Loading...
HomeMy WebLinkAboutCC RES 89-1022 10 11 12 13 14 15 1(; 17 18 19 20 21 22 23 2,5 27 28 RESOLUTION NO. 89-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING A DEVELOPMENT PLAN (USE PERMIT 89-21) FOR A RETAIL CENTER ON A SITE IN PLANNED COMMUNITY COMMERCIAL DISTRICT (PC-C) FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NEWPORT AVENUE AND MAiN STREET, 13662 NEWPORT AVENUE. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows' Ae Be That a proper application, Use Permit No. 89-21 has been filed on behalf of Champion Development requesting approval of a development plan for a retail center totaling approximately 18,200 square feet located at 13662 Newport Avenue on property legally described as Assessor Parcel numbers 500-171-1 through 3. , A public hearing was 1989 and on July 17, duly called, noticed and held on June 26, 1989. Ce 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 applied for is in conformance with the requirements of the Tustin General Plan. 2. The use applied for is in conformance with the requirements of the Tustin Zoning Code. 3. The project has been designed to be compatible with the area. architecturally 4~ The proposed development conforms wi th the gui delines for development of Planned Community properties as established by. Planning Commission No. 2411. established Comme rc i a 1 Resolution That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property' and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Resolution No. 89-102 Page two Ee Fe Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official and State of California, Fire Code as administered by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. A negative declaration has been filed in conformance with the California Environmental Quality Act. 10 11 12 13 14 1(; 17 lS 1(,) 20 21 Ge Final development plans shall require the review and approval of the Community Development Department. The City Council hereby approves Conditional Use Permit No. 89-21 approving the development plan for a retail commercial center at the southeasterly corner of Newport Avenue at Main Street, 13662 Newport Avenue, subject to all conditions contained in Exhibit A attached hereto and hereby repeals all conditions established by Planning Commission Resolution No. 2635. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of July , 1989. ~ --_- ....... ~ m . , .~~~' E. Wynn Clerk 24 25 26 [FrSUl a E j- Ke 6n'e Mayor ii GENERAL (1) 1.1 (1) 1.2 (2) 1.3 * 1.4 (8) EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 89-21 RESOLUTION NO. 89-102 The proposed project shall substantially conform with the submitted site plan and development plans for the project date stamped July 17, 1989 on file with the Co~nmunity Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this exhibit. Submitted plans constitute the approved development plan and, except as modified herein, shall not be modified without prior approval of an amendment to this Use Permit. Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of a building permit for the project, subject to review and approval by the Comnunity Development Department. All conditions of Planning Commission Resolution No. 2635 are considered null and void. Parking for the proposed commercial center shall be maintained as fol lows' i parking space per 200 square feet of retail use. I parking space per 3 seats for restaurant uses. The uses authorized by the approval of Use Permit 89-21 are as follows' a · bo ce A minimum of 75% of the building floor area shall be devoted to retail sales establishments. The type of uses allowed in the project shall substantially conform to those uses authorized in the C-2 Zoning district except for those uses specifically prohibited in this resolution. All uses which require a Use Permit as listed in the C-2 zoning district will also require a conditional use permit for this site. Prohibited Uses: Medical, dental and/or chiropractic offices, auto repair or retail auto parts sales or installation, schools or training facilities, laundromats, convenience or liquor stores, arcades, or other gaming establishments. These uses are prohibited to ensure compatibility of land uses with the adjacent residential properties, ensure compliance with the parking requirements listed herein and to comply with the requirements of Planning Commission Resolution No. 2411. SOURCE CODES · (3) (4) STANDARD COND I T I ON ENVIRONMENTAL MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTION (5) SPEC IF IC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC/ POLICY Exhibit A Resolution No. 89-102 Page two. * 1.5 Use permit approval shall become null and void unless all building permits for the project are issued within one year of the date on this exhibit and substantial construction is underway. 1.6 The applicant shall execute and file an agreement with the Public Works department a§reeing to maintain all landscaping in the public parkways adjacent to the site. 1.7 A covenant agreement to hold the parcels together prepared and reviewed by the Community Development recorded against the subject properties prior to structural building permits for the project. as one shall be Department, and issuance of any 1.8 The southerly handicap parking spaces shall be moved further north on the site to avoid vehicle stacking problems. (2) 1.9 The applicant shall obtain approval from the South Coast Air Quality Management District and prepare any plans in accordance with Regulation 15 prior to issuance of a Certificate of Occupancy for the building. GRAD.! NG./..DRAImN.A. GE,/PUBL]:C WORKS 2.1 At buildin§ plan check, submit prior to issuance of building permits as fo 11 ows: (3) A. Construction plans, structural calculations, and title 24 energy calculations shall be submitted for all improvements. Requirements of the Un i form Bui 1 ding Codes, St ate Handi cap and Energy Requirements shall be complied with as approved by the Building Official. Plans should reflect architectural details and elevations for all structures, walls, enclosures and any other construction level drawings necessary to accurately reflect all proposed construction. (3) B. Provide preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) C. Provide technical drawings for electrical, installation. plumbing and mechanical Exhibit A Resolution No. 2635 Pa ge t h ree (3) D. (3) E. (1) F. G. (6) (6) * (6) * (2) (].) Final grading and speci-fications consistent with the site plan and the Orange County Surveyor's Bench mark datum and prepared by a .registered civil engineer for approval of the Community Development Department. A precise soils engineering report provided within the previous twelve (12) months. by a soils engineer Presentation of a sedimentation and erosion control plan for all construction work related to the subject parcel including a method of control to prevent dust and windblown earth problems. The plan shall be reviewed and approved prior to rough grading of the site. Information, plans all to' lo and/or specifications to ensure satisfaction of Public Works Department requirements including but not limited Dedication of all required street vehicular access rights, sewer easements and water easements defined and approached as to specific location by the City Engineer and other responsible agencies. e The construction of any new on-site fire hydrants will require a detector check within an easement per City Standard No. 129. A legal description and sketch of the easement areas along with a copy of the latest vesting for this property shall be submitted to the Engi neeri ng Di vi si on for review and preparation of an easement deed. Said deed must be executed by the property owner prior to any approvals/permits from the Engineering Division. ® Construction or replacement of improvements will be required limited to the following' all and mi ssing or damaged public shall include but not be a · he Curb and gutter Sidewalk Wheelchair ramp A.C. pavement Street lights Domestic water service Fi re hydrant/fi re service (if required by O.C. Fi re Marshal) Sanitary sewer lateral 0 Separate street improvement plans (24" x 36" sheet) are required for all work within the public right-of-way and all construction items referenced to the City Standard drawing n ul~be r. Exhibit A Resolution No. 89-102 Page four (6) (6) (6) * 2.2 5~ If a detector check is required, it will need to be constructed behind the right-of-way line within an easement to the City per Standard Plan No. 129. e All ingress/egress via Main Street driveway shall be limited to right turn movements only. e Applicant shall be responsible for pavement markings along Main Street to accomodate the channelization which will prohibit left turn movements to and from the Main Street driveway. All pavement marking will be subject to review and approval by the City Engineer. Be Clear sight triangles access drive. In vegetati'on between 3' installed. 20' x 20' shall be maintained at each particular, no landscaping signs or and 8' above the gutter line shall be ge The northerly access drive shall be reoriented to a 90° angle. The applicant shall comply with all requirements of the Orange County Fire Marshal, including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department, Tustin Water Works and compliance with all requirements pertaining to construction as follows' le Prior to issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshal. The applicant shall also submit water improvement plans for approval of the Fire Marshal. e All required Orange County Fi re Department signs shall be posted and designed in accordance wi th the Orange County Fi re Department requirements. e Prior to the issuance of any building permits, plans for commercial fi re extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. Any underground gasoline tanks shall be removed and any toxic soils or substances removed from the site in accordance with the County of Orange Hazardous Materials Division requirements, prior to issuance of building permits. Exhi bit A Resolution No. 89-102 Page five * 2.3 e ® ® e In addition to restricting left turn movements on the Main Street access, certain pavement markings, signs and street improvements shall be installed as determined by the City Traffic Engineer as follows- 1'. The northerly access drive shall be realigned to a 90° angle access. e Installation of "DO NOT BLOCK INTERSECTION''~ signs at the Newport Avenue and Andrews Street intersection are required. A minimum of two "NOT A THROUGH STREET" signs shall be po-~ted on Andrews Street. The actual number and locations of these signs shal-1 be determined by the traffic engineer. All signs shall be posted prior to building permit issuance and the cost for these signs.shall' be paid for by the developer by filing a cash deposit in the appropriate amount for such improvements with the City Public Works Department. Red curbs shall be installed along NeWport Avenue from the second driveway south of Andrews Street (professional office building entryl up to the northerly access drive on Main Street (project entry on Main). Additionally, red curbing along the north side of. Andrews Street between the easterly project property' line to Newport Avenue shall be installed. The traffic engineer shall determine whether or not some limited parking will be provided on the north side of Andrews Street either for vehicle loading purposes (maximum 20 minute parking) or unlimited parking. All red curbing shall be installed prior to issuance of a certificate of occupancy and all costs for the work shall be paid for by the developer by filing a cash deposit in the appropriate amount for such improvements with the City Public Works Department. "KEEP CLEAR" markings and 12 inch wide boundary bars shall be placed o.n the north and south bound lanes on Newport Avenue prior to building permit issuance and the cost for such shall be the responsibility of the developer by filing a cash deposit in the appropriate amount for such improvements with the City Public Works Department. The applicant shall provide a construction traffic routing plan to the City Public Works Director for review and approval prior to issuance of building permits. To ensure that the proposed traffic enhancements are effective, the Publ i c ~,~orks Department shal 1 review the t raffi c patterns periodically to determine whether or not illuminated caution lights or signs are needed to protect the left turn movements at Andrews Street. Periodic police enforcement of the "Keep Clear" signs may also be required if determined to be necessary by the Traffic Engineer. Any required 'improvement costs shall be the responsibility of the developer and security shall be posted in the appropriate amount for such improvements with the City Public Works Department for a period of two years from the date a Certificate of Occupancy is issued for the project. Exhibit A Resolution No. 89-102 Page six NOISE ,m - (1.) (2) 3.'1 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all required fees including' A® B~ D~ E · Major thoroughfare and bridge fees to Tustin Public Works Department. Sanitary sewer connection fee to Orange County Sanitation District. Grading plan checks and permit fees to the Community Development Department. All applicable Building plan check and permit fees to the Con~nunity Development Department. New development fees to the Community Development Department. School facilities fee to the Tustin Unified School District.. S I TE AND BU I LD I NG COND I TI ONS L iii i! ...... (1) 5.1 (4) All improvements, materials and colors shall substantially conform to the approved plans, date stamped July 17, 1989 any changes shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (4) 5.2 The actual finished textures on proposed pre-cast concrete columns shall be subject to review and approval of the Community Development Department. In the event the pr'oposed treatment is unacceptable, the Community Development Department may require that the columns be stuccoed to match the building. Exhibit A Resolution No. 89-102 Page seven (1) 5.3 (4) (1) (].) (4) (].) (3) (4) (4) (4) The exact color and stucco finish to be utilized on exterior building walls, and the color on window frames shall be subject to approval of the Director of Community Development. The Community Development Department would suggest lighting up exterior wall elevation colors in a slightly lighter shade in the earthtone range. 5.4 Note on plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles and shall be locked during non-construction hours to prevent theft and unauthorized entry. 5.5 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of buildings. All telephone and electrica.1 boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project and shall not be located in any landscaping setback and adjacent to street. 5.6 Submit detail for all on-site walls to be contructed by developer. Show type of wall cap and color, exterior materials and decorative treatment of.all exposed walls. Design of walls/fences shall be subject to final approval of the Community Development Department and should be consistent with main building treatments. 5.7 Provide details on lighting scheme for project. Note final locations of all exterior lights. All lighting fixtures shall be of ornamental design and shall be located or designed so to direct rays of light so they do not shine on adjacent properties. 5.8 Provide structural details, colors and materials The trash enclosures shall be architecturally buildings and shall have solid metal gates. for trash enclosure. treated to match the 5.9 All roof drains shall be internal and not visible on building elevations. All roof drains shall be designed so that run-off is properly drained into concrete swales. 5.10 Note on plans that utilities serving site to be underground. Show all above ground locations for meters, transformers, manifolds and details for screening. Transformers shall not be permitted within setback areas. 5.11 An aCcess agreement reviewed and approved by the City and recorded wi. th the easterly property owners shall be approved and recorded on the deeds to the properties prior to issuance of building permits. A routing plan for the residents' interim access during construction shall be provided prior to issuance of building permits. Exhibit A Resolution No. 89-102 Pa ge eight (3) 5.~2 A complete, detailed project sign program including design, location, sizes, color, and materials shall be submitted for review and apProval by the Department of Community Development. The sign program shall, include project identification, addressing and directional signs to direct autos to proper access, parking and loading and include any traffic restrictions. Any freestanding signs shall be limited to one monument sign, maximum 6 feet in height consistent with architecture for the project. All other signs shall be in accordance to the Tustin Sign Code Section 9494. 5.13 The freestanding sign shall provide the name and address of the center. Address numerals shall be prominently displayed and be a minimum of 6" in height. 5.14 No signs will be'permitted on the east facing building elevation. 5.15 Any mailbox detail shall indicate color and exterior treatment and design shall be consistent with exterior building design subject to approval of the Community Development Department and the Postal Service. L. ANDSCAP.!..NG.,.. GROUNDS_ AND .HARD.SCAPE .ELEMENTS (7) 6.1 At final plan check a completely detailed landscape and irrigation plan must be submitted for landscaping with whatever scale necessary to depict adequately what is occurring. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botantical and common names, sizes, spacing, actual location and quality of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan ..check. Note on landscaping plan that coverage of landscaping is subject to field inspection at project completion by the Community Development Department. (7) 6.2 The submitted landscaping plans at plan check must reflect the following requirements · a) Turf is unacceptable for grades over 25%. A combination of planting materials must be used, ground cover on large areas alone is not A minimum 30" high earthen berm shall be provided along the Newport Avenue, Andrews and Main Street frontages wherever possible or alternative planting screening materials subject to approval of the Community Development Department. (7) 6.3 All newly planted trees shall be staked according to City standards. (7) 6.4 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 2 feet on center when intended as screen planting. Exh~ bit A Resolution No. 89-102 Page ni ne (7) 6.5 Ground cover shall be planted at 8 inches on center. (7) 6.6 When I gallon plant sizes are used the spacing may vary according to material s used. (7) 6.7 Up along fences and/or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on the northerly facing building frontage. (7) 6.8 Note on plans that all plant materials shall be installed in a healthy vigorous condition typical to the species. Also note that all landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. (7) 6.9 In irrigation areas, controller to be enclosed in lockable Design irrigation systems to provide sufficient coverage as avoiding water overspray on buildings and sidewalks. Note requirement to be on plan check drawings. housing. wel 1 as of this (7) 6.10 All landscaped planters shall be contained by a minimum 6" high concrete curb. 6.11 Indicate details, colors, textures and materials for all paving and exterior walkways. Provide entry driveway treatments to enhance entrances to project utilizing colored interlocking pavers. Brick treatments should also be designed and integrated into exterior walkways on the project site (not in the public right-of-way) to create a reinforced pedestrian corridor that is more decorative. Concrete utilized on the walkways should also be integrally colored to improve appearance over time. 6.12 The landscape plan for the project shall be modified to incorporate the conditions contained and as follows' a · A minimum of four additional tree wells and trees shall be provided in the parking area to accommodate City's landscapin§ requirements with location subject to approval of the Director of Community Development. be Please note that buildings shall be complimented by appropriately scaled landscaping. Please provide an upgrade of the palm species type to the same scale and species type utilized on the Tustin Plaza project across Newport Avenue. C · Steel pipe guards shall be decorative and subject to approval of the Co~m~unity Development Department as to location and design. LCK'CAS' pef City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 89-102 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 89-102 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the !7th day of July, 1989, by the following vote: . COUNCILMEMBER AYES: Kennedy, Edgar, Hoesterey, Kelly, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Valerie Whiteman~ .... DePuty 'Ci{y'Cl&rk for Mary E. Wynn, City Clerk ,r'3:: '. ,..