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HomeMy WebLinkAboutPC RES 33711 RESOLUTION NO. 3371 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-010 AND DESIGN REVIEW 95-024 TO ALLOW CONSTRUCTION OF A DRIVE-THRU LANE AT AN EXISTING PHARMACY LOCATED AT 13400 NEWPORT AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That proper applications for Conditional Use Permit 95-010 and Design Review 95-024 were filed by Jerry Oswald requesting approval of a drive-thru lane for an existing pharmacy at the property located at 13400 Newport Avenue. B, A drive-thru pharmacy within the C-1 (Retail Commercial) Zoning District is allowed with the approval of a Conditional Use Permit pursuant to Use Determination 95-002 made by the Planning Commission. C . That a public hearing was duly called, noticed and held on said applications on August 14, 1995 by the Planning Commission. D. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 95-024 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: · , Site planning. Exterior materials and colors. Size and spacing of windows, doors and other openings. Parking area design and traffic circulation. Development Guidelines and criteria as adopted by the City Council. 10 11 12 13 14 15 16 17 !8~ 19. 2O 22 23 2~ 25 26 27 28 Resolution No. 3371 Page 2 TT E · That establishment of drive-thru service 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, evidenced by the following findings: , On-site traffic concerns have generally been addressed through the separation of the drive-thru aisle from the on-site parking. . The potential for pedestrian/vehicle conflicts has been addressed through the construction of a widened pedestrian walkway. On-site traffic concerns caused by the number of vehicles waiting in the drive aisle have generally been addressed through the proposed location and design of the pick-up window. · The use will not create a noise nuisance since there is no proposed loudspeaker to impact adjacent commercial properties. . The hours of operation are such that the drive-thru lane will not operate 24 hours a day and close at 6:00 pm every day. Therefore the circumstances of this case, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood That the establishment of the proposed drive- thru use will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as stated above. The Planning Commission hereby approves Conditional Use Permit 95-010 and Design Review 95-024 allowing construction of a drive-thru lane for an existing pharmacy located at 13400 Newport Avenue, subject to the conditions contained in E>:hibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3371 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of August, 1995. Recording Secretary Chairp~son / 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. 3371 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of August, 1995. BARBARA REYES Recording Secretary EXHIBIT A CONDITIONAL USE PER3~IT 95-010 AND DESIGN REVIEW 95-024 CONDITIONS OF APPROVAL RESOLUTION NO. 3371 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 1995 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code or other applicable regulations. (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 Design Review and Conditional Use Permit approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this E>~hibit and substantial construction is underway. (1) 1.4 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 The applicant shall hold and defend the City of Tustin hart. less for all claims and liabilities arising out of the City's approval of the entitlement process for this project. PLAN SUBMITTAL (1) 2.1 At building plan check, submit three (3) sets of construction plans and structural calculations, and all other requirements of the Uniform Building Codes. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Exhibit A - Conditions of Approval Resolution No. 3371 CUP 95-010 and DR 95-024 Page 2 OPERATIONAL STANDARDS *** 3.1 The hours of operation for the drive-thru lane shall be limited to 8:30 a.m. to 6:00 pm. Monday thru Sunday. *** 3.2 Ail loading vehicles for the pharmacy shall be parked in designated areas and loading shall be completed during non-peak hours. SITE AND BUILDING CONDITIONS (1) 4.1 Ail exterior accent colors to be used shall be subject to review and approval of the Community Development Department and shall be consistent with the existing exterior treatment of the pharmacy. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on submitted construction plans and elevations. (4) 4.2 Ail exposed metal flashing or trim shall be painted to match the building. (4) 4.3 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) 4.4 Intercom speaker boxes and equipment for drive-thru lane shall be prohibited. SIGNS (4) 5.1 All incidental signs for this project including ingress, egress, and other directional signs shall be designed consistent with any existing directional signs and with the main building architecture, subject to review and approval by the Community Development Department. 5.2 Prior to the operation of the drive thru lane, the applicant shall install an "Exit Only" sign at the entrance to the project sites' northerly driveway. Exhibit A - Conditions of Approval Resolution No. 3371 CUP 95-010 and DR 95-024 Page 3 FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all required fees, including but not limited to those identified below. Payment will be required based upon those rates in effect at the time of payment and are subject to change: 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. *** 6.2 Within forty-eight (48) hours of approval of the subject 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 determination for the project. If within such forty-eight (48) hour period that the 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.