HomeMy WebLinkAboutPC RES 3928
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.
A.
The Planning Commission finds and determines as follows:
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
antennae.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
television
Resolution 3928
Page 2
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 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.
Resolution 3928
Page 3
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.
II.
The Planning Commission hereby approves Conditional Use Permit 02-021 and
Design Review 02-026, for construction of a 12,610 square foot drive-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.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 23"' day of August, 2004. . £ ... ,/.. . ^
~idZßl
LESLIE A. PON IOUS
Chairperson Pro Tern
a~M~
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution 3928
Page 4
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.
~.~
LIZABETH 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) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(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
PC/CC 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 liB" 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
- ~--- ~-- ----- -- -- ----
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
.
lighting 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 )
(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.
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.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 5
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
2.14 Prior to issuance of building permits, the property owner shall ecord
CC&R's or another legal instrument approved by the City Attorney that
shall require the property owner, successors, tenants (if applicable), and
assigns to operate and maintain in perpetuity the post-construction BMP's
described in the WQMP for the project.
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.
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 )
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 6
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
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.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 7
(1 )
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.
ARCHITECTURE
(4)
(4)
(4)
(4)
(4)
3.1
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
Color
Bone White
Lulled Beige
Oaplin
Brush Box
Gumnut
Palmero Blend
Leather Pink
Common Color
"light"
"medium"
"dark"
Brand
Benjamin Moore
Frazee 8232W
Frazee 8234M
Frazee 82350
Frazee 8236N
US Tile
Southland Stone
T erracota
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.
3.2
Exact details of the exterior door and window types shall be provided on
the construction plans.
3.3
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.
3.4
All exposed metal flashing or trim shall be painted to match the building.
3.5
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.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 8
(4)
3.6
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.
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;
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
. (6) - give (5) gallon Blood Red Trumpet Vine; and
. Groundcover including Common Blue Fescue, Star Jasmine and Live
Forever.
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 or 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
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 10
(1 )
6.3
(1) 6.4
(1) 6.5
(1) 6.6
(1) 6.7
(1 )
(1 )
(7)
(1 )
6.8
(1 )
6.9
Conditional Use Permit specifically authorizing the desired use or service
is approved by the Planning Commission.
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 The required parking is as follows:
Use Area Parking Ratio Parking Required
Retail 8,513 1:200 42.6
Production 742 1:500 1.5
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 11
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Storage/ 1,771 1 : 1 000 1.8
Warehouse
Office 1 ,446 1:250 5.8
Total 12,610 51.7
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.
NOISE
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7.2
ENGINEERING
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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:
a)
b)
c)
Curb and Gutter
Sidewalk, including curb ramps for the physically disabled
Drive aprons, including temporary drive aprons on Irvine Boulevard
and Newport Avenue
Street lighting
Catch basin/ storm drain laterals / connection to existing storm drain
Signing/striping plan
Domestic water facilities
Sanitary sewer facilities
Underground utility connections
d)
e)
f)
g)
h)
i)
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 12
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8.2
8.3
8.4
8.5
8.6
8.7
j) Landscape lirrigation
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.
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)
Final street elevations at key locations.
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Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 13
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b)
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)
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
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 14
(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
(Le., 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.
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.
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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:
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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
.
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 15
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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,
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,
except if able to be reused in conjunction with the development. 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
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 16
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FIRE
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9.1
9.2
9.3
9.4
9.5
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,
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-
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 17
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FEES
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9.6
9.7
9.8
9.9
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
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.
9.11
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
Exhibit A - Resolution 3928
DR 02-026 and CUP 02-021
Page 18
be required based upon those rates in effect at the time of payment and
are subject to change.
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.
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.
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