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HomeMy WebLinkAboutPC RES 3644l0 12 ]4 2O 2! 24 -"6 2'/ RESOLUTION NO. 3644 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 98-028 TO ESTABLISH A VETERINARY SURGICAL CLINIC AT 2955 EDINGER AVENUE (JAMBOREE PLAZA). The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application, Conditional Use Permit 98-028, was filed by Veterinary Specialty Associates requesting to establish a Veterinary Surgical Clinic at 2955 Edinger Avenue, within Jamboree Plaza. B, That a proper application, Zone Change 98-003, was filed by Veterinary Specialty Associates requesting to amend the Jamboree Plaza District Regulations Section 3.4.F.4 to designate Veterinary Surgical Clinics as conditionally permitted uses, and to amend Section 3.7.B.2 to establish parking requirements for Veterinary Surgical Clinics. Co That a public hearing was duly called, noticed and held for said application on December 14, 1998 by the Planning Commission. De That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that all activities would take place within the building. In particular, animals would be confined to within the building and storage of biohazardous, medical, and sharps wastes would take place within the building. 2) The proposed use, as conditioned, will not be detrimental to nor have a negative effect on surrounding property owners in that parking demand can be accommodated on-site, within the spaces allocated to the building. Further, the anticipated Average Daily Trips generated by the proposed use on the adjacent streets would not exceed Orange County Congestion Management Program thresholds. ]0 14 15 20 2! 24 2(; Resolution No. 3644 Page 2 E. A Negative Declaration has been prepared and certification for this project in accordance with the California Environmental Quality Act (CEQA). recommended for provisions of the I!. The Planning Commission hereby approves CUP 98-028 to establish a Veterinary Surgical Clinic at 2955 Edinger Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of December, 1998. ELIZABETH A. BINSACK Planning Commission Secretary ~E.SLIE,~,~~,~~.~PONiiOU 'S' Chairperson 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 Planning Commission of the City of Tustin, California; that Resolution No. 3644 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of December, 1998. ELIZABETH A. BiNSACK Planning Commission Secretary (1) (1) (,I) (1)' EXHIBIT A CONDITIONAL USE PERMIT 98-028 CONDITIONS OF APPROVAL RESOLUTION NO. 3644 GENERAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped December 14, 1998 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. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.3 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 wdtten request is received by the Community Development Department within thirty (30) days prior to expiration. 1.4 Approval of Conditional Use Permit 98-028 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. 1.6 Approval of Conditional Use Permit is contingent upon approval by the City. Council of Zone Change 98-003. 1.7 Amendments to Conditional use Permit 98-028 may be considered and approved by the Planning Commission. Exhibit A - Conditions of Approval Cup 98-028 Page 2 PLAN SUBMI'I-I'AL (5) At the time of building permit application, the plans shall comply with the 1994 Uniform Building Code, other related codes, City Ordinances, and State and Federal laws and regulations. (~) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (3) 2.2 At building plan check submittal the following shall be provided: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Disabled Access and Energy Requirements shall be complied with as required by the Building Official. (2) B. Preliminary technical detail and plans for all (3)utility installations including telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (1) 2.3 Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. USE RESTRICTIONS All biohazard and sharps waste shall be stored inside the enclosed building, in accordance with appropriate regulatory standards, as set by the Orange County Fire Authority, Health Care Agency, and Integrated Waste Management Department, for disposal by a firm specializing in the handling of biohazardous, sharps and medical wastes. All animals shall be confined to within the building, except for movement to and from the owner's vehicle. *** 3.3 Boarding,. grooming and the retail sale of pet products shall be prohibited. Exhibit A - Conditions of Approval Cup 98-028 Page 3 HAZARDOUS MATERIALS (5) 4.1 Prior to the issuance of any grading or building permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and c'ubic feet. FEES (1) (1) 5.1 5.2 Prior to issuance of any building permits, all payments shall be made of all applicable fees including the building division and sign permit fees. .Payment shall be required based upon those rates in effect at the time of payment and are subject to change. 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 $38.00 (thirty eight dollars) 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.