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HomeMy WebLinkAboutPC RES 341910 11 12 13 14 15 16 17 '18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-008 AND DESIGN REVIEW 95-023, AUTHORIZING THE ESTABLISHMENT OF A DRIVE-THRU SERVICE IN CONJUNCTION WITH A PHARMACY AND DENYING A REQUEST FOR A CHANGEABLE COPY MONUMENT SIGN AT 13342 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: a. That a proper application for Conditional Use Permit 95-008 and Design Review 95-023 was. filed by Thomas Cox Architects on behalf of Walgreens Pharmacy to request authorization for the establishment of a drive-thru service in conjunction with a pharmacy and a changeable copy monument sign at 13342 Newport Avenue, more specifically described as Assessor's Parcel No. 500-062-01. B . That the proposed use is allowed within the C- 1 Retail Commercial District, with the approval of ~ Conditional Use Permit. Ce The subject property is located within the Town Center Redevelopment Project Area. Pursuant to City Code. Section 9299b, the Zoning Administrator has forwarded action on Design Review 95-023 to the Planning Commission for consideration. De The subject project has'been found consistent with the Town Center Redevelopment Pr'oject Area Plan. That a public hearing was duly called, noticed and held on said application on February 26 and March 11, 1996 by the Planning Commission. Fe That the establishment, maintenance and operation of the drive-thru .service 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, nor be injurious or detrimental to the property and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3419 Page 2 improvements in the neighborhood of the subject property,.or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The proposed use can be accommodated on the subject property, providing for adequate on-site circulation and queue length as supported by the Traffic Study prepared for this project. 2) The use will not negatively affect surrounding properties or impact the availability of off-street parking in that the pharmacy has provided adequate parking in compliance with the Tustin City Code and the drive-thru service will not. create a demand for additional parking. In addition, based upon the Traffic Study, the additional volume of traffic generated by this use can be accommodated on Newport Avenue and First Street as currently improved. 3) The use is compatible with the surrounding uses in that there are other commercial uses that have drive-thru service in the immediate vicinity) including another drive-thru pharmacy approximately 100 feet away from the ' subject site and there will be no outdoor speakers. 4) On-site traffic concerns have generally been mitigated through the separation of the drive-thru aisle from the on-site parking. 5) Off-site traffic concerns caused by the number of vehicles waiting in the drive aisle to enter the queuing aisle during peak hours have generally been mitigated through the use of two windows, and a condition of approval requiring the implementation of additional mitigation measures should there be traffic impacts in the future. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3419 Page 3 G . That the establishment, maintenance and operation of the changeable copy monument sign applied for will, 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, and be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the city of Tustin, as evidenced by the following findings: 1) The changeable copy sign is not consistent with signs typically installed for retail businesses and will create sign clutter along the Newport Avenue business corridor. 2) Changeable Copy signs are utilized by public or institutional uses such as churches and schools to provide information about activities or services. The use of a changeable copy sign for advertising could encourage advertising specific brand names and pricing, both of which are prohibited by the Sign Code. H. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the · location, size, architectural features and. general appearance of Design Review 95-023, as conditioned, will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site'planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. · Size and spacing of windows, doors and other openings. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3419 Page 4 Towers, chimneys, roof structures, flagpoles, radio and television antennae. · Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. , Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. I · A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Je That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit 95-008 and Design Review 95-023 to authorize the establishment of drive-thru service in conjunction with a pharmacy and denies the request for a changeable copy monument sign on the property located at 13342 Newport Avenue. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3419 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 11th day of March, 1996. BARBARA REYES ~J Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby' certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3419 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the llth day of March, 1996. BARBARA REYES ~ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-008 AND DESIGN REVIEW 95-023 CONDITIONS OF APPROVAL RESOLUTION NO. 3419 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 11, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration, (1) 1.4 Approval of Conditional Use Permit 95-008 and Design Review 95-023 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3419 Page 2 PLAN SUBMITTAL (1) 2.1 At building plan check, submit three (3) sets of construction and site improvement plans in accordance with applicable Building and Fire Codes. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (1) 2.2 The building shall comply in all respects with the Building Code, other related codes, City Ordinances, and State and Federal' Laws and regulations. (3) 2.3 Mechanical ventilation shall be provided based on the number of occupants. (3) 2.4 The tenant space, parking spaces, entrances to the building, path of travel from the parking area to the building, and sanitary facilities shall be accessible to persons with disabilities. (5) 2.5 The applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to .control predictable pollutant run-off. This WQMP shall identify: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (4) 2.6 The site will be designed so that all parking area surface run-off is directed to and picked up by the storm drain system. (4) 2.7 The use of water conserving plumbing fixtures throughout the buildings should be considered by the applicant. (5) 2.8 An addendum to the corrective action plan for soil remediation on this site shall be provided to the Orange County Health Care Agency (OCHCA) that describes and justifies all modifications to the current remediation system on-site. This report must indicate: a) the locations of monitoring and extraction wells currently at the site; b) which wells will be abandoned; and c) where replacement wells will be located after site construction is complete. Any relocated equipment shall, be approved Exhibit A Resolution No. 3419 Page 3 by the Zoning Administrator and shall not be located within a required parking stall or drive aisle and shall be screened from view. Said addendum shall be approved by OCHCA prior to issuance of any permits for the project. (5) 2.9 The applicant shall obtain clearance from the Orange County Health Care Agency, Environmental Health Division upon completion of the soil remediation activities. SIGNS (4) 3.1 The monument sign shall be modified to eliminate the provisions for changeable copy. In addition, the monument sign shall be of a decorative design, using materials, colors, trim and details consistent with the architecture of the project. The sign shall include a routered opaque background flush mounted. The specific sign plan shall be reviewed and approved by the Community Development Department. (4) 3.2 The primary wall sign shall incorporate the supplemental signage "Pharmacy" into the business identification sign. In addition, the wall signs shall be modified to include channel letters or routered opaque background with-flush mounting. (4) 3.3 Complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. The design, size, location, installation and maintenance of said signs shall be in compliance with the Tustin Sign Code. (5) 3.4 Qpaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the pharmacy. SITE AND BUILDING CONDITIONS (4) 4.1 Provide exact details for exterior doors and window types on construction plans. Exhibit A Resolution No. 3419 Page 4 (4) 4.2 Ail 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 either blend with the architectural design of the building or be integrated into the landscape design. A dense type of landscaping could be utilized for screening. (1) 4.3 The stucco color shall be modified to be a warme~ color tan, with less grey tone. The roof tile shall be modified to eliminate the predominant yellow hues, either by using a combination, of tile colors or an alternate tile with more terra cotta color. All final colors and materials to be used shall be subject to review and approval of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.4 Provide plans and details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be de~eloped to provide- a minimum of one (1) footcandle of' light coverage, in accordance with the City's Security Code. (4) 4.5 Ail exposed metal flashing or trim shall be painted to match the building. (1) 4.6 tNote on final 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 s~te for construction vehicles. (1) 4.7 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building and equipment heights. The building parapet shall be an integral part of the building design, and shall screen all roof mounted'equipment. All roof- mounted equipment and vents shall be a minimum of six · inches below the top of the parapet. (4) 4.8 Ail roof access shall be provided from the inside of the building. Exhibit A Resolution No. 3419 Page 5 (4) 4.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 4.10 Six (6) inch continuous concrete curbing shall be used through the parking lot, drive-thru aisle and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4) 4.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls.. (4) 4.12 Indicate the location of all exterior mechanical equipment. Gas and electric meters shall either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. (4) 4.13 Note on plans that outdoor storage is prohibited. (4) 4.14 The applicant shall prepare and submit to the Engineering Division a separate 24" by 36" street improvement plan, as prepared by a California Registered Civil Engineer, for all construction within the public right-of-way. In addition, a separate 24" by 36" reproducible construction traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, would be required. (4) 4.15 The applicant shall close the existing northern most driveway'on Newport Avenue and western most driveway on First Street, due to their close proximity to the intersection. Removal of the existing curb ramp and construction of a new curb ramp per current City Standard No. 124 will be required for the new driveway on First Street. (4) 4.16 The Newport Avenue driveway shall be restricted to right turn in/out access. (4) 4.17 Sight distances at each access driveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared. (4) 4.18 On-street parking shall continue to be restricted adjacent to the project site on Newport Avenue and. First Street. Exhibit A Resolution No. 3419 Page 6 (4) 4.19 If, at any time in the future, the City is made aware and concurs that a parking, traffic and a circulation problem exists on the subject property, then the Community Development and Public Works Departments may require the property owner to submit an updated traffic analysis prepared by the applicant's consultant, at no expense to the City. The updated analysis shall be submitted within the time schedule stipulated by the City. The property owner may delegate this responsibility, through lease negotiations, to any tenant operating under Conditional Use Permit 95-008. If the City deems there are traffic conflicts,, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not be limited to, the following: a. Modification of the drive-thru lane alignment; b. Elimination of one of the drive-thru windows to provide additional queuing;and, Ce Construction of planter medians to separate and define vehicular access lanes. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established shall be grounds for initiation of revocation procedures for Conditional Use Permit 95-008. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1 The applicant shall submit for plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the landscaping concept plan. Said plans shall be consistent with the existing landscape palette for the center. The applicant shall provide a summary table applying indexing identification to plant materials in their actual location.' The plant table shall list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices (screened from view from right-of-way and on-site by shrubs), pipe size, sprinkler Exhibit A Resolution No. 3419 Page 7 type, spacing and coverage. Details for all equipment shall be pr'ovided. The plans shall show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, existing 'landscaping and walls and proposed new wall locations. The Department of Community Development may request minor substitutions of plant materials or request additional sizing or quantity. Note on plans that adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development. (7) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: ae Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planting. S · Ground cover shall be planted between 8 to 12 inches on center. C~ When 1 gallon plant sizes are used, the spacing may vary according to materials used. D · Ail plant materials shall be installed in a healthy vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding; removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. NOISE (1) 6.1 Ail construction operations, including engine warm up and deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until.6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, 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. No Sunday or holiday construction shall be permitted. Exhibit A Resolution No. 3419 Page 8 (1) 6.2 Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are prohibited. FIRE AUTHORITY (5) 7.1 Prior to the issuance of permit, water improvement plans shall be submitted to and approved by the Fire Chief to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. Show all fire hydrants within 300 feet of the property. (5) 7.2 Prior to the issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the' site. (5) 7.3 Prior ~o the issuance of any certificates of use and occupancy~ all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Department Standards. On private property these markers are to be maintained in good condition by the property owner. ! (5) 7.4 The following notes shall be provides on the site plan: so Fire Department Final Inspection Required. Schedule inspection 2 days in advance. Phone (714) 832-1011. 0 Locations and classifications of extinguishers to be determined by the Fire Inspector. Ce Storing, dispensing or use of any flammable and combustible liquids, flammable and compressed gases and other hazardous materials shall comply with Uniform Fire Code Regulations. Exhibit A Resolution No. 3419 Page 9 d · e · Building(s) not approved'for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for plastics and some flammable liquids if high stock piling, comply with UFC, Art. 81 and NFPA Std. 231, 231C and 231D. Plans of modifications to or new fire protection, detector or alarm system(s)'shall be approved by the Fire Department prior to installation. USE RESTRICTIONS (1) 8.1 The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to. ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by.the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (5) 8.2 Ail loading vehicles shall be parked in designated areas and loading shall be completed, during non-peak hours. (3) 8.3. Ail building locking devices added to the premises shall meet those requirements as set forth in the Building. Security Code. *** 8.4 The subject project shall be limited to a pharmacy. Any other accessory uses or services (i.e. photo finish) shall be prohibited unless an. amendment to this Conditional Use Permit specifically 'authorizing the desired service is approved by the Zoning Administrator. FEES (1) 9.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: a. Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. Exhibit A Resolution No. 3419 Page 10 o New development fees to the Community Development Department in the amount of $.10 per square foot or as may be amended prior to permit issuance'. C. The applicant shall be required to pay applicable Transportation System Improvement Program, Benefit Area A Fees, based upon the current fee schedule in effect at the time building permits are issued. De Payment of any applicable East Orange County Water District fees will be required. E. Major thoroughfare and bridge fees to the Tustin Public Works Department in the amount of $2.84 per square foot of floor area, or as may be amended prior to permit issuance. (1) 9.2 Within forty-eight (48) hours of approval of the subject (5) project, the. applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) to enable, the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the- provisions of the California Environmental Quality Act could be significantly lengthened.