HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 03-05-84 TUSTIN PLANNING COltqISSIC'
A~ION AGENDA FOR REGULAR MEETIN~
February 27, 1984 7:30 p.m.
REPORTS
NO. !
3-5-84
CALL TO ORDER
7:30 P.M., CITY COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
AINSLIE, PUCKETT, WEIL, WHITE, SHARP
Ainslte absent
APPROVAL OF MINUll~S
For Meetings Held January 23, 1984 and
February 13, 1984
Approved as submitted.
PUBLIC CONCERNS
(limited to 3 minutes per person for
items not on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION
ON A SUBJECT, PLEASE FILL OUT THE CARDS
LOCATED ON THE SPEAKER'S TABLE. ALSO,
PLEASE GIVE YOUR FULL NAME AND ADDRESS
FOR THE RECORD
None.
CONSENT CALENDAR
ALL MATTERS LISTED UNDER CONSENT
CALENDAR ARE CONSIDERED ROUTINE AND WILL
BE ENACTED BY ONE MOTION. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS
PRIOR TO THE TIME OF THE VOTING ON THE
MOTION UNLESS MEMBERS OF THE COMMISSION,
STAFF OR PUBLIC REQUEST SPECIFIC ITEMS
TO BE DISCUSSED AND/OR REMOVED FROM THE
CONSENT CALENDAR FOR SEPARATE ACTION.
1. Resolution No. 2138 - Amendment No. 1 to Use Permit 82-16
Communicom - 580 W. Sixth Street, Tustin Boys Club
2. Resolution No. 2144 - Use Permit 84-1
14311 Newport Avenue and 17361 McFadden Avenue
Approved, 4-0.
PUBLIC HEARINGS
1. AMENDMENT NO. 1 TO USE PERMIT 79-14 & TENTATIVE TRACT NO. 12138
Appplicant: Stuard and Hamala, Inc.
Location: 2681 Dow Avenue - Tustin/Irvine Industrial Complex
Request: Authorization to subdivide an existing single-lot industrial
condominium into two (2) lots. Lot 1 will remain as industrial condominiums
and Lot 2 is proposed for a single industrial user.
Approved,
Planning Commiss~
February 27, 1984
Page 2
Agenda
2. USE PERMIT 84-2
Applicant: Corniche Development Corporation
Location: Northeasterly corner of Seventeenth Street and Yorba Street
Request: Authorization to develop a two-story office building of 20,000
square feet in the Planned Community-Commercial District
Approved, 4-0.
3. USE PERMIT 84-3
Applicant: Maurice Lebanoff
Location: 17292 McFadden Avenue, Suite C
Request: Authorization to operate a video game arcade with thirty (30)
machines in conjunction with an existing restaurant
Approved, 4-0, with amendments and recommendations as presented by the
Community Oevelopment Oirector.
4. USE PERMIT 84-4
Applicant: Kincannon Architects on behalf of William Denny
Location: 1252 Irvlne Boulevard
Request: Authorization to convert an existing single-family dwelling to an
office use and construct an additional 13,295 square feet of
medical and office space
Approved, 4-0, with amendments as requested by the Planning Commission.
5. USE PERMIT 84-5
Applicant: Robert P. Warmington Co.
Location: 14881 Newport Avenue (southerly terminus of Newport Avenue)
Request: Authorization to develop a 156-unit residential condominium project
and to vary from open space provisions of the Planned Development
District
Approved, 4-0, with amendments as requested by the Planning Commission.
ADI~INISllU~TIVE ~I'[ERS
1. Old Business
None.
2. New Business
a. Final Tract Map 11752 - 1971Ren Circle
4-0, recommend approval to the City Council.
Planning Commi ssi
February 12, 1984
Page 3
Ac~ion Agenda
STAFF CONCERNS
1. Report on Council Actions - February 21, 1984
Received and filed.
2. Orange County Transportation Commission Presentation
Received and filed.
COYNISSIO# CONCERNS
ADJOURI4E#T: At 9:23 p.m. to next regular meeting on March 12, 1984
MINUTES OF A REGULAR BICETING
OF TFI£ PLANNZNG COI~NI$SION
OF TH£ CITY OF TUSTIN, CALIFORNIA
January 23, 1984
The meeting was called to order by Chairman Sharp at 7:31 p.m. in the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Con~ntssioner White and the Invocation was given by
Commissioner Puckett.
ROLL CALL
Commissioners
Present:
Commissioners
Absent:
Also present:
James B. Sharp, Chai'rman
Ronald White, Chairman Pro Tem
Mark Ainslte
Charles Puckett
Kathy Well
None
Donald D. Lamm, Director of Community Development
Alan Warren, Senior Planner
Jeff Davis, Assistant Planner
Suzanne Atktns, Deputy City Attorney
MI#~$
It was moved by Weil, seconded by Puckett, to approve the minutes of the
regular meeting held January g, 1984 as submitted. Motion carried, 5-0.
PUBL%C CONCERNS
None.
COIIS£NT CALENDAR
i. Resolution No. 2133 - Use Permit 83-25: 1331 Garland Avenue
Moved by Puckett, seconded by Well, adoption of the Consent Calendar.
Motion carried, 5-0.
CONTINUED PUBLIC HEARINGS
1. ZONING ORDINANCE AMENDMENT NO. 83-4
Applicant:
Request:
City of Tustin
Various changes to sections of the Zoning Ordinance (Tustin
City Code) concerning Multiple-Family Residential Development
standards for new construction
After presentation of the staff report by Donald Lamm, Chairman Sharp
re-opened the public hearing at 7:41 p.m. Seeing no one wishing to speak,
Chairman Sharp closed the public hearing at 7:42 p.m.
The Commission discussed the proposed requirement of one (1) guest parking
for each four units and the requirements for covered and open parking
spaces. It was moved by Atnslie, seconded b~ Puckett, to recommend
approval of Zoning Ordinance Amendment No. 83-4 with the following changes:
1. One (1) open guest parking space to be provided for each five (5)
units;
2. One (1) open parking space and one (1) covered space for each unit
in the PD district;
3. One (1) open parking space and one (1) covered space for each unit
unit in the R-3 District;
3. Two (2) covered parking spaces provided for each unit in the R-4
district
Commissioner White expressed opposition to the amendment requiring one open
guest parking space for each five units instead of the proposed one space
for each four units. After further Commission discussion, the maker of the
motion and second agreed to amend the motion to require t~o (2) covered
parking spaces in the PD district. Motion carried, 4-1, White opposed.
Planning Commission Minutes
3anuary 23, 1984
Page 2
PUBLIC REARINGS
USE PERMIT 84-1
Applicant:
Location:
Request:
Shelton Construction Company
[4311 Newport Avenue and 17361 McFadden Avenue
Authorization to construct a pahking lot on anR-3 District lot
and to vary from the arterial highway setback requirements and
parking standards of the City to develop a 6,800 square foot
retail commercial center
The staff report was presented by Alan Warren, Senior Planner.
Commissioner White expressed concerns about the ultimate right-of-way and
what affect widening:of the street would have on the project. In response
to Commissioner Ainslie, Mr. Warren replied that the City Engineer had
reviewed the plans.
Chairman Sharp opened the public hearing at 8:00 p.m. The following person
spoke in opposition ~o the project:
Wanda O'Oe11, 1734[ McFadden Avenue, expressed concerns about traffic
circulation.
Seeing no one else wishing to speak, Chairman Sharp closed the publtc
hearing at 8:04 p.m.
After further Commission discussion regarding on-stte circulation and
access to the proposed center, it was moved by Wetl, seconded by Atnslte to
continue the public hearing to the next regularly scheduled meeting and
direct staff to request comments and recommendations from the City
Engineer..Motion carried, 5-0.
2. AMENDMENT NO. [ TO USE PERMIT 82-[6
Applicant:
Location:
Request:
Communtcom, Inc.
580 W. Sixth Street, Tusttn Boys Club
Authorization to install a second receiving earth station and
relocate an existing one on top of the Tustin Boy's Club
building for cable television purposes
Alan Warren presented staff's report and recommendation to receive and file
the report and continue the hearing to the next regularly scheduled
meeting.
It was moved by Well, seconded by Puckett, to continue item to the next
regularly scheduled meeting. Motion carried, 5-0.
ADMIMISTRATIY£ MATTERS
1. Old Business
A. Design Review
[4772 Plaza Drive - Lewis Properties
It was moved by White, seconded by Well, to receive and file staff's
report. In response to a question from Commissioner Well, the applicant's
architect replied that the paint to be used on the metal roof was very
durable. Motion carried, 5-0.
2. New Business
A. Design Review
15501 Red Hill Avenue - Industrial Building
After Commission discussion regarding landscaping, it. was moved by White,
seconded by Wetl, to receive and file staff's report and direct staff to
work with the developer to provide landscaping consistent with that of
other projects in the area. Motion carried, 5-0.
Planning Commission Minutes
January 23, 1984
Page 3
B. Design Review
Tustin Commercenter, .Phase III
Northwest corner of Holt Ave. and Irvine Blvd.
It was moved by Puckett, seconded by White, to receive and file staff's
report. Motion carried, 5-0.
C. Design Review
1382 Bell Avenue
It was moved by White, seconded by Wetl, to receive and file staff's
report. Motion carried, 6-0.
ST~ CO#C~R#S
Departmental Status Report
Received and filed by informal unanimous consent.
2. Report on Council Actions - January 16, 1984
Received and filed by informal unanimous consent.
COPIqISSlON CONCERNS
Commissioner Ainslie asked if any section of the City Code regulated the
number of similar businesses which could be allowed in shopping centers.
Donald Lamm replied that it did not as such a regulation would constitute
restriction of trade.
Commissioner White expressed concern about establishment of potential
non-conforming uses. Chairman Sharp directed staff to research and respond
to Commissioner Whtte's concerhs.
Commissioner White encouraged design review by the Planning Commission.
Chairman Sharp noted the Commission's one-year anniversary and asked if the
members wished to re-organize. By unanimous informal consent the
Commission agreed to postpone re-organization until July, 1984.
AD~OUP, NI4ENT:
At 9:23 p.m. to the Irvine Conqoany Agricultural Headquarters
on February 4, 1984 and thence to the next regular meeting on
~ebruary 13, 1984.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
MZNUTES OF A REGULAR ~ETZNG
OF THE PLANNING COIIIISSION
OF THE CITY OF TUSTIN, CALIFORNIA
February 13, 1984
The meeting was called to order by Chairman Sharp at 7:33 p.m. in the
Council Chambers, 300 Centennial Way, Tusttn, California. The Pledge of
Allegiance was led by Commissioner White and the Invocation was given by
Commissioner Puckett.
ROLL CALL
Commissioners
Present:
Commissioners
Absent:
Also present:
James B. Sharp, Chairman
Ronald White, Chairman Pro Tem
Mark Ainslie
Charles Puckett
Kathy Well
None
Donald D. Lamm, Director of Community Development
Alan Warren, Senior Planner
Suzanne Atkins, Deputy City Attorney
Janet.Hester, Recording Secretary
MIII~S
Minutes for the meeting of January 23, 1984 scheduled for presentation at
the February 27, 1984 meeting.
PUBLIC CONCERNS
Hone.
CONSENT CALENDAR
Hone.
CONTINUED PUBLIC HEARINGS
1. USE PERMIT NO. 84-1
Applicant:
Location:
Request:
Shelton Construction Company
14311 Newport Avenue and 17361 McFadden Avenue
Authorization to construct a parking lot on an R-3 District lot
and to vary from the arterial highway setback requirements and
parking standards of the city to develop a 6,800 square foot
retail commercial center.
Senior Planner, Alan Warren, presented staff's report. Chairman Sharp
re-opened the public hearing at 7:40 p.m. The following person, spoke in
favor of the Amendment:
Ann Barker, partner, stated she felt a shopping center comprised of
6,800 square feet would not add significantly to. traffic in the area.
She stated the company had gone to great expense to acquire the
property to the northwest. To deny use of the existing driveway would
cause a hardship.
Seeing no one else wishing to speak, Chairman Sharp closed the public
hearing at 7:45 p.m.
The Commission discussed access to the site, traffic circulation and
congestion and use of signs on-site to control circulation. It was moved
by Puckett, seconded by Well, approval of Use Permit 84-1 with conditions
of approval as listed Exhibit "A" with the following change:
1. Allow two-way driveways
Commissioner Ainslie asked if a condition could be added requiring a review
of the project at a later date to determine satisfactory traffic
circulation. Donald Lamm stated a request could be made to have the City's
traffic engineer to monitor the intersection and staff could make the
Planning Commission Minutes
February 13, ig84
Page 2
results available to the Commission.
Motion carried, 5-0.
Applicant:
Location:
Request:
AMENDMENT NO 1 TO USE PERMIT 82-16
Communt com, Inc.
580 W. Sixth Street, Tusttn Boys Club
Authorization to install a second receiving earth station and
relocate an existing one on top of the Tustin Boy's Club
building for cable television purposes
Commissioner Puckett
interest.
stepped down from the dias due to a conflict of
Chairman Sharp asked if staff had received any comments from property
owners notified of the Amendment request. Mr. Warren replied that staff
had not received any comments.
Chairman Sharp opened the public hearing at 8:10 p.m. The following person
spoke in favor of the Amendment:
Mr. Donald Guthrie, representative of Communlcom, stated he had just
received a copy of staff's report recommending denial. He stated the
request was made in order to provide expanded cable service to the
community. He recalled that when the use permit was originally
approved, Communicom had been asked, not required, to locate the
existing antenna on the southern (rear) portion of the building. He
stated that with the anticipated switch to the new satellites would not
allow location of the receiving stations at the rear of the building.
Mr. Guthrie responded to Commission questions regarding size of the
receiving stations, other possible locations, and additional services tb be
offered by use of larger stations.
Chairman Sharp closed the public hearing at 8:37 p.m.
It was moved by Ainslie.to approve Amendment No. I to Use Permit 82-16 as
submitted. Motion died for lack of second.
It was moved b~ Well, seconded by White, approval of two (2) 5 meter
receiving stationsto be located on the rear of the building.
Chairman Sharp recognized Mr. Guthrie, who stated the motion diq not grant
any additional rights beyond those given by the original approval.
Motion carried, 4-0.
ADMINISTRATIVE PALTERS
1. Old Business
None
2. New Business
A. Request for Zone Change
Donald Lamm presented staff's request that the Planning Commission
initiated a zone change in conjunction with Use Permit 84-1. It was moved
by White, seconded by Ainslie to direct staff to initiate a zone change in
conjunction with Use Permit 84-1. Motion carried, 5-0.
STAFF CONCERNS
1. Departmental Status Report
Planning Commission Minutes
February I3, i984
Page 3
Report received and filed by unanimous informal consent.
2. Report on Council Actions - February 6, 1984
Report received and filed by unanimous informal consent.
COlllISSION CONCERNS
Commissioner Well thanked Donald Camm for the tour of the East Tustin
Specific Plan area conducted February 4, 1984.
AOJOURNMEIIT: At 9:04 p.m. to the next regularly scheduled meeting.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
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RESOLUTION NO. 2143
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 84-1
AUTHORIZING 1TIE DEVELOPMENT OF A 6,796 SQUARE FOOT
SHOPPING CENTER WITH A PORTION OF THE PARKING LOT ON
AN R-4 LOT AND TO VARY FROM THE ARTERIAL HIGHWAY
SETBACK REQUIREMENTS AT THE NORTHEAST CORNER OF
MCFADDEN AVENUE AND NEWPORT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Use Permit No. 84-1) has
been filed on behalf of Shelton Construction Company
requesting authorization to construct a 6,795 square
foot shopping center, to vary from arterial highway
setback requirements and to utilize a lot zoned R-4
(suburban residential) for a parking lot.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the heal th, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the following findings:
1. The use is in conformance with the provisions of the
Tustin Area General Plan and the City Zoning Code.
That the portion of the project that is zoned R-4
shall be changed to a more appropriate commercial
designation.
That because of the unusual shape of the property as
well as the unusual configuration of the intersection
of McFadden Avenue and Newport Avenue, granting of a
variance from the arterial highway setback
requirements is justified and does not constitute a
grant of special priviledge inconsistent with other
properties in the vicinity of the Retail Commercial
(C-1) District.
D. That establishment, maintenance and operation of the
use applied for will not be injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City
of Tustin, and should be granted.
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Resolution No. ~143
Page 2
II.
E. Proposed development shall be in accordance with the
development policies adopted by the'City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. A Negative Declaration has been applied for in
conformance with the requirements of the California
Environmental Quality Act.
G. Final development plans shall require the review and
approval of the Community Development Department.
The Planning Commission hereby approves Use Permit 84-1
to authorize the construction of a 6,795 square foot
shopping center; a variance from the arterial setback
requirements to permit a structure to be constructed
within the setback area, and use a portion of the lot
currently zoned R-4 as a parking lot.
A. An automatic alarm system monitored by a UL listed
central alarm station shall be provided.
Fire hydrants shall be provided depending on existing
locations and fire flow capabilities, as d~termined
by the Orange County Fire Marshal.
Ce
A grading plan prepared by a state registered Civil
Engineer shall be submitted to the Building Division
for review and approval.
D. The applicant shall approve of a City initiated zone
change for the parcel of land currently zoned R-4.
A final grading plan is required and all public
improvements shall be shown on the final site plan
and grading plan and must be referenced with
applicable City Standard Drawing Numbers. All
utilities, fire hydrants, water meter, curbs,
sidewalks, etc. that would affect proposed
construction must be shown on the final site plan.
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The dedication of an additional ten-foot-wide strip
of land adjacent to Newport Avenue or the execution
of an Irrevocable Offer of Dedication for same will
be required.
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Resolution No 143
Page 3
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Payment of East Orange County Water District fees
will be required at the time'a building permit is
issued.
That a covenant shall be recorded prior to the
issuance of a building permit which ties the two
parcels together or parcels shall be joined by a
recorded parcel map.
Continuous 6" concrete curbs shall be provided
between landscape planters and parking spaces and
drive aisles.
J. All roof equipment and vents must be screened from
view.
Landscape plans are required which shall include a
planting plan and a complete irrigation plan which
should indicate the following:
I. point of connection;
2. back flow prevention device(s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types and locations.
Separate permits are required for plumbing,
electrical, grading, signing and any work performed
within the public right-of-way.
All work performed'within the public right-of-way
will require a permit from the City of Tustin
Engineering Department.
Motorists shall be informed of the following
restrictions by the use of on-site signing:
1.) "right-turn/no left" turn egress from site
The City Engineer is requested to initiate the
appropriate procedures to provide the following
traffic control measures:
1.)
The installation of a double-double yellow line
in the area of McFadden Avenue which fronts on
the project.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day Of , 1984.
Janet Hester
Recording Secretary
James B. Sharp, Chairman
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RESOLUTION NO. 2138
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING COMMUNICOM CABLE
TELEVISION COMPANY TO PERMANENTLY INSTALL TWO (2)
5.0 METER EARTH STATIONS ON THE ROOFTOP OF THE TUSTIN
BOYS CLUB AT 580 W. SIXTH STREET
The Planning Commission of the City of Tusttn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Amendment No. 1 to Use
Permit No. 82-16) has been filed on behalf of Communicom
Cable Television Company requesting authorization to
to permanently install two {2) 5.0 meter earth stations
on the rooftop of the Tustin Boys Club at 580 W. Sixth
Street.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the following findings:
1. The proposed use is in conformance with the Tustln
Area General Plan.
2. The proposed us~ is in conformance with the Tustin
Zoning Code, as amended.
D. That establishment, maintenance and operation of the
use applied for will not be injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City
of Tusttn, and should be granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. That the subject project is categorically exempt from
the requirements of the California Environmental Quality
Act.
G. Final development plans shall require the review and
approval of the Community Development Department.
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Resolution 14~. 2[38
Page 2
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II.
The Planning Commission hereby' approves Amendment No. 1
to Use Permlt No. 82-16 to authorize Communtcom Cable
Television Company to permanently install 1~o (2) 5.0
meter dishes on the rooftop of the Tustin Boys Club at
580 W. Sixth Street, subject to the followfng
conditions:
The final site plan shall be standardized and reflect
all appropriate City standard drawing numbers. The
developer shall construct all missing or damaged
street improvements to said development per the City
of Tusttn "Minimum Design Standards of Public Works"
and "Street Improvement Standards". This work shall
consist of, but is not limited to: curbs and
gutters, sidewalks, d~ive apron and street pavement.
This approval does not authorize any te~orary
establishment of equipment, facilities operations in
lieu of a permanent facility.
All electrical or community antenna television or
similar service wires or cables shall, within the
exterior boundary of the subject property, be
installed underground.
O. Specific aspects of security shall require the review
and approval of the Community Development Department.
The location of the earth stations shall be on the
south side of the Boys Club structure, adjacent to
the Santa Aha Freeway.
The addition of any subsequent earth stations shall
require the review and approval of the Community
Development Department. The plans shall be reviewed
by the City of Tustin Planning Commission.
PASSED AND ADOP~D at a regular meeting of the Tustin Planning
Commission held on the day of , 1984.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
Report
Planning
to the
Commission
PUBLIC HEARING NO.
FEBRUARY 27, 1984
SUBJECT:
APPLICANT:
LOCATION:
Amendment No. I to Use Permit 79-14 and Tentative Tract No. 12138
Stuard and Hamala, Inc. on behalf of Shearson/American Express Corp.
2681, 2685, 2691 Dow Avenue (Tustin/Irvine Industrial Complex)
ZONING: Planned Community Industrial
ENVIRONMENTAL STATUS:
REQUEST:
An Environmental Impact Report was previously certified
for the Tustin/Irvine Industrial Complex
Authorization to subdivide a single lot industrial condominium into
· two parcels with construction of a 6,706 square foot {two units)
industrial building
A~endment No. I to Use Permit 79-14
Background
On June 4, 1979, the Planning Agency approved Use Permit 79-14 which authorized
an industrial condominium project of 120,000 square feet in seven (7) buildings
with 282 parking spaces.
The project also had an approved Tract Map (No. 10887) with CC&R's and a
community association for the condominiums.
Development Proposal
The applicant proposes to subdivide an existing industrial condominium project
into two separate lots. Lot 1 will remain as the existing condominium project
which has three occupied buildings comprised of a total of 50,840 square feet.
The applicant is also requesting authorization to construct a fourth building of
6,705 square feet on Lot 1.
The site plan, indicates 161 parking spaces provided overall to accommodate the
three existing buildings and the proposed building. The required parking spaces
were calculated at one space space per 250 square feet of existing and proposed
office uses and one space per 500 square feet of manufacturing and research and
development uses for a total of 149 required spaces.
The building elevations submitted for the proposed addition conceptually
indicate the same architectural style as the other buildings with the exception
that it has slightly more of a glass line.
Commurritv DeveloDment Department
Amendment No. I to Use Permit 79-14 & Tentative Tract No. _Z138
February 27, 1984
Page 2
The proposed Lot 2 will be split away from the condominium project and sold as a
single lot for a large industrial or research and development user.
Tentative Tract 12138
The subject Tentative Tract is a re-subdivision of Tract 10887 which was created
as a one-lot subdivision for industrial condominium purposes. The developer is
now proposing to split the one lot of 7.34 acres into two lots. Lot i is for
the existing industrial condominium and covers 3.85 acres. Lot 2 will be a
single lot for a large industrial user and covers 3.49 acres. The map is in
conformance with the Tustin Area General Plan and the Planned Community District
Regulations for the Tustin/Irvine Industrial District.
If the Planning Commission approves Amendment No. 1 to Use Permit 79-14 it would
then'be appropriate to take affirmative action on the map.
Recommendation
1. Approve Amendment No. I to Use Permit 79-14 by the adoption of Resolution
No. 2145 subject to the conditions contained in Exhibit "A".
2. Recommend approval of Tentative Tract No. 12138 to the City. Council by the
adoption of Resolution No. 2146 subject to the conditions of Exhibit "B".
Mary n amber ain
Associate Planner
MAC:ih
Attachments:
Site Plans and Elevations
Exhibit "A"
Resolution No. 2145
Tentative Tract Map
Exhibit "B"
Resolution No. 2146
Communit.y Development Department
Do
Ko
EXHIBIT "A" ',
CONDITIONS OF APPROVAL
AMENDMENT NO; I TO USE P£RI~IT 79-14
Lot No. 2 of Tentative Tract No.. 12138 will require a new grading plan when
the building footprint and site improvements have been established.
Reciprocal access/circulation easements may be required between Lots No. !
and No. 2 of Tract No. 12138 depending upon the final site development of Lot
No. 2.
Payment of Orange County Sanitation District No. 7 sewer connection fees may
be required. Any previous payments made pertaining to the area contained in
Lot No. 2 will be credited to any amounts that may be due.
Lot No. 2 is located within a flood plain area and may be .subject to "sheet
flow" conditions of one to three feetin depth. Finish floor elevations shall
be at elevation 59.00 or greater for any proposed structure.
Sewer and water utilities exist upon Lot No. 2. Depending upon development
of this site, these utilities may require relocation. Any relocation will
require provision for new easements. A plan .should be provided showing the
disposition of these utilities.
Revision of the CC&R's must be submitted and approved by the City Attorney
and Community Development Department.
All applicable conditions listed in Resolution No. 1825 which.approved Use
Permit 79-14 and are hereby incorporated into this approval.
Recordation of a final tract map.
The final site plan shall plan shall be standardized and reflect all
appropriate City standard drawing numbers. The developer shall construct all
missing or damaged street improvements to said development per the City of
Tustin "Minimum Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of, but is not limited to: curbs and
gutters, sidewalks, drive apron, street pavement, street trees and marbelite
street lights with underground conduit.
Continuous 6" concrete curbs shall be provided along landscape planters
adjacent to parking spaces and drive aisles.
A comprehensive signing plan shall be approved by the Community Development
Department prior to installation of any building or free-standing signing.
A landscape plan shall be submitted to the Community Development Department
for review and approval prior to installation of any landscape material.
Said plan shall include:
1. location, size and species of all specimen trees, shrubs and
vegetative ground cover;
2. soil amendment specifications to insure proper plant growth.
Community Development Department
Exhibit "A"
Amendment No. I to Use Permit 79-14
Page 2
M.
An irrigation plan shall be submitted to the Community Development Department
for review and approval prior to installation of any irrigation system. Said
plan shall include location and description of the following:
1. point of connection;
2. back flow prevention device(s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types, locations and manufacturer model;
6. automatic sprinkler controller location and specifications.
The developer shall comply with all construction requirements of the Orange
County Fire Marshal's office which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire sprinkler systems.
Community Development Department
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RESOLUTION NO. 2145
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
USE PERMIT 79-14 AUTHORIZING THE SUBDIVISION OF A
SINGLE LOT INDUSTRIAL CONDOMINIUM INTO TWO PARCELS
AND THE ADDITION OF A 6,705 SQUARE FOOT INDUSTRIAL
CONDOMINIUM ON LOT 1 LOCATED AT 2681 DOW AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Amendment No. I to Use
Permit 79-14) has been filed by Stuard and Hamala on
behalf of Shearson/American Express Development Company
to subdivide a single lot industrial condominium into
two parcels and the addition of a 6,705 square foot
industrial condominium on Lot 1 located at 2681 Dow
Avenue.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the following findings:
a. The use applied for is in conformance with the Tustin
Area General Plan and with the Planned Community
District Regulations of the Tustin/Irvine Industrial
Complex.
D. That establishment, maintenance and operation of the
use applied for will not be injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare of the City
of Tustin as evidenced by compliance with the City's
Zoning and Development standards.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. That an Environmental Impact Report was previously
certified for the Irvine Industrial Con, lex.
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Resolution No. 2145
Page 2
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II.
G. Final development plans shall require the review and
approval of the Community Development Department.
The Planning Commission hereby approves Amendment No. 1
to Use Permit 79-14 authorizing the subdivision of a
single lot industrial condominium into two parcels and
the addition of a 6,705 square foot industrial
condominium on Lot 1 as applied for subject to the
following conditions:
Lot No. 2 of Tentative Tract No. 12138 will require a
new grading plan when the building footprint and site
improvements have been established.
Reciprocal access/circulation easements may be
required between Lots No. 1 and No. 2 of Tract No.
12138 depending upon the final site development of
Lot No. 2.
Payment of Orange County Sanitation District No. 7
sewer connection fees may be required. Any previous
payments made pertaining to the area contained in Lot
No. 2 will be credited to any amounts that may be
due.
Lot No. 2 is located within the flood plain area and
may be subject to "sheet flow" conditions of one to
three feet in depth. Finish floor elevations shall
be elevation 59.00 or greater for any proposed
structure.
Sewer and water utilities exist upon Lot No. 2.
Depending upon development of this site, these
utilities may require relocation. Any relocation
will require provision for new easements. A plan
should be provided showing the disposition of these
utilities.
Ge
Revision of the CC&R's must be submitted and approved
by the City Attorney.
All applicable conditions listed in Resolution No.
1825 which approved Use Permit 79-14.
Recordation of a final tract map.
The final site plan shall be standardized and reflect
all appropriate City standard drawing numbers. The
developer shall construct all missing or damaged
street i~rovements to said development per the City
of Tustin "Minimum Design Standards of Public Works"
and "Street Improvement Standards". This work shall
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Resolution No. 2145
Page 3
Ce
consist of, but is not limited to: curbs and gutters,
sidewalks, drive apron, street pavement, street trees
and marbelite street lights with underground conduit.
Continuous 6" concrete curbs shall be provided along
landscape planters adjacent to parking spaces and
drive aisles.
A comprehensive signing plan shall be approved by the
Communi:y Development Department prior to
installation of any building or free-standing
signing.
A landscape plan shall be submitted to the Community
Development Department for review and approval prior
to installation of any landscape material. Said
plans shall include:
1. location, size and species of all specimen trees,
shrubs and vegetative ground cover;
2. soil amendment specifications to insure proper
plant growth.
An irrigation plan shall be submitted to the
Community Development Department for review and
approval prior to installation of any irrigation
system. Said plan shall include location and
description of the following:
1. point of connection;
2. back flow prevention device(s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types, locations and manufacturer
model;
6. automatic sprinkler controller location and
specifications.
The developer shall comply with all construction
requirements of the Orange County Fire Marshal's
office which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire
sprinkler systems.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day of , 1984.
Janet Hester
Recording Secretary
James B. Sharp, Chairman
EXHIBIT "B"
CONI)ITIOMS OF APPROVAL
TENTATIVE TRACT NO. 12138
A. All conditions of approval of Tract 8763 and Parcel Map No. 76-82 shall be
applicable.
B. Revision and approval of all CC&R's by the City Attorney which shall i~clude
the following fire protection system requirements:
Ce
Property owners sharing underground fire protection system piping and
appurtenances agree not to interrupt or restrict the supply of water to
the fire protection systems being served.
In the event of a break in piping or accident to the common underground
fire protection system, all parties agree to restore the fire protection
system immediately and resolve cost sharing after service has been
restored.
Cost sharing arrangements on water rental charges for check valves shall
require full payment of the charges by one or more parties in the event
of vacancies or non-payment of bills.
All existing utility easements within Tract 10887 should be shown on the
Tentative and Final Map of Tract 12138.
All required utility or access/circulation easements should be shown or
referenced on.the final map.
Community Development Department
R£SOLUT[O~ ~0. 2146
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL OF
TENTATIVE TRACT NO. 12138
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That Tentative Tract No. 12138 was submitted pursuant
to Ordinance No. 847 (as amended) by Stuard and Hamala
on behalf of Shearson/American Express Development
Company for the purpose of creating a two-lot
subdivision from Tract 10887.
B. That said map is in conformance with the Tustin Area
General Plan.
C. That an Environmental Impact Report was previously
certified for the Tustin/Irvine Industrial Complex to
comply with the regulations of the California
Environmental Quality Act.
II.
The Planning Commission hereby recommends to the City
Council approval of Tentative Tract No. 12138 subject to
the following conditions:
A. All conditions of approval of Tract 8763 and Parcel
Map No. 76-82 shall be applicable.
Revision and approval of all CC&R's by the City
Attorney which shall include the following fire
protection system requirements:
1. Property owners sharing underground fire
protection system piping and appurtenances agree not
to interrupt or restrict the supply of water to the
fire protection systems being served.
In the event of a break in piping or accident to the
common underground fire protection system, all
parties agree to restore the fire protection system
immediately and resolve cost sharing after service
has been restored.
Cost sharing arrangements on water rental charges for
check valves shall require full payment of the
charges by one or more parties in the event of
vacancies or non-payment of bills.
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Resolution No. ~ .46
Page 2
C. All existing utility easements within Tract 10887
should be shown on the Tentative and Final Map of
Tract 12138.
D. All required utility or access/circulation easements
should be shown or referenced on the final map.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day of , 1984
James B. Sharp, Chairman
Janet Hester
Recording Secretary
THE C, iT~Y, (~;-?,U. Stt'TTII,.- ¢[IB~IIq'Y ~ .(~1l, 8iE.
~IOTES,~
Report to the
Planning Commission
PUBLIC HEARING NO. 2
FEBRUARY 27, 1984
SUBJECT: Use Permit*84-2
APPLICANT: Dan O'Connor on behalf of Corniche Development
LOCATION: Northeast Corner of Seventeenth Street and Yorba Street
ZONING: Planned Community (Commercial) District - (PC)
ENYIRONlqENTAL STATUS:
REQUEST:
A request for Negative Declaration of environmental
impact has been filed
To develop a 20,000 square foot office building pursuant to the PC
District regulations
Background
In January, 1971, the property owners of the land on the northeast corner of
Seventeenth Street and Yorba'Street, extending 870 feet easterly along -
Seventeenth Street, initiated a pre-zone application prior to annexation into
the City. The application was approved for the Planned Community (Commercial)
District with the following regulations:
The application and issuance of a use permit and approval of development
plans prior to issuance of a building permit;
The exclusion from permitted uses of service stations, drive-in and
take-out food establishments, on the~finding that such uses would have a
detrimental effect upon the peaceful and quiet use of adjoining
residential developments and an adverse influence upon the traffic flow
of Seventeenth Street.
Since that time the property has been subdivided and developed with the JoJos
Restaurant, Constitution Plaza, Prudential office Uuilding and Hill Professional
Center. All have been developed subject to use permit review and approval. One
condition which has been required on all developments was the limitation of
driveway access directly to Seventeenth Street and to Yorba Street. Common
access has been provided via a reciprocal access agreement across the rear
portion of the parcels. This feature is similar to the planning process along
the Irvine Boulevard Professional District.
Community Development Department
Use Permit 84-2
February 27, 1984
Page 2
Discussion
The proposal requests authorization to construct a 20,000 square foot office
structure on the remaining vacant parcel of the original Planned Community
District land. The property is bounded by the following developments:
North - Tree Haven residential condominiums
East - Hill Professional Center
South - Woody's fast food restaurant
Southwest - corner office building of Enderle Center
West - Jack-in-the-Box fast food restaurant
The proposal would have a portion of the 13,685 square foot second floor
covering a major part of the at-grade parking area. The structure of parking
layout would not impact the existing driveway easement along the northern
property line. All access to and from the site would be via a driveway between
the Prudential and Hill Professional Center office buildings and from an
existing driveway off of Yorba Street. The easterly side yard setback of ten
feet (10') is the same as was approved for' the neighboring office structure.
The northerly portion of the proposed building is at least ninety feet {gO')
from the nearest residential structure.
Issue Analysis
The intent of the Planned Community District application to this parcel was
to ensure the development of uses compatible with the adjacent residential
development. Office uses have been found to satisfy this intent.
The exclusion of certain uses in the enacting zoning provisions indicates the
non-compatibility of this location for intense retail commercial uses. It
can therefore be assumed that the City has preferred professional office or
low intensity commercial uses for this land.
The architecture, mission style, is compatible with the stucco and tile
roofed structure immediately to the east and the tile roofs of Enderle
Center.
All provisions of the City's design standards have been satisfied.
The parking ratio of one space/300 square feet of floor area satisfies the
minimum requirements of the professional uses of other districts. The
following restrictions should, however, be imposed if the project is
approved.
a. The 500 square foot lounge area cannot be converted to an office or
conference room use.
b. That medical office or retail commercial uses cannot be located within
this building without providing additional parking as may be determined
by Planning Commission review.
5. The structure should present a positive visual addition to the intersection
with its residential style features.
Community Development Department
Use Permit 84-2
February 27, 1984
Page 3
6. Signing provisions should be limited to professional standards as provided
in the Sign Code and authorized for the Hill Professional Center and the
Prudential building.
7. The covered parking (by the second floor) will be screened to a large extent
by masonry walls and clay tile screens.
Recommendation
Approval of Use Permit 84-2 by the adoption of ResolUtion No. 2141.
Senior Planner
AGW:jh
Attachments:
Development Review Summary
Resolution No. 2141
Exhibit "A"
Plans
Community Development Department
Project:
Location/District:
Action:
DEVELOPMENT REVIEW SUMMAi
CORNICHE LA MANCHA SHOPPING CENTER
N~rtheast Corner of 17th Street and Yorba Street
USE PERMIT 84-2
Building:
Front Setback
Side Setback
Rear Setback
Gross Square Footage
Net Floor Square Footage
Height
Number of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/square footage)
Percent of Compact Spaces
Type
Uses:
Number of Public Notifications (Owners):
Environmental Status
* No Standard
Co. arable
District Requirement
Proposed
15' (arterial) 15'
15' (arterial) 15' & 10'
10' (PR) 45'
* 20,000 sq.ft.
*
35' (PR & C-1)
50' (C-2) 37'
2 (PR) 2
Tan stucco, wd
Commission Review trim, red tile
7,200 sq. ft. 35,300 sq. ft.
* 38.8~
* 65
1/300 (PR) 1/300
20% (stand.) 20%
At grade, open,
* covered
Retail Commercial
General Office General Office
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Application for Negative Declaration
Community Development Department
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RESOLUTION NO. 2141
A RESOLUT~vN OF THE PLANNING COMMISSION O~ .HE CITY OF
TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 84-2
AUTHORIZING THE DEVELOPMENT OF A 20,000 SQUARE FOOT
OFFICE BUILDING AT THE NORTHEAST CORNER OF SEVENTEENTH
STREET AND YORBA STREET PURSUANT TO REGULATIONS OF
ORDINANCE NO. 499 IN THE PLANNED DEVELOPMENT (COMMERCIAL)
DISTRICT
The Planning Commission of the City of Tustln does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Use Permit 84-2) was
filed by Corniche Development requesting authorization
to develop a 20,000 square foot office building at the
northeast corner of Seventeenth Street and Yorba Street.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the following findings:
1. The use applied for is in conformance and compatible
with provisions of the Tustln Area General Plan and
Tusttn Zoning Ordinance.
2. The use and application is in conformance with
Ordinance No. 499.
D. That establishment, maintenance and operation of the
use applied for will not he injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare of persons
residing or working in the neighborhood of the proposed
use in that the activity is proposed for the correct
land use and zoning classification and shall be
developed in a manner prescribed by the City's
development and zoning provisions.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. A Negative Declaration of environmental impact for
the subject site is hereby granted in accordance with
the requirements of the California Environmental Quality
Act.
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Resolution Ho. ~_~1
Page 2
G. Final development plans shall require the review and
approval of the Director of Community Development.
II. The Planning Commission hereby approves Use Permit 84-2
authorizing the development of an office building at the
northeast corner of Seventeenth Street and Yorba Street as
requested, subject to the following conditions:
Ae
C.
D.
E.
F.
A11 missing or damaged public improvements will require
construction or replacement. These improvements will
include but not be limited to the following:
sidewalk along the Yorba Street frontage;
2. street trees along both street frontages; and
3. marbelite street lights with underground conduit on
both street frontages.
The final site plan shall be standardized and relfect
all appropriate City standard drawing numbers. The
developer shall construct all missing or damaged street
improvements to said development per the City of Tustin
"Minimum Design Standards of Public Works" and "Street
Improvement Standards". This work shall consist of but
is not limited to:
1. curbs and gutters;
2. sidewalks;
3. drive aprons;
4. street pavement;
5. street trees; and
6. street lights.
A final grading plan showing all finish grade elevations
based on the Orange County Surveyor's Office datum will
be required.
All utilities, storm drains, utility poles, fire
hydrants, etc., shall be shown on the final site and/or
grading plan. In addition, the sanitary ~ewer lateral
and domestic water service should also be shown on said
plan(s)..
A storm drain is located 57 ft. north of the centerline
of Seventeenth Street. No trees or shrubs should be
planted over this pipe.
The landscaped area on Seventeenth Street between the
sidewalk and the street right-of-way should be graded at
1/4 inch per foot towards the sidewalk.
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Resolution No. i! ,,
Page 3
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H.
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J.
K.
L.
M.
N.
O.
P.
Payment of Orange County Sanitation District No. 7 sewer
connection fees will be required at the time a building
permit is issued. Fee amounts are $50.00 per 1,000 sq.
ft. of building floor area and $10.00 per front foot of
parcel, as measured along Seventeenth Street (163 ft.).
Payment of East Orange County Water District fees at the
time a building permit is issued.
Per conditions of approval of Parcel Map No. 76-83,
storm drain installation was required across the
Seventeenth Street frontage of each parcel as they
developed.
In 1978, the City installed said drain along Seventeenth
Street. The storm drain assessment for this parcel is
based upon the actual construction cost of $51.53 per
lineal foot for a total front footage of 163 lineal
feet.
Payment of the storm drain assessment in the amount of
$11,399.39 will be required at the time a building
permit is issued.
The light tan quarry tile behind the sidewalk at the
curb return will have to be removed in the event the
street is ever widened to its ultimate width. The tile
shall be installed so as not to create elevation
problems or join problems between the tile and future
sidewalk construction.
All work done within the public right-of-way will
require a permit from the City of Tustin Engineering
Department.
Continuous 6" concrete curbs shall be provided between
landscape planters and parking spaces and drive aisles.
All roof equipment and vents must be screened from view.
Exterior building materials and colors must be submitted
to the Community Development Department for review.
All signs must be approved by the Planning Department
prior to permit issuance.
A complete irrigation and planting plan is required
which should indicate the following:
a. point of connection;
b. back flow prevention device(s);
c. location and types of valves;
d. location and sizes of piping;
e. sprinkler head types and locations; and
f. location, size and type of all plant material.
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Resolution No. ~.41
Page 4
Q. Separate permits are required for plumbing, electrical,
grading, signing and any work performed within the
public right-of-way.
R. Fire hydrants shall be provided as may be required by
the Orange County Fire Marshal.
S. This building is required to have an approved automatic
fire sprinkler system, as per Tustin Fire Code.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day of , 1984.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
Ce
EXHIBIT "A"
CONOITIONS OF ~PROVAL
USE Pl~PJ~IT 84-2
All missing or damaged public improvements will require construction or
replacement. These improvements will include but not be limited to the
following:
1. sidewalk along the Yorba St. frontage;
2. street trees along both street frontages; and
3. marbelite street lights, with underground conduit on both street
frontages.
The final site plan shall be standardized and reflect all appropriate City
standard drawing numbers. The developer shall construct all missing or
damaged street improvements to said development per the City of Tustin
"Minimum Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of but is not limited to:
1. curbs and gutters;
2. sidewalks;
3. drive aprons;
4. street pavement;
5. street trees; and
6. street lights.
A final grading plan showing all finish grade elevations based on the Orange
County Surveyor's Office datum will be required.
AI~ utilities, storm drains, utility poles, fire hydrants, etc., shall be
shown on the final site and/or grading plan. In addition, the sanitary sewer
lateral and domestic water service should also be shown on said plan{s).
A storm drain is located 57 ft. north of the centerline of Seventeenth
Street. No trees or shrubs should be planted over this pipe.
The landscaped area on Seventeenth Street between the sidewalk and the street
right-of-way line should be graded at 1/4 inch per foot towards the sidewalk.
Payment of Orange County Sanitation District No. 7 sewer connection fees will
be required at the time a building permit is issued. Fee amounts are $50.00
per 1,000 sq. ft. of building floor area and $10.00 per front foot of parcel,
as measured along Seventeenth Street {163 ft.).
Payment of East Orange County Water District fees at the time a building
permit is issued.
Per conditions of approval of Parcel Map No. 76-83, storm drain installation
was required across the Seventeenth Street frontage of each parcel as
developed.
In 1978, the City installed said drain along Seventeenth Street. The storm
drain assessment for this parcel is based upon the actual construction cost
of $51.53 per lineal foot for a total front footage of 163 lineal feet.
Community Development Department
Exhibit "A"
Use Permit 84-2
Page 2
Oe
Payment of the storm drain assessment in the amount of $11,399.39 will be
required at the time a building permit is issued.
The light tan quarry tile behind the sidewalk at the curb return will have to
be removed in the event the street is ever widened to its ultimate width.
The tile shall be installed so as not to create elevation problems or join
problems between the tile and future sidewalk construction.
All work within the public right-of-way will require a permit from the City
of Tustin Engineering Department.
Continuous 6" concrete curbs shall be providedbetween landscape planters and
parking spaces and drive aisles.
All roof equipment and vents must be screened from view.
Exterior building materials and colors must be submitted to the Community
Development Department for review.
All signs must be approved by the Planning Department prior to permit
issuance.
A complete irrigation and planting plan is required which should, indicate the
following:
1. point of connection;
2. back flow prevention device(s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types and locations; and
6. location, size and type of all plant material.
Separate permits are required for plumbing, electrical, grading, signing and
any work performed within the public right-of-way.
Fire hydrants shall be provided as may be required by the Orange County Fire
Marshal.
This building is required to have an approved automatic fire sprinkler
system, as per Tustin Fire Code.
Cgm munity Development Department
..,
~I]RNISIII; D£V[LOPM~HT 6gl~P.
.1
Report to the -_
Planning Cc)remission
PUBLIC HEARING NO. 3
FEBRUARY 27, 1984
SUBJECT: Use Permit 84-3
APPLICA#T:
LOCATION:
ZONING:
REQUEST:
Maurice Lebanoff
161 Fashion Lane, #100
Tustin, California 92680
17292 McFadden Avenue, Unit "C"
Retail Commercial (C-1)
Authorization to operate a video game arcade with thirty (30)
machines, in conjunction with an existing restaurant
Background
An application has been'filed by Mr. Maurice Lebanoff requesting authorization
to operate a thirty (30) game video arcade as an addition to the existing
Brooklyn Pizza Express restaurant at 17292 McFadden Avenue, SuiteC. Presently,
there is an arcade in operation (Use Permit 82-12, Ski Fever) in the center that
has approval for up to 30 machines.
At the time Use Permit for Ski Fever was approved it was determined that the
center met the requirements of City Council policy concerning game arcades.
Specifically, that the center was adequately separated from single-family
dwellings and schools, and that the arcade was only to be operated in
conjunction with another primary use. The fact that the arcade was approved in
a multi-tenant center also complied with Council policy.
This application for a Use Permit (84-3) was submitted after the Community'
Development Department determined that construction in Suite C had commenced
towards establishing the subject arcade. Staff halted construction and required
the owner, Maurice Lebanoff, to submit a use permit application and building
plans for his building improvements.
Discussion
Approval of Use Permit 82-12 for the Ski Fever Arcade determined for the
particular site and suite, a video game arcade with 30 machines was an
appropriate land use. Such approval subsequently is attached or "runs with" the
property. Therefore, unless a use permit is revoked for cause, the use may
continue indefinitely in Suite K.
Community Development Department
Use Permit 84-3
February 27, 1984
Page 2
Analysts
The application before the Commission should be analyzed from two perspectives;
first, for the proposed arcade as it stands alone, If considered alone, Use
Permit 84-3 meets Council policy. However, the Police Department has concerns
regarding the lack of supervision in the arcade area. Should the arcade be
approved, it should be required that the cashier's counter in Suite B be moved
forward seven (7) feet and that a window be installed on the adjacent wall as
shown in Exhibit "B". Additionally, if this proposal was to be considered as
the only arcade in the center, conditions concerning hours of operation, number
of machines, security and safety measures should be included as standard
procedure.
The second question that should be considered is the appropriateness of a second
arcade operating in this small commercial center. The applicant has indicated
that the Ski Fever arcade will be closing in the near future. However, as was
previously mentioned, the use permit approved for Ski Fever, would still be in
effect and another arcade could conceivably be opened.
When the Planning Agency approved the use permit for Ski Fever, the decision was
in part based Mr. Lebanoff voluntarily offering to exempt all other tenants in
the center from having additional games. The motion for approval of the use
permit incorporated Mr. Lebanoff's testimony.
Of the eleven tenants in the center, essentially only three would be likely to
maintain video games '(Master Chicken, Ski Fever and Soup-er Sandwich/Brooklyn
Pizza Express). Under provisions of the Zoning Code, each of these tenants
would be permitted only five machines without a conditional use'permit.
Therefore, including the Ski Fever use permit, the number of machines would be a
maximum of 40. The proposal as submitted essentially increases the maximum
number of machines to 65.
Two arcades in the same center greatly increase the attractive nuisance aspect
of this particular land use. The problems generally associated with such
businesses often are detrimental to the surrounding businesses. Therefore staff
opposes the application as submitted but recommends that a second arcade
associated with Brooklyn Pizza Express be limited to eight machines.
Recommendation
Staff recommends that Use Permit 84-3 be approved authorizing a maximum of eight
(8) video game machines at 17292 McFadden, Suite C subject to the conditions
lsited in Exhibit "A".
~e
S
r
JSD:jh
Attachments:
Exhibit "A"
Exhibit "B"
Reduced Site Plan
Full Size Floor Plan
Corn munity Development Department
AD
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT 84-3
The number of video games for the subject address shall be limited to eight
(8). For the purpose of this use permit, the eight machine maximum shall
include any machine located in the businesses known as "Soup-er Sandwich
Express" and "Brooklyn Pizza Express".
The hours of operation of the arcade shall be limited to the same hours of
operation of the business located at 17292 McFadden, Suite B. Additionally,
the arcade may only be operated as a secondary use to another business
operating in Suite B.
The entrance to the arcade shall be restricted so that no person may enter
the arcade directly from the outside. Instead, entrance must be directed
through Suite B.
Any building modifications shall be in accordance with development policies
adopted by City Council, Uniform Building Codes as administered by the
Building Official, Fire Code as administered by the Orange County Fire
Marshal.
The cashier's counter in Suite B shall be moved forward seven {7) feet and a
window shall be installed in the adjacent wall so the arcade area may be
observed at all times by personnel working in Suite B {see.Exhibit "B")*.
The restaurant/arcade will not be permitted additional signing in that it is
considered one business.
Community Development Department
II
EXHIBIT "B"
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Report to the
Planning Commission
PUBLIC HEARING NO. .4
FEBRUARY 27, 1984
SUBJECT: Use Permit 84-4
APPLICANT: Kincannon Architects on behalf of William Denny, D.D.S.
LOCATION: 1252 Irvine Boulevard (A.P. #103-633-26 and 27)
ZONING: Planned Community Professional
ENVIRONMEHTAL STATUS:
An application has been filed for a Negative Declaration
to comply with the requirements of the California
Environmental Quality Act.
REQUEST:
Authorization to convert an existing single-family home to medical
office use and construct a new two-story medical professional office
building
Background
The subject properties were annexed into the City in 1982. The zone designation
for the property while under County jurisdiction was Single-Family Residential
(R-l) which was in compliance with the Tustin Area General Plan.
On April 4, 1983, the City Council approved'General Plan Amendment 83-1(B) which
changed the land use designation from Single-Family Residential to Professional
(Office) for these two properties. On May 2, 1983, the City Council approved
Zone Change 83-2 which changed the zoning for these properties from
Single-Family Residential (R-l) to Planned Community Professional {PC-PR).
Development Proposal
The applicant proposes to change the occupancy of the existing home to an offi. ce
for Dr. Denny's practice as an orthodontist. Their objective is to highlight
the authentic Spanish hacienda theme of the existing residence and tie it
together with a complimentary medical building. Incorporated into the theme are
two large plaza courtyards between the retail commercial (Tustin Heights
Shopping Center) and the residential areas to the east and south. The site
plans submitted indicate the existing home at 3,012 square feet and the proposed
building at 14,027 square feet for a total of 17,039 square feet proposed for
the entire site. Eighty-five {85) parking spaces are shown which dictate not
more than two-thirds of the total square footage can be used for medical
offices; the remainder will have to be used for general offices.
Building elevations indicate the Spanish theme for the entire project which will
tie in the existing house.
Community Development Department
Use Permit 84-4
February 27, 1984
Page 2
Issue Analysis
Staff has worked closely with the developer to provide the greatest setbacks
available to the surrounding single-family residences. This action resulted in
the project being located closer to the westerly property line near the shopping
center. This plan provides large setbacks from property lines while attempting
to provide landscape screening and saving as many of the mature specimen trees
as possible.
The site plan shows two access points between the Tustin Heights Shopping Center
and the proposed project. The most northerly drive is only 27 feet behind a
large entry into the center. After discussions with the applicant, a decision
has been reached to delete the most northerly drive from the project. However,
the southerly access point will require an agreement with the owner of the
Tustin Heights Center as well as any other parties having an easement interest
to that land.
Recomendatt on
Approve Use Permit 84-4 by the adoption of Resolution No. 2142, subject to the
conditions in attached Exhibit "A".
Associate Planner
Attachments:
Site Plan and Elevations
Plans
Exhibit "A"
Resolution No. 2142
Corn munity Development Department
Be
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PER~IT 84-4
Construction of any missing or damaged street improvements shall be required
within the Irvine Boulevard right-of-way including but not limited to the
following:
1. curbs and gutters;
2. sidewalks;
3. driveway aprons;
4. street trees;
5. marbelite street lights with underground conduit.
The traffic signal at Charloma Drive will most likely require modification to
provide a four leg ~ntersection.
A final grading plan will be required for review and approval.
Annexation of the parcel to Orange County Lighting Maintenance District No.
6.
Possible installation of marbelite street lights and underground conduit
across Irvine Boulevard frontage if none presently exist.
E. Paym~.nt of East Orange County Water District fees.
F. Orange County Sanitation District No. 7 sewer connection fees in the amount
of $50.00 per 1,000 sq. ft. of building floor area will be required at the
time a building permit is issued.
He
Oe
Continuous 6" concrete curbs shall be provided along landscape planters
adjacent to parking spaces and drive aisles.
A comprehensive signing plan shall be approved by the Community Development
Department prior to installation of any building or free-standing sign.
A landscape plan shall be submitted to the Community Development Department
prior to installation of any landscape material. Said plan shall include:
1. point of connection;
2. back flow prevention device{s);
3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types, locations and manufacturer model number; and
6. automatic sprinkler controller location and specifications.
All drain down spouts and access ladders shall be placed within the building
structure.
Wheelchair and handicap access shall be installed on-site and off-site in
accordance with the State of California and City of Tustin Building
Department standards.
Community Development Department
Exhibit "A"
Use Permit 84-4
Page 2
On-site security lighting shall be arranged so that direct rays will not
shine on adjacent properties or produce glare for street traffic. All
roof-mounted equipment, such as heating and air conditioning units, shall be
completely screened from public view by architecturally compatible screening
material, subject to the approval of City Staff.
The common trash container enclosures shall be constructed of a minimum
six-foot (6') high concrete block wall with solid gates to block the view of
trash bins.
The developer shall comply with all construction requirements of the Orange
County Fire Marshal's office which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire sprinkler system.
The access point to the private property to the west will require an
agreement with that property owner as well as any other parties having an
easement interest in that land.
Provide location and easement for fire' sprinkler detector check. Please
contact Jerry Otteson for further information regarding this matter at
544-8890.
The owner shall record a parcel map consolidating the two lots into one,
prior to a Certificate of Occupancy being issued.
R. Not more than 205 of parking spaces shall be of compact size.
Fees Required For Improvements
1. Sanitary sewer connection fee {per Orange County Sanitation District No. 7)
2. New development tax
3. Advanced street light energy charges
4. All applicable Building Department fees
5. All applicable Engineering Department fees
6. All applicable Water District fees
Community Development Department
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RESOLUTION NO. 2142
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 84-4
AUTHORIZING THE DEVELOPMENT OF 17,039 SQUARE FOOT
OFFICE BUILDINGS AT 1252 IRVINE BOULEVARD
The Planning
follows:
Commission of the City of Tustin does hereby resolve as
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Use Permit 84-4) was
filed by Kincannon Architects on behalf of William
Denny, D.D.S., requesting authorization to develop
17,039 square foot office buildings at 1252 Irvine
Boulevard.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use as
evidenced by the following findings:
1. The use applied for is in conformance and compatible
with provisJons of the Tustin Area General Plan and
Tustin Zoning Ordinance.
2. The use and application is in conformance with the
Planned Community District Regulations
D. That establishment, maintenance and operation of the
use applied for will not be injurious or detrimental to
the property and improvements in the neighborhood of the
subject property, nor to the general welfare persons
residing or working in the neighborhood of the proposed
use in that the activity is proposed for the correct
land use and zoning classification and shall be
developed in a manner prescribed by the City's
development and zoning provisions.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council,
Uniform Building Codes as administered by the Building
Official, Fire Code as administered by the Orange County
Fire Marshal and street improvement requirements as
administered by the City Engineer.
F. A Negative Declaration of environmental impact for
the subject site is hereby granted in accordance with
the requirements of the California Environmental Quality
Act.
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Resolution No. 21
Page 2
G. Final development plans shall require the review and
approval of the Director of CommUnity Development.
II. The Planning Commission hereby
authorizing the development of
Irvtne Boulevard as requested,
conditions:
approves Use Permit 84-4
office buildings at 1252
subject to the following
Construction of any missing or damaged street
Improvements shall be required within the Irvtne
Boulevard right-of-way including, but not limited to the
following:
1. curbs and gutters;
2. sidewalks;
3. driveway aprons;
4. street trees;
5. marbelite street lights with.underground conduit.
The traffic signal Charloma Drive will most likely
require modification to provide a four leg intersection.
B. A final grading plan will be required for review and
approval.
C. Annexation of the parcel to Orange County Lighting
MaintenEnce District No. 6.
Possible installation of marbelite street lights and
underground conduit across Irvine Boulevard frontage if
none presently exist.
E. Payment of East Orange County Water District fees.
Orange County Sanitation District No. 7 sewer connection
fees in the amount of $50.00 per 1,000 sq. ft. of
building floor area will be required at the time a
building permit is issued.
Continuous 6" concrete curbs shall be provided along
landscape planters adjacent to parking spaces and drive
aisles.
A comprehensive signing plan shall be approved by the
Community Development Department prior to installation
of any building or free-standing sign.
A landscape plan shall be submitted to the Community
Development Department prior to installation of any
landscape material. Said plan shall include:
1. point of connection;
2. back flow prevention of device(s);
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Resolution No. 2L .
Page 3
K.
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3. location and types of valves;
4. location and sizes of piping;
5. sprinkler head types, locations and manufacturer
model number; and
6. automatic sprinkler controller location and
specifications.
All drain spouts and access ladders shall be placed
within the building structure.
Wheelchair and handicap access shall be installed
on-site and off-site in accordance with the State of
California and City of Tustin Building Department
standards.
On-site security lighting shall be arranged so that
direct rays will not shine on adjacent properties or
produce glare for street traffic. All roof-mounted
equipment, such as heating and air conditioning units,
shall be completely screened from public view by
architecturally compatible screening material, subject
to the approval of City staff.
The common trash container enclosures shall be
constructed of a minimum six-foot (6') high concrete
block wall with solid gates to block the view of trash
bins.
The developer shall comply with all construction
requirements of the Orange County Fire Marshal's office
which includes installation of necessary fire
extinguishers, on-site private fire hydrants and fire
sprinkler system.
The access point to the private property to the west
will require an agreement with that property owner as
well as any other parties having an easement interest in
that land.
Provide location and easement for fire sprinkler
detector check.
The owner shall record a parcel map consolidating the
two lots into one, prior to a Certificate of Occupancy
being issued.
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Resolution Ho. 2[,
Page 4
R. Not more than 20~ of parking spaces shall be of compact
size.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day of , 1984.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
Report to the
Planning Commission
PUBLIC HEARING NO. 5
FEBRUARY 27, 1984
SUBJECT: Use Permit 84-5
APPLICANT: The Robert P. Warmington Company
LOCATION: 14851-14921 Newport Avenue
ZONING: Planned Development (PD) District
ENVIRONMENTAL STAll)S: A request for Negative Declaration of environmental
impact has been filed
REQUEST:
Authorization to develop 156 residential condominiums and to vary
from the open space requirements
Background
In March, 1980, the City Council re-zoned the subject property to Planned
Development (PD) District to bring the zoning into conformance with the land use
designation of the Tustin Area General Plan. On February 2, 1981, the Planning
Agency approved the development of a 208-unit residential condominium project
upon an application of The Robert P. Warmington Company. The project was never
acted upon and the permit expired.
In September of 1983, Use Permit 83-16 was approved to authorize construction of
a 161-unit residential condominium project to Pacific Coast Builders. The sale
of the property was not finalized and The Robert P. Warmington Company retained
ownership of the parcel.
Discussion
This application proposes the development of 156 condominiums on a site of
approximately 5.9 acres. An additional 5,150 square feet is currently being
considered for addition to the project from two adjoining parcels in the City of
Santa Aha. The acquisition of the additional land is to aid in qualifying for a
5% waiver of open space. The PD District authorizes 45% open, rather than the
usual 50% when a project abuts permanent open space. In this case, the Costa
Mesa Freeway embankment, fully landscaped by the developer, is proposed to
satisfy the waiver requirement. However, the project still requires an approval
to vary from the open space requirement with a total coverage of 58%.
Community Development Department
Use Permit 84-5
February 27, 1984
Page 2
The site design provides for three groups of buildings each surrounding an open
recreation area. Vehicle and pedestrian access is ira a single driveway
entrance, secured by a gate house. The circulation pattern provides cmplete
access to the rear of all un(ts. Parking (s provided at the correct ratio of
two spaces per unit, half of which are covered, plus thirty-one (31) visitor
spaces. This site layout is almost identical to that proposed by Pacific Coast
Builders with less units, however, and more parking spaces.
The site is impacted environmentally by freeway and rail noise. An initial
environmental study with a supplementary noise impact study was submitted and
reviewed by the Planning Commission with the Pacific Coast project. The revised
plans were reviewed by a contract consultant retained by the City:
The analysis of the noise environment is as follows:
A. The existing railroad noise level {63dBA) at the southwest facing units is
above California state limits which requires attenuation of the levels within
the individual units.
The existing freeway greatly impacts the site from 78dBA (CNEL) at the third
floor level to 75dBa (CNEL) at the second floor level. Such levels also
require interior sound alteration by the state. The courtyard of Phase I
would be impacted by levels of 68dBA. Sixty-five (66) dBA is considered the
maximum level acceptable for recreational areas.
The proposed high speed rail system is expected to impact the nearest'units
by single events of about 80dBA and at worst case 130 operations per day this
could result in 66dBA (CNEL) reading (including Amtrak freight).
The potential noise impact from increased Newport Avenue traffic due to a
railroad crossing, could reach CNEL levels of 66dBA at the uppers floors and
60dBA at the ground level.
Analysis
The application conforms to zoning code regulations with the exception of the
open space issue. Without the purchase or long-term lease of the two small
adjoining parcels, the project is slightly below the 454 open space figure.
Since the freeway embankment is going to remain as open space, its landscaping
will definitely enhance the view of this feature and the 454 open space allowed
could be considered. But, since this additional land is not within the City,
annexation of said parcel should be instituted at the owners expense.
The design should minimize any negative visual effect of the parking and
driveway by the use of mounding and screening perimeter walls.
The preliminary planting plans provide a conceptual plant paler but does not
indicate locations of specific species. The species selected would appear not
to present any problems unless improperly located.
Community Development Department
Use Permit 84-5
February 27, 1984
.Page 3
The preliminary planting plans provide a conceptual plant paler but does not
indicate locations of specific species. The species selected would appear not
to present any problems unless improperly located.
The architecture is a contemporary style but should easily be compatible with
the surrounding buildings by the use hip roofs. The elevations should be viewed
as conceptual. Detailed plans will be reviewed by staff at the plan check phase
which will then be'submitted for Commission review.
Staff has some concern regarding the three-phase construction proposal. If this
plan is to be approved, the developer should provide the City with a precise
program work schedule. Each phase should be able to stand by itself in regard
to zoning, building and safety matters upon each completion. Also, provisions
should be presented to insure the health, safety and comfort of those residents
occupying the first phase while construction work continues on the site.
Parking accommodation should be assigned at two (2) spaces per unit and included
in the Covenants, Conditions and Restrictions (CC&R's). The extra visitor
spaces, located near the main entrance, should not be assigned.
The noise study found that interior noise criteria could be met without use of a
highway noise barrier. Non-opening windows and well-sealed doo~s can be
utilized to reach speci.fic limits..Recreational use of areas between the
development and freeway would not be feasible with this approach, and walls
would need to be constructed across building gaps to shield interior courtyard
areas.
The effect of existing and planned rail activity would require additional
insulation treatment than proposed in the study for units facing the southwest
boundary. Visual improvements for these units could be made by appropriate
landscaping at the boundary. Additional insulation treatment is also
recommended along the southeast boundary to prepare for a possible extension of
Newport Avenue and to mitigate noise from traffic entering and leaving through
the entry gate area.
Noise insulation criteria which must meet worst case noise conditions for the
potential intruding noise sources described above, are presented in Figure 1.
The values of Sound Transmission Class (STC) shown represent the minimum design
values which would not violate interior noise limits. They apply particularly
to windows and doors, and presumably would be met by proposed wall/ceiling
construction design.
Recomendatton
Through building arrangement and use of recommended mitigation measures, the
development can comply with the Noise Element of the Tustin Area General Plan
and the Noise Ordinance. The proposed project complies with all provisions of
the Planned Development District with the exception of open space requirements.
This application was noticed with a variance request for that purpose.
Corn munity Development Department
Use Permit 84-5
February 27, 1984
Page ¢
Staff therefore recommends the following:
1. Approves staff's finding of Negative Declaration for the subject project.
2. Approve Use Permit 84-5, including a variance, subject to conditions attached
in Exhibit "A".
Staff will present a resolution at your next meeting reflecting the Commission's
decision and necessary findings.
~i~an Warren
Senior Planner
AGW:jh
Attachments:
Development Review Summary
Fi gure 1
Exhibit "A"
Exhibit "B"
Project Plans
Community Development Department
Project:
Location/District:
Action:
DEVELOPMENT REVIEW SUMMARY
156-UNIT RESIDENTIAL CONDOMINIUMS
14851-14921 Newport Avenue/Planned Development
USE PERMIT 84-5
'Building:
Front Setback
Side Setback
Rear Setback
Gross Square Footage
Net Floor Square Footage
Height
; Number of Stories
Materials/Colors
Lot Size
Lot Coverage
Parking:
Number of Spaces
Ratio (space/square footage)
Percent of Compact Spaces
Type
Uses:
Number of Public Notifications (Owners):
Environmental Status
* No Standard
District Requirement Proposed
35' from
15' (arterial) cul-de-sac
5' 49'
* 49'
127,600 149,620 sq.ft.
*
None 37.5'
None 3
Not
Commission Review Determined
~7,000 +
* 5,150 sq. ft.
55% when adjacent to
permanent open space 58%
312 344
2/unit 2.2/unit
20% 9.3%
50% covered 50% covered
Multi-family Residential
Residential Condo
99
Application for Negative Declaration
Corn munity Development Department
De
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERIqIT 84-5
The Covenants, Conditions and Restrictions for this condominium project shall
be reviewed and approved by City Staff and City Attorney. prior to their
recordation. The CC&R's shall specifically dictate responsibilities between
the homeowners association and private property owners for the maintenance,
both interior and exterior, of all buildings, plumbing and electrical
facilities. The CC&R's shall also specifically prohibit the storage of
recreational vehicles within the complex.
A landscape and irrigation plan approved by the State Department of
Transportation shall be submitted for staff approval prior to landscaping the
Costa Mesa Freeway embankment as indicated on the approved project site
plan. A written commitment from Caltrans shall be submitted providing for
the long-term maintenance of the freeway embankment. If such commitment
cannot be obtained, the condominium homeowners association shall be
responsible for the embankment maintenance as provided in their recorded
CC&R's.
Included within this use permit is the proposed use of adjoining privately
held property and the Costa Mesa Freeway embankment for landscape and open
space purposes. Since portions of the aforementioned areas are located
within the City of Santa Aha, written authorization shall be provided the
City of Tustin from City of Santa Ana certifying conformance with Santa Aha
zoning regulations for the proposed property use, prior to issuance of any
City Building Permits for the subject condominium project. Additionally, the
project applicant shall initiate on behalf of the City of Tustin a
jurisdictional reorganization application with the County Local Agency
Formation Commission and pay all necessary processing fees. The City
boundary line between the cities of Tustin and Santa Aha shall be re-aligned
cotermtnius with the edge of pavement along the southerly side of the Newport
Freeway.
The final site plan fully dimensioned and detailed along with the final
building elevations fully dimensioned and detailed, shall be submitted for
Planning Commission final approval including consideration of the final color
scheme and architectural treatment of all building exteriors.
All open dirt areas of future phases shall be maintained free of weeds,
building materials and debris during construction of the project. Dust
retardant or seeding with grass shall be utilized to prevent airborne dust
and soil erosion.
The final site plan submitted for review and approval by the Planning
Commission shall be consistent with the illustrative site plan prepared and
submitted by Hogan, Ray Partners, Inc. for Planning Commission review. All
amenities sha.ll be substantially constructed including pools, spas, patios
and clubhouse. Landscape and driveway pavement treatments shall also be
constructed as indicated and an expanded driveway re-alignment shall be
incorporated to allow for more open space within interior open space area..
Corn munity Development Department
Exhibit "A"
Use Permit 84-5
Page 2
10.
11.
12.
Should security access gates be installed, all units shall be properly wired
to provide communication from the guard house to each unit..
The CC&R'$ shall contain restrictions against the conversion of garage spaces
to any other use except the storage of motor vehicles. The City shall be a
part of the CC&R's and any modification of the CC&R's concerning this
condition shall require approval by the City of Tustin.
Due to the minimal number of project parking spaces to promote usage of
single car garages for the storage of automobiles and not for storage or
conversion to living spaces, garage door openers shall be installed on all
garage doors.
The CC&R's and the Final Department of Real Estate report shall contain
disclosure statements concerning the following matters:
1. Potential Newport Avenue grade crossing to Edinger Avenue.
2. Potential noise impacts from high speed commuter trains on the
railroad tracks adjacent to site.
3. Noise impacts from existing Costa Mesa Freeway potential increases
in Newport Avenue road traffic.
4. Future buyers shall be made aware of the City's plans to either
extend Newport southerly to Edtnger Street with an at-grade crossing
of the railroad tracks or with a grade separation above' the tracks
(approximately 22 feet above existing ground level).
Environmental mitigation measures shall be required to reduce both exterior
and interior noise levels to conform with the interior requirements of the
City of Tustin Noise Ordinance. Said mitigation measure as recommended by
the City-retained firm of Engineering Sciences shall be included on the final
plans for approval by the Planning Commission. Such mitigation measures may
include construction of sound attenuation walls, increases in the quantity of
structural insulation and reduction of exposed glazing.
Noise attenuation measures shall be incorporated into the construction
drawings as indicated in Figure 1 and in the body of this Use Permit No. 84-5
report. Evidence of complying with value of Sound Transmission Class (STC)
as indicated on Figure 1 (plot plan) shall be required of the developer upon.
submittal of plan check drawings to the City Building Department.
All work within the public right-of-way will require a permit from the City
of Tustin Engineering Department.
community Development Department
Use Permit 84-5
Exhibit "A"
Page 3
13. Sanitation District, Water District, new development taxes, and parkland
dedication fees are to be paid to building permit issuance as follows:
1. East Orange County Water District fees in the amount of $500.00 per
unit.
2. County Sanitation District fees in the amount of $250.00 per unit.
3. New development tax fees in the amount of $73,800.
4. Parkland dedication fees in the amount of $39,000..
14. The final site plan shall be standardized and reflect all appropriate City
standard drawing numbers. The developer shall construct all missing or
damaged street improvements adjoining said development per the City of Tustin
"Minimum Design Standards of Public Works" and "Street Improvement
Standards". This work shall consist of but is not limited to:
1. curbs and gutters;
2. sidewalks;
3. drive aprons;
4. street pavement;
5. street trees;
6. street lights; and
7. sanitary sewer facilities.
15.
The e~try drive shall be revised to ~onform to City of Tustin Standard Plan
No. 108E. This radius type drive requires dedication of additional
right-of-way as shown on said Standard Plan.
16. Continuous 6" concrete curbs shall be provided to separate landscape planters
from parking spaces and drive aisles.
17. All roof equipment and vents must be screened from view to the satisfaction
of City Staff.
All signs must be approved by the Planning Department prior to permit
issuance.
19. Separate permits are required for plumbing, electrical, grading, signing and
any worx performed within the public right-of-way.
20.
A looped domestic water system and easements shall be provided per the
requirements of the City Engineer. If this water system is phased, the first
phase shall be sized for a dead end system.
A minimum of 4-5 water meters will be required depending on the building and
plumbing layout.
Separate meter(s) will be required for the landscape irrigation system.
Community Development Department
Use Permit 84-5
Exhibit "A"
Page 4
21. The developer shall provide the City with a construction schedule of project
phasing which will include the following:
1. Time schedule for the anticipated commencement and completion of
each phase.
2. List of all community facilities to be completed in each phase.
Each phase must satisfy all zoning, building and safety requirements
and said requirements must be completed prior to final release of
any structure.
3. Construction program which will insure the health, safety and
comfort of those residents occupying the initial phases while
construction work continues on the site.
22. All required public improvements and Newport Avenue setback landscaping shall
be completed prior to the release for occupancy of phase one.
23.
During all phases of construction, the project shall institute accepted
grading measures to control sedimentation runoff into the upper Newport Bay
drainage area. '~
24.
The trash receptacle locations appear to provide adequate maneuverability for
the refuse disposal truck. The developer shall provide the City a letter
from S.C.A Disposal Service approving the locations and their ability to
service the development.
25. Tentative and final tract maps must be submitted for review and approval.
26. Dedication of all street right-of-way along Newport Avenue as required by the
City Engineer.
27. Dedication of all access rights to Newport Avenue to the City except at
driveway openings per the approved site plan.
28. Preparation of a final grading plan for review and approval by the City.
29.
Annexation of the entire parcel to the Orange County Street Lighting and
Maintenance District. Subject annexation papers must be provided to the City
prior to final approval of final tract map.
30.
Installation of marbelite street lights with underground conduit along
Newport Avenue as required by the City Engineer along with the payment of the
installation charges to the City of Tustin.
31. Grading plans and soils report by state registered civil engineer are
required.
32. Indicate the building data on the plans to be as follows:
Use or occupancy R-1
Type of construction - Type ¥-IHR
Corn munity Development Department
Use Permit 84-5
Exhibit "A"
Page 5
33.
34.
35.
Check and show allowable areas of the buildings per Chapter 5 of the UBC and
the protection of openings between buildings.
Revise plans to show floors above the second story shall have no less than
two exits pursuant to Section 3302 of UBC.
Prior to the completion of an application for building permits for
combustible construction, evidence that a water supply for fire protection is
available shall be submitted 'to the County Fire Marshal.
36. Entrance shall be designed to permit emergency vehicle operators to negotiate
turn for enteriflg and exiting in one motion.
37. To facilitate adequate maneuvering area for the five visitor spaces at the
main entrance, the driveways shall be enlarged to 25' by reduction of the
width of the median planter.
Corn munity 1Development Department
I I1
I--
I--
Report to the
Planning
Commission
NEW BUSINESS
FEBRUARY 27, 1984
SUBJECT: Final Tract 11752
APPLICANT: David Jeffers
LO~ATION: 1971Ren Circle
ZONING: R-2 (Duplex-Family Residential)
REQUEST: Create a one-lot subdivision for condominium purposes
Background & Discussion
The subject map is a one-lot subdivision consisting of 7,735 square feet which
is located at 1971 Ren Circle. This property is being subdivided for
condominium purposes for an existing duplex. The proposed map is in conformance
with the Tustin Area General Plan.
Tentative Tract 11752 and Use Permit 82-18 were approved by the Planning Agency
and City Council on July 19, 1982 for this condominium project of two units.
The final map is in substantial compliance with the tentative map.
Rec~mendatton
Recommend approval of Final Tract Map 11752 to the City Council by the adoption
of Resolution No. 2139.
MAC:ih
Attachments:
Resolution No. 2139
Tentative Map
Final Map
Community Development Department
1
2
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
RESOLUTION NO. 2139
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL
OF FINAL TRACT NO. 11752 LOCATED AT 1971 REN CIRCLE
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That Final Tract Map No. 11752 was submitted to
the Planning Commission pursuant to Ordinance No. 847 as
a one-lot subdivision for condminium purposes for two
units for the parcel known at Lot 11 of Tract 5997 as
filed in Book 226, Page 41 of Miscellaneous Maps in the
County of Orange, California.
B. That the said map is in conformance with the Tustin
Area General Plan.
C. That said map is categorically exempt from the
requirements of the California Environmental Quality
Act.
D. That the Final Map is in substantial compliance with
the Tentative Map.
II.
The Planning Commission hereby recommends to the City
Council approval of Final Tract Map No. 11752 subject to
the final approval of the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Planning Commission
of the City of Tustin held on the 27th day of February, 1984.
Janet Hester
Recording Secretary
James B. Sharp, Chairman
28
,~o~- ~CT NO 117.52
O.178 ACRES
IN ~E ~,, Y' QE ~S?I~,~:~GE C~N~. CAL. jRNIA
Report to the
planning
Commission
STAFF CONCERNS NO.1
FEBRUARY 27, 1984
SUBJECT: Report on Council Actions -February 21, 1984
Oral presentation to be given by Donald D. Lamm, Director of Community
Development
/ih
Attachments: City Council Action Agenda - February 21, 1984
Community Development Department
A 'ON A6ENOA OF A
OF THE THSTI# CITY COUNCIL
February 21, 1984
7:00 P.M.
7:01
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
AU. PRE,MT II. ROLL CALL
EXCEPT NOESTEREY
MARK AINSLIE III. PUBLIC INPUT
SI=~KE IN OPPOSITION TO OROINANCE NO. 9(Xi ANU R[QUESTED THAT THE GUEST PARICING BE ET-THEN 1 SPACE
FOR 5 UNITS OR 1 SPACE FOR 4 UNITS
IV. PRESENTATION
DAVID EDGAR PRESENTEi) THE 1. TUSTIN JAYC£ES FOR COUNCIL PARTICIPATION IN THE TILLER DAYS
COUNC/.L Wll'tl Pt'IJTER ENGRAVED PARADE
CUPS FOR THEIR PARTICIPATION IN THE 'TUSTIN TILLER DAYS PAiUU)E, R~PORTED THE SECOND ANNUAL
PRAYER BREAKFAST WILL BE ~ORIL Z6TH AT 7:30 A.M. AT THE REVERE It)USE, All) GAVE THE COUNCIL
TIC)CETS TO THE MXSS 1USTIN PAGEANT FOR MARCH 3RD.
V. PUBLIC HEARING - None
VI. CONSENT CALENDAR
APPI~)VED Will( CORRECTION 1. APPROVAL OF MINUTES - February 6, lg84
ON GE 6 UNUER NEW BUSINESS NO. 4, PAR~3IU~N 2, LINE 5, W)ITC)i S~IOULO BE "PLAN I-N55 to N5 ANO
AL" '~IATIYE III ," I#STF. N) OF "OR AL~I'IYE III.'
AiIi..,UYED 2. RATIFICATION OF PAYROLL in the amount of $105,676.07
APPROVAL OF DEMANDS in the amount of $679,965.38
ADOPTED RESOLUTION 3.
NO. 84-23
RESOLUTION NO. 84-23 - A Resolution of the City Council of the
City of Tustin, California, APPROVING DESTRUCTION OF CERTAIN
RECORDS OF THE OFFICE OF THE CITY CLERK
Adoption of' Resolution No. 84-23 as requested by the City
Clerk.
~P~V~ gAFF
RECOI~ION
SE1-FLEMENT OF CLAIM OF JUAN ZUNIGA V. BENNY USTARIZ AND CIl~ OF
TUSTIN; CLAIM NO. 81-18
Settlement of subject claim as recommended by the City
Attorney.
APP~Y~ gAFF 5.
RE~I~14END~ZON
REJECTION OF CLAIM OF CANDY ELAINE CONNORS; DATE OF LOSS:
12-20-83; DATE FILED: 12-21-83; CLAIM NO. 83-42
Rejection of subject claim as recommended by the
Attorney.
City
AI~ROVED STAFF
RECOFI~NOATION
6. MISDEMEANOR PROSECUTION CDNTRACT WITH OFFICE OF THE DISTRICT
AI'~ORNEY
Authorize the Mayor and City Clerk to execute subject
contract.
CITY COUNCIL ACTION AGENDA Page 1 2-21-84
Al)O~ll~ R~S~.UTIOM 7.
NO. 84-~0 )4Ill(
THAT ~ T~ IS
APPROVED STAFF 8.
RECOI~'gD~TION
~''OLUTION NO. 84-20 - A Resolution of the C. ity Council of the
C..y of Tusttn, California, AP~ lING SPEC[F[CATIONS FOR THE
HEATING, VENTILATING, AND AIR CONDITIONING MAINTENANCE PROGRAM
AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS
Adoption of Resolution fiD. 84-20 as reco,waended b~ the
Engi neert ng Department.
RELINQUISHMENT OF VEHICULAR ACCESS RIGHTS TO RED HILL AVENUE -
TRACT NO. 77Z1
Authorize the Mayor to execute subject Quitclaim Deed to the
owner of Lot lO, Tract No. 7721, for the relinquishment of
access rights to Red Hill Avenue as recommended by the
Director of Public Works/City Engineer.
APPROVED STAFF
RECO~ATION
ADOPTED RES~UTIO~ 10.
NO. 84-Z2
Ab ,TED RESDUITION
i1.
DECLARATION OF SURPLUS ITEMS
Determine that the two vehicles, as detailed in subject
report, are not required for public use and that they both be
declared as surplus 'items as recommended by the Director of
Public Works/City Engineer.
RESOLUTION NO. 84-22 - A Resolution of the City Council of the
City of Tusttn, California, ESTABLISHING ¥OTING PRECINCTS AND
POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING
COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF SAID CITY ON
TUESDAY, APRIL 10, 1984, HERETOFORE CALLED BY RESOLUTION NO.
83-105 OF THE CITY COUNCIL
Adoption of Resolution No. 84-22 as recommended by the City
Clerk.
RESOLUTION NO. 84-21 - A Resolution of the City Council of the
City of Tustin, California, ADDING A CO~tMODITY ADJUSTMENT CHARGE
TO THE WATER SERVICE PATES
Adoption of Resolutlon No. 84-2! as recommended by the City
Manager.
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION
SET WORKSHOP ON THIS 1.
OROIgJUICE FOR NKR~H 5, AT
5:30 P.R. IN ~ ~FE~NCE
ROON
ADOPTED OROINANCE RO. gO6
Will4 REVISION OF I GUEST
PARKING S~ACE FOR EVERY 4
UNITS
ORDINANCE NO. 905 - An Ordinance of the City of Tustin,
AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO
SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER
OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED
CABLE OF SOUTHERN CALIFORNIA, LTD.
M. O. - That Ordinance No. 905 have second reading by title
only.
M. O. - That Ordinance No. gO5 be passed and adopted.
(Roll Call Vote)
ORDINANCE NO. 906- An Ordinance of the City of Tustin,
California, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE
CONCERNING MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS FOR
NEW CONSTRUCTION
M. O. - That Ordinance No. 906 have second reading by title
only.
M. O. - That Ordinance No. 906 be passed and adopted.
(Roll Call Vote)
CITY COUNCIL ACTION AGENDA Page 2 2-21-84
NO. -19
OLD BUSINESS
RESOLUTION NO. 84-1g - A Resolution of the City Council o~ the
City of Tustin, California,. RELATING TO THE CAMPAIGN REFORM
LEGISLATION
Pleasure of the Council.
X. NEW BUSINESS
APPROPRIATEO $6,000 FOR 1. TILLER DAYS STREET FAIRE REQUEST
S'TllELrT FAIRE ~ APPRO¥~]) )I)VIIIG Pleasure of the Council.
F~LIRE TO (2)I.U)I)US TUSTIN PARK
AIq~ROYED SUPPORT OF llllS 2. SENATE BILL 617
BILL Pleasure of the Council.
AOOPllm RESOLUTION 3.
NO. 84-24
XI. REPORTS
RESOLUTION NO. 84-24 - A Resolution of the city Council of the
City of Tustin, California, APPROVING SPECIFICATIONS FOR THE
REMOVAL AND ~PLACEMENT OF CARPi'TING IN THE CITY HALL COMPLEX
AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS
Adoption of Resolution No. 84-24 as recommended by the
Director of Public Works/City Engineer.
RECI:'IYED AND FII. EO 1.
REt VEl) AND FILED
PLANNING COMMISSION ACTIONS - February 13, 1984
All actions of the Planning Commission are
appealed by the City Council.
final unless
FALL 1983 QUAJ~TERLY REPORT OF THE COMMUNITY SERVICES OEPART-
MENT. '
Receive and file.
STAk~F TO XII. OTHER BUSINESS
SE)iD Lk-I'rER OF THANKS TO RITA R. R~ FOR HER LETTER AND SERVICES RErm%RI)ING "COI~UtlITY ACTION
$ENIIt~R FOR DRUG ABUSE PR~'VlgI~ON' AT U.S.C. ON FEBRUARY b'llt.
STAFF TO M0#ITOR TAKE OFF PATII[IUIS USED BY dOHN ~JRYNE AIRCRAFT TO HAKE SURE PATTERMS OD NDT
CHANGE .aJ(O TO SEll} LETTER TO FAA REGAffi}ING PROBLEMS.
ROURICE TO MONITOR COURT ACTION REGAIH)ING BANNING OF FIREWORKS.
STJU:Ir TO SEND LEI'II[R TO IIJSTIN RUTARY CLUB ~l#G THEI~ FOR FANTASTIC JOB OF BONORI#G SEIlIOR
CITIZENS.
8:05
XlII. ADOOURNMENT - In memory of Eugene Thomas to the Redevelopment Agency
meeting, thence to a Workshop regarding Cable Franchise on
March 5th at 5:30 p.m., and thence to the next regular meeting
on March 5, 1984, at 7:00 p.m.
CIl~f COUNCIL ACTION AGENDA Page 3 2-21-84
All i AGI~A OF A R~GULAR HELrrlN6
THE lllSTIN RIB)EVELOPMI~iT AG~CY
7:00 P.H. '
8:05 ).. CALL TO ORDER
ALL 2. ROLL CALL
PRESI~NT ID(.CEPT NOESTEREY
APPROVED 3. APPROVAL OF MINUTES of February 6, 1984.
APPROVED
STAFF
RECOI~HDAT~ON
DESIGN REVIEW, BUILDING ELEVATION MODIFICATION
Plaza Drive)
Receive and file.
(Lewis Prooerttes, Inc., 14772
APPROVED
STAFF
RF..081~NDAT~ OR
DESIGN REVIEW - USE PERMIT 84-1 (Shelton Construction Company, 14311 New~ort
Avenue and 17361 McFadden Avenue)
Approval of the site and architectural design as approved by the
Planning Commission with conditions contained in Exhibit "A" of subject
report as recommended by the Community Development Department.
P. ECEI VEI) 6.
AN 'ILED
DESIGN REVIEW AUTHORITY OF THE REDEVELOPMENT AGENCY
Rec ei ye and file.
#ONE 7. OTHER BUSINESS
8:08 8. ADJOURNMENT - To the next regular meeting on March 5, 1984 at 7:00 p.m.
REDEVELOPMENT AGENCY ACTION AGENDA Page 1 2-21-84
Report
to the
Planning
Commission
FEBRUARY 27, 1984
SUBJECT: Orange County Transportation Commission - 15-Year Improvement Plan
The Orange County Transportation Commission was, invited to present a program on
the 15-Year Improvement Plan which is to be presented to the voters June of this
year.
When the Board of Supervisors officially placed the item on the ballot, the
Commission ceased making presentations regarding the plan. As a result, the
Planning Commission offer to present a program at the March 12, lg84 meeting was
not accepted.
Senior Planner
AGW:jh
Community Development Deg)artment