Development Plan must be reviewed and approved by the 10 Planning Comtsston; and IIt Vesting Tentative Tract Map No. Ii II. The City Council hereby approves 12 13274 subject to the conditions contained in Exhibit B of Planning ~ Commission Resolution No. 2465, incorporated herein by reference. PASSED AND ADOPTEO at a regular meeting of the Tustin City Council held on I~ICHARD B. E'DGAR 18/ Mayor 19~ 2O 21 22 23 MARY ~. WYNN City Clerk 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THEPROGRAM' EIR. FOR VESTING TENTATIVE TRACT MAP 13274, DESIGN REVIEW 87-37, CUP 87-30 AND VARIANCE 87-06 WITH THE ADOPTION OF AN ADDENDUM TO SAID EIR AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustln does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A® Vesting Tentative Tract Map 13274, Design Review 87-.37, CUP 87-30 and Variance 87-06 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and. Be The projects are covered by a previously certified final environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tusttn Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 1986 was considered prior to.approval of these projects. The Planning Commission hereby finds' this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR, (particularly in the Traffic Analysis contained in Appendix 'G' of the Technical Appendices for said EIR, which addressed a larger project than proposed), and an addendum to Final EIR 85-2 addressing light and glare, contained in Exhibit A, attached hereto and incorporated herein by reference. All feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR, with addendum, is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of CEQA. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant" environmental effects thereof. The mitigation measures are identified as Conditions on Exhibits A, B and C of Resolution No. 2464 1 :2 3 Resolution 2463 page ~o 4 5 6 approving Design Revtew 87-37, CUP 87-30, Vartance 87-06 and Exhibit A of Resolution No. 2465 recommending approval of Yestfng Tentative Tract Hap 13274. PENNI FOLEY, II Secretary 13 14 1,5 IG 17 18 19 :20 :21 :22 ' 24 :25 26 27 '-28 PASSED AND ADOPTED by the Planning Commission of the City of Tusttn at a regular meting held on the //¥'~' day of ...C~~~- , 198,._~. I(ATHY WEI~/, Chairman EXHIBIT A DRAFT ADDENDUN TO EIR 85-2 FOR EAST TUSTIN SPECIFIC PLAN (STATE CLEARINGHOUSE t85052217) RESOLUTION NO. 2463 3anuary 11, 1987 ~ M~oJ~. 17, 1986, the Tusttn City Council certified as complete the East Tust1_n ~ecd~*i~: Plan Final Environmental ]:mpact Report 8tSh-: (E]:R 85-2). E:[R 85-2 addressed the ~tentli~l~ e"hvironmental impacts assoclated With ' development of a +1,740-acre master ]anne.~, ~ommunlty proposed in the Ctty of Tusttn. E:[R 85-2 was prepared as a program [R~ t~*~ accordance wtth Section 15168 of the CEQA Guidelines. Pursuant to Sectton $~18~.~) of the CEQA Guidelines, all "subsequent activities in the program must be xa~rl~ in light of the program E~[R to determine whether an additional environmental ocummt~must be prepared." [n conformance with the provisions of CEQA, an addendum to [R~ 8~ covertng Assessment Dtstrtct 85-1 was certified by the Tusttn City Council on u.]'.~ 2[~,., 1986. Subsequently, a Supplemental E:[R to E:[R 85-2, covering the East Tusttn pect~m. Plan Oevelopment Agreement was certified by the Tustin Ctty Counctl on October n~ o~cb~ance with Section 15164 of the CEQA Guidelines, thts document ts an addendum mET. ~-~2. An addendum can be prepared when changes are made to a proposed project nd:. ,.~ changes do not create any new significant impacts, substantially worsen any i'~j~riflc~nt tmpacts, or substantially lessen any significant tmpacts already addressed n; ttt~? EZR prepared for the project. This ts the case wtth the Increase tn light 'i~~ hietght for the proposed project. Per Section 15164 of the CEQA.Guideltnes, this .dd~ wtll be attached to the certified final E[R 85-2 for consideration by the '.ec.~Jo~maktng body tn 1ts revtew of proposed development on the Mixed Use stte tn the :as~.T~s~tn Spectftc Plan (the "Tusttn Market Place"). ,~ DESCRIPTION iii 'tte~ aILaq~cant for the "Tustin Market Place" has requested a variance to uttlt*ze ~tgyt.. ?flas~~ 11ghttng ffxtures to Illuminate 60+ acres of parking lot (pursuant to the East 'Us~~pectftc Plan, ltght fixtures in th~Mtxed Use Oistrtct (Sector 12) have a 35 ?oe~ h~tjht ltmtt). Said ltght fixtures are proposed to be placed on a total of eight 18~) 9~03fOot htgh towers with a maximum of four (4) fixtures per side of each tower (10' (~1]~' sgtuare). The justifications for thts proposal are summarized as follows' [.. Tltee~abtlity to provide the htgh levels of Illumination required of a major shopping mml~q while keeplng the source brightness to acceptable levels is not practical at lb,k' mounttng heights. (The high ltghttng level would require a bright-source, dt~ectly vtsible at the low mounttng heights, even with sharp cut-off fixtures.) ~L, Tire:-desired method of providing high levels of illumination is directly from ~erhead, thus placing the source out of the area of visual use. ~,~arp cut-off 11ghttng fixtures mounted at low levels even when closely spaced, lea~e considerable dark areas between cars and behind landscaping. The prevention of~ vandalism, theft, etc. is a major component in the elimination of dark areas to a~m~ntmum by providing verttcal illumination of the area between cars, etc. .. Ex~ f~i:t A Re ti on No. 2463 pa~j,. ¢~o The reduction In source glare, high uniform lighting levels (in accordance with ~'.£.S. standards) and the vertical illumination be~een objects leads to a more ~fstble parking and walking area that substantially improves the safety of people fin relation to traffic concerns. ~ e~v,tronmental impacts from incident light trespass from shielded lighting fixtures mean~ted above the thirty-five foot level is less than or equal to the thirty-five foot poT~.~r!" llghttng method. The use of sharp cut-off lighting fiXtures with visors aimed to~ T~nfl!t the incident light to the property line will not have a significant impact when caml)e~d to the approved lighting criteria. Calculations have demonstrated that the eb~Tfil~,~ to reduce sptllover is greater with high-mast lighting than low-mast due to the g~te~~ ability to focus the bulbs. This will result in a reduced impact on future r~dents in the multiple family residence to the north of Bryan Avenue. Viewed from hf~s~ide residences, the ~o forms of lighting would have a similar impact; that of a ?~,. illuminated site. Lastly, the reflective quality of both systems off surfaces ~ a~: asphalt, cars, glass, leaves, etc. is the same. t~ Prodect -Under this alternative, the project would be illuminated with light ~c~ 'at a maximum height of 35 feet. Sptllover from this type of fixture would be gm~~ than the high-mast fixtures due to the inability to move and "focus" the fixture ltea~lL. Shadow areas would also result, creating more opportunities, for vandalism, theft, e~.~ .~e~..He.ight - Under this alternative, the light fixtures could be mounted above 35 but ]ess than gO feet. The benefits of high-mast lighting would diminish as the fif~l:u?es were lowered below 90 feet, thereby necessitating more towers on which to mount N~ON MEASURES 1~. l!lie high-mast light fixtures shall be turned off no later than one (1) hour after closing of the last tenant in either the hard or soft goods section of the project. ~.. ~pill lighting shall be controlled by optical, cut-off shielding, directional and vertical ai mi ng methods. STATE OF CAL]:FORN]:A ) COUNTY OF ORANGE ) C]:TY OF TUST]:N ) ]:, PENN']: FOLEY, the undersigned, hereby certtfy that ]: am the Recording Secretary of the_Pl, annt_ng Commission of the Ctty of Tusttn, California; that Resolution No..~)</~. '_~ was duly passed and adopted at a regular meettng of the ~s. ttn Plann-tng Commission, held on the198 //~k. day of ~,,~.,~, , ,~ ~, ~ , PENN]: FOLEY Record1 ng Secretary 1 2 3 4 5 6 7 8 9 10 111 12i 13 14 15 16 17 18 19 20 21 25 27 28 RESOLUTION NO. 2464 · A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-37, CUP 87-30 AND VARIANCE 87-06 FOR A MIXED-USE COMMERCIAL DEVELOPMENT ON 78+ ACRES IN SECTOR 12 OF THE EAST TUSTIN SPECIFIC PLaN 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, CUP 87-30 and Variance 87-06), were filed by Donahue Schriber, representing The Irvine Company, requesting approval of: a 78+ acre mixed-use commercial center; a CUP for 13 towers greater than 50 feet in height; and Variances for 3 building elements higher than 35 feet within 300 feet of the centerline of Bryan Avenue and to place lighting fixtures higher than 35 feet above grade, pursuant to the East Tusttn Specific Plan. Be A public hearing was duly called, noticed and held on said applications on January 11, 1988. Ce Pursuant to. Section 9272 of the Tustln 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 thehein, 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. ® 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. . Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 1 3 4 5 6 ? $ 9 10 11 12 13 14 15 16 lS 19 20 21 112 113 25 26 27 Resolution No. 2464 Page two D® 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 nelghborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. Pursuant to Section 9292 of the Tusttn Municipal Code, the Commission makes the following findings on the proposed variance for portions of buildings greater than 35 feet within 300 feet of the center ltne of Bryan Avenue. 1. There are unusual and exceptional circumstances pertaining to the size and-location of the subject property which do not. pertain to other properties in this Specific Plan district in that the site's size and proximity to the I-5 Freeway have dictated a unique and distinctive design approach, which incorporates _these building · roof tower elements to minimize placement .of signs on building walls and more importantly, provide a focal point for the tenants which will be visible across much of the expansive project area. 2.. Said variance is necessary for the preservation of a substantial property right, which .right is enjoyed elsewhere on the project'site (on other parcels); in that the three (3) subject roof towers will provide the respective tenants with the same si gnage rights as will be enjoyed by other major tenants within the same project (on other parcels). 3. Granting of this variance will not be materially detrimental to surrounding properties in that the three {3) 50 foot high subject roof towers are located a minimum of 230 feet from the center line of Bryan Avenue, are separated by a minimum of 240 feet from each other, and will be screened by the landscape screening along Bryan Avenue. 4. That the granting of this variance is not contrary to the- provisions of the East Tustin Specific Plan; in that these three (3) 50 foot high roof towers are not immediately adjacent to Bryan Avenue, and would maintain architectural continuity, encouraged by said Specific Plan. 1 2 5 6 7 8 9 10 11 12! 13 14 15 16 17 18 19~ 20/ 21 22 23 24 25 27 28 Resolution No. 2464 Page three E. Pursuant to Section 9292 of the Tusttn Municipal Code, the Commission makes the following findings on the proposed variance for the placement of lighting fixtures greater than 35 feet above grade: [. There are unusual and exceptional circumstances pertaining to the size of the subject property which do not pertain to other commercial properties in this Specific Plan; in that there are no other commercial properties tn the Specific Plan which encompass the same amount of acreage as the subject, property, whose large size and resulting expansive parking areas would require a "forest" of 35 foot light poles which could result in significant, cumulative glare; whereas eight (8) 90 foot towers with focusable light · fixtures will minimize light sources, and shall be turned off within one (1) hour of closing of the last tenant in the respective section of the project. 2. Said variance is necessary for the preservation of a substantial property right, which right is enjoyed by other commercial properties in this Specific Plan; in that other commercial properties will be encouraged to minimize light sources to'reduce potential impacts associated with glare from parking lot light fixtures. 3. The granting of this variance will not be materially detrimental to surrounding properties in that the use of eight (8) light towers with. focusable light fixtures willm further reduce the potential of glare impact (by minimizing light sources) rather than hundreds of 35 foot light fixtures. 4. The granting of this variance is not contrary to the East Tusttn Specific Plan in that the use of the light towers will be more compatible with surrounding residential uses due to the minimization of light sources 'and resulting reduction in potential glare. F. Pursuant to Section 9291 of the Tustin Municipal Code, the Commission finds on the Conditional Use Permit for tower structures greater than 50 feet i n height, that the establishment, maintenance and operation of the proposed towers 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: .- 2 3 Resolution No. 2464 Page four 4 5 6 7 8 9 10 1. Said towers will provide much needed verticle relief to the project. 2. The 90 foot towers will allow for the concentration of parking lot lighting sources, thereby reducing potential glare. 3. The 70 foot towers will make a distinction between the entertainment center and the rest of the development. 4. Both the 90 and 70 foot sculptural towers will make a statement as to the uniqueness of the "Tustin Market Place". 11 5. Towers shall be designed and constructed to all applicable building codes to assure their structural integrity. G. Pursuant to the findings-contained in Resolution No. 131/ (incorporated' herein by reference)pertaining to the California Environmental Quality Act, the project is exempt from further 14 envtronmental documentati on. 1]~!! II. The Planning Commission hereby conditionally approves' A. Design Review 87-37, permitting the development of a 78+ acre mi xed-use commercial center, subject to the conditions con, al ned ; 17 in Exhibit "A , attached hereto and incorporated herein by reference. 18 B. Conditional Use 'Permit 87-30, permitting eight (8) 90 foot high 10 lighting towers for the parking areas of the hard and soft goods I ' sections of the project, and five (5) 70 foot towers to be 20 located in the "Grove" or entertainment center of the project, to exceed the 50 foot height limit set forth in the East Tustin 21 Specific Plan subject to the conditions contained in Exhibit "B", attached hereto and incorporated herein by reference. 22 C. Variance 87-06, permitting' 1) three (3) 50 foot high building 23 roof towers within 300 feet of the centerltne of Bryan avenue, and 2) the placement of 90 foot high parking lot lights for the 24 hard and soft goods sections of the project; which exceed the respective 35 foot height limits for each as set forth in the 27 28 1 2 3 4 5 Resolution No. 2464 Page fi ve East, Tust,tn Spectftc Plan, subject to the conditions contained tn Exhibit, "C", at,tached hereto and incorporat,ed heretn by reference. 6 7 8 9 10 13// Penni Fo ey Secretary 16~! PASSED AND ADOPTED.at a regular meeting of the Planning Commission, held on / ~ath~ We Chairman 2O 21 22 23 24 25 26 27 28 EXHIBIT A DESIGN REVIEW 87-37 CONDITIONS OF APPROVAL RESOLUTION NO. 2464 January 11, 1987 · GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project dated January 11, 1988 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 butldtn9 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 butldin9 permits t, for Phases l, il, and Il! are issued within thirty-six (36) months of the date on this Exhibit. (5) 1.4 Uses or activities requiring separate use permits pursuant to the provisions ** of the East Tusttn Specific Plan .and the Tusttn Municipal Code-(i.e., take out or drive-thru fact]tries, night 'c]ubs, service stations, etc.) shall obtain such prior to the issuance of building permits or certificates of occupancy for said Uses as applicable. - (3) (2) (3) (2) (3) (2) (3) PLAN SUBMITTA~L 2.1 At building plan check the applicant shall submit: 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. 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. C. 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. SOURCE CODE~ __ (1) STANDARD CONDITION (2) EIR HITIGATION (3) UNiFORH BUILDING CODE/S ~ DESIGN REVIEW EXCEPTION -(5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREHENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY xhib,. A esolutlon No. 2464 age l) £. 2> Tnformatton, plans and/or specifications to ensure satisfaction of all Publtc Works Department requirements including but not limited to conditions contained tn Resolution No. 2465. 6) 2) F. Information to ensure compliance with all requirements of the Orange 6) County Fire Chtef including required ftreflow and Installation, where required, of ftre hydrants subject to approval of the Ftre Department, Ctty of Tusttn Public Works Department and Irvtne Ranch Water Distrtct and compliance with all requirements pertaining to construction. 2.2 Applicant will be permitted to obtain butlding permits for Phase 1: construction prior to approval of Ftnal Flap [3274, provided all building code requirements have been met Including Publtc Works, Fire Department and Community Development Department requirements and approvals. (1) (4) SITE AND BUILDING CONDITIONS ~- ~ The architectural design materials and textures of all buildings for Phases I, II and III shall be in .substantial conformance with .that design indicated on the plans dated 11-11-87 Guidelines a~d the "Tustin Market Place Architectural"and all of the provisions contained therein as reviewed by the Planning Commission. All final building designs and details shall be subject to review and approval by the Director of Community Development. (4) 3.2 Building colors for Phases 1, II and III (base and accent) shall adhere to those "hues" displayed on the color board on file wi th the Community Development Department 'and displayed at the January 11, 1988 Planning Commission meeting. Final selection of a specific color within the permi.tted "hues" shall be the responsibility of the applicant; however, the Director of Community Development shall 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 master sign program shall be submitted for review and approval by the {3) Planning Commission prior to issuance of certificates of occupancy for Phase (4) 1. Said sign program shall address locations and sizes of' temporary (5) signage, permanent project identification signage {including entrance ** monolithes), tenant identification, building addresses, tenant directory signs and vehicle, bicycle and pedestrian directory signs. Said sign program shall also include a schedule of materials, colors, letter styles, methods of attachment/mounting and methods of illumination. Said sign program shall also be subject to review by the Tustin Police Department, Orange County Fire Department and Community Development Department., (4) 3.4 The proposed painted white aluminum sign panel for tenant signage shall be located behind the drip-line of the buildings. ibit A three No. 2464 3,$ The site plan shall be revised to reflect all changes required herein, by Resolution No. 2465 or by. the Planning Commission; including but not limited to: widening E1 Camino Real to a 90' right-of-way where applicable, widening the Bryan Avenue landscape strip to 30', widening the Myford Road right-of-way for the overpass where applicable and the dimension of the outer loop drive shall be Corrected to reflect the actual width of 28'. 3.6 Indicate the location of all refuse enclosures on the site plan. Such shall conform to the design details contained in the "Tustin Market Place Archi tectura 1 Gui del i nes". 3.? A1! exposed window frames shall be of a color compatible with the base color of the building subject to review and approval of the Department of Community Development. 3.8 All truck doors and man doors at rear or 'sides of buildings 'shall be painted .){5) *~ to match the base color of the buildings. : All electrical transformers shall be located at the'rear of buildings and i.~(5) .~ shall be screened with landscaping where necessary. All mechanical and' electrical equipment shall be adequately screened. All parapets shall be at least six inches above roof top.equipment. 3.10 No exterior components of plumbing, drainage or mechanical systems shall be exposed on any building wall. Overflow pipes that empty above grade are permitted so long as drain pipe is concealed inside building and only the end of the pipe through the wall is visible. 3.11 All roof-mounted equipment shall be screened by the building parapet; no separate "top hat" roof screen enclosures shall be permitted, pursuant to the typical detail contained in the "Tustin Market Place Architectural Guidelines". 3.12 All merchandise loading or delivery activities shall occur at the rear or sides of buildings, shielded from public view wherever possible. "Front door loading" shall be prohibited. 3~.13 All customer pick-up and loading areas shall be located and designed so as to avoid conflicting with vehiclular and pedestrian circulation and to be aesthetically attractive subject to final approval of Community Development Department. ~ Vehicular directional arrows for all streets and roadways in the project shall be provided pursuant to the standards and requirements of the Public Works ** Department. :).15 No outdoo'r storage or open pallet storage shall be permitted on the site. Any_ pallet storage areas shall be completely screened by an enclosure. :).16 No corrugated roll-up doors shall be permitted at any front elevation of a bui 1 ding. R~,, .:ioh No. 2464 Ex, ii bi,l= A ~mgm flour (!4t)) ~z7 Shopping cart storage areas shall be provided inslde any proposed building and specific outdoor areas, where appropriate, provided for temporary cart storage. Such outdoor areas shall be readily accessible to major parking areas with actual design and location subject to review and approval of the Department of Community Development. ((4~)) ~.Z8 Provide pedestrian canopies compatible with building architecture for all major tenant storefronts. In the hard goods section, pedestrian canopies for major tenants do not necessarily have to connect with canopies provided for smaller tenants. Areas under canopies for smaller tenants in the hardgoods section shall be a minimum of two feet of pedestrian area clear of obstruction. Plans for said canopies shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for Phase I. (!4~)) 3~19 Space frame structures or devices which are exposed and/or visible outside of the building dripline shall be prohibited. (!1!i 1.20 The site plan shall be submitted to the Orange County Transit District for ((~)Jt~'J' review and incorporation of any required bus terminus turnouts and subject to ((~)) *~* .approval of City Engineer as to need and location. ((~))" ~21-Provide detail for all on-site walls. Show type of wall cap and type of color ((4~)) ,m~ and exterior materials which shall be consistent with main building materials. UANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS ii (~7)) 4~.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted Landscaping and Irrigation Submittal Requirements and the submitted concept landcaping plan on file with the Community Development Department and dated January 11, 1988. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table shall list botantical and common names, sizes, spacing, actual location and quantity 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 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 coverage of landscaping irrigation materials is subject to field inspection at project completio.n by the Department of Community Development. These plans shall also identify the type and location of all public amenities (refuse containers, benches, fountains, bicycle racks, kiosks, etc.) paving materials and treatments for parking lots, sidewalks; crosswalks, etc. and other miscellaneous hardscape items. £xh .t A Resolution No. 2464. Page five (4) 4.2 The use of decorative paving techinques such as colored surfacing is ** encouraged on roadways and particularly along walkways. (4) 4.3 Provide detailed surfacing, color and texture information on the Auto Square ** and address and resolve maintenance concerns subject to review and approval of the Department of Community Development. (7) 4.4 The submitted landscaping plans at plan check shall reflect the following requi remen.ts. 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 .! gallon plant sizes are used the spacing may vary according to ma teri al s used. De 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. £. 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. Fe 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. (1) 4.5 Provide details on lighting scheme for project (including pedestrian and security li'ght'ing). Note final locations of all exterior lights and types of (4) fixtures. Lights to be installed shall have a decorative design. No lights 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 Community Development Director and of the Tustin Police Department. EXHIBIT .B RESOLUTION NO. 2464 CONDITIONS OF .APPROVAL FOR CONDZTIONAL USE PERHZT NO. 87-30 ** 1. Compliance wlth ail cond11;lons contained In Secl;lons ]. ~nd Z on Exl~1b11: ^ ol= Resolution No. 2464. ** 2. A maxtmum of eight (8), towers not to exceed 90 feet tn height, shall be permitted tn the parktng lots of the hard and soft goods secttons of the project. ** 3. A maximum of five (5), towers not to exceed 70 feet in height shall be permitted in the "Grove" or entertainment village of the project. ** 4. The locations of all 13 towers shall be substantially the same as shown on the submitted site plan dated November 11, 1987. Minor adjustments may be made subject to the approval of the Director of Community Development. ** 5. The color of said towers shall be an off-white. '. .*** 6. A blue gas light laser shall be permitted at the top of the four (4) towers located at the corners of the "Grove", and may connect said four (4) towers to "outline" this section of the project. EXHZBZT C RESOLUTZON NO. 2464 CONDTTZONS OF APPROVAL FOR YARIANCE 87-06 GENERAL (1) 2.2 3.2 3.3 3.4 Compliance with all conditions contained in Sections 1 and 2 on Exhibit A of Resolution No. 2464. BUILDING ROOF TOWERS A maximum of three (3) building roof tower elements, as illustrated on the elevations contained in the submitted plans dated January 11, 1988, shall be permitted to a maximum height of 50 feet above grade within 300 feet of the centerline of Bryan Avenue. The location and dimension of said towers shall be substantially the same as shown on the site plan, dated January 11, 1988. Minor modifications *may be permitted subject to the approval of the Director of Community Development. L I GHT F I XTURES Parking .lot light fixtures (focusable sport f~oods) shall be permitted to be installed at the top of the eight {8), 90 foot high towers located in the parking lot of the hard and soft goods sections of the project. Said lights shall be turned off no later than one (1) hour after closing of the last business in either the hard or soft goods sections of the project. The applicant shall submit a plan to provide security lighting in said parking areas following the shut-off of the tower lighting prior to issuance of building permits for Phase I. Spill lighting shall be controlled by optical cut-off shielding, di recti onal and vertical ai mi ng methods. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTItJ ) [, PENNI FOLEY, the undersigned, hereby certtfy that ! am the Recording Secretary of the Planning Commission of the City of Tusttn, California; that Resolution No. ~~ was duly passed and adopted at a ~gular ~ettng of the Tusttn Plann~fig CO~tsston, held on the //~ day of ~..~,,~.~/~ , Record1 ng Secretar7 $ 9 10 11 13 14 15 16 17 19 21 23 2~ 25 26 27 2~ RESOLUTION NO. 2465 · A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING A SECTOR CONCEPT PLAN FOR SECTOR 12 OF THE EAST TUSTIN SPECIFIC PLAN AND RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13274 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows' A. That Vesting Tentative Tract Map No. 13274 was submitted to the Planning Commission by Donahue Schriber representing The Irvine Company for consideration. B. That a public hearing was duly called, noticed and held for said map on January 11, 1988. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan a Program EIR) and addendum have been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Speci fic Plan, Development Agreement and Subdivision Map Act as it pertains to the development of Sector 12 (mixed use site). E. That the City has reviewed the status of the School Facilities Agreement between The Irvine ·Company and the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Vesting Tentative Tract Map 13274 on School District facilities, and reviewed changes in State law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed through the imposition of school facilities fees as a condition of approval of Vesting Tentative Tract Map 13274. F. That the site is physically suitable for the type of development proposed. G. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. H. That the design of the subdivision and the type of improvements proposed will not conflict wi th easements acquired by the public-at-large, for access through or use of the property within the proposed subdivision. '1 2 3 Resolutlon No. 2465 Page two 5 6 7 8 9 10 11 .12 13 14 15 10 17 18 19 2O 21 22 23 24 25 26 27 28 I. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. Ke II. That pursuant to the East Tustin Specific Plan in conjunction with a subdivision map creating buildable parcels for subsequent development projects within the East Tustin Project Area a Sector Development Plan must be reviewed and approved by the Planning Comission; and That in conjunction with Tentative Tract Map No. 13274 a Sector Development Plan for Sector 12 of the East Tustin Specific Plan has been submitted for review and approval; and L. That the subject. Sector Concept Plan includes all required information. The Planning Commission 'hereby app6oves a Sector Concept Plan for Sector 12 of the East Tustin Specific Plan subject to conditions attached hereto as Exhibit A and recommends to the City Council approval of Vesting Tentative Tract Map No. 13274-subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED at a re_gu_lair meeting of the Tustin Planning Commission, held on the ///'/'~ day of C-~-~~~ , 1988. Chairman ~~_~' ~ ~ Penni Foley, Secretary EXHIBIT A SECTOR CONCEPT PLAN CONDITIONS OF APPROVAL SECTOR 12 1. Any subsequent submtt, tals shall subst, antt ally confor'm w~th the Sect. or' Concept Plan subnritted and on f~le w~th the Depar'tment of Commun~:y Development unless her'ein modified or' upon appl~cat!on and Planning Commission appr'oval of a r'equest for' mod1 ft cat1 on. 2. Any subsequent development submittals for' Par'cel B shall take tnto conslder'atton the possible need for' a postal facility. $tte Plan and Destgn Revtew appr'oval sha~l be r'equtr'ed prior' to development of any par'cel sho~n on the Sector' Concept Plan. EXHIBIT B VESTING :TENTATIVE TRACT 'FLAP 132'/4 RESOLUTION NO. 2465 CONDITIONS OF' APPROVAL. DONAHUE SCHRIBER January 11, 1988 1. PUBLIC/PRIVATE INFRASTRUCTURE IHPROVEIqEN'rs~ __J (1) 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for' and (2) construct or post security guaranteeing construction of all public and/or (3) private, infrastructure improvements within the boundary of said tract map in (6) conformance with applicable City standards, including but not limited to the following: (1) (6) A. Curb and gutter/cross gutters B. Sidewalks inc]uding access faci]ities for physical]y handicapped persons C. Drive aprons/approach D. Street pavtng E. Street signing and striping F Landscaping/irrigation facl]ities G. Sanitary sewer service facilities to serve each but]dable lot with an t ndi vi dua] servt ce H. Domestic water service facilities to serve each butldabl-e lot with an t ndt vi dual servt ce I. Reclaimed water service facilities J. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street lighting M. Storm drat ns and subdrat ns N. Undergroundtng of existing and proposed utility distribution lines O. Lot monumentatton P. Ftre hydrants Q. Bus turnouts and other fact]ttfes such as bus benches in accordance with Orange County Transtt Turnout Destgn Guidelines, subject to approval of City Engineer as to need and ]ocatton. Approval from the Department of Community Oevelopment sha]l also be required on the actual architectural destgn on any Installed bus stop Improvement. The amount of acceptab]e securtty for construction of public improvements shall be reviewed and approved by the Pub]tc Work Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Bui]dlng Offtcta]. ~DES_ (1 STANDARD CONDITION (2) EIR MITIGATION '(3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTION (S) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY (9) OTHER HUNICIPAL CODE REQUIREMENT ~esol,~-~on No. 2465 *'xhi 3 :>age TWO 1o2 All construction within a public right-of-way and/or public easement shall be shown on a separate 24" X 36" plan with all' construction referenced to applicable City, County. or Irvine Ranch Water District standard drawing numbers. 1.3 All changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. 1.4 Preparation of plans for and construction of: A. 'All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. B. A domestic water system shall be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated.. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvtne Ranch Water District. L5 Proposed public streets shall be designed to the following specifications: A All proposed streets shall be designed in substantially the same width and alignment as shown on the approved tentative map unless modified and approv&d by the Directors of-Community Development and Public Works. B. All public streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. C. Placement of all above ground facilities, such as signing, street lights, fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. D. All public streets within or bordering this subdivision shall have all on-street parking prohibited. L6 Any private streets, storm'drain, water & sewer improvement plans shall comply with the "City of Tustin" Minimum Design Standards for on-site Private Street and Storm Drain Improvments. L7 Preparation' of a hydrology and hydraulic study of the tributary area impacting - the proposed development shall be prepared and submitted. Preparation of plans for and construction of all storm drain facilities as required by-the City Engineer, Orange County EMA and Caltrans when applicable and pertaining to their facilities shall also be submitted. All such studies and plans shall be reviewed and approved by the appropriate responsible agency prior to _. ~eso' :on No. 2465 -"xhi ,, B ?age three approval of the Flnal Map. ~DE:D]:CAT]:ONS/R£S£RYATIOIlS/£ASEIqEk'I'_ S_ C1~) ~.1 The subdivider shall satisfy dedication and/or reservation requirements as {Z) applicable, including but not limited to dedication of all required street and {5) flood control right-of-way easements, sewer easements and water easements {6) defined and approved as to specific location by the City Engineer and other (:87 responsible agencies. ~ A. All public streets requiring additional roadway dedication shall be so (6)(2) dedicated to the satisfaction of the City Engineer. These streets may (~) include but not be limited to Tusttn Ranch Road, Bryan Avenue, Jamboree Road, E1 Camtno Real and Myford Road. All such dedications shall be shown on the final map. ~ B. Reciprocal access (vehicular, parking and pedestrian) easements between (6) all lots created by Tract 13274 shall be noted on any final map. A separate document establishing such reciprocity shall be recorded and provided to the City prior to approval of the Final Map. (I)(6) C. The Browning Corridor Aviation Easement and the Ground Control Approach (~) Easement as outlined in the M. O. U. dated July, 1985 between U. S. M. C., City of Irvine and the City of Tustin, shall be delineated on the Fi hal Tract Map. ~ D. Execute an irrevocable offer of dedication for that portion of Myford ¢2)(5)(6) Road between E1 Camtno Real and the Santa Ana (I-S) Freeway prior to issuance of building permits for Phase I and/or approval of the Final Map. ~ E. Dedication of all vehicular access rights to Tustin Ranch Road, Bryan {2)(5)(6) Avenue, Jamboree Road, E1 Camino Real and Myford Road except at designated driveway openings as specifically approved by the City Engineer shall be noted on the Final Map. ~ F. The boundaries of lots 12 and 23 shall be adjusted to clear the 40 foot {~)) wide storm drain easement prior to issuance of building permits for Phase I, unless building footprints are outside of said easement, in which case these adjustments shall be made prior to approval of the Final Map. ~ G. Verification by Caltrans that lots 25 and 27 provide adequate {2)~) right-of-way for the planned widening of' the Santa Ana Freeway adjacent to those lots is required prior to issuance of building permits for Phase I. Any necessary dedications required by Caltrans shall be shown on the final map.. Re ',ltton No. 2465 Ex it B Page four 3. CONSTRUCTION ACTI¥ITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the Final map, subdivider shall post with the (2) Community Development Department a minimum $2,000 cash deposit or letter of (6) credit to guarantee the sweeping of streets and cleanup of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and utilities shall be (6) repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit shall be obtained and applicable fees paid to the Public Works Department. 4. GRADING/GENERAL (1~ 4.1 Prior to issuance of grading permits: (6) A. A detailed soil engineering report shall be submitted to and'approved by the Building Official, conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable state and local laws, regulations and requirements.. Be Preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following i nformati on i s requi red: ® ® 0 Methods of drainage in accordance with all applicable City standards. All recommendations submitted by geotechnical or soil engineer and specifically approved by them. Compliance with conceptual grading shown on tentative tract map. A drainage plan and necessary support documents such as hydrology calculations to comply with the following requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. b. Elimination of any sheet flow and ponding. c. Provision-of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for contributory drainage from adjoining properties. All flood hazard areas of record. sol[' ~ No. 2465 htbt'~ ,, ge ftve . 6. A note shall be placed on the grading plan' requlring Community Development Department approval of rough grading prior to final clearance for foundations. The Department wtll inspect the site for accuracy of elevations, slope gradients, etc. and may require · certification of any grading related matter. 7. Note on .plans that a qualified paleontologist/archealogist, as appropriate, shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of. Community Development. The paleontologist/archealogist that this shall attend the pregrade construction meeting to ensure.find.' condition and necessary procedures in the event of a are explained. 8. Final street elevations at key locations. 9. Final pad or fin.ish floor elevations, as applicable, and key elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. C. Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. D. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. E. Written approval must be obtained from adjacent property owners for rights-of-entry for constuction activity across lot lines. 4.2 All earthwork shall be performed in accordance with the City of Tustin Municipal Codes and grading requirements. S. ~ DEPARTIqE#T (IL)) 5,1 The subdivider shall comply with all requirements of the Orange County Fire (,.5~) Marshall, including required fire flow, installation where required of fire (2~,)) hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining to construction. (!~), ! Prior to issuance of building permits for combustible construction, evidence (6) that adequate water supply and operational fire hydrants are available for {,~)) ' fire protection shall be submitted and approved by the Orange County Fire Marshall. The subdivider shall also submit water improvement plans for approval of Fire Marshal. :esoT' '*on No. 2465 ',[~)i 6~1t All construction operations Including engine warm up shall be subject to the ~)} provisions of the City of Tusttn 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. {1')), 77.[1 Prior to approval of the final map, all organizational documents for the (3)) project including any deed restrictions, covenants, conditions, and (,8~) restrictions shall be submitted to and approved by the Community Development (~) Department and City Attorney's Office. Costs for such review shall be borne "by the subdivider. A copy of the final documents shall be submitted to the " Community Development Department after their recordation. In the event of the sale of any of the lots within Tract 13274, CC&R's shall be prepared and recorded ahd shall include but not be limited to the following provisions: A. The City shall be included as a party to the' CCR's for enforcement purposes. However, the City shall not be obligated to enforce the CCR ' s. B. Provision for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaping, common areas, walks and fences through a merchant's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls as submitted to the City and titled "Tustin Market Place Architectural Guidelines". D. Landscaping, including vegetation, irrigation systems, earth mounding and hardscape shall be installed as provided in the Development Plan and shall be permanently maintained in good, first-class condition; healthy, without deterioration; and free of waste and debris. City shall have the right to remedy any default and enter property and be reimbursed for the cost of such remedy. The Merchant's Association shall be responsible for maintenance of all landscaping with the exception of any Assessment District lots. E. Declarant, the Association, and all Owner(s) shall be required to maintain the property in good and first-class condition, and in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that · esol ,n No. 2465 xhib~. ~ age seven such a condition of deterioration or disrepair causes harm or is materially detrimental to property or improvements w~th~n one thousand (1,000) feet of the property. F. Non-automotive vehicles, boats, trailers, or non-automotive storage shall not be allowed tn any parking, driveway or prtvate street area. G. Any construction 'repatr, modification, or alteration of any butldlngs, equipment, structures, or Improvements on the property subject to a butldtng permtt shall be subject to the approval of the Merchant's Association and the City of Tusttn Community Oevelopment Department prtor to butlding permtt Issuance. H, All uttltty servtces servtng the site shall be Installed and matntat ned underground. I. The declarant, the Association, and all Owner(s) shall be requtred to ftle the names, addresses, and telephone numbers of each member of the Association Board and/or the l~anager for the project before ~anuary 1st of each year wi th the Ctty of Tusttn Community Development Department. J. No amendments to a6y CC & R's filed in conjunction with this project or development plan as it affects the items noted above shall be recorded without the prior approval of the City of Tusttn Community Oevelopment Department. 8. TENAnT/BUYER IIOT!FICAT!OM (1) 8.1 Subdivider shall notify all potential tenants and lot buyers of the following (6) Assessment/Mai ntenance Di stri cts- A. East Tustin .Assessment District 85-1. B. City of Tustin 1982 Landscaping and Lighting District. C. Any future proposed East Tustin Assessment District impacting the subject subdi vi si on. 9. FEES (1) 9.1 Prior to recordation of any Final Map, Subdivider shall pay plan check and (3) inspection fees for all' public and/or private infrastructure improvements (6) within City's responsibility excluding those financed by an Assessment (g) District. (1) 9.2 Prior to issuance of certificates of Use or occupancy, the Subdivider shall (6) pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. ~sol' 'n No. 2465 xhJb. . age eight 1) 9.3 Prior to. issuance of any building permits for Phase I, II or III, payment shall be made of all required fees (per respective Phase) including: 3) e) A. Major thoroughfare and bridge fees pertaining to the Eastern/Foothill Transportation Corridors to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck 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 subject to any agreement reached and executed between the District and the Irvlne Company. G. Payment of all Assessment District No. 85-1 reapportionment costs or any future East Tustin Assessment Districts impacting the subject subdivision (as applicable) prior to recordation of Final Map will be required. Reappor. tionment includes recalculation from current acreage assessment to individual lot assessments. LO. t~c.£RAL (1) 10.1 Within twenty-four months from Tentative Tract Map approval, the Subdivider shall file with appropriate agencies, a Final Map prepared' in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of units for Phase I, the Subdivider shall record a final map in conformance with appropriate tentative map. {1} 10.3 Prior to Final Map approval. A. Subdivider shall submit a current title report. *~ 10.4 All on-going landscaping maintenance within the median islands along E1 Camino Real shall be the responsibility of the developer. . (1) 10.$ Subdivider shall conform to all applicable requirements of the State (9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin {5) Specifc Plan and Development Agreement and EIR 85-2. (1) Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ! PEHHI FOLEY the undersigned hereby certtfy ~at ! am the Recording · of th~ Plannt__ng Commtsst'on of the Ctty of Tusttn, California; that Secretary f, Resolution No. ~/~,'~ was duly passed andT~opted at?~-~regular meettng o the TJ~lsttn Planning commtS~ton, held on the // day of ~.,,?:zz.~_.L~/_ ,,~.~IH I FOLEY Recordtng Secreta~