Loading...
HomeMy WebLinkAbout02 CUP 04-003 ITEM#2 Report to the Planning Commission DATE: MARCH 8, 2004 SUBJECT: CONDITIONAL USE PERMIT 04-003 APPLICANT: VETERINARY CANCER GROUP ATTN: ROBIN BROGDON OR MONA ROSENBERG 2965 EDINGER AVENUE TUSTIN, CA 92780 PROPERTY OWNERS: LOCATION: NOEL ARTHUR TURNER AND KATHRIN TURNER PO BOX 8919 NEWPORT BEACH, CA 92658-0919 2887 EDINGER AVENUE, BUILDING 15 ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) '- ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO ALLOW A VETERINARY CLINIC THAT WOULD TREAT DOMESTIC ANIMAL CANCER RECOMMENDATION That the Planning Commission: 1) Adopt Resolution No. 3908 approving Conditional Use Permit 04-003; and, 2) Provide staff with general direction on further applications for veterinary clinics in Jamboree Plaza. BACKGROUND The applicant is proposing to relocate their veterinary clinic from an office shared with the Advanced Veterinary Specialty Group located at 2965 Edinger Avenue (Building 22) to 2887 Edinger Avenue (Building 15) (Attachment A - Location Map). Both addresses are located in Planning Area BID of Jamboree Plaza Planned Development. Business license records indicate that the applicant has provided cancer treatment to domestic animals at 2965 Edinger Avenue, the shared office location, since April 23, 2003, without any complaints or known violations. In accordance with the Jamboree Plaza District Regulations, Section 3.4.B.4.t, "veterinary clinics" are allowed within Planning Area D with approval of a conditional use permit. To date, six conditional use permits have been Planning Commission Report CUP 04-003 March 8, 2004 Page 2 approved for veterinary uses in Jamboree Plaza and each approved veterinary use remains in business. Veterinary uses currently occupy 23 percent (35,758 square feet) of all square feet in the center (149,893 square feet). The railroad right-of-way and commuter rail platform exists to the north of the project site; Tustin Legacy exists to the south and west, including new residential construction to the east; and, commercial uses are located within the site. Project Description The following is a discussion of: the proposed use; the existing use and building; parking and traffic; veterinary use concentration; hazardous materials and waste; and, a summary of findings. Proposed Use The applicant is proposing to occupy all 9,402 square feet of Building 15 in Jamboree Plaza for a veterinary clinic which provides cancer treatment to small animals such as dogs, cats, and rabbits (Attachment B - Site and Floor Plan). No wild, exotic, or large animals will be treated in association with the business. Boarding and grooming shall be limited to pre-operation holding pens. The only retail sales that will occur on-site will be doglcat food products, as prescribed for treatments. No outdoor runs are proposed and no pets would be allowed outside of the building, except to and from an owner's vehicle. The applicant would provide diagnostic services for approximately 40 clients a day. The applicant indicates that a standard consultation by appointment lasts 15-30 minutes and an average of four clients are seen in any given hour. The office would operate from 9:00 a.m. to 7:00 p.m. daily with up to 16 staff members. Generally, not all staff members would be on-site at the same time. Existing Use and Building The building is currently owned and occupied by a food distribution warehouse business that has accessory offices. The building is a concrete tilt-up structure which includes 6,712 ground floor square feet and 2,690 mezzanine square feet. The building shares a wall with Building 16 which is of separate ownership and occupied by an engineering company conducting office and warehouse operations. Except for signage which would be reviewed separately, no exterior modifications are proposed to the building. Interior tenant improvements would be necessary to accommodate the proposed veterinary use. Parking and Traffic The Jamboree Plaza Planned Community District Regulations require four parking spaces for each 1,000 square feet of gross floor area for the first 4,000 square feet of a veterinary specialty clinic and six spaces for each 1,000 square feet of gross floor area in excess of the initial 4,000 square feet of floor area. General office areas have a parking requirement of one parking space for every 250 square feet and storagelwarehouse areas require one parking space for every 1,000 square feet of floor area. Planning Commission Report CUP 04-003 March 8, 2004 Page 3 The applicant provided data showing the approximate square feet for each component of the veterinary use (Attachment C - Analysis Chart) for the purpose of determining the amount of parking required for the proposed use. The primary uses by square feet are, in decreasing order, officeloffice support (4,179), veterinary clinic (2,624), storage (1516), and wall space (1,083) The Jamboree Plaza Planned Development contains the Jamboree Plaza Owners Association. The CC&Rs for the association reserve 32 parking spaces for Building 15. As evidenced by the parking survey conducted for the commercial center (Attachment D - Parking Survey), the proposed use requires 29 parking spaces which three fewer than Building 15 is allocated under the CC&Rs. Including the proposed use, the commercial center has a surplus of 42.83 parking spaces. The use would generate 8 more a.m. peak hour trips and 20 more p.m. peak hour trips as compared to occupancy of the building by an industrial use. However, the City Traffic Engineer has determined that the proposed veterinary clinic would not exceed the trip generation approved for Jamboree Plaza, and no impacts to Edinger Avenue and the adjacent public circulation system are expected. Veterinary Use Concentration If the proposed use is approved, 30 percent of Jamboree Plaza will consist of veterinary uses. Although veterinary uses are conditionally permitted within Jamboree Plaza, more than a 30 percent conversion of warehouse, commercial, or general office square feet within Jamboree Plaza may result in an over-concentration of veterinary uses. A mix of uses should be provided within Jamboree Plaza to complement and support surrounding uses, including users of the commuter rail platform, and ensure a balanced land use pattern. If the project is approved, the applicant has expressed an interest in expanding the mezzanine in the building by 1,070 square feet. Since the additional square footage would be in the mezzanine of an existing building, would be used as part of the proposed use, and would not displace any other existing uses, the additional square feet would not be detrimental to the mix of uses in the shopping center if the applicant demonstrates there is adequate on-site parking to justify the expansion. Condition No. 2.5 would allow staff to approve the addition as a minor administrative modification of the conditional use permit. In addition to consideration of this project, staff is requesting that the Planning Commission provide general direction regarding further applications for veterinary clinics in Jamboree plaza so that staff may provide indications to potential applicants while they are in an inquiry stage. Hazardous Materials and Waste The use would generate hazardous wastes, such as radiological and biological wastes, which would continue to be disposed of by contract with firms specializing in hazardous waste removal such as BFI Waste and Stericycle. Storage of products prior to pickup would take place as permitted by the Orange County Health Care Agency and the Planning Commission Report CUP 04-003 March 8, 2004 Page 4 contracting companies. Conditions of approval are included to require 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. ANAL YS~ In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed veterinary clinic 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. Summary of Findings A decision to approve this request can be supported by the following findings: 1) That operation of a specialty veterinary clinic, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposed veterinary clinic, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the use is located within a commercial business center where sufficient parking is available. The maximum trip generation associated with the veterinary clinic will not exceed the maximum trip capacity for Jamboree Plaza and no impacts to Edinger Avenue are anticipated. b) All operations will continue to be monitored by 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 of biohazardous, radiological, medical, and sharp wastes would take place within the building in compliance with requirements of the applicable regulatory agency. d) Approval of the use will not create an over concentration of veterinary uses in Jamboree Plaza in that a minimum of 70 percent of the center will remain available for other uses. Planning Commission Report CUP 04-003 March 8, 2004 Page 5 (~ C)!\J..~~ f)~ f~vt-- Karen Peterson Senior Planner Attachments: A - Location Map B - Site and Floor Plans C - Analysis Chart D - Parking Survey E - Resolution No. 3908 S:\Cdd\Chad\CUP\Staff Report\CUP 04-O03.doc ATTACHMENT A Location Map rn LOCATION MAP 2887 EDINGER AVENUE CUP 04-003 l(\~.~. """, ý ~ .........- -":s 1 TUSTIN CITY NAP ~ r-rr-n 0 76 160 226300 SCALE IN FEn ATTACHMENT B Site and Floor Plans EJ iðJ t?Î "" EJ 00 5~ Ii ! ~ ! ~ j h B , I.' . ! h. ~f ¡¡ 1;1 ,I:' . . SITE PLAN: VETERINARY CANCER GROUP PROJECT ADDRESS: 2887 EDINGER AVENUE, TUSTIN CA PERMIT NO: CUP04-003 ISSUE DATE: 02.19.04 I I I --- II I I I I I I I ...... II I ¡p ...... II I I I - "".","."""'" m'",' . 4 I . L: . ~ LOBeY TfIU: NOR11-I OFFICE 2Ø2 6T~ CLœET 211 6ERYE~ 1õ!M. 1444* OFFICE OFFICE OPEN TO BELCH 12Ø51 2Ø8 2Ø'i'1 I 2ID1 I ~ALLWAY ~ l.1!!J ~ININGI BFõEAK CQF. N1. IIiIOOM VETERINARY CANCER GROUP: Second Floor 2887 Eclnger Avenue, Tustin CA PEfMT NO: CUPO4-o03 ISSUE DATE: 02.18.04 (Revlsedl ~ ATTACHMENT C Analysis Chart S.F. TOTALS: PARKING EQIRED: ATTACHMENT D Parking Survey ". Á € PER CUP 98-028 PER CUP 03-004 PER CUP 99-008 PER CUP 00-003 149893 Unknown 440 219.67 20.80 34.35 6.00 46.96 PARKING PROVIDED PARKING REQUIRED SURPLUS PARKING 0.00 113.60 512.00 469.17 42.83 5.24 22.56 0.00 TOTAL 28.73 33.55 27.64 5.20 5.22 20.80 30.60 33.00 14.75 25.00 12.10 8.10 4.88 0.00 6.46 6.45 17.00 18.44 19.20 18.34 17.40 22.51 25.60 21.24 9.23 8.95 4.05 24.73 0.00 0.00 0.00 0.00 0.00 0.00 469.17 ATTACHMENT E Planning Commission Resolution No. 3908 RESOLUTION NO. 3908 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-003 TO ESTABLISH A VETERINARY CLINIC LOCATED IN BUILDING 15 OF JAMBOREE PLAZA AT 2887 EDINGER AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. That a proper application, Conditional Use Permit 04-003, was filed by Robin Brogdon and Mona Rosenberg on behalf of the Veterinary Cancer Group requesting authorization for a 9,402 square foot veterinary clinic located in Building 15 of Planning Area BID within the Jamboree Plaza Planned Community at 2887 Edinger Avenue. That a public hearing was duly called, noticed, and held for said application , on March 8, 2004, by the Planning Commission. C. D. c) That the proposed project is in compliance with the Jamboree Plaza Planned Community District Regulations because veterinary clinics are allowed with an approved conditional use permit. The proposed project is in compliance with the Planned Community Commercial Business General Plan Land Use Designation of the Tustin General Plan in that the designation supports medical service uses such as veterinary clinics. That operation of a specialty veterinary clinic, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: a) The proposed veterinary clinic, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the use is located within a commercial business center where sufficient parking is available. The maximum trip generation associated with the veterinary clinic will not exceed the maximum trip capacity for Jamboree Plaza and no impacts to Edinger Avenue are anticipated. b) All operations will continue to be monitored by 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. The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of persons Resolution No. 3908 Page 2 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 of biohazardous, radiological, medical, and sharp wastes would take place within the building in compliance with requirements of the applicable regulatory agency. d) Approval of the use will not create an over concentration of veterinary uses in Jamboree Plaza in that a minimum of 70 percent of the center will remain available for other uses. E. This project is Categorically Exempt pursuant to Sections 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Resolution No. 3908 authorizing the establishment of a 9,402 square foot veterinary clinic at 2887 Edinger Avenue, Building 15 within Planning Area BID of the Jamboree Plaza Planned Community. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of March, 2004. LINDA C. JENNINGS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3908 Page 3 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 City of Tustin, California; that Resolution No. 3908 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of March, 2004. ELIZABETH A. BINSACK Planning Commission Secretary 1.5 As a condition of approval of Conditional Use Permit 04-003, 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) EXHIBIT A CONDITIONAL USE PERMIT 04-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3908 The proposed project shall substantially conform with the submitted plans for the project date stamped March 8, 2004, 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 04-003 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. (5) (6) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION *** Exhibit A - Conditions of Approval Cup 04-003 Page 2 (1 ) (1 ) 1.6 1.7 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. 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 attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RE~TRICTIONS (***) (***) (1 ) *** *** 2.1 2.2 2.3 2.4 2.5 BUILDING (3) 3.1 All animals shall be confined within the building, except for movement to and from the owner's vehicle. All biohazard and sharp 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, sharp, and medical wastes. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Boarding, grooming, and the retail sale of pet products are prohibited except if conducted in association with animals receiving treatment. Domestic animals awaiting surgery may be boarded for up to 12 hours on-site. Medications and special dietary foods may be sold on-site for domestic animals receiving on-site surgery or consultation. Any addition of square footage in the mezzanine may be approved by the Community Development Department if the Applicant demonstrates there is sufficient parking in the center and the property owner association authorizes the use of more than thirty-two (32) parking spaces. Building plan check for tenant improvements submittal shall be required and include the following: Exhibit A - Conditions of Approval Cup 04-003 Page 3 (3) 3.2 (3) 3.3 . 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. . Seven (7) 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. 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. 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. ORANGE COUNTY FIRE AUTHO~ (5) 4.1 (5) 4.2 (5) 4.3 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." Prior to final inspection, the automatic fire sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. Prior to final inspection, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be Exhibit A - Conditions of Approval Cup 04-003 Page 4 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 Prior to issuance of any building permits, payment shall be made of all required fees including, but not limited to: a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. . (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.