HomeMy WebLinkAboutCC RES 96-37 1
RESOLUTION NO. 96-37
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF TUSTIN, UPHOLDING THE PLANNING COMMISSION'S
ACTION TO APPROVE CONDITIONAL USE PERMIT 95-
4 008 AND DESIGN REVIEW 95-0.23, AUTHORIZING THE
ESTABLISHMENT OF A DRIVE-THRU SERVICE IN
5 CONJUNCTION WITH A PHARMACY LOCATED AT 13342
NEWPORT AVENUE.
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The City Council does hereby resolve as follows:
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I. The City Council finds and determines as follows:
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A. That a proper application for Conditional Use
9 Permit 95-008 and ~Design Review 95-023 was
filed-by Thomas Cox Architects on behalf of
10 Walgreens Pharmacy to request authorization
for the establishment of a drive-thru service
11 in conjunction with a pharmacy and a
changeable copy monument sign at 13342 Newport
12 Avenue, more specifically described as
Assessor's Parcel No. 500-062-01.
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B. That a public hearing was duly called, noticed
14 and held on said application on February 26,
1996 and continued to March 11, 1996 by the
15 Planning Commission at which time the Planning
Commission approved the project.
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C. That RUdolf Oswald Partners has submitted an
17 appeal of the Planing Commission's action on
this project.
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D. That a public hearing was duly called, noticed'
19 and held on said appeal on April 15, 1996 and
continued to May 6, 1996 by the City Council.
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E That the proposed use is allowed within the C-
21 1 Retail Commercial District, with the
approval of a Conditional Use Permit.
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F. The subject property is located within the
23 Town Center Redevelopment Project Area.
Pursuant to City Code Section 9299b, th~
24 Zoning Administrator forwarded action on
Design Review 95-023 to the Planning
25 Commission for consideration.
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Resolution No. 96-37
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G. The subject project has been found consistent
3 with the Town Center Redevelopment Pr0~ect
Area Pl.an.
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Ho That the establishment, maintenance and
5 operation of the drive-thru service applied
for will not, under the circumstances of this
6 case, be detrimental to the health, safety,
morals, comfort, or general welfare of the
7 persons residing or working in the
neighborhood of such proposed use, nor be
8 injurious or detrimental to the property and
improvements in the neighborhood of the
9 subject propert?, or to the general welfare of
the City of Tustin, as evidenced by the
10 following findings:
11 1) The proposed use can be accommodated on
the subject property, providing for
12 adequate onesite circulation and queue
length as supported by the Traffic Study
13 prepared'for this project.
14 2) The use will not negatively affect
surrounding properties or impact the
15 availability of off-street .parking in
that the pharmacy has provided adequate
16 parking in compliance with the Tustin
City Code and the drive-thru service will
17 not create a demand for additional
parking. In addition, based upon the
18 Traffic Study, the additional volume of
traffic generated by this use can be
19 accommodated on Newport AVenue and First
Street as currently improved.
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3) The use is compatible with the
21 surrounding uses in that there are other
commercial uses that have drive-thru
22 service in the immediate vicinity,
including another drive-thru pharmacy
23 approximately 100 feet away from the
subject site and there will be no outdoor
24 speakers.
25 4)~ On-site traffic concerns have generally
been mitigated through the separation of
26 the drive-thru amsle from the on-site
parking.
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Resolution No. 96-37
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5) Off-site traffic concerns caused by.the
3 number of vehicles waiting in the d~ive
aisle to enter the queuing aisle during
4 peak hours have generally been mitigated
through the use of two windows, and a
5 condition of approval requiring the
implementation of additional mitigation
6 measures should there be traffic impacts
in the future.
7
I. That the establishment, maintenance and
8 operation of the changeable copy monument sign
applied for will, under the circumstances of.
9 this case, be detrimental to the health,
safety, morals, comfort, or general welfare of
10 the persons residing or working in the
neighborhood of such proposed use, and be
11 injurious or detrimental to the property and
improvements in the neighborhood of the
12 subject property, or to the general welfare of
the City of Tustin, as evidenced. by the
13 following findings:
14 1) The changeable copy sign .is not
consistent with signs typically installed
15 for retail businesses and will create
sign clutter along the Newport Avenue
16 business corridor.
17 2) Changeable COpy signs are utilized by
public or institutional uses such as
18 churches and schools to provide
information about activities or services.
~19 The use of a changeable copy sign for
advertising could encourage advertising
20 specific brand names and pricing, both of
which are prohibited by the Sign Code.
21
J. Pursuant to Section 9272 of the Tustin
22 Municipal Code, the Council finds that the
location, size, architectural features and
23 general appearance of Design Review 95-023, as
conditioned, will not impair'the orderly and
24 harmonious. development of the area, the
present or future development therein, or the
25 occupancy as a whole. In making such
findings, the Council has considered at least
26 the following items:
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Resolution No. 96-37 ~
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1. Height, bulk and area of buildings. ~
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2. Setbacks and site planning.
3. Exterior materials and colors.
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4. Type and pitch of roofs.
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5. Size and spacing of windows, doors and
7 other openings.
8 6. Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
9
7. Landscaping, parking area design and
10 ~ traffic circulation.
11 8. Location, height and standards of
exterior illumination.
12
9. Location and appearance of equipment
13 located outside of an enclosed structure.
i4 10. Location and method of refuse storage.
15 11.~ Physical relationship of proposed
structures to existing structures in the
16 neighborhood.
17 12o Appearance and design relationship of
proposed structures to existing
18 structures and possible future structures
in the neighborhood ,and public
19 thoroughfares.
20 13. Proposed signage.
21 14. Development'Guidelines and criteria as
adopted by the City Council.
22
'K~ A Negative Declaration has been prepared and
23 certified for this project in accordance with
the provisions of the CalifOrnia Environmental
24 Quality Act (CEQA).
25 L. That the project has. been reviewed for
consistency with the Air Quality Sub-element
26 of the City of Tustin General Plan and has
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Resolution No. 96-37
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been determined to be consistent with the Air
3 Quality Sub-element.
4
II. The City Council hereby upholds the Planning
5 Commission's action to approve Conditibnal Use
Permit 95-008 and Design Review 95-023 to authorize
6 the establishment of driveLthru service in
conjunction with a pharmacy and deny the request
7 for a changeable copy monument sign on the property
located at 13342 Newport Avenue, subject to the
8 conditions contained in Exhibit A of Planning
Commission Reoslution No. 3419, incorporatedherein
9 by reference.
10 PASSED AND ADOPTED by the Tustin City Council, at a
regular meeting on the 6th day of May, 1996.
TRA~Y~~LS
13 YoR
14 PAMELA STOKER
CITY CLERK
15
16 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
17 CITY OF TUSTIN )
18 I, Pamela Stoker, City Clerk and ex-officio Clerk of the
City Council of the City of Tustin, California, do hereby
19 certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and
20 foregoing Resolution No. 96-37 was duly passed and
adopted at a regular meeting of the Tustin City Council,
21 held on the 6th day of May, '1996, by the.following vote:
22 COUNCILMEMBER AYES: ' Worley ,~ Thomas, Doyle, Ports, Saltarelli
COUNCILMEMBER NOES: None
23 COUNCILMEMBERABSTAINED:None
COUNCILMEMBERABSENT: None
24 ~ ~
25 PA~4ELA STOKER'
CITY-CLERK
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