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HomeMy WebLinkAbout01 ZA REPORT VETERINARY CLINIC 3059 EDINGER AVENUE AGENDA REPORT ITEM #1 MEETING DATE: JULY 8, 2019 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00009 APPLICANT: ANDREA MCDOOLING 3059 EDINGER AVENUE PROPERTY, LLC 3021 EDINGER AVENUE TUSTIN, CA 92780 PROPERTY OWNER: MYONG SIK JOO MD AND JAE KYUNG JOO 1992 TRUST 1640 MONROVIA AVENUE, #324 COSTA MESA, CA 92627 LOCATION: 3059 EDINGER AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) JAMBOREE PLAZA ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1. REQUEST: A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE A VETERINARY CLINIC, LABORATORY, RESEARCH AND DEVELOPMENT, AND PHARMACY WITH ASSOCIATED TENANT IMPROVEMENTS WITHIN AN EXISTING 4,339 SQUARE FOOT TENANT SPACE. THE PROJECT SITE IS LOCATED WITHIN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND)/JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT AT 3059 EDINGER AVENUE. ZA Report July 8, 2019 CUP 2019-00009 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 19-005, approving Conditional Use Permit (CUP) 2019-00009 to establish a veterinary clinic with a combination of general and specialty veterinary services with office, laboratory, research and pharmacy uses, associated interior tenant improvements and minor exterior fagade changes at 3059 Edinger Avenue. APPROVAL AUTHORITY: The project site is located within the Planned Community Industrial/Jamboree Plaza zoning district. Pursuant to Section 3.4 of the Jamboree Plaza Planned Community District Regulations, veterinary offices are subject to the approval of a CUP. Tustin City Code (TCC) Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for miner conditional use permits for existing developments where there would be no change in primary use, no expansion of the floor area, and the request would not alter the original intent of the project site. BACKGROUND: Location and Surrounding Properties The project site is located within Jamboree Plaza which is bounded by Jamboree Road to the east, Edinger Avenue to the south, the OCTA/SCRRA railroad right-of-way and Metrolink train station immediately to the north, and office and light industrial areas further to the north of the tracks (Figure 1). The site is in the Planned Community Industrial (PC- IND) zoning district and is part of Jamboree Plaza, a center that was constructed in 1991 and allows a combination of retail commercial, office, auto service, light industrial and warehouse uses. ~ ~ • r- . .:_ 2M ��. ZA Report July 8, 2019 CUP 2019-00009 Page 3 The areas north of Jamboree Plaza include other support commercial and light industrial businesses which are located within the Irvine Industrial Complex area. Uses to the east, west and south of the project site are designated as Planning Areas 15 and 20 of the Tustin Legacy Specific Plan which includes existing residential across Jamboree Road to the east and vacant land across Edinger Avenue to the south and west of the project site. In 1998, Zone Change 98-003 was approved by the City to designate veterinary offices as conditionally permitted uses and establish parking requirements for medical uses within the Plaza (Ordinance No. 1209). The applicant is requesting approval to establish a 4,339 square foot veterinary clinic that will include two (2) suites with a combination of general and specialty veterinary services with office, laboratory, research and pharmacy uses with associated interior tenant improvements. + i J'S r M i w _ a Figure 1 — Location Map DISCUSSION: Background In 2003, the Planning Commission approved CUP 03-004/DR 03-007 for the establishment of a 7,138 square foot veterinary clinic at 3021 Edinger Avenue. Orange County Veterinary Specialists (OCVS) currently operates this facility within Jamboree Plaza. The facility is a 24-hour regional animal trauma hospital typically for complex medical care of critical patients such as blood transfusions, ventilator support, endoscopy or emergency surgeries. The facility has no boarding and has no outdoor kennels or runs. ZA Report July 8, 2019 CUP 2019-00009 Page 4 The proposed general and specialty veterinary services clinic at 3059 Edinger Avenue will provide similar services to those offered at 3021 Edinger Avenue and will be operated by the same entity. While the proposed use will operate as a stand-alone facility, the main objective of the proposed clinic will be to help improve the operational efficiency of the services rendered at the existing 3021 Edinger Avenue and reduce extended patient wait times. Overall, the 3059 Edinger Avenue facility will consist of two (2) separate suites with a total of 4,339 square feet; 1,291 square feet of the space will be devoted to a laboratory/office suite that will consist of a lobby area, file room, laboratory and office space; and 3,047 square feet devoted to the veterinary suite which will consist of a lobby, treatment and procedure rooms, radiology rooms, restrooms and storage and office space for equipment (Figure 2). While the interior space will be remodeled and reconfigured, no exterior improvements are proposed aside from business signage and paint. For the veterinary suite there will be three (3), 8-hour shifts and two (2), 10-hour shifts to allow cross over with staff to allow transfer of patient's medical information. The applicant anticipates an additional seven (7) full time employees and one (1) part time spread over the 7-day week. For the laboratory, there will be two (2), 10-hour shifts and the applicant anticipates three (3) full time employees and one (1) part time employee during this time. I 1, ExiSling 11 Electrical I r—r -----�---- Lab Techs I �J ADA FVI Work Staticin Men Men Lobby Laboratory Space I I I Files I I IEIADA. I Wonxn I Procedure Room 1 Pffwe lure Rcxxn 2 � LO* Pra-edure Prep I 1.T oom I RadioLrgy I I I _I I I Radiology 2 CGern I Room Treatment Arca Eclurpawnl Rcxnn I' I Figure 2-proposed Floor Plan ZA Report July 8, 2019 CUP 2019-00009 Page 5 Hours of Operation The proposed use would operate daily on a 24-hour basis. These hours are consistent with the hours of the 3021 Edinger Avenue facility and compatible with other uses within Jamboree Plaza. Modifications to the hours of operation maybe approved by the Director of Community Development if it is determined that impacts to surrounding tenant or properties occur. Parking/Circulation The proposed veterinary use would require twenty one (21) parking spaces as follows: Use Area(5F) Parking Ratio Parking Required Parking Provided Phase 1 26,149 Varies 84 132 Phase II & III: Veterinary 3,047 611,000 SF 18 Laboratory(R&D) 1,292 11500 SF 3 Remaining Phase II &Ill 120,505 Varies 411 Subtotal Total 432 432 Phase 11 & III Total Center 516 564 No parking impacts are anticipated to result from the proposed use due to the existing surplus of parking stalls to meet the demand. Nonetheless, should a parking issue arise, proposed Conditions 1.7 and 1.8 would allow for reevaluation of the business and CUP. Noise 'Noise impacts from the proposed use are not anticipated since all activities are proposed to occur inside the proposed suites. However, should a noise problem arise in the future, staff has provided Condition 2.8 which may require the applicant to implement noise attenuation if it is deemed that negative impacts are occurring in violation of City regulations and conditions of approval. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility, involves minor alterations to the structure and negligible expansion to an existing commercial use. i ZA Report July 8, 2019 CUP 2019-00009 Page B ANALYSIS: In determining whether to approve a CUP,the Zoning Administrator must determine whether or not the proposed use 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. A decision to approve this request may be supported by the following findings: (a) The proposed general and specialty veterinary clinic, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a center where sufficient parking is available. (b) Operations of the general and specialty veterinary clinic would be regulated and monitored by State and County 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. Animals would be confined 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.. (c) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed other than exterior paint and signage. (d) That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs 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. (e) The proposed hours of operation are compatible with other uses within the center. (f) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. (g) As conditioned, CUP 2019-00009 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00009 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Directorwould have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. ZA Report July 8, 2019 CUP 2019-00009 Page 7 Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 19-005 approving CUP 2019-00009 to establish and operate a veterinary clinic with a combination of general and specialty services, office, laboratory, research and development, and pharmacy uses along with associated interior tenant improvements within an existing 4,339 square-foot space at 3059 Edinger Avenue in Jamboree Plaza. L::= ✓ a H. Demkowicz, AICP Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Letters of Support E. Zoning Administrator Action (ZAA) 19-005 ATTACHMENT A LOCATION MAP 300 ft, 500 ft, and 1,000 ft Radius Map 300 ft 500 ft 1,000 ft PMnfMrq pry E I ny, s � ! 3 n Y. Location Map 3059 Edinger Avenue, Tustin CA 92780 CUP# 2019 - 00009 ATTACHMENT B LAND USE FACT SHEET i LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2019-0009 2. LOCATION: JAMBOREE PLAZA 3. ADDRESS: 3059 EDINGER AVENUE 4. APN(S): 500-434-341-06 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: ORDINANCE NO. 1025 - PROPERTY REZONED FROM PUBLIC & INSTITUTIONAL TO PC-IND (1988). ORDINANCE NO. 1072-EST. OF JAMBOREE PLAZA DISTRICT REGULATIONS (1991). ORDINANCE NO. 1191 - ZONE CHANGE 97-002 TO MODIFY PLANNING AREA BOUNDARIES (1997). ORDINANCE NO. 1193 -ZONE CHANGE 97-004 TO ALLOW SELF-SERVE CARWASHES WITHIN JAMBOREE PLAZA(1998). ORDINANCE NO. 1209 - ZONE CHANGE 98-003 TO DESIGNATE VETERINARY SPECIALTY CLINICS AS CONDITIONALLY PERMITTED USES $ EST. PARKING REQUIREMENTS FOR MEDICAL USES WITHIN PLAZA(1998). ORDINANCE NO. 1370 - CODE AMENDMENT 09-003 REDUCING BUILDING SETBACK ALONG EDINGER AVENUE(2009). CUP03-004 - OCVS (SAME APPLICANT AS PENDING CUP) ESTABLISHMENT OF A 24-HOUR REGIONAL TRAUMA AND SPECIALTY HOSPITAL AT 3021 EDINGER AVENUE (2003). 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL SOUTH: VACANT EAST: INDUSTRIAL WEST: INDUSTRIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMM. - INDUSTRIAL SOUTH TUSTIN LEGACY SPECIFIC PLAN WEST: PLANNED COMM. -INDUSTRIAL EAST: PLANNED COMM. - INDUSTRIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCCB-PLANNED COMMUNITY COMMERCIAL BUSINESS SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: PCCB-PLANNED COMMUNITY COMMERCIAL BUSINESS WEST: PCCB-PLANNED COMMUNITY COMMERCIAL BUSINESS 9. SITE LAND USE: A. EXISTING: FORMER RETAIL USE("MY VAPORS") B. PROPOSED: REMODEL/TENANT IMPROVEMENTS OF EXISTING BUILDING FOR i VETERINARY OFFICE AND LABORATORY C. GENERAL PLAN: PCCB-PLANNED COMMUNITY COMMERCIAL BUSINESS I c PROPOSED GP: SAME D. ZONING: PC—IND —PLANNED COMMUNITY INDUSTRIAL PROPOSED ZONING:SAME DEVELOPMENT FACTS: 10. LOT AREA: .03 ACRE APPROX. (TENANT BLDG.AREA: 4,339 SF) 11. PARKING: 21 STALLS PROVIDED; 21 STALLS REQUIRED; NO CHANGE TO PARKING 12. TENANT IMPROVEMENTS: CONVERT EXISTING 4,339 SQ.FT RETAIL STORE TO VETERINARY OFFICE AND LABORATORY e ATTACHMENT C SUBMITTED PLANS °r.iI�21 VrnniaNnn LL_x_�s 5qR sea®a,T R31K u W:w' T.,hul.v(Inn 1C i5' / SuiR rcrivM ww,iS 5L fNR} A A C H I I E C T S 5.M1 sF/lu,u p 39Hi5 nn�rva,sr)-iq rrnx;sly,,5 E.n,«,y. sett,934Rr slq.5-,II>5,(,RR) 1T6,1 Rfl'Tfur[.i F v,la', WI1'3 I,,,r IM-1492 L. LA+5J/sIP(Y SrWA rPa taop 5r oaR UB} 1 wxrc 9xxs S U I T t ( 5 a -_--_�--.- IE ADI0--2' IRvINB. CA 92614 e I � xCY{C+gt(Sva(,.11 lri.'Sr TEL:f9491 955-3252 MEl 1645.9£'sllq 4f I FAX (9491959-13]] Prajed De9CnMion Warn arra ro I+n�o,mcF.r«.sceA9ue Jamboree Plaza I Nrrtadme Rami Mznhrs R— Tenant (°(,�' WpCM,vll4etl +.r ,., r Cavemu7RC(5des Improvement c I I I '..--- x,c Gs'd'mu 3uuN,/-[ar IE rLS rtiM:G g211a I R,vlb«h, u,kbnrru�-ax`C.rCI I eu dexo rurnnr [m[1[el '""x aaa(elf Project Information Fd. e• ( �sLas 1 I ua:>e„2 ��,! x,r: eiaslre sr.lwms "I�°I`"F Site Plan L1�enr �`P ' Fcm loor Plan rmamxa+m Clcc-W'a,rcirs and ZonlrsR p ' R,Inn - Mrs r-• p ttr Elevation Photos Ot:',lfavl lrf.OiC�S'. 9!)L55 WW B V- y Revised Floor Plan {a. b 2 Site Plan 1 Project Information i0r'"' �'�` Awicant 3051,Eifn ger Avenue PMpcq LLC Floor Plan Legend tial'flan Keynotes - Applicant .vleel Nvnks� rola r Iff • - f cl Sr pn y e rM� �::rCM1m l / /r-y-'� ! \ 1 •V East Elevation Photo West Elevation Photo South Elevation Photo North Elevation Photo vicinity til ii ATTACHMENT D LETTERS OF SUPPORT 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June!O , 209 Erica H. Demkowicz,AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin CA 92780 Dear Ms. Demkowicz: I am the building owner of operate a business located at O 3- y- t-ye CGi- 1 dYYt G� I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Thank yr inat Name: i,EP.S �rfh S Address: -302-5 adIr .elr A�r� `rlh CA °l2-1 Sp 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June_?.-0 2019 Erica H. Demkowicz, AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin CA 92780 Dear Ms. Demkowicz: Im the building owner of �Oh Waml C'lenh t/71 t operate a business located at _ 3 05 3 6d rm_er'' /fy-e , 17,�AR q 276'0 I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Thank you, 40t 4�4� Signature Name: ry+r 4Jrlr Address: i 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June 0-1 2019 Erica H. Demkowicz, AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin CA 92780 Dear Ms. Demkowicz: 1m the building owner of ✓ operate a business located at I support the above building being used as a veterinary hospital as contained in CUP application' 2019-00009. Thankyou, I., j nn Jaen gnature Name: Address: o -�Id C-j� 7 go 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June,U�, 2019 Erica H. Demkowicz,AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue Tustin CA 92780 Dear Ms. Demkowicz: I ✓ am the building owner of 5 QAOOL I operate a business located at I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Thank you, Signature -T Name: i ;ko Ti-7i (Ti-eaq [ !'L�rr Address: 34''7 TWI'A q f P Ave- 74 s-t;pt 0 q2-??O 3459,Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June; 2019 Erica H. Demkowici, AICP Senior Planner City of Tustin Community DevelopmentiDepartment: 300 Centennial Way Tustin, CA 92780 'Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin CA.92780 'Dear Ms. Demkowicz: 1 am the building owner ofp I perate a business located at �Dlo 6y� � Q s 1 support the.above building being used as a veterinary hospital as contained in,CUP application 2019-00009. Tha yo Signature Name: IV�� (AkiDY-C, l" l�hr�rh Address: 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June ZO . 2019 .Erica-H. Demkowicz,AICP Senior.Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue.Tustin CA 92780 Dear Ms. Demkowicz: I am the building owner of I ��operate a business located at IAV TajQdY5--I it S !d I V- -e,- 9Z7$U I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Thank , ignature fJ ! Name: Address: 3a��, E �n P�►r` Ave, 3059 Edinger Avenue Property LLC 3021j, dinger Avenue Tustin, CA 92780 June_ 0 2019 ,Erica.H. Dem_kowicz,AICP :Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of.Support for CUP 2019700009 3059 Edinger Avenue,Tustin CA 92780 Dear Ms. Demkowicz: I am the building owner of .I�—operate.a business located at �,_� l �: 3o V7 e jlhq 'AVC 92, support the above building being used as a veterinary hospital as contained in:CUP application 2019-00009. Thank you, Signature Name: Address: 309- 7 to,I a 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June , 2019 Erica H. Demkowicz, AICIJ Senior Planner City of Tustin Community Development-Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Su rt for-CUP 2019-00009 3059 Edinger Avenue Tustin CA 92780 Dear Ms. Demkowicz: � nv 0 VV I -am the building owner of operate a business located at - t>3 C �J I support -the above building'being used as a veterinary hospital as contained in CUP application 2019-00009. ank yo , Sig ture Name: K �- Address: 3cr?D 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June- , 2019 Erica H. Demkowicz, AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2_019-00009 3059 Edinger Avenue Tustin CA 92780 Dear Ms. Demkowicz: �n I 7�- am the building owner of '_ ` G1�`I�+► � -� I xf operate a business located at AV`e. _ 1 support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Tha �e�you, �4l so ovvris S� � �- ay c � igna ure Name: NFk - Auuahj Address: Sob l tXwe� _.- J CA ,3059:Edinger Avenue.Property LLC 3021 Edinger Avenue Tustin, CA 92780 July A ,2019 Erica"Fl. Demkowicz, AICP Senior Planner City--6f Tustin Community Developme'nt,Department 300 Centennial Way Tustin, CA 92780 Re Letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin'CA'92780 Dear Ms. Demkowicz: I ✓ am the building owner of 3051 C-6--, r T " 'hlcA a7,1$o I rf, :operate a business located at I'support the above building being used as a veterinary hospital as co.ntained,in CUP application 2019-00009- Thank you, Signature r Name: _ �Mytsm �]J Address: 3© 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin, CA 92780 June 2.4 , 2019 Erica H. Dem kowicz,AICD Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-000_09 3059 Edinger Avenue Tustin CA 92780 Dear Ms. Demkowicz: I X am the building owner of S ! krKS f Y c operate a business located at I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. ! Th k you, Si nature Name: �L$5_e r Address: 3OYt cli 7co,r k"t i !I 3059 Edinger Avenue Property LLC 3021 Edinger Avenue Tustin,CA 92780 June 24, 2019 Erica H. Demkowicz, AICP Senior Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Letter of Support for CUP 2019-00009 3059 Edinger Avenue,Tustin CA 92780 Dear Ms. Demkowicz: I am the building owner of 2937 & 2945 Edinger Ave. in Jamboree Plaza. I support the above building being used as a veterinary hospital as contained in CUP application 2019-00009. Thank you, Name: John Joo,Trustee Address: 9 Tuscany Ladera Ranch, CA 92694 ATTACHMENT E ZAA 19-005 ZONING ADMINISTRATOR ACTION 19-005 CONDITIONAL USE PERMIT 2019-00009 3059 EDINGER AVENUE 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) 2019-00009 was filed by Andrea McDooling on behalf of 3059 Edinger Ave. Property, LLC, requesting authorization to establish.a general and specialty veterinary clinic (approx. 4,339 square feet) that will include a combination of veterinary specialty and general services, office, laboratory, research and pharmacy uses with associated interior tenant improvements and minor exterior fagade changes within an. existing tenant space at 3059 Edinger Avenue in Jamboree Plaza . B. That the project site is zoned Planned Community Industrial (PC-IND) and has a General Plan designation of Planned Community Commercial Business (PCCB) which provides for a variety of retail commercial, office, auto service, light industrial and warehouse uses. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That in 1998, Zone Change 98-003 was approved by the City to designate veterinary offices as conditionally permitted uses and establish parking requirements for medical uses within the Plaza (Ordinance No. 1209). D. That in accordance with Tustin City Code Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs 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. E. That a public hearing was duly called, noticed, and held for CUP 2019- 00009 on July 8, 2019, by the Zoning Administrator. F. That the establishment, maintenance, and operation •of the proposed veterinary clinic 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 general and specialty veterinary clinic, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is located within a center where sufficient parking is available. Zoning Administrator Action 19-005 Conditional Use Permit 2019-00009 I Page 2 , 2) Operations of the general and specialty veterinary clinic would be regulated and monitored by State and County 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. Animals would be confined 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. 3) The proposed use would not have any aesthetic impacts to the area , since no exterior modifications are proposed other than exterior paint and signage. 4) That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs 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. 5) The proposed hours of operation are compatible with other uses within the center. 6) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 7) As conditioned, CUP 2019-00009 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2.019- 00009 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. G. That this project is categorically exempt pursuant to Section 15301, (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 with interior alterations and no expansion of the existing tenant space. II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 19-005 approving CUP2019-00009 to establish a general and specialty veterinary clinic with office, laboratory, research and pharmacy uses along with associated interior tenant improvements within an existing 4,339 square-foot tenant space located at 3059 Edinger Avenue in Jamboree Plaza, subject to the conditions contained within Zoning Administrator Adtion 19-005 Conditional Use Permit 2019-00009 Page 3 I I Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 8t' day of July, 2019. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, 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. 19-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8t'day of July, 2019. VERA TISCARENO RECORDING SECRETARY i E Zoning Administrator Action 19-005 Conditional'Use Permit 2019-00009 Page 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00009 3059 EDINGER AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 8, 2019, 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 Community 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) 2019-00009 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 19-005 Conditional Use Permit 2019-00009 Page 5 ! (1) 1.7 CUP 2019-00009 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 2019-00009, 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 This approval is for a 3,047 square foot general and specialty veterinary clinic which shall be parked at six (6) parking spaces per 1,000 square feet of gross floor area and the 1,292 square foot laboratory (research & development, pharmacy) which shall be parked at one (1) parking space per 500 square feet of gross floor area. Said parking shall be provided in accordance with the Jamboree Plaza District Regulations. Zoning Administrator Action 19-005 Conditional Use Permit 2019-00009 Page 6 ' i (1) 2.2 The hours of operation for the business are 24 hours a day, seven (7) days a week. Any modifications and/or changes to the hours of operation shall be subject to approval by the Director of Community Development. {*) 2.3 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. (*) 2.4 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. (*) 2.5 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 CUP by the Planning Commission. (1) 2.11 if the use authorized by CUP 2019-00009 !is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed expired. Zoning Administrator Action 19-005 Conditional Use Permit 2019-00009 Page 7 i (1) 2.12 All proposed signage shall be in compliance with the approved Master Sign Program for Jamboree Plaza. Said signage shall be subject to review and approval by the Community Development Department. PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2016 California Building Code, California (5) 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 plans, 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 (1) 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 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 Plan, 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. i Zoning Administrator Action 19-005 I Conditional Use Permit 2019-00009 1 Page 8 I b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable Ito 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)