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HomeMy WebLinkAboutPC RES 4287RESOLUTION NO. 4287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-12 ALLOWING THE ESTABLISHMENT OF A DRIVE-THRU PHARMACY USE IN CONJUNCTION WITH 14,576 SQUARE -FOOT DRUG STORE, LOCATED AT 15180 KENSINGTON PARK DRIVE (BUILDING D) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a pharmacy drive-thru use in conjunction with a 14,576 square -foot drug store located on Parcel 1 of Parcel Map 2015-127, with a future address of 1,5180 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, 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. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4C, the Director of Community Development has determined that the proposed pharmacy drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: Resolution No. 4287 Page 2 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use 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 improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. 2. No impact to neighboring residential uses is anticipated as the associated proposed commercial center is a self-contained shopping center which does not provide storefronts or parking adjacent to residential uses. The proposed pharmacy drive-thru service is located adjacent to Tustin Ranch Road, a major thoroughfare, and away from existing nearby residential uses 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the pharmacy drive-thru window will be limited to purchases of prescriptions and over the counter medicine. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Resolution No. 4287 Page 3 Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that the project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. 11. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-12 approving the establishment of a pharmacy drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JIN ''TkOMPSONI Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4287 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4287 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Altowaiji, Kozak, Lumbard, Smith, Thompson (5) GENERAL EXHIBIT A RESOLUTION NO. 4287 CONDITIONAL USE PERMIT 2015-12 PHARMACY DRIVE-THRU BUILDING D, PARCEL I OF TPM 2017-127 16180 KENSINGTON PARK DRIVE The proposed project shall substantially conform with the submitted plans for the project date stamped _, 2015, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year of the date of this Exhibit unless authorized by the Development Agreement 2015-01 for a longer time frame. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2015-12 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed' form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). 0 (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4287 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-12, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 CUP 2015-12 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2015-12, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS 2.1 The use of the building shall be limited to a pharmacy with drive-thru. The main business activities shall consist of the sale of pharmaceutical products, general sundries and notions and photo developing services. Any other accessory uses or services shall be reviewed and approved by the Community Development Director. Exhibit A Resolution No. 4287 Page 3 2.2 The pharmacy's drive-thru window operations shall be limited as follows: a. Drop-off and pickup of prescription medicine and/or product is allowed. b. Purchase of over-the-counter medication is allowed. c. Purchase of general merchandise is not allowed. d. Purchase of alcoholic beverages is not allowed. 2.3 Intercom speaker boxes for the drive-thru lanes shall meet the requirements of the Noise Ordinance. (1) 2.4 All business activities, sales, displays, or other activities shall be conducted entirely within the subject building. (1) 2.5 Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. (1) 2.6 Any free-standing vending machines such as, but not limited to, beverage or soda, candy machines, magazine racks, water dispensers, and any other retail product shall be located within the building interior. (1) 2.7 The applicant shall ensure that the trash compactor is secured or monitored during all business hours. (1) 2.8 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. The sale of alcoholic beverages shall be conducted in compliance with City and State of California regulations. 2.9 The pharmacy shall be permitted to operate twenty-four (24) hours a day. As such, larger delivery trucks (70 feet or longer), shall be restricted to making deliveries between 7:00 p.m. and 7:00 a.m. to avoid potential conflicts during peak hours. Any modification to these hours shall be approved in writing by the Community Development Director. 2.10 The gates to the loading dock shall remain closed when the loading dock is not in use. (1) 2.11 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate Exhibit A Resolution No. 4287 Page 4 parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. c. Adjust ordering procedures. WAA� (1) 3.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) 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.