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HomeMy WebLinkAboutPC RES 3878RESOLUTION NO. 3878 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-004 AND DESIGN REVIEW 03-007 TO ESTABLISH A 7,138 SQUARE FOOT VETERINARY CLINIC, AND CONSTRUCTION OF A 2,423 SQUARE FOOT, SECOND FLOOR AREA, WITHIN AN EXISTING 4,715 SQUARE FOOT BUILDING LOCATED AT 3021 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 03-004 and Design Review 03-007 was filed by Veterinary Buildings, LLC to establish a veterinary clinic and construct a 2,423 square foot, second floor area within an existing 4,715 square foot building located at 3021 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. C. That a public hearing was duly called', noticed, and held on said application on June 23, 2003, by the Planning Commission. Do Pursuant to Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed addition will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the building location, height, massing, and scale, and the proposed architectural design and site amenities are consistent with the existing buildings in Jamboree Plaza by incorporating features which are compatible with the setting and similar to other commercial uses in the area. In making such findings, the Commission has considered at least the following items: . 3. 4. 5. Height, bulk, and area of buildings; Setbacks and site planning; Exterior materials and colors; Type and pitch of roofs; Size and spacing of windows, doors, and other openings; Resolution 3878 Page 2 E. o , 10. 11. 12. 13. 14. Towers, chimneys, roof structures, flagpoles, radio and television antennae; Location, height, and standards of exterior illumination; Landscaping, parking area design, and traffic circulation; Location and appearance of equipment located outside an enclosed structure; Location and method of refuse storage; Physical relationship of proposed structures to existing structures in the neighborhood; Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; Proposed signage; and, Development guidelines and criteria as adopted by the City Council. 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 trip generation associated with the veterinary office would 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. 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. Resolution 3878 Page 3 d) All proposed building modifications would be compatible with the design, materials, and colors of the existing building and other buildings within Jamboree Plaza and would not increase the height or footprint of the building. Fo 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 03-004 and Design Review 03-007 authorizing the establishment of a 7,138 square foot veterinary clinic, and construction of a 2,423 square foot, second floor area, within an existing 4,715 square foot building located at 3021 Edinger Avenue within Jamboree Plaza, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning C°mmissi°n' held °n the 23rd day °f/J~'/'~'~'~,~<..~ ~------~ .~/~.¢,~L...t~,_~_.~___~~~ ~ ". . _ ...--, t Chairperson /'/ 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. 3878 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of June, 2003. ELTZA-B-ETI~ A. BINS,~,CK - Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-004 AND DESIGN REVIEW 03-007 JUNE 23, 2003 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 23, 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. (1) 1.2 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. (1) 1.3 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. (1) 1.4 Approval of Conditional Use Permit 03-004 and Design Review 03-007 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 03-004 and Design Review 03-007, 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 SOURCE CODES (,1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S (7) DESIGN REVIEW (s) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A- Resolution 3878 CUP 03-004 and DR 03-007 Page 2 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. 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 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. (1) 2.5 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. BUILDING (3) 3.1 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. · Two (2) copies of Title 24 energy calculations. drawings for Exhibit A - Resolution 3878 CUP 03-004 and DR 03-007 Page 3 · 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. (3) 3.2 The submitted plans 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, Table 4-1, as per type of group occupancy, or as approved by the Building Official. (3) 3.3 The submitted plans shall 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. (3) 3,4 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. (1) 3.5 Irvine Ranch Water District (IRWD) approval shall be obtained for additional water supply needed due to the second floor addition. (1) 3.6 The plans shall identify the area analysis for all buildings and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (1) 3.7 A note shall be provided on the final plans that the building shall be secured during the building construction stages to the satisfaction of the Building Official. 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. 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) 4.2 Prior to the final inspection, this system shall be operational in a manner meeting the approval of the Fire Chief. Exhibit A- Resolution 3878 CUP 03-004 and DP, 03-007 Page 4 ENGINEERING The applicant shall repair any damage done to existing street improvements and utilities prior to final inspection. (c) 5.2 To facilitate City compliance with State of California Waste Recycling requirements, the Project Applicant/Contractor shall submit and obtain approval from the Public Works Department of a Project Recycling Plan on the approved worksheets. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50 percent of the total waste generated by the project and should consist of the following components: 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 percent of the total waste anticipated to be generated by each tenant; Prior to issuance of any grading, encroachment, or building permit, the 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. Exhibit A- Resolution 3878 CUP 03-004 and DR 03-007 Page 5 FEES (1) 6.1 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) 6,2 Prior to issuance of any permits, the applicant shall pay all applicable fees, including but not limited to, 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. C. Payment of the Major Thoroughfare and Bridge Fees for the second floor addition to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.30 per square foot of addition. D. Payment of additional Orange County Sanitation District No. 7 Sewer Connection Fees shall be made at the time a building permit is issued. The current fee is $675.00 per 1,000 square feet of building addition. E. New development fees in the amount of $0.10/sq.ft. of new floor area to the Community Development Department. F. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31/sq.ft. of new floor area of construction to the Community Development Department. G. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sq.ft. of new floor area.