HomeMy WebLinkAbout02 CUP02-021 DR02-026 SCE03-002
ITEM #2
Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT
PROPERTY
OWNER:
LOCATION:
ZONING:
AUGUST 23, 2004
CONDITIONAL USE PERMIT 02-021,
DESIGN REVIEW 02-026, AND SIGN CODE EXCEPTION 03-002
EVERGREEN DEVCO, INC.
2920 EAST CAMELBACK ROAD, SUITE 100
PHOENIX, ARIZONA 85016
ATTN: RICHARD STARR
SAUL STEVENS
2620 2nd AVENUE, UNIT 11-A
SAN DIEGO, CA 92103-6546
C/O SHIRLEY A. GRISET
NORTHEAST CORNER OF NEWPORT AVENUE AND IRVINE
BOULEVARD (13022 - 13052 NEWPORT AVENUE, 1042 OLD
IRVINE BOULEVARD, AND 1021, 1025, AND 1031 IRVINE
BOULEVARD) ALSO KNOWN AS THE NORTHEASTERLY ONE-
HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S SUBDIVISION, IN
THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF
CALIFORNIA.
RETAIL COMMERCIAL (C-1)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15332 (CLASS 32) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST:
1. APPROVAL OF CONDITIONAL USE PERMIT 02-021 AND DESIGN REVIEW
02-026 AND FOR SITE, ARCHITECTURAL, AND LANDSCAPE DESIGN OF A
12,610 SQUARE FOOT WALGREENS PHARMACY WITH A DRIVE-
THROUGH LANE; AND,
2. APPROVAL OF SIGN CODE EXCEPTION 03-002 FOR CONSTRUCTION OF A
FORTY-NINE (49) SQUARE FOOT SECONDARY WALL SIGN WHERE A
MAXIMUM OF TWENTY-FIVE (25) FEET IS PERMITTED, INCLUDING A
FIFTEEN (15) SQUARE FOOT SUPPLEMENTAL SIGN WHERE A MAXIMUM
OF SIX (6) FEET IS PERMITTED.
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 2
RECOMMENDATION
1.
Adopt Resolution No. 3928 approving Conditional Use Permit 02-021 and Design
Review 02-026 for the site, architectural, and landscape design of a 12,610
square foot drive-through pharmacy; and,
2.
Adopt Resolution No. 3929 approving Sign Code Exception 03-002 to permit
construction of a forty-nine (49) square foot secondary wall sign where a
maximum of twenty-five (25) feet is permitted, including a fifteen (15) square foot
supplemental sign where a maximum of six (6) feet is permitted.
BACKGROUND
The applicant is requesting approval to demolish four (4) retail buildings, which include:
a vacant ice cream shop at 13032 Newport Avenue, a partially occupied retail building with
an existing personal fitness facility at 13022 Newport Avenue, a vacant liquor store at 1035
Old Irvine Boulevard, and an occupied retail building with a chiropractor and palm reader at
1021-1025 Irvine Boulevard; a gas station was previously demolished at 10352 Newport
Avenue. Demolition would be necessary to accommodate construction of a new 12,610
square foot pharmacy and drive-through lane on the 55,533 square foot project site and
associated site amenities including parking, landscaping, and an art feature at the corner of
Newport Avenue and Irvine Boulevard. The project site currently consists of five (5)
assessor's parcels corresponding with the configurations of the existing buildings; all
assessors' parcels are on the same legal property at the northeast corner of Newport
Avenue and Irvine Boulevard (Attachment A - Location Map).
Site and Surrounding Properties
The site is located along the Newport Avenue commercial corridor within the "Community
Commercial" land use designation of the General Plan, the Retail Commercial (C-1) zoning
district, and the Town Center Redevelopment Project Area. Drug stores that sell sundries
and notions are permitted uses and drive-through pharmacies are conditionally permitted
within the Retail Commercial (C-1) zoning district, in accordance with Use Determination
95-002 approved by the Planning Commission in 1995. Since the use, as a whole, is a
drive-through pharmacy, a conditional use permit is required. New development requires
design review and deviations from the sign code require a sign code exception.
The site is bounded by Newport Avenue to the west, Old Irvine Boulevard to the north, a
drive-through dairy and donut shop to the east, and Irvine Boulevard to the south. The site
is within a completely developed area, surrounded by retail centers, including Plaza
Lafayette to the west, LA Fitness Center to the north, and Tustin Heights Center to the
south. Access to the site would be provided from new driveways on Newport Avenue,
Old Irvine Boulevard, and Irvine Boulevard.
Planning Commission Report
CUP 02-021, DR 02-026
August23,2004
Page 3
Public Noticing
A public hearing notice identifying the time, date, and location of the public hearing for the
proposal was published in the Tustin News. In addition, property owners within 300 feet of
the site were notified of the hearing by mail and notices were posted on the site and at City
Hall on August 12, 2004. The applicant was informed of the availability of the agenda and
staff report for this item. The design review and sign code exception do not require a public
hearing; however, these applications are included for concurrent consideration with CUP 2-
021.
DISCUSSION
The proposed project involves the construction of a 12,610 square foot building to
accommodate a drive-through pharmacy that would operate 24 hours a day. The
pharmacy will offer general sundries and notions, one-hour photo developing services,
and a drive-through lane for pharmacy services in accordance with Condition 6.2 of
Resolution No. 3928; no alcoholic beverages will be sold per Condition 6.11. The
proposed use is similar to other existing commercial uses and service businesses in the
vicinity.
Site Plan
The building would be located at the northwest corner of the center, twenty-one (21) feet
from the right-of-way of Newport Avenue and twenty-seven (27) feet from the right-of-way
of Old Irvine Boulevard with the building entrance at the southwest corner of the building
facing Newport Avenue (Attachment B - Submitted Plans). Enhanced paving will be
provided in a large area in front of the public entrance, and pedestrian walkways will extend
along the building elevations that face Newport Avenue and Irvine Boulevard to provide
pedestrian connections to the parking lot areas to the south and east and the public
sidewalk at the corner of Newport Avenue and Old Irvine Boulevard.
Parking
The required and provided parking is as follows:
Use Area Parking Ratio Parking Required
Retail 8,513 1:200 42.6
Production 742 1:500 1.5
Storaç¡e/Warehouse 1,771 1: 1000 1.8
Office 1 ,446 1:250 5.8
Total 12,610 51.7
In accordance with Condition 6.12 of Resolution No. 3928, fifty-two (52) stalls would be
provided, including three (3) disabled accessible stalls and forty-nine (49) standard stalls.
Accessible parking stalls would be provided along the south side of the building near the
Planning Commission Report
CUP 02-021, DR 02-026
August23,2004
Page 4
building entrance (Attachment B - submitted Plans). The parking area is located primarily
between the building and Irvine Boulevard, with thirteen (13) stalls along the east property
line. A thirty-six (36) inch high wall and landscape berm will screen vehicles along Newport
Avenue and Irvine Boulevard. Per Condition 6.10, all shopping cart storage will occur
completely within the building.
Access, Circulation, and Traffic
All existing driveways would be closed and three (3) new driveways would be constructed
at a width of thirty (30) feet with decorative stamped and colored concrete at each
entrance. The driveways at Newport Avenue and Irvine Boulevard would be right-in and
right-out access only, and Old Irvine Boulevard would have full access.
Delivery trucks would access the building mainly from Old Irvine Boulevard and exit onto
Newport Avenue as identified in "Walgreens Pharmacy Tustin Trip Generation Queuing
and On-Site Circulation Study," dated October 27, 2003, prepared by RK Engineering
Group, Inc, which will not interfere with on-site circulation including the proposed drive-
through lane. As recommended by the circulation study and per Condition 6.3 of
Resolution No. 3928, however, larger Walgreen delivery trucks will be restricted to making
deliveries between 7:00 p.m. and 7:00 a.m. to avoid potential conflicts during peak hours.
All deliveries would be received at the north side of the building within a loading area
located parallel to Old Irvine Boulevard and screened by an architecturally integrated
screen wall.
Trash facilities, including a compactor, will be located to the rear of the building behind the
screen wall. Trash from the building will be put into the compact directly via a penetration
in the building exterior. Trash will be stored in a container within the compactor until the
local trash service provider collects the refuse.
Regarding traffic, the "Walgreens Pharmacy Tustin Trip Generation Queuing and On-Site
Circulation Study," dated October 27, 2003, prepared by RK Engineering Group, Inc.,
found that the project would generate 20 fewer vehicles per hour during the a.m. peak hour
and 40 vehicles per hour more during the p.m. peak hour than the existing uses on the site.
In addition, the project would generate approximately 46 trip-ends per day more than the
existing uses. The study found that these increases are not significant and the City's
Traffic Engineer concurs.
Drive- Through Lane
A drive-through lane for pharmacy services is proposed at the east side of the building
with a combination "Pick-up" and "Drop-off' lane adjacent to the building. The lane
would be serviced via one drive-through window located more than 500 feet from the
residential properties to the north behind the LA Fitness Center and to the northeast on
Elizabeth Way. According to the prepared traffic study, it is forecasted that the
maximum queuing volume at the pharmacy window would be three (3) vehicles at any
given time. The pharmacy stacking analysis indicates that there is sufficient queuing for
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 5
the proposed project. Conditions 6.2 and 6.3 have been included in Resolution No.
3928 to limit the operation to a pharmacy and require a traffic analysis study if the City
learns that operation of the drive-through lanes block on-site or off-site traffic. Condition
6.4 is included to require that the intercom speaker boxes for the drive-through lanes
meet the City's noise criteria.
Architecture
The proposed building is designed in a Spanish Colonial style with a combination of
pitched tile roofs, flat parapets, and a range of light to dark earth tone colors. The building
would have a tower element at each of the four (4) building corners. The main tower over
the building entrance would be a thirty (30) foot tall tower with a tower roof, wood rafter
tails, glass to expose a neon mortar and pestle graphic inside the tower, hand-troweled
stucco dark finish, decorative light fixtures, and sandstone on the columns. The three (3)
remaining tower elements would be a maximum height of twenty-six (26) feet, three (3)
inches to the peak, with the same features, except recessed pockets with wrought-iron
accents would replace the glass element.
Flat parapets would be located between the tower elements and vary between twenty-two
(22) feet and twenty-three (23) feet, eight (8) inches in height. An arcade with a pitched tile
roof, wood rafter tails, hand trowel finished stucco, decorative light fixtures, and vine-
covered columns will be located on the Newport Avenue (west) and Irvine Boulevard
(south) elevations. The main wall areas will have a hand troweled stucco finish with a light
finish and square recesses with a medium color finish. The north elevation would include
an eight (8) to nine (9) foot, four (4) inch high screen wall with sandstone covered column
elements, recessed arches with a hand trowel finish with colors to complement the building
and screen utility areas (Attachment C - Submitted Plans).
The parking lot and building lighting shown on the submitted photometric plans would be
compatible with the architecture of the retail building and comply with the City's Security
Ordinance. Condition 2.2 of Resolution No. 3928 is included to require a minimum
requirement of one (1) foot-candle lighting level throughout the site while ensuring that the
lighting is contained within the property. Condition 2.25 is also included to prohibit flood
lights from being placed on the light standards and on the building.
Landscaping
Since the site will have three (3) street frontages and visible from all sides of the site, a
significant landscape perimeter would be planted, in addition to landscaping integrated
on the building walls and columns (i.e. Bougainvillea). Five (5) Stone Pines will be
planted in the public right-of-way along Newport Avenue and Irvine Boulevard in
accordance with City of Tustin Street Tree Standards. A combination of Brisbane box,
Standard Indian Hawthorn Trees, and Purple Leaf Plum would be planted around the
project perimeter within landscaped planters. In addition, large Fruitless Olive trees
would be located near the driveways on Irvine Boulevard and Old Irvine Boulevard, one
(1) at the corner of Old Irvine and Newport Avenue and three (3) within a large
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 6
landscape berm area at the corner of Irvine Boulevard and Newport Avenue. Shrubs
and groundcovers will include a combination of Daylilies, Creeping Rosemary, Indian
Hawthorn, Dwarf New Zealand Flax, Wax Leaf Privet, Coral Aloe, Japanese Boxwood,
White Roses, and English Lavender. As noted previously, decorative stamped and
colored concrete will physically and visually connect the building entrance to the
streetscape and will include clay pots with Baby Bronze Flax, Pink Geraniums, Creeping
Rosemary, and Dwarf Lemon Trees. The applicant will also construct an art feature, to
be determined at plan check and approved by the Community Development Director per
Condition 2.26.
SIGNS AND SIGN CODE EXCEPTION
The applicant is proposing to install one (1) monument sign (shown on Sheet A2.1 of
the submitted plans) to the south of the Newport Avenue vehicle entrance and a second
monument sign east of the Irvine Boulevard entrance. This sign complies with the
Tustin Sign Code and is consistent with the style, colors, and materials of the building.
Conditions 2.1 through 2.3 of Resolution No. 3929 have been included to ensure all
necessary permits would be obtained prior to installation of any signs.
The applicant is also proposing to install wall signs. Pursuant to the Tustin Sign Code, a
total of 125 square feet of wall signage would be permitted for the building, including one
(1) primary wall sign up to seventy-five (75) square feet and two (2) secondary wall signs
up to twenty-five (25) square feet each. The applicant is requesting a seventy-five (75)
square foot wall sign on the Irvine Boulevard elevation since it is the most visible and
largest building elevation; and, since the building and building entrance would be located
closest to Newport Avenue, the applicant is requesting to combine the two (2) permitted
secondary wall sign areas in one (1) fifty (50) square foot wall area on the elevation facing
Newport Avenue. As proposed, the total amount of wall signage would not exceed the
total square footage; it would only combine the allowable area of two (2) secondary signs
onto one wall.
In addition, the applicant is proposing two (2) supplemental signs to complement the wall
signs. Supplemental signage that advertises a service of the business may be permitted if
it is subordinate to the primary or secondary wall sign and does not exceed twenty-five (25)
percent of the allowable sign area. For both building elevations, the applicant is proposing
the word "Pharmacy" as the supplemental sign and requesting that the signs be increased
from 18.75 square feet to 19.20 square feet (or 26 percent) on the Irvine Boulevard
elevation and from 6.25 square feet to 15.10 square feet (or 60 percent) on the Newport
Avenue elevation.
The applicant is also proposing to install a neon mortar and pestle in the window of the
main entrance tower. This type of sign is considered a window sign and is exempt from
sign permits provided the area of the sign does not cover more than twenty-five (25)
percent of the window area. Condition 3.2 of Resolution No. 3929 is included to ensure
compliance with this requirement and maintenance of the sign.
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 7
REDEVELOPMENT AGENCY
The site is within the Town Center Redevelopment Project Area. The Executive Director
of the City's Redevelopment Agency has reviewed the project and has no concerns with
the project.
ENVIRONMENTAL
The project qualifies as an infill development, which is considered exempt from the
provisions of the California Environmental Quality Act. Prior to determining the project
qualified as an exempt project, staff requested the preparation of a health risk assessment
due to the presence of a jet fuel plume underlying portions of the site and the prior service
station use at the southwest corner (Attachment C). The analysis found that there is no
risk to human health and did not require the developer to take any remedial actions on the
site. However, since the plume is the result of a leak in a jet fuel pipeline owned by the
Department of the Navy in the vicinity, the Regional Water Quality Control Board is working
with the Navy and its contractors to address the plume.
ANAL YSIS
A decision to approve the design review and conditional use permit may be supported
by the following findings:
.
The proposed project is consistent with the types of uses encouraged by the
General Plan Community Commercial Land Use Designation, which provides for
retail and service commercial uses that serve a community-wide area. In
addition, the floor area ratio of the project is 0.23:1, which is less than the
maximum 0.5:1 allowed in the Community Commercial land use designation.
.
The proposed project complies with the development standards of the Retail
Commercial (C-1) zoning district.
.
As conditioned, the project will enhance the area in that a number of older
buildings will be removed to accommodate the construction of facility that
provides necessary and convenient services to the community. The site layout
will create a more orderly development and the massing, scale, and architectural
design of the building and significant amount of landscaping will be more
compatible with upgraded developments in the vicinity than what currently exists.
.
The proposed twenty-four (24) hour operation is appropriate since the facility is
located at a major intersection in a commercial corridor and will provide
pharmacy services to the community.
.
The City's Traffic Engineer concurs with the "Walgreens Pharmacy Tustin Trip
Generation Queuing and On-Site Circulation Study," dated October 27, 2003, that
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 8
found the project, as compared to existing development, will not result in a
significant increase in traffic in the area and surrounding major intersections.
.
The City's Traffic Engineer concurs with the "Walgreens Pharmacy Tustin Trip
Generation Queuing and On-Site Circulation Study," dated October 27, 2003,
which found the site configuration provides for adequate on-site circulation for
vehicles and delivery/service vehicles and is not anticipated to impact off-site
traffic in the public right-of-way with a condition of approval that limits delivery
trucks to the hours between 7:00 p.m. and 7:00 a.m.
.
The City's Traffic Engineer concurs with the "Walgreens Pharmacy Tustin Trip
Generation Queuing and On-Site Circulation Study," dated October 27, 2003,
which found the proposed drive-through lane is designed with sufficient queuing
and would not impede on-site or off-site traffic.
.
Sufficient on-site parking would be provided in that fifty-two (52) parking spaces
are required and would be provided.
A decision to approve the sign code exception may be supported by the following
findings:
1.
Sign size and placement restrictions of the sign code shall be as closely followed as
practicable.
Pursuant to the Tustin Sign Code, a total of 125 square feet of wall signage would
be permitted for the proposed building, including one (1) primary wall sign up to
seventy-five (75) square feet and two (2) secondary wall signs up to twenty-five (25)
square feet each. As proposed, the total amount of wall signage would not exceed
the total square footage; it would only combine the allowable area of two (2)
secondary signs onto one wall.
2.
The intent and purpose of the sign regulations of the land use zone in which the
sign is to be located shall be followed as closely as practicable.
The proposed project is a commercial development located within the Central
Commercial (C-1) zoning district. Signage which is visible and compatible with the
building scale and architecture is important to a business' success; the proposed
signage is consistent with the intent of the commercial district and is appropriate to
the scale of the building elevations.
3.
There are special circumstances unique to the property to justify the exception.
The proposed project site is unique because it is triangular in shape and is located
at the intersection of two (2) major arterials: Newport Avenue and Irvine Boulevard.
Accordingly, the applicant requests to consolidate signage onto the two (2) most
visible elevations without exceeding the maximum permitted area for the entire site.
Planning Commission Report
CUP 02-021, DR 02-026
August 23, 2004
Page 9
4.
Granting the exception will not have a negative impact on the surrounding
properties.
The total amount of signage for the development site will not be exceeded. In
addition, since the existing buildings on-site have a variety of sign sizes, colors,
and materials and the site is surrounded by other multi-tenant commercial centers,
the minimal number of signs and consistency with the building scale will be more
compatible with and enhance the overall signage in the vicinity.
5.
The sign application promotes the public, health, safety, welfare, and aesthetics of
the community and that the granting of the exception meets findings and the intent
of the sign code.
For the reasons identified above, the requested signs under this exception are
consistent with the intent and purpose of the Tustin Sign Code, and will not cause
any adverse effects on the surrounding commercial properties and public rights-of-
way.
11 MIr tV d:
Matt West
Associate Planner
I{Cl~t--P c[flr"'-
Karen Peterson
Senior Planner
Attachments:
Attachment A - Location Map
Attachment B - Submitted Plans
Attachment C - Health Risk Assessment letter, dated July 2, 2004
Attachment D - Resolution Nos. 3928 and 3929
S:\Cdd\PCREPORT\Walgreens PC Report.doc
ATTACHMENT A
Location Map
LOGA TiON MAP
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PROJECT NO.
ADDRESS
DR 02-026, CUP 02-021,
and SCE 03-002
LOCATION:
NORTHEAST CORNER OF
NEWPORT AVENUE AND IRVINE
BOULEVARD (13022 13052
NEWPORT AVENUE, 1042 OLD
IRVINE BOULEVARD, AND 1021,
1025, AND 1031 IRVINE
BOULEVARD) ALSO KNOWN AS
THE NORTHEASTERLY ONE-HALF
OF LOT 1 IN BLOCK 12 OF IRVINE'S
SUBDIVISION, IN THE CITY OF
TUSTIN, COUNTY OF ORANGE,
STATE OF CALIFORNIA.
REQUEST:
1. APPROVAL OF CONDITIONAL USE
PERMIT 02-021 AND DESIGN REVIEW
02-026 AND FOR SITE,
ARCHITECTURAL, AND LANDSCAPE
DESIGN OF A 12,610 SQUARE FOOT
WALGREENS PHARMACY WITH A
DRIVE-THROUGH LANE; AND,
2. APPROVAL OF SIGN CODE
EXCEPTION 03-002 FOR
CONSTRUCTION OF A FORTY-NINE
(49) SQUARE FOOT SECONDARY
WALL SIGN WHERE A MAXIMUM OF
TWENTY-FIVE (25) FEET. IS
PERMITTED, INCLUDING A FIFTEEN
(15) SQUARE FOOT SUPPLEMENTAL
SIGN WHERE A MAXIMUM OF SIX (6)
FEET IS PERMITTED.
"1:.. . Owner: Saul Stevens and Shirley Griset
\ v ~ Applicant: Evergreen Devco-
ATTACHMENT B
Submitted Plans
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October 14,2003
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A TT ACHMENT C
Health Risk Assessment letter, dated July 2, 2004
COUNTY OF ORANGE
HEALTH CARE AGENCY
JULIETTE A. POULSON, RN, MN
DIRECTOR
REGULATORY HEALTH SERVICES
ENVIRONMENTAL HEALTH
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES
, .i</
~.." '-!...."ÊX(¡. '(~ll!nce
b:,~l!gl1ty
C' (TV1Cl!
July 2, 2004
STEVEN K. WONG, REHS, MPH
DIRECTOR
ENVIRONMENTAL HEALTH
RECEIVED
JUl, a 8 ,~
CO~Nlrv DFíIÞ:.
he" ;.
MAILING ADDRESS:
2009 EAST EDINGER AVENUE
'SANTAANA. CA9270~720
TELEPHONE: (714)667-3600
FAX: (714) 568-5116
E-MAIL: enyironhealth@hca,co,orange,ca.us
Richard RT. Starr
Evergreen Devco, Inc.
2920 E. Camelback Road, Suite 100
Phoenix,~ 85016
Subject:
Case Closure
Re:
Proposed Walgreen Store
13022-13052 Newport Avenue
(Comer of Old Irvine Boulevard)
Tustin, CA 92780
OCHA Case #04ICOlO
Dear Mr. Starr:
This letter confirms the completion of remedial investigation at the above-referenced site. With
the provision that the information provided to this Agency was accurate and representative of
existing conditions, it is the position of this office that no further action is required at this time.
Based on the City of Tustin's requirement that the potential health risk for the referenced
property's development be evaluated, a soil vapor survey was conducted at the site to obtain
input parameters for this Agency's health risk assessment. Survey results showed no detectable
volatile organic compounds or oxygenates in any of the soil vapor samples collected, indicating
no vapor intrusion concern for the site's future building occupants.
Please be advised that this letter does not relieve you of any liability under the California Health
and Safety Code or Water Code for past, present or future operations at the site. Nor does it
relieve you of the responsibility to clean up existing, additional or previously unidentified
conditions at the site, which cause or threaten to cause pollution or nuisance or otherwise pose a
threat to water quality or public health. It is the property owner's responsibility to notify this
Agency of any changes in future contamination findings.
Richard R.T. Starr
July 2, 2004
Page 2 of 2
If you have any questions regarding this matter, please contact Luis Lodrigueza at (714) 667-
3717.
Sincerely,
<¡vLLn u. lhq
Karen L. Hodel
Program Manager
Hazardous Materials Mitigation Section
Environmental Health Division
KLH:LL:
cc:
Ann E. Sturdivant, Santa Ana Regional Water Quality Control Board
Matt West, City of Tustin-Community Development,
300 Centennial Way, Tustin, CA 92780
Stevens Family Trust, c/o Dennis Hayden, 2014 N. Broadway, Santa Ana, CA 92706
Lynn Edlund, ATC Associates Inc., 50 E. Foothill Blvd., Arcadia, CA 91006
IC:walgreen/ cl osure/lal
IRVINE BOULE
\lARO
- --
--
-,
pnon¡¡ ;¡
1M
3 <3// ?
U::CEND
APPROXIMATE SCALE
0 60 no 240
....,...... -
1 inch = 120 feet
-+-
-+-
GROUNDWATER MON'lTORING WELL
SOIL VAPOR LOCATION
SOURCE: EL TORO PIPELINE RELEASE SITE
PARSONS INFRASTRUC1URE & TECHN"OLOGY,
OcroBER 30, 2003
PROJEC1' No. 11.18067.1384
DRAWING
LOCATfON OF SOli. VAPOR SAMPLES
EVERGREEN OEVCO
SWC OF NEWPORT A VENUE AND OLD IRVINE BOULt:V ARD
TUSTIN, CALIFORNIA
~
4
-
OF4
-
ATTACHMENT D
Planning Commission Resolutions No. 3928 and 3929
RESOLUTION NO. 3928
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-021 AND DESIGN
REVIEW 02-026 FOR CONSTRUCTION OF A 12,610 SQUARE FOOT
PHARMACY WITH A DRIVE-THROUGH LANE AT THE NORTHEAST
CORNER OF NEWPORT AVENUE AND IRVINE BOULEVARD (13022 -
13052 NEWPORT AVENUE, 1042 OLD IRVINE BOULEVARD, AND 1021,
1025, AND 1031 IRVINE BOULEVARD) ALSO KNOWN AS THE
NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 OF IRVINE'S
SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE
OF CALIFORNIA.
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 02-021 and
Design Review 02-026 were filed by Evergreen Devco requesting
approval to construct a 12,610 square foot drive-through pharmacy.
B.
The proposed project is consistent with the policies of the General
Plan land use designation "Community Commercial" which provides
for policies and guidelines for commercial development and
complies with the Retail Commercial (C-1) zoning district
regulations and development standards for permitted and
conditionally permitted uses. 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.
C.
That a public hearing was duly called, noticed, and held for said
application on August 23,2004, by the Planning Commission;
D.
Pursuant to Section 9272 of the Tustin Municipal Code, the Planning
Commission finds that 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, 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.
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
Resolution 3928
Page 2
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location and appearance of equipment located outside 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.
E.
That the establishment, maintenance, and operation of Conditional
Use Permit 02-021 for a drive-through pharmacy 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 a
detriment to the property and improvements in the neighborhood of
the subject property, nor to the general welfare of the City of Tustin
as evidenced by the following findings.
a. The proposed project is consistent with the types of uses
encouraged by the General Plan Community Commercial
Land Use Designation, which provides for retail and service
commercial uses that serve a community-wide area. In
addition, the floor area ratio of the project is 0.23:1, which is
less than the maximum 0.5:1 allowed in the Community
Commercial land use designation.
b. The proposed project complies with the development
standards of the Retail Commercial (C-1) zoning district.
c. As conditioned, the project will enhance the area in that a
number of older buildings will be removed to accommodate
the construction of facility that provides necessary and
convenient services to the community. The site layout will
create a more orderly development and the massing, scale,
and architectural design of the building and significant
amount of landscaping will be more compatible with
upgraded developments in the vicinity than what currently
exists.
d. The proposed twenty-four (24) hour operation is appropriate
since the facility is located at a major intersection in a
Resolution 3928
Page 3
II.
commercial corridor and will provide pharmacy services to
the community.
e. The City's Traffic Engineer concurs with the "Walgreens
Pharmacy Tustin Trip Generation Queuing and On-Site
Circulation Study," dated October 27, 2003, that found the
project, as compared to existing development, will not result
in a significant increase in traffic in the area and surrounding
major intersections.
f. The City's Traffic Engineer concurs with the "Walgreens
Pharmacy Tustin Trip Generation Queuing and On-Site
Circulation Study," dated October 27, 2003, which found the
site configuration provides for adequate on-site circulation
for vehicles and delivery/service vehicles and is not
anticipated to impact off-site traffic in the public right-of-way
with a condition of approval that limits delivery trucks to the
hours between 7:00 p.m. and 7:00 a.m.
g. The City's Traffic Engineer concurs with the "Walgreens
Pharmacy Tustin Trip Generation Queuing and On-Site
Circulation Study," dated October 27, 2003, which found the
proposed drive-through lane is designed with sufficient
queuing and would not impede on-site or off-site traffic.
h. Sufficient on-site parking would be provided in that fifty-two
(52) parking spaces are required and would be provided.
F.
That the applicant will be responsible for the design and
construction of street improvements directly adjacent to the project
site designated by the City as reasonably necessary to support
development of the project, including improvements for sidewalk,
replacement of any damaged curb and gutter, undergrounding of
utility poles adjacent to the property, and related street landscaping;
G.
The project is categorically exempt pursuant to Section 15332 (Class
32) of the California Environmental Quality Act.
The Planning Commission hereby approves Conditional Use Permit 02-021
and Design Review 02-026, for construction of a 12,610 square foot drve-
through pharmacy at the northeast corner of Newport Avenue and Irvine
Boulevard (13022 - 13052 Newport Avenue, 1042 Old Irvine Boulevard,
and 1021, 1025, and 1031 Irvine Boulevard) also known as the
northeasterly one-half of Lot 1 in Block 12 of Irvine's Subdivision, in the
City of Tustin, County of Orange, State of California, subject to conditions
contained in Exhibit A attached hereto.
Resolution 3928
Page 4
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 23rd day of August, 2004.
LESLIE A. PONTIOUS
Chairperson Pro Tem
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary
of the Planning Commission of the City of Tustin, California; that Resolution No.
3928 was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 23rd day of August, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 02-026, CONDITIONAL USE PERMIT 02-021
AUGUST 23, 2004
GENERAL
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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CECA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
(1 )
1.1
(1 )
1.2
(1 )
1.3
(1 )
1.4
(1 )
1.5
The proposed use shall substantially conform with the submitted plans for
the project date stamped August 23, 2004, 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 and other applicable codes.
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any grading or building
permits for the project, subject to review and approval by the Community
Development Department.
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twelve (12) months of the date of this Exhibit. Time extensions may
be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
Approval of Design Review 02-026 and Conditional Use Permit 02-021 is
contingent upon the applicant 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.
(5)
(6)
(7)
***
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PCICC POLICY
EXCEPTION
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 2
(1 )
1.6
(1 )
1.7
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
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.
PLAN SUBMITTAL
(1 )
2.1
(3)
2.2
At the time of building permit application, the plans shall comply with the
most recently adopted codes. The City is currently using the 2001 California
Building Code (CBC), 2001 California Mechanical Code (CMC), 2001
California Plumbing Codes (CPC), 2001 California Electrical Code (CEC),
California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City
Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
.
Seven (7) sets of construction plans, including drawings for
mechanical, plumbing and electrical.
Structural calculations, two (2) copies.
.
.
Title 24 energy calculations, two (2) copies.
Roofing material shall be fire rated class "B" or better.
.
.
The location of any utility vents or other equipment shall be
provided on the roof plan.
Details of all proposed lighting fixtures and a photometric study
showing the location and anticipated pattern of light distribution of all
proposed fixtures. All new light fixtures shall be consistent with the
architecture of the building. All exterior lighting shall be designed and
arranged as not to direct light or glare onto adjacent properties,
including the adjacent streets. Wall mounted fixtures shall be directed
at a 90 degree angle directly toward the ground. All lighting shall be
developed to provide a minimum of one (1) foot-candle of light
coverage, in accordance with the City's Security Ordinance.
.
.
A note shall be provided on the plans that "All parking areas shall be
illuminated with a minimum of one (1) foot-candle of light, and lighting
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 3
(1 )
(1 )
(1 )
(1 )
(1 )
2.3
2.4
2.5
2.6
2.7
.
shall not produce light, glare, or have a negative impact on adjacent
properties. "
Cross-section details showing the installation of the proposed rooftop
equipment. Rooftop equipment shall be installed and maintained so
as not to be visible from the public right-of-way and a minimum of six
(6) inches below the parapet. An elevation showing rooftop
equipment installation related to the height of the parapet and
proposed equipment must be identified at plan check submittal and
any design of required screening will be subject to the approval of
Community Development Department Director.
.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
The plans submitted shall indicate that restrooms are accessible to persons
with disabilities as per State of California Accessibility Standards (Title 24).
Plumbing fixture units are required to comply with the 2001 California
Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy,
or as approved by the Building Official.
Prior to permit issuance, clearances from the Orange County Health Care
Agency, Orange County Fire Authority, and South Coast Air Quality
Management District is required.
Vehicle parking, primary entrance to the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
shall be accessible to persons with disabilities.
The plans shall identify an area analysis for the building and show
compliance with allowable floor areas based on 2001 California Building
Code Chapter 5, Table 5-B.
Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
.
Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
Three (3) copies of precise soil report provided by a civil engineer
and less than one (1) year old. Expanded information regarding the
levels of hydrocarbons and ground water contamination found on-
site shall be provided in the soil report. All pavement "R" values
shall be in accordance with applicable City of Tustin standards.
.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 4
(1 )
(1 )
(1 )
(1 )
(1 )
.
All site drainage shall be handled on-site and shall not be permitted to
drain onto adjacent properties.
Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
.
.
Two (2) copies of Hydrology Report.
2.8
The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a building
permit.
2.9
The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
2.10 A surety/cash bond shall be submitted to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building Official for determination of the bond amount.
2.11
Information to ensure compliance with requirements of the Orange County
Fire Authority, including fire flow and installation of fire hydrants subject to
approval of the City of Tustin Public Works Department shall be provided
prior to issuance of anyon-site utility permit.
2.12 Prior to issuance of any permits, 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.
(1 )
2.13 Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2700.00 for the estimated cost of review
of the WQMP to the Building Division. The actual costs shall be deducted
from the deposit, and the applicant shall be responsible for any additional
review cost that exceeded the deposit prior to issuance of grading permits.
Any unused portion of the deposit shall be refunded to the applicant.
(1 )
2.14 Prior to issuance of any permits, the property owner shall record a Notice of
Water Quality Management Plan (WQMP) with the County Clerk Recorder
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 5
(1 )
(1 )
(1 )
(1 )
on a form provided by the Community Development Department to inform
future property owners of the requirement to implement the approved
WQMP.
2.15 The Community Development and Public Works Department shall
determine whether any change in use requires an amendment to an
approved Water Quality Management Plan.
2.16 Prior to issuance of grading permits, the applicant shall submit a copy of
the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES) State
General Permit for Storm Water Discharges Associated with Construction
Activity from the State Water Resources Control Board. Evidence that the
NOI has been obtained shall be submitted to the Building Official. In
addition, the applicant shall include notes on the grading plans indicating
that the project will be implemented in compliance with the Statewide
Permit for General Construction Activities.
2.17 Prior to the issuance of any permits, the property owner and applicant
shall provide written consent and authorization to enter the property for the
purpose of conducting compliance assessments. An authorized inspector
may inspect the property for the purpose of verifying compliance with
Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying
compliance with the approved Water Quality Management Plan.
2.18 Prior to issuance of building permits, the proposed use of the building shall
be identified, and the applicant shall propose plans and measures for
hazardous materials management (including, storage, emergency response,
employee training, spill be approved by the City of Tustin and other specified
agencies including, Orange County Fire Authority, Orange County Health
Care Agency, and sanitation agencies to ensure implementation of each
agency's respective requirements. Certificates of Occupancy can be withheld
if features needed to properly manage hazardous materials cannot be
incorporated into a previously completed building or complex.
(1 )
2.19 A note shall be provided on final plans that a six (6) foot high chain link fence
shall be installed around the site prior to building construction stages. A
nylon fabric or mesh shall be attached to the temporary construction fencing.
Gated entrances shall be permitted along the perimeter of the site for
construction vehicles.
(1 )
2.20 A corrective action plan for soil remediation on the site that describes and
justifies the proposed remediation shall be submitted to and approved by the
Community Development Department and Orange County Health Care
Agency. This report shall indicate: a) the locations of monitoring and
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 6
extraction wells proposed at the site; b) which wells will be abandoned, if
necessary; and c) where replacement wells will be located after site
construction is complete. Replacement wells shall be specifically identified
on the site plan and located to not obstruct site access, building locations or
required parking spaces.
2.21
Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code; street numbers shall be displayed in a prominent location on the street
side of the building. The numerals shall be no less than six (6) inches in
height and shall be of contrasting color to the background to which they are
attached and illuminated during hours of darkness.
2.22 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
2.23 The trash compactor enclosure shall be screened by a solid decorative wall
consistent with the adjacent building's material and finish and be of a
minimum height of six feet as shown on the plans. The actual location of the
enclosure and types of screening and details of the enclosure shall be
submitted at building plan check and are subject to approval by the
Community Development Department. The location of the bin, size and
quantity shall be reviewed and accepted in writing by Federal disposal
Services.
2.24 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
2.25 No flood lights, or any other similar type of light fixture that shines directly into
the public right-of-way, may installed on the free-standing light standards or
on the building.
2.26 An art feature shall be located at the southwest corner of the site, within the
landscaped area. Plan details shall be submitted prior to issuance of building
permits for review and approval of the Community Development Director.
The art feature shall be installed prior to issuance of Certificate of Use and
Occupancy.
2.27 Authorization from all easement holders shall be submitted to the Community
Development Department, for construction within an easement area, prior to
issuance of building permits.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 7
ARCHITECTURE
(4)
3.1
(4)
3.2
(4)
3.3
(4)
(4)
3.4
3.5
(4)
3.6
All exterior treatments shall be consistent with the submitted color/material
samples and noted on all construction plans and elevations submitted for
Building Permit Plan Check, subject to review and approval by the
Community Development Department at final inspection. The colors and
materials for the exterior of the building shall be consistent with the following:
Location
Stucco - Main Field
Stucco - Recesses
Stucco - Towers/Canopies
Wood Trim
Wood Rafter Tails
Tile Roof
Columns
Brand Color
Benjamin Moore Bone White
Frazee 8232W Lulled Beige
Frazee 8234M Daplin
Frazee 82350 Brush Box
Frazee 8236N Gumnut
US Tile Palmero Blend
Southland Stone Leather Pink
Terracota
Common Color
"light"
"medium"
"dark"
A high quality of features, materials, and colors shall be used throughout
the site and maintained on an ongoing basis to create and maintain a
handcrafted building appearance, including using a smooth, trowel-
finished stucco (or equivalent) on the building. Any changes to colors or
materials during construction or operation shall be approved in writing by
the Community Development Department prior to installation.
Exact details of the exterior door and window types shall be provided on
the construction plans.
All ground- and wall-mounted mechanical and electrical fixtures and
equipment shall be adequately and decoratively screened. The screen
shall be considered as an element of the overall design of the project and
shall blend with the architectural design of the building. All telephone and
electrical boxes shall be indicated on the building plans and shall be
completely screened. Electrical transformers shall be located toward the
interior of the project, maintaining sufficient distance to minimize visual
impacts from the public right-of-way.
All exposed metal flashing or trim shall be painted to match the building.
No exterior down spouts or roof scuppers shall be permitted. All roof
drains shall utilize interior piping, but may have exterior outlets at base of
buildings.
A protective graffiti resistant finish shall be applied on all elevations of the
proposed structure, subject to review and approval by the Community
Development Department.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 8
LANDSCAPING
(1 )
4.1
(1 )
4.2
Complete landscape and irrigation plans that comply with the City of
Tustin Landscape and Irrigation Guidelines shall be submitted at plan
check. The irrigation plan shall show the location and control of backflow
prevention devices at the meter, pipe size, sprinkler type, spacing, and
coverage details for all equipment.
The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. A minimum of five (5) percent of the parking area
shall be landscaped with a minimum of six (6) 36-inch box trees planted'
adjacent to Newport Avenue. Landscaping shall consist of a combination
of berming and sufficient numbers of shrubs and trees to provide
adequate screening, subject to the satisfaction of the Community
Development Director. Twenty-four (24) inch Italian Stone Pines shall be
planted within tree wells in the public right-of-way. Planting of trees and
tree well locations shall comply with the City of Tustin "Standard Drawings
and Design Standards for Public Works Construction." The area between
the drive-through lane and the drive-aisle to the east shall be landscaped
to the satisfaction of the Community Development Director, while also
allowing adequate on-site circulation for passenger and delivery vehicles.
The landscaping shall include, at a minimum, the following to be
consistent with the approved landscaping plan in conformance with the
City of Tustin Irrigation and Landscaping Guidelines:
. (5) - twenty-four (24) inch box Stone Pines (in the public right-of-way);
. (9) - twenty-four (24) inch box Brisbane Box;
. (7) - twenty-four (24) inch box Standard Indian Hawthorn Trees;
. (10) - twenty-four (24) inch box Purple Leaf Plum;
. (6) - thirty-six (36) and forty-eight (48) inch box Fruitless Olive trees;
. (198) - one (1) gallon Daylilies;
. (314) - one (1) gallon Creeping Rosemary;
. (198) - five (5) gallon Indian Hawthorn;
. (25) - five (5) gallon Dwarf New Zealand Flax;
. (47) - five (5) gallon Wax Leaf Privet;
. (9) - five (5) gallon Coral Aloe;
. (130) - five (5) gallon Japanese Boxwood;
. (54) - five (5) gallon White Roses;
. (99) - five (5) gallon English Lavender;
. (14) - five (5) gallon Bougainvillea;
. (6) - give (5) gallon Blood Red Trumpet Vine; and
. Groundcover including Common Blue Fescue, Star Jasmine and Live
Forever.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 9
(1 )
(1 )
SIGNS
(1 )
(1 )
USE
(1 )
(1 )
4.3
4.4
5.1
5.2
6.1
6.2
The sizes and quantities of the landscaping shall be continually
maintained or replaced if unhealthy.
All plant materials shall be installed in a healthy and vigorous condition,
typical to the species, and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, mowing,
weeding, removal of litter, fertilizing, regular watering, and replacement of
dead or diseased dying plants. All trees and landscaping within the site
and the perimeter of the site shall be maintained in a healthy and vigorous
condition. Unhealthy or dead trees shall be replaced within seventy-two
(72) hours upon notification by the City.
The landscape materials shall not conflict with the visual clearance
requirements of any existing or new driveway approaches.
All wall-mounted signs and monument signs shall meet the requirements of
the Tustin Sign Code as they pertain to commercial properties of Sign Code
Exception 03-002, if approved. A detailed sign plan including the sign area,
materials, colors, specifications and installation details shall be submitted for
review and approval of the Community Development Department.
No sign component shall flash, blink, or be otherwise animated. Such
animation is strictly prohibited.
The owners/tenant shall be responsible for the daily maintenance and
upkeep 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/tenant. Failure to maintain said structure and adjacent
amenities will be grounds for City enforcement of its Property Maintenance
Ordinance, including nuisance abatement.
The use of the building shall be limited to a drive-through pharmacy. The
main business activities shall consist of the sale of general sundries and
notions and one hour photo developing services. Any other accessory
uses or services shall be prohibited unless an amendment to this
Conditional Use Permit specifically authorizing the desired use or service
is approved by the Planning Commission.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 10
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(7)
(1 )
6.4
6.5
6.6
6.7
6.8
(1 )
6.9
6.3
If, in the future the City determines that parking, traffic, or noise problems
exist on the site or in the vicinity as a result of the pharmacy use operating
outside the scope of CUP 02-021 or the Tustin City Code, the Community
Development Director may initiate revocation of CUP 02-021 or require the
applicant/property owner to prepare an analysis and bear all associated
costs. If the study indicates that the use is not in compliance with the Tustin
City Code or that there is a parking, traffic, or noise impact, the
applicant/property owner shall be required to provide mitigation measures to
be reviewed and approved by the Planning Commission.
Intercom speaker boxes for the drive-through lanes shall meet the
requirements of the Noise Ordinance.
All business activities, sales, displays, or other activities shall be
conducted entirely within the subject building.
Outside storage or display of merchandise is prohibited, except as
authorized by the Community Development Director.
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 should be located within the building interior.
Exterior public pay telephones shall be prohibited, and interior public pay
telephones shall be programmed to prevent incoming calls.
The applicant shall ensure that the trash compactor is secured or
monitored during all business hours.
6.10 All shopping carts shall be stored within the building and the applicant
shall be responsible for continuous shopping cart collection to ensure that
there are no stray shopping carts on the site and in the vicinity of the
project.
6.11 The applicant shall obtain all necessary approvals prior to selling alcoholic
beverages on the property.
6.12 Th
. d
k'
f II
e require par Ing IS as 0 ows:
Use Area Parking Ratio Parking Required
Retail 8,513 1:200 42.6
Production 742 1:500 1.5
Storage! 1,771 1 : 1 000 1.8
Warehouse
Office 1 ,446 1:250 5.8
Total 12,610 51.7
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 11
A minimum of fifty-two (52) stalls shall be provided, unless otherwise
approved in writing by the Community Development Director.
6.13 The pharmacy shall be permitted to operate twenty-four (24) hours a day.
As such, larger Walgreen delivery trucks 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 these hours shall be approved in
writing by the Community Development Director.
(1 )
NOISE
(1 )
7.1
(1 )
7.2
ENGINEERING
(1 )
8.1
All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m.
on Saturday, unless otherwise determined by the Building Official.
Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
A separate 24" by 36" street improvement plan, as prepared by a
California Registered Civil Engineer, shall be required for all construction
within the public right-of-way. Construction and/or replacement of any
missing or damaged public improvements along Old Irvine Boulevard shall
be required adjacent to this development. Said plan shall include, but not
be limited to the following:
Curb and Gutter
Sidewalk, including curb ramps for the physically disabled
Drive aprons, including temporary drive aprons on Irvine Boulevard
and Newport Avenue
d) Street lighting
e) Catch basin/ storm drain laterals / connection to existing storm drain
f) Signing/striping plan
g) Domestic water facilities
h) Sanitary sewer facilities
i) Underground utility connections
j) Landscape /irrigation
In addition, a 24" by 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation will be required.
a)
b)
c)
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 12
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
8.2
8.3
8.4
8.5
8.6
8.7
Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
Preparation of plans for and construction of:
A. All sanitary sewer facilities shall be submitted as required by the City
Engineer and local sewering agency.
B. A domestic water system shall be designed and installed to the
standards of the City of Tustin Water Services Division. Improvement
plans shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability of
water system design and the distribution of fire hydrants will be
evaluated. The water distribution system and appurtenances shall also
conform to the applicable laws and adopted regulations enforced by
the Orange County Health Department. Any required water system
shall meet the standards as required by the City of Tustin Water
Services Division. Release and approval from East Orange County
Water District shall be obtained prior to receiving water service.
A complete hydrology study and hydraulic calculations shall be submitted
for review and approval by the City.
Hydraulic analysis of proposed water system and ability to meet OCFA fire
flow demands and requirements shall be performed and certified by the
developer.
An on-site signing and striping plan shall be submitted for review and
approval. The plan shall reflect the recommendations contained in the
"Walgreens Pharmacy Tustin Trip Generation Queuing and On-Site
Circulation Study," dated October 27, 2003, prepared by RK Engineering
Group, Inc., and any other measures necessary to provide acceptable
traffic operations. The signing and striping shall be consistent with the
City of Tustin "Standard Drawing and Design Standards for Public Works
Construction. "
Preparation and submittal of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way along with delineating
the following information:
a)
b)
Final street elevations at key locations.
Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of 1.0 foot above base
flood elevation as defined by FEMA.
All flood hazards of record.
c)
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 13
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
8.8
Both horizontal and vertical intersection sight lines will need to be checked
per City of Tustin Standard Drawing No. 510 for all affected streets. The
site lines need to be shown on the grading plan and landscape plan. All
landscaping within the limited use area will need to comply with City of
Tustin Standard Drawing No. 510.
8.9
Existing sewer, domestic water services, and storm drain service laterals
shall be utilized whenever possible and shown on the plans.
8.10 Any damage done to existing street improvements and utilities shall be
repaired before issuance of a Certificate of Occupancy for the
development.
8.11
Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department.
8.12 The developer shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to, dedication of all required street and
flood control right-of-way easements, vehicular access rights, sewer
easements and water easements defined and approved as to specific
locations by the City Engineer and other agencies.
8.13 Current Federal Americans with Disabilities Act (ADA) requirements shall
be met at the drive aprons.
8.14 The applicant shall provide for the undergrounding of all existing and
proposed utility distribution facilities within the public right-of-way adjacent
to the project as well as within the project, unless exempt per
Development Code. The applicant shall be responsible for the associated
costs and arrangement with each public utility.
8.15 In addition to the normal full size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans are also
required to be submitted to the Public Works Department/Engineering
Division in computer aided design and drafting (CADD) format. The
standard file format is AutoCAD Release 14 or 2000 having the extension
DWG. Likewise, layering and line type conventions are AutoCAD-based
(latest version available upon request from the Engineering Division). In
order to interchangeably utilize the data contained in the infrastructure
mapping system, CADD drawings must be in AutoCAD "DWG" format
(i.e., produced using AutoCAD or AutoCAD compatible CADD software).
The most current version of AutoCAD is Release 2000. Drawings created
in AutoCAD Release 14 are compatible and acceptable.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 14
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed.
8.16 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional Water
Quality Control Board rules and regulations.
8.17 The City of Tustin is required to comply with State of California Waste
Recycling requirements. To facilitate City compliance with this law, the
Project Applicant/Contractor is required to submit and obtain approval from
the Public Works Department of a Project Recycling Plan prior to the
issuance of any grading, encroachment or building permit. The Project
Recycling Plan shall demonstrate recovery and recycling of at least 50% of
the total waste generated by the project and shall consist of the following
components:
(1 )
(1 )
.
In a narrative form, describe efforts which will be utilized to
minimize the generation of waste during the project;
Provide an estimate of the total amount of waste to be generated
for the entire duration of the project;
Provide an estimate of the total amount of recyclable materials
generated by the project, identified by recyclable material type;
.
.
.
Identify waste hauler(s) to be utilized during the project. Note: The
City has an exclusive waste collection franchise with Federal
Disposal Service of Santa Ana. No other haulers are to be utilized
pursuant to City Code Section 4322;
Identify recyclable material processing facilities which will be
utilized to process materials generated by the project;
.
.
Demonstrate that no waste generated by the project will be sent
directly to any landfill;
Prior to the issuance of a Notice of Completion or a Certificate of
Occupancy, submit a final report to the Public Works Department
detailing actual quantities of the items listed above as well as a
narrative summary of the recycling efforts implemented during the
project;
Prior to issuance of an occupancy permit, the applicant is required
to submit recycling plans to the Public Works Department for each
project tenant which demonstrates recycling or diversion from
landfills of at least 50% of the total waste anticipated to be
generated by each tenant; and,
.
.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 15
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
Prior to issuance of any grading, encroachment or building permit,
applicant is required to submit waste trash enclosure plans to the
Public Works Department which demonstrate the provision of
adequate physical space to accommodate all planned tenant
recycling programs.
8.18 Layout, location, and sizes of water service lines and meters, fire service
lines, backflow devices, control valves, easements and connections to the
City of Tustin distribution system shall be approved by the City of Tustin.
.
8.19 Backflow prevention devices shall be installed in accordance with
applicable standards and codes and shall be installed within an easement
of suitable size to allow for unobstructed access, inspection, testing, and
maintenance.
8.20 All existing water meters/services shall be abandoned by the Developer.
The Developer shall be responsible for all costs related to the
abandonment of all existing potable water and fire related service
connections at the water main.
8.21 The Developer shall be responsible for all costs relating to the installation
of new potable and fire related water services. The Developer shall be
responsible for all water connection fees.
8.22 Developer is responsible for all costs related to the relocation of existing
fire hydrants and the installation of new fire hydrants. Location of fire
hydrants shall be approved by the City of Tustin and the Orange County
Fire Authority.
8.23 The applicant shall install "R41" signs within the private property for
driveways along Irvine Boulevard and Newport Avenue. "R10" signs with
Type "N-1" markers shall be installed facing the driveways on the Irvine
Boulevard and Newport Avenue medians.
8.24 The City's Irvine Boulevard and Newport Avenue Intersection
Enhancement Project will ultimately widen and realign the intersection at
Irvine Boulevard and Newport Avenue. Should the property be developed
prior to the construction of City's project, the developer shall design and
construct temporary driveways along Irvine Boulevard and Newport
Avenue to accommodate a temporary access through existing right-of-way
to facilitate traffic entering the site.
8.25 The applicant shall submit street improvement plans of Old Irvine
Boulevard to the Engineering Division concurrently with the submittal of
grading plans. The plans shall include improvements for sidewalk,
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 16
FIRE
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
9.1
9.2
9.3
9.4
9.5
9.6
9.7
replacement of any damaged curb and gutter, undergrounding of utility
poles adjacent to the property, and related landscaping.
Prior to the issuance of any grading or building permits, the applicant shall
submit a fire hydrant location plan to the Fire Chief for review and
approval.
Prior to the issuance of a building permit, the applicant shall submit
evidence of the on-site fire hydrant system to the Fire Chief and indicate
whether it is public or private. If the system is private, it shall be reviewed
and approved by the Fire Chief prior to building permit issuance, and the
applicant shall make provisions for the repair and maintenance of the
system in a manner meeting the approval of the Fire Chief. Please contact
the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the
"Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping."
This information is required on the site plan.
Prior to the issuance of any certificate of use and occupancy, all fire
hydrants shall have a blue reflective pavement marker indicating the
hydrant location on the street as approved by the Fire Chief, and must be
maintained in good condition by the property owner. Please contact the
OCFA at (714) 744-0499 or visit the OCFA website for a copy of the
"Guideline for Installation of Blue Dot Hydrant Markers."
Prior to the recordation of a subdivision map or the issuance of any
grading or building permits, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability
for Fire Protection" form shall be signed by the applicable water district
and submitted to the Fire Chief for approval. If sufficient water to meet fire
flow requirements is not available an automatic fire extinguishing system
may be required in each structure affected.
Prior to the issuance of a building permit, the applicant shall submit plans
for the required automatic fire sprinkler system in any structure to the Fire
Chief for review and approval. Please contact the OCFA at (714) 744-
0499 to request a copy of the "Orange County Fire Authority Notes for
New NFPA 13 Commercial Sprinkler Systems."
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Prior to the issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 17
(1 )
9.8
(1 )
9.9
fire-fighting purposes and all-weather fire protection access roads shall be
in place and operational before any combustible material is placed on site.
Building permits will not be issued without OCFA approval obtained as a
result of an on-site inspection. Please contact the OCFA at (714) 744-
0499 to obtain a copy of the standard combustible construction letter.
Prior to the issuance of a grading or building permit, the applicant shall
submit to the Fire Chief a list of all hazardous, flammable and combustible
liquids, solids or gases to be stored, used or handled on site. These
materials shall be classified according to the Uniform Fire Code and a
document submitted to the Fire Chief with a summary sheet listing the
totals for storage and use for each hazard class. Please contact the OCFA
at (714) 744-0499 or visit the OCFA website to obtain a copy of the
"Guideline for Completing Chemical Classification Packets."
Prior to the issuance of a building permit, the applicant shall complete and
submit to the Fire Chief a copy of a "Hazardous Materials Disclosure
Chemical Inventory and Business Emergency Plan" packet. Please
contact the OCFA Hazardous Materials Services Section at (714) 744-
0463 to obtain a copy of the packet.
9.10 Prior to the issuance of any building permits, the applicant shall submit a
detailed letter of intended use of the building to the Fire Chief for review
and approval.
(1 )
(1 )
9.11
FEES
Prior to the issuance of a building permit, plans for the fire alarm system
shall be submitted to the Fire Chief for review and approval. Please.
contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a
copy of the "Guideline for New and Existing Fire Alarm Systems." This
system shall be operational prior to the issuance of a certificate of use and
occupancy.
10.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
(1 )
A.
Building plan check and permit fees to the Community
Development Department based on the most current schedule.
B.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 18
C.
New development fees in the amount of $.10 per square foot of
floor area to the Community Development Department.
D.
School facilities fees of $.36 per square foot of new or added gross
square floor area of construction or improvements to the Tustin
Unified School District.
E.
Payment of the Major Thoroughfare and Bridge Fees to the Tustin
Public Works Department shall be required at the time a building
permit is issued. The current TCA fee is $ 3.37 per square foot of
building area. A credit amount up to the prior category of use may
be obtained when applicant provides proof of previous Major
Thoroughfare and Bridge Fee receipts.
F.
Payment of the Orange County Sanitation District No.7 Sewer
Connection Fees shall be required at the time a building permit is
issued. The current fee is $1,600.00 per 1,000 square foot of the
building area. A credit amount up to the prior category of use may
be obtained when applicant provides proof of previous sewer
connection receipts.
G.
Water connection fees to the City of Tustin Water Division at the
time a building permit is issued.
10.2 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 forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight (48)
hour period 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.
(1 )
RESOLUTION NO. 3929
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING SIGN CODE EXCEPTION 03-002, AUTHORIZING A
FORTY-NINE (49) SQUARE FOOT SECONDARY WALL SIGN WHERE A
MAXIMUM OF TWENTY-FIVE (25) FEET IS PERMITTED, INCLUDING A
FIFTEEN (15) SQUARE FOOT SUPPLEMENTAL SIGN WHERE A
MAXIMUM OF SIX (6) FEET IS PERMITTED ON THE WEST ELEVATION
OF A FUTURE DRIVE THROUGH PHARMACY TO BE LOCATED AT THE
NORTHEAST CORNER OF NEWPORT AVENUE AND IRVINE
BOULEVARD (13022 - 13052 NEWPORT AVENUE, 1042 OLD IRVINE
BOULEVARD, AND 1021, 1025, AND 1031 IRVINE BOULEVARD).
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application, Sign Code Exception 03-002, has been
filed by Richard Starr on behalf of Evergreen Devco, requesting
authorization to construct a forty-nine (49) square foot secondary wall
sign where a maximum of twenty-five (25) feet is permitted, including
a fifteen (15) square foot supplemental sign where a maximum of six
(6) feet is permitted, on the west elevation of a future drive-through
pharmacy.
B.
That signs in the Retail Commercial (C-1) zoning district are regulated
by the Tustin Sign Code, and a secondary wall sign which exceeds
the maximum permitted area by more than ten (10) percent can be
authorized with approval of a Sign Code Exception by the Planning
Commission pursuant to Tustin City Code Section 9405c.
C.
The Planning Commission considered the item on August 23, 2004;
D.
That the primary use for which the sign is required is consistent with
the Retail Commercial (C-1) and the "Community Commercial"
designation of the Tustin General Plan which permits commercial
uses. 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.
E.
Pursuant to Sign Code Section 9405c, the request to permit a
secondary wall sign which exceeds the maximum permitted sign area
by more than ten (10) percent can be supported by the following
findings.
1.
Sign size and placement restrictions of the sign code shall be as
closely followed as practicable.
Pursuant to the Tustin Sign Code, a total of 125 square feet of
wall signage would be permitted for the proposed building,
Resolution No. 3929
Page 2
including one (1) primary wall sign up to seventy-five (75) square
feet and two (2) secondary wall signs up to twenty-five (25)
square feet each. As proposed, the total amount of wall signage,
including business and supplemental signage, would not exceed
the total square footage; it would only combine the allowable area
of two (2) secondary and supplemental signs onto one wall.
2.
The intent and purpose of the sign regulations of the land use
zone in which the sign is to be located shall be followed as
closely as practicable.
The proposed project is a commercial development located
within the Central Commercial (C-1) zoning district. Signage
which is visible and compatible with the building scale and
architecture is important to a business' success; the proposed
signage is consistent with the intent of the commercial district and
is appropriate to the scale of the building elevations.
3.
There are special circumstances unique to the property to justify
the exception.
The proposed project site is unique because it is triangular in
shape and is located at the intersection of two (2) major arterials:
Newport Avenue and Irvine Boulevard. Accordingly, the
applicant requests to consolidate signage onto the two (2) most
visible elevations without exceeding the maximum permitted area
for the entire site.
4.
Granting the exception will not have a negative impact on the
surrounding properties.
The total amount of signage for the development site will not be
exceeded. In addition, since the existing buildings on-site have
a variety of sign sizes, colors, and materials, and the site is
surrounded by other multi-tenant commercial centers, the
minimal number of signs on the proposed building will be more
compatible with and enhance the overall signage in the vicinity.
5.
The sign application promotes the public, health, safety, welfare,
and aesthetics of the community and that the granting of the
exception meets findings and the intent of the sign code.
For the reasons identified above, the requested signs under this
exception are consistent with the intent and purpose of the
Tustin Sign Code and will not cause any adverse effects on the
surrounding commercial properties and public rights-of-way.
Resolution No. 3929
Page 3
F.
This project is Categorically Exempt pursuant to Section 15332, Class
11 of Title 14, Chapter 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality Act).
II.
The Planning Commission hereby approves Sign Code Exception 03-002,
authorizing a forty-nine (49) square foot secondary wall sign where a
maximum of twenty-five (25) feet is permitted, including a fifteen (15) square
foot supplemental sign, on the west elevation, where a maximum of six (6)
feet is permitted on property located at northeast corner of Newport Avenue
and Irvine Boulevard (13022 - 13052 Newport Avenue, 1042 Old Irvine
Boulevard, and 1021, 1025, and 1031 Irvine Boulevard) also known as the
northeasterly one-half of lot 1 in block 12 of Irvine's Subdivision, in the City of
Tustin, County of Orange, State of California, subject to the conditions
contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 23rd day of August, 2004.
LESLIE A. PONTIOUS
Chairperson Pro Tem
ELIZABETH A. BINSACK
Planning Commission Secretary
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. 3929 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 23rd day of August, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
SIGN CODE EXCEPTION 03-002
CONDITIONS OF APPROVAL
RESOLUTION NO. 3929
GENERAL
(1 )
1.1
(1 )
1.2
(1 )
1.3
(1 )
1.4
(1 )
1.5
The proposed use shall substantially conform with the submitted
plans for the project date stamped August 23, 2004, 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 consistent with the provisions of
the Tustin City Code and other applicable codes.
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.
The subject project approval shall become null and void unless
permits are issued within twelve (12) 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.
Approval of Sign Code Exception 03-002 is contingent upon the
applicant and property owner 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 "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.
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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PCICC POLICY
*** EXCEPTION
Resolution No. 3929
Page 5
(1 )
(1 )
(1 )
1.7
1.6
Any violation of any of the conditions imposed is subject to the
payment of a civil penalty of $100.00 for each violation, or such other
amounts as the City Council may establish by ordinance or
resolution, and for each day the violation exists, subject to the
applicable notice, hearing, and appeal process as established by the
City Council ordinance.
1.8
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.
Sign permits shall not be issued for the site until building permits are
issued for the drive-through pharmacy approved per Conditional Use
Permit 02-021 and Design Review 02-026.
PLAN SUBMITTAL
(*)
(1 )
(1 )
(1 )
(1 )
2.1
2.2
2.3
A sign permit shall be applied for and received from the Community
Development Department prior to constructing, erecting, altering,
replacing, moving, or painting any sign, except for signs exempt
from a permit according to the Tustin Sign Code. Permit
applications shall be accompanied by information as required for a
standard sign plan, pursuant to the Tustin Sign Code. Three (3)
sets of construction level plans with necessary specifications,
materials, colors, and details prepared in accordance with the
Uniform Building Code, City Ordinances, and State and Federal laws
and regulations shall be submitted for review and approval by the
Community Development Department prior to installation of the sign.
Compliance with approved plans shall be inspected by the
Community Development Department during construction and prior to
final inspection.
All signs, including any change of copy, require review and
approval by the Community Development Department prior to
installation.
Signs shall not be placed in a manner that will obstruct or inhibit
sight distance or visibility for the motorist.
USE RESTRICTIONS
3.1
3.2
All signs shall be maintained in a good condition and operating order.
If the illumination of one or more of the letters become inoperable, the
sign shall be turned off until appropriate repairs are made.
The neon mortar and pestle in the window of the main entrance tower
is considered a window sign, therefore, the area of the sign shall not
cover more than twenty-five (25) percent of the any window area.
Resolution No. 3929
Page 6
FEES
(C)
4.1
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
forty-three dollars ($43.00) 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.