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HomeMy WebLinkAboutZAA 17-012 VETERINARY CLINIC ZONING ADMINISTRATOR ACTION 17-012 CONDITIONAL USE PERMIT 2017-18 15100 KENSINGTON PARK DRIVE, SUITE 520 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2017-18 was filed by Dr. Hayek and Dr. Negvesky on behalf of Tustin Legacy Animal Hospital, requesting authorization to establish and operate a veterinary clinic located within an existing 2,685-square-foot tenant space located at 15100 Kensington Park Drive, Suite 520, in The Village at Tustin Legacy. B. That the property is zoned as Tustin Legacy Specific Plan (SP-1) within Planning Area 7; and designated as Tustin Legacy Specific Plan by the Tustin General Pian. 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 in accordance with Tustin City Code .Section 9299b3(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for CUP 2017-18 on December 13, 2017, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed indoor soccer training facility 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 nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed use would be located within an existing medical office retail building in the Medical Plaza of The Village at Tustin Legacy where there would be no primary change of use, no expansion of floor area, and the request would not alter the original intent of the project or site. 2) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building. The number of clients, hours or operation, and type of Zoning Administrator Action 17-012 Condifionai Use Permit 2017-18 Page 2 business are consistent with other businesses within the Medical Plaza of The Village at Tustin Legacy. 3) The proposed use, as conditioned, would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed business would care for sick and injured pets and promote the health and hygiene of animals within the community. 4) Parking for the proposed use can be accommodated in that the peak parking demandi will, be 564 parking spaces and there are currently 577 parking spaces provided in the Medical Plaza in The Village at Tustin Legacy to accommodate the parking demand. 5) The project would be conditioned to comply with the Tustin Noise Ordinance. 6) The proposed business hours are 7:30 a.m. to 6:00 p.m., Monday through Friday, and 8,00 a.m. to 1.30 p,m., Saturday, which is consistent with the hours of operation for other uses in the area. F. That this project is categorically exempt pursuant to Section 1530111, (Class 1 — Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is, an existing facility ands involves no expansion of an existing medical plaza. 11. The Zoning Administrator hereby adopts Zoning Administrator Action! No. 17-012 approving CUP 2017-18 authorizing the establishment and operation of a veterinary clinic located within an existing 2,685-square-foot tenant space, located at 15100 Kensington Park Drive, Suite 520, subject to, the conditions contained: within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the, 13u' day of December, 2017. ELIZABETH A. BIN; ACK ZONING ADMINISTRATOR JESSICA Ar RECORDING SECRETARY Zoning Administrator Action 17-012 Conditional Use Permit 2017-18 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Jessica Aguilar, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 17-012 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1 e day of December, 2017. JESSICA AGUILA RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2017-18 15100 KENSINGTON PARK DRIVE, SUITE 520 GENERAL (1) 1.1 The proposed project shall substantially conform with: the submitted plans for the project date stamped December 13., 2017, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Comm unity.Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC), (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-18 is contingent upon the applicant and property owner signing and 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS Zoning Administrator Action 17-012 Conditional Use Permit 2017-18 Exhibit A- Page 2 (1) 1.7 CUP 2017-18 may be reviewed annually or more 'often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated -in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates _that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Provide additional parking. c. Install additional sound attenuation material. (1) 1.9 As a condition of approval of CUP 201718, 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. USE RESTRICTIONS (1) 2.1 The hours of operation for the business shall be as follows: Monday-- Friday: 7:30 a.m. to 6:00 p.m. Saturday: 8:00 a.m. to 1:30 p.m,. Zoning Administrator Action 17-012 Conditional Use Permit 2017-18 Exhibit A Page 3 Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (*} 2.2 All animals shall be cared for within the building, except for movement to and from the owner's vehicle. Business operations may not cause or lead the animals to defecate outside of the premises. The business owner must remove pet waste on a daily or more frequent basis as necessary and dispose of waste per the guidelines set forth from the Irvine Ranch Water District. (*} 2.3 All animals shall be kept within an enclosed, air conditioned, sound- proof structure. The building shall be designed so that no odors will be discernable outside of the building. Exterior doors shall remain closed at all times except as needed for ingress and egress. (*) 2.4 No overnight boarding of animals shall be allowed. ( ) 2.5 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 waste. (*) 2.6 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. {*} 2.7 All radioactive materials shall be stored and disposed of in accordance with Federal, State, and local requirements and licensing. (1) 2.8 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise impacts on adjacent tenants. (1) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.10 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional use permit by the Planning Commission. Zoning Administrator Action 17-012 Conditional Use Permit 2017-18 Exhibit A Page 4 (1) 2.11' If the use authorized by CUP 2017-18 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2016 California Building Code, (5) California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 3.2 Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans shall be submitted with permit application. All plans shall be signed by a registered architect or civil/structural engineer. (3) 3.3 Provide building data on pians, i.e., construction type, occupancy group and occupant load. (3) 3.4 Provide at least one (1) accessible route within the site from the accessible parking spaces and accessible loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance. When more than one route is provided, all routes must be accessible. (3) 3.5 Provide accessible restroom facilities per CBC chapter 11 B. (3) 3.6 Provide accessibility in all medical, consulting, staff room, waiting areas, service counters and etc. per CBC chapter 11 B. (1) 3.7 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the , applicant will comply with the City's 'requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management PIan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500.00, whichever is greater. In no event shall a deposit exceed $25,000.00. 'b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's Zoning Administrator Action 17-012 Conditional Use Permit 2017-18 Exhibit A Page 5 check, personal check, or money order made payable to the "City of Tustin". FEES (1) 4.1 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 fifty dollars ($50.00) 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) 4.2 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: a. Building and Planning plan check and permit fees b. Orange County Health Care agency (Environmental Health)