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HomeMy WebLinkAboutPC RES 4459 RESOLUTION NO. 4459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2022-0012 AUTHORIZING THE ESTABLISHMENT OF A VETERINARY SPECIALTY CLINIC AT 2937 AND 2945 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 20220012 was filed by Dr. Richard Pankowski on behalf of Veterinary Surgical Specialists of Orange County (VSSOC) requesting authorization to establish a veterinary specialty clinic use within a 10,400 square-foot tenant space located at 2937 and 2945 Edinger Avenue. B. That the subject properties are located within the Jamboree Plaza Planned Community District and the Planned Community Industrial (PC IND) General Plan land use designation where the proposed use is authorized. Pursuant to Section 3.4 of the Jamboree Plaza Planned Community District Regulations, veterinary specialty clinics are subject to approval of a CUP. C. That a public hearing was duly called, noticed, and held for CUP 2022- 0012 on November 8, 2022 by the Planning Commission. D. That in determining whether to approve the CUP the Planning Commission must determine 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, and 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 in that: 1. The proposed veterinary specialty 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 on-site parking is satisfied as determined by the number of spaces allotted to the tenant spaces and a parking study prepared by a traffic engineering firm. 2. Operations of the veterinary specialty 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. Resolution No. 4459 Page 2 3. The proposed use would not have any aesthetic impacts to the area since no major exterior modifications are proposed. 4. The proposed hours of operation are compatible with other uses and would not cause any operational conflicts. 5. 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. 6. The proposed operation includes animal care and storage of biohazardous, medical, and sharps wastes would take place within the interior of building. 7. As conditioned, CUP 2022-0012 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 2022- 0012 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. 8. That the parking demand study demonstrates that no substantial conflict will exist in the peak hours of parking demand for any of the uses within Phase III. The study concluded that the number of parking spaces for the proposed use will not exceed the number of spaces available during the peak hours of operation. 9. The proposed use, as conditioned, will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood in that all activities would take place within the building. In particular, animals would be treated and housed within the building, and as conditioned, dogs and cats are the only animals that can receive treatment at the proposed facility. E. That this project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves CUP 2022-0012, authorizing the establishment of a veterinary specialty clinic at a 10,400 square-foot building tenant space located at 2937 and 2945 Edinger Avenue. Resolution No. 4459 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8th day of November, 2022. DAVID J.MELLO, JR. Cha,irRon JUT I..fiA-L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Just�ina L. Willkom, the undersigned, hereby certify that II am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4459 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 2022. PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUNA L, WILLKOM PITtTinling Commission Secretary EXHIBIT A RESOLUTION NO. 4459 CONDITIONAL USE PERMIT 2022-0012 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 8, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the (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 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) 20220012 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 Community Development Director, 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 REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4459 CUP 2022-4012 Page 2 (1) 1.7 CUP 2022-0012 may be reviewed at any time by the Community Development Director. If the use is not operated in accordance with CUP 2022-0012, 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's Community Development Director, Police Chief, and/or Public Works Department determine that a parking problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a) Establish alternative operational plan which may include modified hours of operation or limiting the number of clients during certain hours. (1) 1.9 As a condition of approval of CUP 2022-0012, 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. W � Exhibit A Resolution No. 4459 CUP 2022-0012 Page 3 USE RESTRICTIONS [***} 2.1 The hours of operation for the business shall be as follows: Veterinar S ecialt Clinic 7:00 AM 6:00 PM After-Hours Post Surgery 6:00 PM 7:00 AM Animal Care and Emergency Care Any changes to the hours of operation and/or maximum number of customers requested by the business owner shall require approval by the Community Development Director. The Community Development Director may approve operational changes if it is determined that there is sufficient parking to accommodate the proposed changes, and/or if there are no negative impacts to adjacent tenants or properties. (***} 2.2 Animals that can be treated at the facility are limited to dogs and cats and 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 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 Community Development Director 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. {***) 2.5 All radioactive materials shall be stored and disposed of in accordance with Federal, State, and local requirements and licensing. Exhibit A Resolution No. 4459 CUP 2022-0012 Page 4 (***) 2.6 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. (1) 2.7 No outdoor storage shall be permitted except as approved by the Community Development Director. (***) 2.8 Grooming, and the retail sale of pet products are prohibited. Boarding is limited pre or post-surgical care. Boarding independent of veterinary surgical care is prohibited. Medications and special dietary foods may be sold on-site for domestic animals receiving on-site surgery or consultation. (1) 2.9 All business activities shall comply with the City's Noise Ordinance per TCC Section 4614 — Exterior Noise Standards. (1) 2.10 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (5) 2.11 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 either the Zoning Administrator or the Planning Commission. (1) 2.12 If the authorized use by CUP 2022-0012 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and the CUP will be deemed expired. {***) 2.13 The proposed use requires thirty-two (32) parking spaces and thirty-two (32) parking spaces are allocated for the veterinary specialty clinic (2937 and 2945 Edinger Avenue). No Owner, Occupant, or other User of Phase III shall use or permit the use of more than the number of parking spaces allocated to the Owner of such Parcel. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, plans must include accessibility details such as, but not limited to, identifying all door clearances and providing accessible restrooms, �_ f Exhibit A Resolution No. 4459 CUP 2022-0012 Page 5 (1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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 sixty- five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. a. The applicant will be required to submit a fifty dollar ($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. 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. [***) 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)