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HomeMy WebLinkAboutPC RES 3882RESOLUTION 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 '130'1 t 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, V.M.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. Do 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 Services. Department, and the California Department of Health 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. ELIZABETH A. BINSACK Planning Commission Secretary ~ ./-~.I~DA C. JENNINGS~// ,~ "-'" Cl~airperson ~/ ~" 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 Page 2 (1) 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 Page 3 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. (***) 2.5 All radioactive materials shall be stored and disposed of in accordance with Federal, State, and local requirements and licensing. (1) 2.6 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: · 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. (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. Exhibit A - Resolution 3882 CUP 03-014 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 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. 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.