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HomeMy WebLinkAboutPC RES 3877RESOLUTION NO. 3877 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-006 TO ESTABLISH A VETERINARY CLINIC WITH BOARDING FOR CATS WITHIN AN EXISTING 4,970 SQUARE FOOT BUILDING LOCATED AT 3069 EDINGER AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 03-006 was filed by Thomas Elston to establish a veterinary clinic with boarding for cats at 3069 Edinger Avenue within Jamboree Plaza. B. The proposed project is consistent with the policies of the General Plan land use designation "Planned Community Commercial/Business" which provides for policies and guidelines for light industrial uses and with the Planned Community Industrial (PC-IND) zoning district (Jamboree Plaza) 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. Co Do That a public hearing was duly called, noticed, and held on said application on June 9, 2003, by the Planning Commission. 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: a) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a commercial business center where sufficient parking is available. The maximum trip generation associated with the veterinary office will not exceed the maximum trip capacity for Jamboree Plaza and no impacts to Edinger Avenue are anticipated. b) Operations of the clinic would be regulated and monitored by State and County regulatory agencies including: Orange County Fire Authority, the Orange County Health Care Agency, the Orange County Integrated Waste Management Department, and the California Department of Health Services. Resolution 3877 Page 2 c) 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. Storage and removal of biohazardous, medical, and sharps wastes would take place within the building in compliance with requirements of the applicable regulatory agency. E. This project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 03-006 to authorize establishment of a veterinary clinic with boarding for cats within an existing 4,970 square foot office building, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2003.. .,- "'QIq'D,~' C. JENNINGS 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. 3877 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-006 JUNE 9, 2003 The proposed project shall substantially conform with the submitted plans for the project date stamped June 9, 2003, 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 Conditional Use Permit 03-006 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. As a condition of approval of Conditional Use Permit 03-006, 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) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS (7) DESIGN REVIEW (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A- Resolution 3877 CUP 03-006 Page 2 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 by ordinance. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (***) 2.1 All animals shall be confined within the building, except for movement to and from the owner's vehicle. 2,2 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. 2.3 The applicant shall obtain, abide by, and maintain an active Radioactive Materials License from appropriate regulatory agencies for the proposed location. The applicant shall provide evidence to the Director of Community Development that a license has been obtained prior to final inspection of tenant improvements, and subsequently thereafter on an annual basis from the date of this approval. (***) 2.4 All radioactive materials shall be stored and disposed of in accordance with Federal, State, and local requirements and licensing. BUILDING (3) 3.1 (3) 3.2 The submitted plans need to 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, Table 4-1, as per type of group occupancy, or as approved by the Building Official. The submitted plans need to identify that the vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. Exhibit A- Resolution 3877 CUP 03-006 Page 3 (3) 3.3 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 Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.4 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Two (2) copies of Title 24 energy calculations. · The location of any utility vents or other equipment shall be provided on the roof plan. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.5 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to the required automatic fire sprinkler system in the 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." (5) (5) 4.2 4,3 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 issuance of a 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. This type of occupancy commonly uses medical gases or other related materials; 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." (5) 4,4 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 Exhibit A- Resolution 3877 CUP 03-006 Page 4 contact the OCFA Hazardous Materials Services Section at (714) 744- 0463 to obtain a copy of the packet. (5) 4.5 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on-site to the Fire Chief for review and approval. (5) 4,6 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 4.7' 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 to obtain a copy of the "Guidelines for New and Existing Fire Alarm Systems." (5) 4.8 The fire alarm system shall be operational prior to the issuance of a certificate of use and occupancy. FEES (1) $.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 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) 5.2 Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.