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HomeMy WebLinkAboutPC RES 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. C. D. c) 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. 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. JJ &~d~¿ 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 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. ~. ;¡¿~~ - ~ IZABETH 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 CqDES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (7) (4) DESIGN REVIEW ~ (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 PCtCC 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 RESTRICTIONS (***) (***) (1 ) *** *** 2.1 2.2 2.3 2.4 2.5 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. Exhibit A - Conditions of Approval Cup 04-003 Page 3 BUILDING (3) 3.1 (3) 3.2 (3) 3.3 Building plan check for tenant improvements submittal shall be required and include the following: . 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. Q.RANGE COUN~HORITY (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." Exhibit A - Conditions of Approval Cup 04-003 Page 4 (5) 4.2 (5) 4.3 FEES (1 ) 5.1 (1 ) 5.2 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 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. 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. 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.