HomeMy WebLinkAbout04 DR 06-004
Report to the
Planning Commission
ITEM #4
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DATE:
SUBJECT:
AUGUST 28, 2006
DESIGN REVIEW 06-004
PROPERTY
OWNER!
APPLICANT:
STRATA TUSTIN, LLC
C/O STRATA PROPERTIES
4770 VON KARMAN AVENUE
NEWPORT BEACH, CA 92660
ATTN: JEFF MAYHEW
LOCATION:
14111 NEWPORT AVENUE
ZONING:
PLANNED COMMUNITY COMMERCIAL
ENVIRONMENTAL
STATUS: THIS PROJECT IS STATUARY EXEMPT PURSUANT TO
SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
REQUEST:
AUTHORIZATION TO BUILD A ONE-STORY COMMERCIAL
RETAIL BUILDING 2,808 SQUARE FEET IN AREA
APPROXIMATELY FOUR (4) FEET FROM THE EXISTING
NEWPORT AVENUE RIGHT-OF-WAY WITH NINE (9) ON-SITE
PARKING SPACES
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4033 denying the request to
construct the proposed retail building at four (4) feet to the property line along Newport
Avenue.
That the Planning Commission adopt Resolution No. 4034 directing the applicant to
work with staff redesigning the site to meet the required development standards.
BACKGROUND
The project site is 8,164 square feet and located at the northwest corner of Newport
Avenue and Mitchell Avenue within Newport Avenue's commercial corridor south of the
Interstate 5 Freeway. On January 17, 2006, the applicant submitted plans for
development of the site with an approximately 2,800 square foot retail building located
approximately four (4) feet from the property line along Newport Avenue. Construction
of a retail building within a commercial district is typically reviewed and approved by
Planning Commission Report
DR 06-004
August 28, 2006
Page 2
staff. Staff reviewed the request and required a ten (10) foot irrevocable offer of
dedication along Newport Avenue for future street-widening consistent with The Tustin
General Plan and a twenty (20) foot setback from Mitchell Avenue right-of-way for
parking stalls. The applicant is not desirous of providing the dedication and the setback
and requested that the Planning Commission consider his request to allow construction
of the retail building at the proposed location. In accordance with Tustin City Code
Section 9272, consideration of this design review has been deferred to the Planning
Commission.
The project was originally scheduled for the August 14, 2006 meeting of the Planning
Commission. The applicant was unable to attend the meeting and the request was
continued to the August 28, 2006 meeting.
Site and Surrounding Properties
The site is located within the Planned Community Commercial (PC-C) zoning district
and Community Commercial General Plan Land Use Designation. The site is bounded
by commercial uses to the north, south and east and residential uses to the west
(Attachment A - Location Map).
DISCUSSION
The project is the residual parcel of a commercial area between the 1-5 Freeway and
Mitchell Avenue and is currently developed with an approximately 1,200 square foot
office building that was converted from a residential use in 1982. The office building is
currently vacant and the applicant is proposing to redevelop the site with a 2,800 square
foot retail building. The adjacent northerly commercial site included a comprehensive
planned community with two phases that was approved in January 8, 1990 (Attachment
B - Resolution No. 2731). The initial phase which included a drive-through Carl's Jr.
and a multiple-tenant commercial building along the freeway was completed in early
1990s. The second phase of the project was recently approved and constructed by
Strata Properties which includes an approximately 10,500 square foot multiple-tenant
building.
The original conditional use permit approval did not have an expiration date for the
entitlement, included more lenient parking standards for commercial development
(1/250 instead of 1/200), and since at that time Newport Avenue was classified as a
Primary Arterial on the City's Circulation Element and the County MPAH, required no
dedications along Newport Avenue. The development standards applicable to the initial
phase were honored with entitlement of the second phase of the project. However,
since the project site (14111 Newport Avenue) was under separate ownership at the
time and not included in the master site plan, the entitlement would not be applicable to
this site.
Planning Commission Report
DR 06-004
August 28, 2006
Page 3
Site Plan/Access
The applicant is proposing to situate the building at the corner of the site to create a
focal point for the center. Access to the site is provided from Mitchell Avenue and
Newport Avenue through the adjacent commercial site. Nine (9) standard parking
spaces are proposed on the westerly portion of the site including a disabled stall with a
loading area (Attachment C - Submitted Plans). Based on the approved parking ratio
for this site (1/250), a total of eleven (11) parking spaces would be required. Since the
on-site parking spaces are deficient to satisfy the parking requirement, the applicant is
proposing to record a reciprocal access and parking covenant in order to use two (2) of
the four (4) excess parking spaces provided on the adjacent site. In addition, the trash
enclosure on the 14071-14091 Newport Avenue site also will be jointly used. A
reduction in the number of off-site parking spaces is subject to approval of a joint-use
parking approval by the Zoning Administrator which can be considered when the site
plan design is finalized (Tustin City Code Section 9271aa).
With the proposed site plan, the first parking stall along Mitchell Avenue is located nine
(9) feet from the property line. The City's Parking Design Standards require a minimum
twenty (20) foot setback for the first parking stall. The proposed site plan does not meet
that requirement and the applicant has requested a deviation from the standard since
the current configuration of the parking lot is similar to the proposed design.
To provide for safe ingress and egress into this parking space and to maintain adequate
on-site circulation, this requirement has been adhered to for new development and staff
believes that reducing this standard to nine (9) feet could jeopardize on-site circulation
and safety.
General Plan Requirement
The Newport Avenue arterial, south of the 1-5 freeway is noted as a modified major 6-
lane arterial in the City's General Plan and the existing right-of-way is 100 feet. A major
six to eight lane arterial is defined as divided roadway with a right-of-way width of 120 to
144 feet and a curb to curb pavement of 102 to 126 feet. The General Plan also states
that when the traffic volumes warrant a major arterial highway in areas where a full 120
to 144 feet of right-of-way is not feasible due to existing structures or topography, a
lesser right-of-way (no less than 100 feet) can be used to accommodate a six-lane
facility, which is referred to as a "Modified Major." Therefore with the existing 100 foot
right-of-way width, the existing structures contribute to the road classification of Newport
Avenue south of the 1-5 freeway as a Modified Major facility.
The proposed configuration of the building will encroach approximately six (6) feet into
the ultimate Newport Avenue right-of-way. The right-of-way dedication was not required
on the initial phases of the commercial development south of the freeway when the
entitlement was approved over 20 years ago. At that time Newport Avenue was
classified as a Primary Arterial on the City's Circulation Element and the County MPAH.
Planning Commission Report
DR 06-004
Augus128,2006
Page 4
However, it should be also noted that no buildings are constructed within these areas
and the parking and landscaping improvements can be reconfigured if necessary.
Construction of the proposed retail building within the ultimate right-of-way can have a
significant effect and will not implement the circulation goals defined by the City's
General Plan. Staff is not supportive of the proposed project based on the following
findings:
· At the project location Newport Avenue is classified as a 6-lane Major Arterial
within a "modified" Right-of-Way on the Tustin Circulation Element. The
"modified" qualifier is used in cases when projected traffic volumes dictate the
classification, but physical constraints, such as structures or topography, restrict
Right-of-Way (ROW). The road is presently constructed to a Primary Arterial
standard within a 100 foot ROW (50 foot half section).
· Since there are no existing physical constraints and the site will be cleared in
preparation for construction of a new building. This will allow the dedication of
Right-of-Way to meet the 6-lane Major Arterial classification, which is a 60 foot
half section. Although physical widening of Newport Avenue will not be required
at this time, dedication of an additional 10 feet of ROW at this time will eliminate
the need for acquisition at this location when Newport Avenue is widened in the
future.
· On the Orange County Master Plan of Arterial Highways (MPAH) Newport
Avenue at this location is classified as a Major Arterial, which is a 6-lane divided
road within a 120 foot ROW. As required by the Orange County Transportation
Authority (OCTA), the City of Tustin Circulation Element is in conformance with
the MPAH.
· One of the fundamental findings associated with approving projects is
consistency among the general plan, zoning and land use approvals. There are
direct relationships between land use approvals, site development, circulation
and traffic impacts. For the City to be eligible for combined transportation funding
(i.e., Measure M funding), the City's Circulation Element must be consistent with
the MPAH and hence consistency means that the Circulation Element must
provide for the planned carrying capacity of the MPAH. In this case Newport
Avenue is a Major Arterial which is a six-lane divided highway that will ultimately
carry 50,000 average daily trips at Level of Service D. Each year the City
Council adopts a resolution attesting no unilateral action has been taken that
would reduce planned carrying capacity of the MPAH. Projects that are not
found consistent with the General Plan should not be approved or conversely the
Capital Improvement Projects (CIP), the MPAH, and the General Plan should be
amended which are greater considerations. These considerations include
roadway capacity transferred to other arterial highways within the Master Plan
and involvement of other cities and agencies to review and provide input on
impact analyses on all other impacted arterials. The City receives approximately
Planning Commission Report
DR 06-004
August 28, 2006
Page 5
$1 million per year in local turn back funds. Lack of consistency will cause the
City to become ineligible for these funds. Further, the City may not be eligible to
compete for other competitive transportation funds that are applied for an annual
basis.
· As proposed eleven (11) on-site parking spaces are required. Joint-use parking
approval by the Zoning Administrator can be considered when the site plan
design is finalized and all requirements are met.
. With the proposed site plan, the first parking stall along Mitchell Avenue is
located nine (9) feet from the property line. The City's Parking Design Standards
require a minimum twenty (20) foot setback for the first parking stall to provide for
adequate ingress and egress into this parking space and to maintain adequate
on-site circulation. This requirement has been adhered to for new development
and reducing this standard to nine (9) feet could jeopardize on-site circulation
and safety.
~~~
Minoo Ashabi
Associate Planner
&~~d{~~~ ,~
Elizabeth A. Binsack
Community Development Director
C/~~
Tim Serlet
Public Works Director
Attachments:
A - Location Map
B - Resolution No. 2731
C - Submitted Plans
D - Resolution Nos. 4033 and 4034
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ATTACHMENT A
Location Map
LOCATION MAP
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ATTACHMENT B
Resolution No. 2731
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RESOLUTION NO. 2731
A RESOLUTION OF THE PLANNING COM}!ISSION OF THE
CITY or TU.STIN, APPROVIliG A D~: .,:::LOPHt:t:T PLAN
(USE PERMIT 89-47) FOR A RETAl;:' CENTER O!; ,
SIT; IN P. PLANNED COMMU!1I1',' COt',MERCIJ.
DIG'..:'RICT (PC-C) FOR THE PROI'l~n'_, "." LOCA'l'r.:;:) OJ>
THE SOUTHWEST -::ORNER 0;' NEWPORT A VE;;UE A1;D THE
SANTA ANA FEEEWAY, 14041 NBWPOR~' AVENUE;
APPROVING A ~iUVE-Tf!RU LA:,E FOR CARL'S JR.
RESTAURANT; AND DENYING A 50'- 011 HIGH, 216
SQUARE FOOT FREEWAY POLE SIGN.
The Planning Commission of the City of Tustin does
hereby resolve as follows:
r.
The Planning Commission finds and determines as
follows:
A.
That a proper application, Use Permit 89-47,
has been filed on behalf of eMS Development
requesting approval of a development plan for
a retail center totalling 45,376 square feet
located at 14041 Newport Avenue on. property
l~3ally described as Assessor's Parcel NUmbers
402 - 371 - 1 - 5, 13, 21 - 25. The applicant
is also requesting aprroval of the drive-thru
lane for Carl's Jr. Restaurant, and a 501 - 011
high freeway pole sign for Carl's Jr.
Restaurant.
B.
A Negative Declaration has been filed in
accordance with the California Environmental
Quality Act.
C.
A public hearing was duly called, noticed and
held on January 8, 1990.
D.
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
us~, as evidenced by the fallowing findings:
1.
The uses applied for are. in conformance
w~th the requirements of the Tustin
General Plan.
2.
T~~.e uses app~",!"ed for are in cc".formance
with the requirements of the Tustin
Zoning Code.
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Resolution No. 2731
Page two
3.
The project has been designed to be
architecturally compatible with the area.
4.
The project has been conditioned to allow
only those uses which will be compatible
with neighboring and adjacent uses.
5.
The proposed development conforms with
the established guidelines for
deve~opment of Planned community
commercial properties as established by
Planning Commission Resolution No. 2411.
6.
That the project is consistent with
Planning commission Resolution No. 2411,
outlining guidelines for review of
projects on properties located in the
Planned Community Commercial District.
E.
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.
F.
Proposed development shall be in accordance
with the development policies adopted by the
City Council, Uniform Building Codes as
administered by the Building Official, State
of California Fire Code as administered by the
Orange County Fire Marshal, and street
improvement requirements as administered by
the City Engineer.
G.
Final development plans
review and approval
Development Department.
shall require the
of the Community
II. The Planning Commission hereby approves
Conditional Use Permit 89-47 approving the
development plan for a retail commercial
center at the southwesterly corner of Newport
Avenue and the Santa Ana Freeway, 14041
Newport Avenue, and approving a drive-thru
I-ne for Carl's Jr. Restaurant subject to all
conditions contained in Exhibit A attached
hereto and incorporated herein.
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Resolution No. 2731
Page three
III. The Planning Commission finds and determines as
follows:
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That establishment and ~aintenancc of the use
applied for (pole sign) will be det~imental to
the heaj.th, safety, morals, comfort and
general welfare of the persons;; residing or
working in the neighborhood of such proposed
use, a~ evidenced by the following :incings:
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1.
That the locatio~ and height of the sign
will cre2..~e visual blight for existing
surrounding uses.
2.
That the City of Tustin Sign COtie only
permits freeway oriented pole signs for
eating, automotive related or lodging
facilities sUbject to the g~anting of a
C0nditional Use Permit.
3.
That the proposed pole sig~ will be
injuric s or detrimenta\ to property and
improvements in the neighborhood or the
general welfare of the city as evidenced
by the following:
a.
That the position of Carl's Jr.
Restaurant on the site plan provid~)s
adequate freeway exposure for
signage.
b.
That the types, sizes a 'd locations
of signage currently {.Ienni tted by
tt.;~ Sign Code provide adequate
opportun~ty for visibl~ signage and
business identification.
c.
Approval of such sign would initiate
a precedent for other freeway pole
signs.
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Resolution No. 2731
Page four
IV. The Planning Commission hereby disapproves the
portion of Use Permit 89-47 requesting a 50 I OU
freeway pole sign for Carl's Jr. Restaurant.
PASSED AND ADOPTED by the Planning Commission of the
City of Tustin at a regular meeting held on the 8th day
of January, 1990.
QAU~
PENNI FOLEY,
Recording Secretary
La~*~
LESLIE ANNE PONTIOUS,
Chairman
EXHIt7T A
CONDITIONAL USE PERMIT 89-47 AND DESIGN REVIEW 8~-68
CONDITIONS OF APPROVAL
RESOLUTION NO. 2731
GENERAL
(1) 1.1 The proposed project shall suhstantially conform with the
submitted plans for the project date stamped January 5, 1990
on file with the Community Development Department, as herein
modified, or as modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. Submitted plans constitute the approved develGp::lent
plan and, except as modified herein, shall not be modified
without prior approval of an amendment to this Use Permit.
(1) 1.2 Unless otherwise specified, aU conditions containE,cl in this
Exhibit shall be complied witt. prior to the issua~ce of any
building permits for the project, subject to review and
approval by the Community Development Department.
... 1.3 Parking for the proposed retail center shall be maintained as
(2) follows:
1 parking space per 2~O square feet of general
showroom/general retail space.
1 parking space per 500 square feet of mezzanine/storage
space.
1 parking space per 3 seats for restaurant uses space.
... 1.4 The uses authorized by the approval of Use Permit 89-47 are
(8) as follows:
a. The type of uses allowed in the project shall
substantially conform to those uses authorized in the
C-l and C-2 Zoning Dist;" '_ct except for those uses
specifically prohibited in this Resolution. All uses
which require a Condition l Use Permit as listed in the
C-2 Zoning District will also require a Conditional Use
Permit for this site.
b. Prohibited Uses: medical, dental and/or chiropractic
offices, auto repair or retail auto parts sales or
installation, schools or tr~ining facilities,
laundromats, convenience or liquor stores, arcades or
ot.her gaming establishments, adult bookstores and massage
establishments. These uses are prohi;,;,ited to ensure
compatibility of lar.', uses with the adjacent residential
properties, en~ure ccmpliance with the parking
requirem€:l!:s listed herein and to comply with the
requiremeJ.ts of Plannin<; Commission Resolution No. 2411.
.*. 1.5 Use Permit approval shall become null and void unless all
building permits for the project are issued within 1 year of
Exhibit A
Resolution No. 2731
Page 2
the date on this exhibit and substantial construction is
underway.
... 1.6 The applicant shall execute and file an agreement with the
(1) Public Works Department agreeing to maintain all landscaping
in the pUblic parkways adjacent to the site.
*** .1..7 The applicant shall submit a Tentative Parcel Map to be
reviewed by the Community Development Department approved by
the Planning Commission and City Council, prior to issuance
of any building permits for the project.
(l) 1.8 The applicant shall execute and file an agreement to be
.*. reviewed by the Community Development Department providing
joint access agreements throughout the project site.
*** 1.9 In the event that, through private negotiations, the project
site configuration includes the Headache Treatment Center a
reciprocal access agreement will be required. In addition,
once there are improvements made to the Headache Treatment
Center property that would require a building permit street
improvements along Mitchell will be required.
(1) 1.10 The applicant shall submit plans delineating any existing or
... future easements on the project site. All said easements
shall be shown on the Tentative Parcel Map.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3)
A.
Construction plans, structural calculations, and Title
24 energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy Requirements
shall be complied with as approved by the Building
Official. Plans should reflect architectural details and
elevations for all structures, walls, mechanical
equipment enclosures, trash enclosures and any other
construction level drawings necessary to accurately
reflect all proposed construction.
(2)
(3)
B.
Preliminary technical detail and plans for all utility
installations including cable TV, telephone, gas, water
and electricity. Additionally, a note on plans shall be
included stating that no field changes shall be made
without corrections submitted to and approved by the
Community Development Department.
Exhibit A
Resolution No. 2731
Page 3
(2)
(3)
c.
Final grading and speciftcations con~istent with the
site plan and landsca, ~ng plans an~ ~repared by a
registered civil engineer for approval of the Community
Development Department.
(2)
(3)
(3)
D.
A precise soils engineering report provided by a soils
engineer prepared within the previous twelve (12) months.
E.
Provide technical drawings for electrical, plumbing and
mechanical installation.
(1)
F.
Presentation of a secimentation and erosion control plan
fo~ all construction work related to the S'ubject site
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.
(1)
(6)
G.
Information, plans and/or sFecifications to ensure
satisfaction of all Public Works Department requirements
including but not limited to:
(6)
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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.
(6)
*..
2.
The construction of any new on-site fire hydrants
will require a detector check within an easement per
City Standard No. 129. A legal description and
sketch of the easement areas along with a copy of
the latest vesting f07" this property shall be
submitted to the Engineering Division for review and
preparation of an easement deed. Said deed must be
executed by the property owner prior to any
approvals/permits from the Engineering Division.
(1)
(2)
3.
construction or replacement of all missing or
damaged public improvements will be required and
shall include but not be limited to ~he following:
a. Curb and gutter
b. Sidewalk
c. Wheelchair ramp
d. A.C. pavement
e. ~treet lights
f. Domestic water survice
g. Fire hydrant/fire service (if required by D.C.
Fire ;'~arshal)
Exhibit A
Resolution No. 2731
Page 4
h. Sanitary sewer lateral
(1)
4. Separate street improvement plans (24" x 36'1 sheet)
are required for all work within the public right-
Of-way and all construction items referenced to the
City standard drawing number.
5. Applicant shall be responsible for pavement markings
along Newport Avenue to accommodate the
channelization. All pavement marking will be
sUbject to review and approval by the City Engineer.
(1)
...
...
(2,6)
6. Prior to occupancy, the applicant shall meet with
the City Traffic Engineer to finalize the number and
placement of on-site directional signs.
7. Prior to occupancy, the applicant shall upgrade the
signal at Newport and Mitchell. This includes the
installation of exclusive left turn phasing on
Newport Avenue as well as necessary inter-connect
equipment to tie into the city's computer signal
system.
S. All project driveways shall be designed using a
15 foot curb radius.
...
(2,6)
...
(2,6)
...
(2,6)
(1)
9. All curb areas within the site not part of parking
stall design shall be painted red.
(6)
H.
10. Clear sight triangles 20' x 20' shall be maintained
at each access drive. In particular, no landscaping
signs or vegetation between 3' and B' above the
gutter line shall be installed.
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:
1. Prior to issuance of building perr-its for
combustible construct'.on, 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
Exhibit A
Resolution No. 2731
Page 5
for approval of the Fire Marshal.
2. All required Orange county Fire Departn.'Zlnt signs
shall be posted and designed in accordance with the
orange County Fire Department requirement~.
3. Prior to the issuance of any building permits, plans
for commercial f:re extinguishing syst~x shall be
approved by the F~re Chief. Such systems sh~ll be
operational prior to the issuance of a certificate
of use and occupancy.
4. Prior to the issuance of any building permits, a
construction phasing plan shall be submitted to and
approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency
vehicle access for the number of dwelling units
served.
5. Prior to the issuance of any certificates of use and
occupancy, the fire lanes shall be red curbed and
posted "No Parking-Fire Lane" as per 1985 Uniform
Building Code Section 10.207 in a manner m.::-e':ing the
~pproval of the County Fire Chief. (CMO-28II)
..* 2.2 Any underground gasoline tanks shall be removed 2nd any toxic
(2) soils or substances removed from the site in accorda~ce with
the County of Orange Hazardous Materials Division
requirements, prior to issuance of building permits.
~
(1) 3.1 All construction operations including engine warm up ; lall be
(2) 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 unlef:.s the
Building Official determines that said activity \\Oil' be in
substantial conformance with the Noise Ordina;-.cc ..,d the
public health and safety will not be impain~c subject to
application being made at the time the permit f~r 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. Tentative Parcel Map
Exhibit A
Resolution No. 2731
Page 6
B. Major tho:':"oughfa~-e and bridge fees to Tustin Public Works
Dep<trtment.
C. Sanitary sewer connection fee to Orange County Sanitation
Dist,..ict.
D. Grad:::.ng plan checks and permit fees to the Community
Development Department.
E. All applicable Building plan check and permit fees to the
Community Development Department.
F. New development fees to the Community Development
Department.
G. School facilities fee to the Tustin Unified School
District.
H. Contribution to transportation system improvements as
required in the Joint Powers Agreement between the City
of Tus~in and city of Santa Ana dated November 6, 1989
and as identified as the Tustin-santa Ana Transportation
System Authority Agreement. Said fee shall be based on
$2.60 per square feet of gross floor area. Said fee
amount is subject to change. Applicant must pay
prevailing fee amount at time payment is required.
SITE AND BUILDING CONDITIONS
(1) 5.1 All improvements, materials and colors shall substantially
(4) conform to the approved plans, date stamped January 8, 1990
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 shall be subject to review and
approval of the Community Development Department.
(1) 5.3 The exact color and stucco finish to be utilized on exterior
(4) 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 darkening
the sand finished plaster accent color.
(1) 5.4 Note on plans that a six foot high chain linked fence shall
be installed around the site prior to building construction
stages. Gated entrances shall be permitted along the
perimeter of the site for construction vehicles.
(1) 5.5 All mechanical and electrical fixtures and equipment shall be
(4) adequately and decoratively screened. The screen shall be
Exhibit A
Resolution No. 2731
Page 7
considered as ar element of the overall desig;, of the project
and shall ble,.:l with the architectural design of the
buildings. AI.::" telephone and electrical boxe:s: shall. be
indicated on the buildinc; plans and shall be comp:'etely
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 locate6. in any
landscaping setback and adjacent t.... street.
(1) 5.6 Submit detail for all on-site walls t~ be const. ',,1cted by
(4) developer. Show type of wall cap ~~d color, exterior
materials and decorative treatment of all exposed walls. Said
walls shall be consistent with main building treatments and
have a round, decorative cap. Design of walls/fences shall
be subject to final approval of the Community Development
Department and should be consistent with main building
treatments.
(1) 5.7 Provide additional details on lighting scheme for project.
(3) Note final locations of and intensity of all exterior lights.
(4) All lighting fixtures shall be located or designed so to
direct rays of light so they do not shine on adjacent
properties. Show lighting to be installed on bt.ildings.
(4)
5.8
Provide structural details, colors an~ materials
trash enclosure walls. The trash enclosures
architecturally treated to match the buildings and
solid metal gates.
for block.
shall be
shall have
(1) 5.9 All roof drains shall be internal and not visible on building
(4) elevations. All roof drains shall be designed so that run-
off is properly drained into concrete swales.
5.10 Note on plans that utilities serving site to be undergro~nd.
Show all above ground locations for meters, transformers,
manifolds and details for screening. Transformers shall not
be permitted within required setback areas. Remove all
existing overhead utilities exclusively serving site.
(1) 5.11 A revised, detailed project sign program including 6esi-::-n,
(3) location, sizes, color and materials shall b~ submitted for
review and approval by the De~\artment of ~c:rr.?".lunity
Development. The sign program shall int::lud. project
identification, addressing and direction~l 01gn5 to direct
autos to proper access, parking and loading an~ include any
traffic restrictions. All signs shall be in accord~nce with
the Tustin Sign Code and SUbject to the proper permit
requirements; reflecting the fallowing;
Exhibit A
Resolution No. 2731
Page 8
Onf" (1) business identification sign per tenant per
building frontage. Maximum size front wall: 15% of wall
area not to exceed 75 square feet. Maximum size rear and
side wal~: 5% of wall area not to exceed 25 square feet.
Hanging arcade signs not to exceed one sign per tenant
nor larger than six (6) square feet per face. Signs must
be below the roof line and maintain a seven (7) foot
clearance from sidewalk or pedestrian level to lowest
poir.t of sign.
One (1) monument sign for center identification not to
exceed 75 square feet or six (6) feet in height per
street frontage. A tenant identification directory may
be incorporated on the center identification monument
provided the sign does not exceed 75 square feet per face
nor six (6) square feet per tenant.
Traffic and secondary signs shall be standard sizes and
utilize decorative metal posts. Actual size, design and
location shall be subject to Community Development
Department Director
5~12 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.
5.13 Note on plans that no outdoor storage is permitted except as
approved by the city of Tustin Community Development Director.
5.14 Note on plans that Buildings C and D should show areas on the
site plan for a minimum 12' x 25' loading areas.
5.15 Provide truck turning radius details on technical plan.
5.16 Provide details to be reviewed and approved by the Community
Development Department for soundproofing of drive-thru
speakers.
5.17 The Carl's Jr. drive thru lane shall show a minimum of 35'
clearance.
5.18 Indicate on floor plans a physical barrier to restrict public
access to the mezzanine level of Buildings A and B~ The
mezzanine level shall never be used for general retail space
and shall be used for storage and display space only.
Ext.ibit A
Resolution No. 2731
Page 9
5.19 Change Newport Avenue elevation of Carl's Jr. Restaur,:)l.. to
im: ude an eave to add depth. and be more compatible ...:ith
overall ~esign t~eme. Corrected plans shall be reviewed and
approvec by the community Development Department Director.
5.20 The rear elevations of Building 0 shall be revised to providp-
additional architectural relief and treatments to reduce the
starkness of this elevation including increasing the buildir.~
setback to 18 inches and corresponding reductions in floer
area as appro~riate, installation of landscaping particularly
wall climbin~ vines and shrubs to reduce the visual impact and
where agreements can be obtained from adjacent single family
residences installations of 24" box trees at 20 foot int.ervals
in a species type and planting location approved by the
Director of Community Development.
LANDSCAPING. GROUNDS AND HARDSCAPE ELEMENTS
(7) 6.1 At final plan check a completely detailed landscape and
irrigation plan must be submitted for landscaping with
whatever scale necessary to depict adequately what is
occurring. Provide summary table applying indexing
identification to plant materials in their actual location.
The plan and table must list botanical 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%. h 'rnbination
of planting materials must be used, ground ~Qver along
on large areas is unacceptable.
b) BUffer driveway and parking areas with a 30" high :..inimcm
landscaping berm, specifically along Newport Avenue.
c) provide a minimum of one (1) 15 gallon size ~ree and 5
Exhibit A
Resolution No. 2731
Page 10
gallon size shrubs for every 30' of property line on the
property perimeter.
d) Landscape plan shall indicate one (1) 15 gallon size tree
provided for each 5 parking spaces within an open parking
area.
e) Shrubs shall be a m1n~mum of 5 gallon size and spaced a
minimum of eight feet on center when inten~ed as screen
planting.
f) Ground cover shall be planted between 8 and 12 inches on
center.
g) A newly planted tree shall be staked according to City
standards.
h) 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.
i) Note on plans that all plant materials shall be installed
in a healthy vigorous condition typical to th~ species.
Also note that all landscaping must be maintained in a
neat and healthy condition, this will include but not be
limited to trimming, mowing, weeding, removal of litter,
fertilizing, regular watering, or replacement of diseased
or dead plants.
j) In irrigation areas, controller to be enclosed in
lockable housing. Design irrigation systems to provide
sufficient coverage as well as avoiding water overspray
on buildings and sidewalks. Note of this requirement to
be on plan check drawings.
k) All landscaped planters shall be contained by a minimum
6" high concrete curb.
· 6.3 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 shall be integrally colored to improve appearance
over time.
Exhibit A
Resolution
Page 11
No. 2731
6.4
The landscape plan for the project shall be modified to
incorporate the conditions contained anu as follows:
a) Major points of entry to the project and internal
pedestrian circulation routes shall receive specimen
trees to create an identification theme for the project.
b} Please note that large scale buildings shall b~
complimented by appropriately scaled landscaping. Please
provide an upgrade of the palm species type to compliment
the large scale buildings.
c) steel pipe guards shall be decorative and subj ect to
approval of the community Development Department as to
location and design.
d) Further reinforce separated pedestrian circulation
systems from traffic circulation systems by the us~ of
decorative pavement treatments and landscaping.
e) Further enhance and signify the proj ect entryway. As the
entry is the focal point of the site, larger tree
treatments shall ~e provided with a variety of color as
well as incorporation of special elements such as water
etc.
f) Further enhance column treatments under arcades by adding
planters containing greenery and flowers to soften the
pedestrian walks.
6.5 Secure a maintenance agreement with Cal Trans for the
landscaping setback along the I-5 Freeway.
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORM BUILDING CODE(S)
(4) DESIGN REVIEW
*** EXCEPTION*
(5) SPECIrXC PLAN
(6) RESPONSIBLE AGENCY REOUIREMENT
(7) LANDSCAPING GUIDELINE~
(8) PC/CC POLICY
STATE OF CALIFORNIA
COU;:;Y OF ORANGE
CITY OF TUST! N
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin. California; that
Resolution No. ;J7i' was duly passed and adopted at.aMeting of
the Tustin Planning ommission. held on the ~1,,- day of .
1911'...<:.-. -
~.~
Recording Secretary
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ATTACHMENT 0
Resolution No. 4033 and 4034
RESOLUTION NO. 4033
A RESOLUTION OF THE PLANNING COMMISSION DENYING
CONSTRUCTION OF AN APPROXIMATELY 2,800 SQUARE
FOOT RETAIL BUILDING LOCATED AT 14111 NEWPORT
AVENUE (NORTHWEST CORNER OF MITCHELL AVE. AND
NEWPORT AVE.) AT APPROXIMATELY FOUR (4) FEET FROM
THE EXISTING NEWPORT AVENUE RIGHT-OF-WAY
I. The Planning Commission of the City of Tustin hereby finds and determines as
follows:
A. A design review application was filed by Strata Tustin LLC on January 17,
2006, to construct an approximately 2,800 square foot retail building
located at 14111 Newport Avenue at approximately four (4) feet from the
existing Newport Avenue right-of-way.
B. The property is located at the northwest corner of Mitchell Avenue and
Newport Avenue within a Planned Community Commercial (PC-C) zoning
district and the Community Commercial General Plan land use
designation where retail development is outright permitted.
C. Due to General Plan, zoning and parking lot design requirements, the
applicant was required to locate the building at (10) feet to the property line
and provide an irrevocable offer of dedication for future Newport Avenue
street widening, setback the first parking stall twenty feet from the property
line along Mitchell Avenue, and provide a minimum of eleven (11) on-site
parking spaces. The applicant is desirous of using two (2) of excess parking
spaces in the adjacent property currently owned by Strata Tustin LLC
through a deed restriction for reciprocal access, parking and trash facilities
and requested deferral of the design review authority with regards to the
Newport Avenue and Mitchell Avenue setback requirements to the Planning
Commission.
D. That the project is statuary exempt pursuant to Section 15270 of the
California Code of Regulations (Guidelines for the California
Environmental Quality Act).
E. On August 14, 2006, the Planning Commission considered the applicant
requests to construct a retail building at approximately four (4) feet from the
existing Newport Avenue right-of-way and installing the first parking space
at nine (9) feet from Mitchell Avenue right-of-way and denies his request
based on the following findings:
1) The project is not consistent with the Tustin General Plan for the
following reasons:
Resolution No. 4033
Page 2
a) At the project location Newport Avenue is classified as a 6-lane
Major Arterial within a "modified" Right-of-Way on the Tustin
Circulation Element. The "modified" qualifier is used in cases
when projected traffic volumes dictate the classification, but
physical constraints, such as structures or topography, restrict
Right-of-Way (ROW). The road is presently constructed to a
Primary Arterial standard within a 100 foot ROW (50 foot half
section).
b) The proposed configuration of the building will encroach
approximately six (6) feet into the ultimate Newport Avenue
right-of-way. The right-of-way dedication was not required on
the initial phases of the commercial development south of the
freeway when the entitlement was approved over 20 years ago.
At that time Newport Avenue was classified as a Primary
Arterial on the City's Circulation Element and the County MPAH;
therefore, no additional dedication was required.
c) Since there are no existing physical constraints and the site will
be cleared in preparation for construction of a new building.
This will allow the dedication of Right-of-Way to meet the 6-lane
Major Arterial classification, which is a 60 foot half
section. Although physical widening of Newport Avenue will not
be required at this time, dedication of an additional 10 feet of
ROW at this time will eliminate the need for acquisition at this
location when Newport Avenue is widened in the future.
d) On the Orange County Master Plan of Arterial Highways
(MPAH) Newport Avenue at this location is classified as a Major
Arterial, which is a 6-lane divided road within a 120 foot ROW.
As required by the Orange County Transportation Authority
(OCTA), the City of Tustin Circulation Element is in
conformance with the MPAH.
e) One of the fundamental findings associated with approving
projects is consistency among the general plan, zoning and land
use approvals. There are direct relationships between land use
approvals, site development, circulation and traffic impacts. For
the City to be eligible for combined transportation funding (I.e.,
Measure M funding), the City's Circulation Element must be
consistent with the MPAH and hence consistency means that
the Circulation Element must provide for the planned carrying
capacity of the MPAH. In this case Newport Avenue is a Major
Arterial which is a six-lane divided highway that will ultimately
carry 50,000 average daily trips at Level of Service D. Each
year the City Council adopts a resolution attesting no unilateral
action has been taken that would reduce planned carrying
capacity of the MPAH. Projects that are not found consistent
Resolution No. 4033
Page 3
with the General Plan should not be approved or conversely the
Capital Improvement Projects (CIP), the MPAH, and the
General Plan should be amended which are greater
considerations. These considerations include roadway capacity
transferred to other arterial highways within the Master Plan and
involvement of other cities and agencies to review and provide
input on impact analyses on all other impacted arterials. The
City receives approximately $1 million per year in local turn back
funds. Lack of consistency will cause the City to become
ineligible for these funds. Further, the City may not be eligible to
compete for other competitive transportation funds that are
applied for an annual basis.
2) The project is not consistent with the Tustin City Code Section 9232
and City's Parking Design Standards for the following reasons:
a) Eleven (11) on-site parking spaces are required. The applicant is
desirous of using two (2) of the excess parking spaces in the
adjacent property currently owned by Strata Tustin LLC through a
deed restriction for reciprocal access. Joint-use parking requires
approval by the Zoning Administrator which can be considered
when the site plan design is finalized.
b) With the proposed site plan, the first parking stall along Mitchell
Avenue is located nine (9) feet from the property line. The City's
Parking Design Standards require a minimum twenty (20) foot
setback for the first parking stall to provide for safe ingress and
egress into this parking space and to maintain adequate on-site
circulation. This requirement has been adhered to for new
development and reducing this standard to nine (9) feet along
Mitchell Avenue would set an undesirable precedent for future
projects and jeopardize on-site circulation and safety.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 28th day of August, 2006.
BRETT FLOYD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4033
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4033
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 2811i day of August, 2006.
ELIZABETH A. BINSACK
Planning Commission Secretary
RESOLUTION NO. 4034
A RESOLUTION OF THE PLANNING COMMISSION DIRECTING
THE APPLICANT TO WORK WITH STAFF TO REDESIGN THE
SITE MEETING THE DEVELOPMENT STANDARDS FOR THE
PROPOSED RETAIL BUILDING LOCATED AT 14111 NEWPORT
AVENUE (NORTHWEST CORNER OF MITCHELL AVENUE AND
NEWPORT AVENUE).
I. The Planning Commission of the City of Tustin hereby finds and determines as
follows:
A. A design review application was filed by Strata Tustin LLC on January 17,
2006, to construct an approximately 2,800 square foot retail building
located at 14111 Newport Avenue at approximately four (4) feet from the
existing Newport Avenue right-of-way.
B. The property is located at the northwest corner of Mitchell Avenue and
Newport Avenue within a Planned Community Commercial (PC-C) zoning
district and the Community Commercial General Plan land use
designation where retail development is outright permitted.
C. The twenty (20) foot setback for the first parking stall standard as required
by the City's Parking Design Guidelines would provide adequate on-site
and off-site circulation and should be adhered to for construction of new
projects. Reducing this standard to nine (9) feet along Mitchell Avenue
would set an undesirable precedent for future projects.
D. The proposed location for the retail building does not provide for future
street-widening on Newport Avenue which is designated as a Modified
Major arterial in the Tustin General Plan.
E. On August 14, 2006, the Planning Commission considered the applicant
requests to construct a retail building at approximately four (4) feet from the
existing Newport Avenue right-of-way and installing a parking space at nine
(9) feet from Mitchell Avenue right-of-way and directed the applicant to work
with staff to redesign the site to meet the required development standards.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 28th day of August, 2006.
BRETT FLOYD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4034
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4034
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 2Slti day of August, 2006.
ELIZABETH A. BINSACK
Planning Commission Secretary