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HomeMy WebLinkAboutPC RES 4382 RESOLUTION NO. 4382 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2019-00003 AUTHORIZING THE ESTABLISHMENT OF A 5,420 SQUARE FOOT PEDIATRIC URGENT CARE OFFICE WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 14971 HOLT AVENUE. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00003 was filed by David Biehl of PM Pediatrics Management Group, LLC, requesting authorization to establish a 5,420 square foot pediatric urgent care office within an existing commercial building at 14971 Holt Avenue. B. The project site is located within Development Area 3 (DA-3) of the Downtown Commercial Core Specific Plan (DCCSP, SP-12) and has a General Plan land use designation of DCCSP, which provides for a variety of retail and service commercial uses including medical 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 pursuant to DCCSP, SP-12 Table 3.1, urgent care establishments are conditionally permitted uses within DA-3 of the DCCSP and pursuant to Section 6.1.3, applications for a CUP shall be processed in accordance Section 9291 of the Tustin City Code (TCC). D. The proposed urgent care use is located in an existing commercial building and commercial corridor where a variety of retail and service uses are located. The characteristics of the proposed use and hours of operation would be similar to other commercial uses in the vicinity. E. That a public hearing was duly called, noticed, and held for CUP 2019- 00003 on April 9, 2019, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or Resolution No. 4382 Page 2 future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1) The proposed use would be located within an existing commercial development where there would be no expansion of floor area and the request would not alter the original intent of the project or site. 2) The proposed urgent care use is identified as conditionally permitted within Development Area 3 (DA-3) of the,DCCSP. 3) The proposed hours of operation are from 10:00 AM to 12:00 AM daily, which is consistent with the hours of operation for other commercial uses in the area. 4) The parking requirement for an urgent care use within a large retail center is consistent with the requirement for other uses within the Tustin Courtyard Shopping Center; the Tustin Courtyard Shopping Center has adequate parking to accommodate the existing and proposed uses. 5) As conditioned, 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. 6) As conditioned, CUP 2019-00003 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00003 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7) The project would be conditioned to comply with the Tustin Noise Ordinance. 8) The Tustin Police Department has reviewed the application and has no immediate concerns. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves CUP 2019-00003 authorizing the establishment of a pediatric urgent care located within an existing 5,420 square foot building located at 14971 Holt Avenue, subject to the conditions contained within Exhibit A, attached hereto. Resolution No, 4382 Page 3 PASSED AND ADOPTED by the Planning Commission of the Cil, of Tustin, at a regular meeting on the 9th day of April, 2019, &'04� tTOCkOZAK 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 Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4382 was dully passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of April, 2019. PLANNING COMMISSIONER AYES: Gallagher, Kozak, Mason, Thouipson (4) PLANNING COMMISSIONER NOES.- PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: :9h a (1) ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4382 CONDITIONAL USE PERMIT 2019-00003 CONDITIONS OF APPROVAL 14971 HOLT AVENUE GENERAL (1} 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped April 9, 2019, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 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) 1.3 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) 1.4 Approval of Conditional Use Permit (CUP) 2019-00003 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 the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2019-00003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4382 Page 2 2019-00003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2019-00003, 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 applicants 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) 1.8 CUP 2019-00003 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. if the use is not operated in accordance with CUP 2019-00003, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke CUP 2019-00003. USE RESTRICTIONS (1) 2.1 Approval is for a pediatric urgent care facility serving patients aged birth to age 26. Any change to the facility shall require review and approval by the Community Development Department. Emergency services are not approved at the subject facility. (1) 2.2 The business may operate 10:00 AM to 12:00 AM daily. Modifications to the hours of operation may be approved in writing by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 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. Exhibit A Resolution No. 4382 Page 3 (1) 2.4 All activities shall comply with the City's Noise Ordinance. (1) 2.5 No loitering shall be permitted outside the facility at any time. (1) 2.6 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.7 All on-site signs, including permanent and temporary signs/banners, shall comply with the approved Master Sign Program and City's Sign Code. (1) 2.8 A total of 708 parking spaces within the shopping center shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. (1) 2.9 If in the future the City determines that a parking, traffic (i.e., long traffic queues, inadequate pedestrian access conditions) both on-site and off- site, or noise concern 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 using trip rates from the most recent ITE edition (currently 10th Edition) to determine the extent of the project impacts and identify an appropriate action plan, 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 concern, 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 measure 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. d. Modifications to on-site circulation. PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2016 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 3.2 A building permit is required for all constructions and remodeling. Exhibit A Resolution No. 4382 Page 4 (1) 3.3 Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans are to be submitted with permit application. (1) 3.4 Design site to provide at least one (1) accessible route within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; public transportation stops to the accessible building or facility entrances. Where more than one route is provided, all routes must be accessible. Accessible route shall be the most practical direct route feasible and may incorporate pedestrian ramps, curbs ramps, etc. All accessible routes shall comply unless there is an approved exception per California Building Code (CBC) Section 11 B-206.2.1. (1) 3.5 Provide accessible parking per CBC Section 11 B-208.2.1.Ten (10%) percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall be accessible and comply with Section 11 B- 502. (1) 3.6 Prior to issuance of building permit, Orange County Environmental Health and Orange County Fire Authority approvals may be required. PUBLIC WORKS (1, S) 4.1 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 (TCC Section 4351, et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a fifty-dollars ($50.00) application fee and a 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, whichever is greater. In no event shall a deposit exceed $25,000. C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". FEES (1, 5) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building and Planning plan check and permit fees Exhibit A Resolution No. 4382 Page 5 (1, 5) 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 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.