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HomeMy WebLinkAbout04 CUP 03-014ITEM #4 Report to the Planning Commission DATE: JULY 28, 2003 SUBJECT: CONDITIONAL USE PERMIT 03-014 PROPERTY OWNER/ APPLICANT: PLAZA LAFAYETTE, LLC. 13031 NEWPORT AVENUE, SUITE 200 TUSTIN, CA 92780 LOCATION: 13011 NEWPORT AVENUE, SUITE 107 ZONING: CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO ESTABLISH A VETERINARY CLINIC RECOMMENDATION That the Planning Commission adopt Resolution No. 3882 approving Conditional Use Permit 03-014. BACKGROUND The applicant is requesting approval to establish a 1200 square foot veterinary clinic within an existing tenant space located at the Plaza Lafayette shopping center at the northwest corner of Newport Avenue and Irvine Boulevard (Attachment A - Location Map). Veterinary clinics can be established within Central Commercial (C-2) district with approval of a Conditional Use Permit. Site and Surrounding Properties The property is located within an existing shopping center and bounded by Newport Avenue to the east, Irvine Boulevard to the south, a retail and office complex to the west, and an apartment complex to the north. The proposed tenant space is located between two retails spaces and six (6) tenant spaces away from the closest restaurant. Planning Commission Report CUP 03-014 & DR 03-007 July 28, 2003 Page 2 DISCUSSION Project Description The proposed project would involve tenant improvement which includes installation of a reception area, two exam rooms, a surgery room, a treatment room, dog runs, cat suites, and bathing/storage facility (Attachment B - Submitted Plans). The clinic would provide veterinary services primarily for dogs and cats. Services to be rendered include: · Internal medicine-diagnostics, treatment, and consultation; · Basic surgical procedures - spay, neuter, wound treatment, biopsy, tumor excisions, orthopedic procedures, and other basic soft tissue surgical procedures; · Dental care- cleaning, scaling, and extractions; · Diagnostic services including ECG, laboratory analysis, radiography, ultrasonography, and endoscopy; · Nutritional consultation; · Daytime hospitalization; · Limited boarding services, primarily for cats; and, · Other limited services. The facility will operate five (5) days a week with hours of operation from 9:00 a.m. to 6:00 p.m. "After Hours" emergency services will be referred to another facility (Advanced Critical Care and Internal Medicine located fewer than four (4) miles from the site). Only limited boarding services for feline patients who do not require twenty- four (24) hour medical monitoring will be provided. Additional information related to the operation of the veterinary clinic is included as Attachment C. Condition 2.1 is included to require all animals stay within the building, except for movement to and from the owner's vehicle. Parking/Circulation Based on the parking demand analysis that was prepared for the retail center in 1999 as part of the addition of a new parking area to the rear of Plaza Lafayette, the proposed tenant space was allocated six (6) parking spaces. Section 9233.c.(b) of the Tustin City code requires four (4) off-street parking spaces per doctor plus one (1) parking space for each additional employee. The proposed project would be operated by one (1) doctor and two (2) employees. Therefore a total of six (6) parking spaces would be required to accommodate the proposed veterinary clinic. Condition 2.1 of Resolution No. 3882 (Attachment D) limits the maximum number of doctors and employees and Planning Commission Report CUP 03-014 & DR 03-007 July 28, 2003 Page 3 provides for future expansion of services through an administrative approval of a new parking demand analysis. The Traffic Engineer has reviewed the proposed use and has determined that, with the occupancy restrictions stated in Condition 2.1, the use will demand an equivalent number of parking spaces as the previous use and no parking impacts are anticipated. Hazardous Materials and Waste Hazardous wastes, such as biological wastes, would be required to be disposed of by contract with firms specializing in hazardous waste removal. Storage of products prior to pickup would take place in sealed plastic biohazard containers provided by the collection company. Condition 2.3 is included requiring these methods to be reviewed and approved by the appropriate regulatory agencies, including the Orange County Fire Authority, the Orange County Health Care Agency, and the Orange County Integrated Waste Management Department (Attachment D - Resolution No. 3882). Conditions 2.4 and 2.5 are included to ensure all radioactive processes and materials are handled in accordance with all applicable Federal, State, and local laws and regulations. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported 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 shopping center where sufficient parking is available. The trip generation associated with the veterinary office would be consistent with the parking demand for the previous retail use in that both uses require six (6) parking spaces. The Traffic Engineer has reviewed the proposed use and has determined that, with the occupancy restrictions included as Condition 2.1 of Resolution No. 3882, which results in the demand for an equivalent number of parking spaces as the previous use, no parking impacts are anticipated. b) Operation of the clinic would be regulated and monitored by State and County regulatory agencies including: the Orange County Fire Authority, the Orange County Health Care Agency, the Orange County Integrated Waste Management Department, and the California Department of Health Services. Planning Commission Report CUP 03-014 & DR 03-007 July 28, 2003 Page 4 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 and storage of biohazardous, medical, and sharps wastes would take place within the building in compliance with requirements of the applicable regulatory agency. Ju~t~a V~illkom - Associate Planner Attachments: A. Location Map B. Submitted Plans C. Operational Description D. Resolution No. 3882 Community Development Director S:\Cdd\PCREPOR~CUP 03-014.doc ATTACHMENT A Location Map LOCA'[ N MAP PROJECT NO. ADDRESS CUP 03-014 13011 NEWPORT AVENUE, STE. 107 TUSTIN, CA 92780 ATTACHMENT B Submitted Plans Newport Pet Clinic ~ Suite 107 ,zoo k~g ~ . 13011 Newpo~ Ave. BL~. Suite 107 o'1 PROJEC~T. ADDRESS: 1.3011 - NEW~DRT. TLI~IN, CAUFORI'~I,~: 92! ATTACHMENT C Operation Description Arthur Bass: V.M,D July 3, 2003 Justina Willkom Associate Planner City of Tustin 300 Centennial Way Tustin, CA 92780 RECEIVED JO[ 0 7 2003 COM NITY DEVELOPMENT Yorktown Circle Orange, CA 92869 714-633-6289 Re: Application for Conditional Use Permit 03-014 [Suite 107, 13011 Newport Avenue, Tustin] Dear Justina, I am writing in response to your letter, dated July 1, 2003, regarding your request for additional submissions to complete our CLTp application. I am happy to respond to the questions and concerns of the Community Development Department. With regard to thc Types and number of animals that would be treated at thc facility: This will be a 'Small Animal Pet Clinic' dealing primarily with Dogs and Cats. Services to be rendered for our Canine and Feline patients will include: -Internal Medicine - diagnostics, treatment and consultation -Basic Surgical procedures such as Spay and Neuter, Wound Treatment, Biopsy, Tumor Excisions, Basic Orthopedic Proccdurcs, and other basic soft tissue surgical procedures. -Dental Care Services including cleaning, scaling, extractions -Diagnostic Services including ECG, Laboratory Analysis, radiography, ultrasonography and endoscopy. -Nutritional Consultation -Daytime hospitalization -Limited Boarding services primarily for Cats Some limited services will be offered for Avian and other 'exotic' patients such as wing, beak and nail trimming, dental trimming, nail trimming and ear cleaning for rabbits. Our plan for this facility is to provide very personalized patient care with an emphasis on quality and client communication. To accommodate this, appointments will be scheduled to a maximum of four visits per hour. Appointment hours on 'non-surgery' days will likely encompass 6 hours for a maximum number of patient visits of twenty four. As is typical with such facilities, most of these visits will be 'out-patient' visits while a smaller percentage will be 'drop-off' appointments involving a partial day stay for observation, monitoring or procedures. Thc two 'Surgery Days' per week would provide morning hours for elective surgical procedures and afternoon hours for office visits. With regard to the hours of operation: Our current plan is to operate the facility 5 days a week with hours of operation being from 9am to 6 pm for most days. To accommodate our clients' needs, we are planning to offer at least 1 or 2 weekend days of operation per month. Many of the stores within the center are closed on Sunday and Monday. Depending on our clients' requests, we may decide to offer at least one week-day evening a week for appointments; such an evening might extend our hours until 8pm. Page 2 With regard to General Operating Procedures: -Emergency Services, especially during 'after-hours' periods, will be provided by Advanced Critical Care & Internal Medicine - also located in Tnstin less than 4 miles away. Daytime emergencies will be handled on-site during regular office hours and will be referred to Advance Critical Care & Internal Medicine for follow-up care after hours. -All patients in need of 24 hour monitoring and hospitalization will be transferred to Advanced Critical Care & Internal Medic'me in keeping with appropriate medical care. Such patients will be provided full monitoring during their hospitalization. -We will offer limited boarding services primarily for our Feline Patients and for small animals who do not require 24 hour medical monitoring. -We will be making extensive use of the services of local specialty veterinary facilities to augment our services and provide the most comprehensive medical and surgical care. -We will also be offering limited House Call services for our elderly clients as well as for others who can not easily transport their pets to the clinic. With regard to the location of the tenant space within the center: -There was a suggestion for us to consider locating our clinic within the former bank building. While this location was considered, this space is considerably larger than our required space for the operation and would thus have to be subdivided. The landlord is actively seeking a tenant to occupy the entire site. In addition, the former bank location is being offered at a much higher rental rate in addition to its larger size commanding a much higher monthly 'triple-net' fee. The currently planned location within the center provides for a more intimate location which better suits our business plan. In addition, we can make usc of much of thc existing walls, doors and dividers. -The former bank location would place the clinic directly between, and adjacent to, two restaurant locations - a concern presented by the Community Development Department. The current location, Suite 107, places our clinic 6 units away from the closest restaurant establishment and 9 spaces away from the other. Having operated another pet clinic that was immediately adjacent to a restaurant, it is with confidence that I can say that our proximity will not impact the restaurants. The concern of proper clinic management and maintenance of cleanliness is one that we share as well. We feel very strongly that any veterinary care fac'flity must maintain very high standards of sanitation. Aside from the medical implications, a clean, well maintained facility presents exactly thc environment that our clients will expect from us. It is also our desire to be a great neighbor to our fellow businesses within thc center. -Access to the 'rear parking area' is provided via the arched walkway so our clients can make use of thc additional parking located at thc rear of the center. Page 3 Bonnie and I look forward to the Planning Commission meeting on July 28, 2003 and will both be happy to attend. We are both very excited about our new business venture. Please let me know ff any other questions or concerns arise or ff there are any other requirements to satisfy completeness of our application. Sincerely, /~t j Arthur Bass, V.M.D. ATTACHMENT D Resolution No. 3882 RESOLUTION NO. 3882 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-014 TO ESTABLISH A 1,200 SQUARE FOOT VETERINARY CLINIC WITHIN AN EXISTING VACANT TENANT SPACE AT AN EXISTING SHOPPING CENTER LOCATED AT 13011 NEWPORT AVENUE, SUITE 107. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 03-014 was filed by Arthur Bass, VoM.D., and Bonnie Garcia to establish a veterinary clinic within an existing 1,200 square foot tenant space located at 13011 Newport Avenue, Suite 107. The proposed project is consistent with the policies of the General Plan land use designation "Community Commercial" which provides for policies and guidelines for retail, professional office, and service-oriented 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 July 28, 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 shopping center where sufficient parking is available. The trip generation associated with the veterinary office would be consistent with the parking demand for the previous retail use in that both uses require six (6) parking spaces. The Traffic Engineer has reviewed the proposed use and has determined that, with the occupancy restrictions included as Condition 2.1 of Resolution No. 3882, which results in the demand for an equivalent number of parking spaces as the previous use, no parking impacts are anticipated. b) Operations of the clinic would be regulated and monitored by State and County regulatory agencies including: the Orange County Fire Authority, the Orange County Health Care Agency, the Orange County Integrated Waste Resolution 3882 Page 2 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 and storage 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 03-014 authorizing the establishment of a 1,200 square foot veterinary clinic located at 13011 Newport Avenue, Suite 107, subject to conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 28th day of July, 2003. LINDA C. JENNINGS 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. 3882 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of July, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-014 JULY 28, 2003 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 The proposed project shall substantially conform with the submitted plans for the project date stamped July 28, 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 03-014 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. SOURCE CODES (~) (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 3882 CUP 03-014 and DR 03-007 Page 2 (1) 1.s As a condition of approval of Conditional Use Permit 03-014, 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. 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. (1) 1.7 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 A maximum of one (1) doctor and two (2) employees shall be in the facility at any given time. If additional parking becomes available, or a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of doctors or employees may be increased at a ratio of four (4) parking spaces per doctor and one (1) parking space per employee. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit. (***) 2,2 All animals shall be confined within the building, except for movement to and from the owner's vehicle. (***) 2.3 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. (***) 2.4 The applicant shall obtain, abide by, and maintain an active Radioactive Materials License from appropriate regulatory agencies for the proposed Exhibit A - Resolution 3882 CUP 03-014 and DR 03-007 Page 3 (***) 2.5 (1) 2.6 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. All radioactive materials shall be stored and disposed of in accordance with Federal, State, and local requirements and licensing. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. BUILDING (3) (3) (3) (3) 3.1 3.2 3.3 3.4 Building plan check submittal shall include the following: · Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · 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. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. The submitted plans shall indicate that restrooms are accessible to persons with disabilities as per State of California ^ccessibility 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 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. 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. Exhibit A - Resolution 3882 CUP 03-014 and DR 03-007 Page 4 ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the certificate of occupancy, 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 FEES (1) 5.1 (1) 5.2 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. 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. All applicable Building plan check and permit fees shall be paid to the Community Development Department. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.