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HomeMy WebLinkAboutZAA 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 facade 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 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 2019- 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. Il. 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 Action 19-005 Conditionai Use Permit 2019-00009 Page 3 Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the Ban day of July, 2019, ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA'TwAI .W RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, 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 8th day of July, 2019. N 'VERA IBCA RECORDING SECRETARY 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 (6) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (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 (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 (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. Zoning Administrator Action 19-005 Conditional Use Permit 2019-00009 Page 8 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 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)