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HomeMy WebLinkAbout02 PC REPORT URGENT CARE CLINIC • AGENDA REPORT ITEM 92 MEETING DATE: OCTOBER 22, 2024 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT (CUP) 2024-0008 APPLICANT: PROPERTY OWNER: MONIKA AND NIKHIL MATHUR AYALA CAPITAL GROUP, LLC APEX HEALTH PROVIDERS ATTN: DEAN AZZEH 106 PIXEL 535 E. MAIN STREET, SUITE A IRVINE, CA 92618 TUSTIN, CA 92780 LOCATION: 535 EAST MAIN STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: SPECIFIC PLAN 12 — DCCSP, DEVELOPMENT AREA (DA) 5 ENVIRONMENTAL:THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1 — EXISTING FACILITIES) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A CONDITIONAL USE PERMIT TO AUTHORIZE ESTABLISHMENT OF AN URGENT CARE CLINIC WITHIN A 3,458 SQUARE FOOT COMMERCIAL TENANT SPACE RECOMMENDATION: That the Planning Commission adopt Resolution No. 4506 approving CUP 2024-0008 (Attachment 5)to authorize the establishment of an urgent care clinic within a multi-tenant commercial building. APPROVAL AUTHORITY: Pursuant to DCCSP Section 3.1, a CUP is required prior to establishing an urgent care clinic. Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP for urgent care clinics. Planning Commission Agenda Report CUP 2024-0008 — Urgent Care October 22, 2024 Page 2 BACKGROUND AND DISCUSSION: Site and Surrounding Properties The project site is located within Development Area (DA) 5 of the Downtown Commercial Core Specific Plan (DCCSP) (SP-12), and the General Plan land use designation is DCCSP. The zoning and land use designations allow for a variety of retail, professional office, service commercial, and other similar uses. The subject property is approximately 24,565 square feet in size and is improved with a multi-tenant commercial building that currently accommodates three commercial tenants. Surrounding properties are all located within the DCCSP with commercial uses to the north, east, and south. Tustin's Civic Center is located to the west across Centennial Way. Figure 1 —Aerial �4 P -0Ject Site Y C •� L.F . M • . i DCCSP 5 g y r Y Past Entitlements On April 27, 2021, the Planning Commission adopted Resolution No. 4428 approving DR 2020-00011 , which included the addition of 3,458 square feet of commercial space to an existing 4,763 square foot multi-tenant building. To meet the required parking, the Planning Commission authorized, as condition of approval, participation in the Parking Exception Program (the Program). More information on the Program is available later in this report. Building permits for the additional tenant suites were issued in November 2023, and construction is slated to begin in 2025. Project Description The applicant is requesting authorization to establish an urgent care clinic within the 3,458 square foot addition of the existing commercial building, and an increased participation in the Program to satisfy required on-site parking requirements. As shown Planning Commission Agenda Report CUP 2024-0008 — Urgent Care October 22, 2024 Page 3 on the provided floor plan (reference Figure 2), the proposed medical office includes the following: • Lobby, including manager's office and front desk • Physician's office • Six exam rooms • One procedure room • Two triage rooms • One nurses station • One x-ray room Other proposed areas include a future exam room, restrooms, storage rooms and a mechanical room. Figure 2 — Proposed Floor Plan and Legend AMERICAN \ FAMILY CARE � I ------------- \ PD /. Exam Rooms Medical Areas arm (X-ray.Triage,Procedure Room) Administrative Area Restroom --.-- s Storage&Mechanical i Planning Commission Agenda Report CUP 2024-0008 — Urgent Care October 22, 2024 Page 4 Pursuant to the application submittal information, the proposed urgent care would provide treatment for high acuity, non-life-threatening illness or injury, including ailments such as colds, coughs, sore throats, ear infections, pinkeye, flu or flu-like symptoms, sprains, strains, fractures and minor lacerations. The urgent care would also provide workers compensation and occupational health services to area employers, including pre-employment physicals, and drug and alcohol testing. The proposed urgent care is not an emergency room, specialty clinic, or surgical center. No medical gases are used onsite and tests ordered by physicians are sent out to a third-party laboratory for interpretation. Patients arrive on their own, and are not transferred by ambulance. Additionally, the only medication dispensed on-site would be standard vaccines and over the counter medicines, such as Tylenol, Advil, Sudafed, etc. Site Plan The primary vehicular access for the property is taken off of Centennial Way, with secondary access through the adjoining gas station and car wash property. On-site parking is provided at the rear of the property, and is screened from view by the existing commercial building and the pending addition. Pedestrian access can be taken from Centennial Way, Main St., and Newport Blvd. The existing 4,762 square foot building is comprised of a total of three tenant spaces. The proposed medical use would occupy two new suites, which will be located within the 3,485 square foot addition. The main entrance for the new medical office space will face the on-site parking lot (reference Figure 3). Figure 3 — Project Site Plan Urgent Care Main Entrance garkir1gr LJ­ ©r-0 7- c •• w _ � (D T Proposed Existing �} ri ��` Urgent Care Building 41Q' w rM -o- ...� •. o Main Street Planning Commission Agenda Report CUP 2024-0008 — Urgent Care October 22, 2024 Page 5 Hours of Operation and Staffing The proposed hours of operation are provided in Table 1 below. The anticipated staffing for the medical office would be four employees per shift, with two shifts per day. Table 1 — Hours of Operation Hours Monday to Friday 8:00 a.m. to 8:00 P.M. Saturday 8:00 a.m. to 6:00 p.m. Sunday 8:00 a.m. to 6:00 p.m. Parking Pursuant to TCC 9263, clinics are required to provide one parking space for every 250 square feet for the first 4,000 square feet, and six parking spaces for every 1 ,000 square feet thereafter. A total of 14 parking spaces are required for the proposed use. A total of 38 parking spaces are required for all uses onsite, including the proposed use. The site can accommodate 24 on-site parking spaces, nine parking spaces are currently supplemented through the Program, discussed in the next section. The applicant is requesting that the remaining five parking spaces also be supplemented through the Program. A breakdown of the parking requirement by use is provided in Table 2 below. Table 2 — Off-Street Parking Requirements with Proposed Project ProvidedSuite Use Area Parking Ratio Required 1 Medical Office 2,482 sf 1/250 first 4000 sf 28 spaces (cumulative) _ 6/1000 thereafter 4 & 5 Medical Office 3,458 sf 1/250 first 4000 sf (Proposed) 6/1000 thereafter 2 Retail 1,640 sf 1/250 sf 7 spaces 3 Retail 630 sf 1/250 sf 3 spaces Patio Outdoor Seating 908 sf N/A N/A in Common Total Building Area 8,222 sf 38 spaces 24 spaces Parking Exception On April 3, 2012, the City Council adopted Ordinance No. 1416 approving the Program for the commercial portion of the Cultural Resource District (CRD), an overlay zone spanning Old Town Tustin. The Program allows for all, or a portion of the required number of on-site parking spaces, to be satisfied through the payment of a fee, in an amount determined by Resolution of the City Council. Planning Commission Agenda Report CUP 2024-0008 - Urgent Care October 22, 2024 Page 6 On July 3, 2018, the Program was expanded to cover the entire DCCSP allowing the use of the Program for development proposals within the DCCSP. The authority to approve the fee in lieu of parking is vested in the Planning Commission, upon determination by the Planning Commission that the proposed project meets specific findings. The property currently supplements required parking through an existing Parking Exception Agreement required via DR 2020-0011. To accommodate the proposed urgent care, and as a condition of approval, the property owner is required to amend the existing Parking Exception Agreement to satisfy the additional required parking for the proposed use. In all, a total of 14 required parking spaces would be supplemented through the Program. Currently, the fee per parking space is sixty dollars ($60) that reimburses the City for parking maintenance fees. Staff has recommended findings for approval of the parking exemption, as represented in draft Planning Commission Resolution 4506 (Attachment 5). Environmental Review This project is Categorically Exempt pursuant to Section 15301 (Class 1 -Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The expansion of the existing was previously approved by the Planning Commission and was determined to be Categorically Exempt pursuant to Section 15332 (Class 32 - In-Fill Development) of the California Environmental Quality Act. CONCLUSION: Based on the findings provided, staff recommends the Planning Commission adopt Resolution No. 4506 approving CUP 2024-0008, authorizing the establishment of an urgent care clinic at 535 E. Main Street. Prepared by: Ate Brenn engert, AICP; Contract Planner Approved by: jj��� -;& Raymond Barragan, Principal Planner J tina L. Willkom, Community Development Director Planning Commission Agenda Report CUP 2024-0008 — Urgent Care October 22, 2024 Page 7 Attachment(s): 1 . Location Map 2. Land Use Fact Sheet 3. Submitted Plans 4. Business Operations Letter 5. Resolution No. 4506 Exhibit A — Conditions of Approval ATTACHMENT 1 Location Map 535 East Main Street CUP 2024-008 .y First Street - I f 1000 ft. 500 ft. 300 ft. Main Stree Y: J �P .• r f, is ,� Wrye a•B` 300 ft, 500 ft, and 1000 ft Radius Map ATTACHMENT 2 LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2024-0008 2. LOCATION: SP 12 - DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP, DA 5) 3. ADDRESS: 535 EAST MAIN STREET 4. APN(S): 401-612-04 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 97-005 AND DR 97-009 (DEVELOPMENT COMMERCIAL CENTER); TPM 2002-106 (SUBDIVIDE TWO PARCELS); DR 2020-0011 (3,458 SQUARE FOOT EXPANSION OF A COMMERCIAL BUILDING AND PARKING EXCEPTION PROGRAM). 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: CIVIC CENTER 7. SURROUNDING ZONING DESIGNATION: NORTH: DCCSP (SP12) SOUTH: DCCSP (SP12) EAST: DCCSP (SP12) WEST: DCCSP (SP12) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: DCCSP SOUTH: DCCSP EAST: DCCSP WEST: DCCSP 9. SITE LAND USE: A. EXISTING: COMMERCIAL (OFFICE/RETAIL) PROPOSED: SAME B. EXISTING GENERAL PLAN: DCCSP PROPOSED: SAME C. EXISTING ZONING: DCCSP (SP12) PROPOSED: SAME DEVELOPMENT FACTS: 10. LOT AREA: 24,565 SF 11. PARKING: REQUIRED: 38 SPACES PROPOSED: 24 SPACES; REQUEST SUBMITTED FOR MODIFICATION TO PARKING EXCEPTION PROGRAM FOR A TOTAL OF 14 SPACES TO BE PROVIDED THROUGH PARKING EXCEPTION PROGRAM 12. TENANT IMPROVEMENTS: ESTABLISH AN URGENT CARE WITHIN A PENDING BUILDING ADDITION, WHICH WILL COMBINE NEW UNITS 4 &5. 13. BUILDING HEIGHT: MAX ALLOWED: 4 STORIES PROPOSED: NO CHANGE 14. BUILDING SETBACK: MIN ALLOWED: 0 FEET PROPOSED: NEWPORTAVENUE: NO CHANGE; MAIN STREET: NO CHANGE, AND CENTENNIAL WAY: NO CHANGE 15. SIGNAGE: NEWPORT MAIN CENTER MASTER SIGN PROGRAM ATTACHMENT3 °o PROJECT SITE c �� ---- YMAP evaux�excea.oxavoaz_n� 4 0 ---- o ...... .I o. � AFC F EEOEo �.I a Z� - z o w - - o UQ LU � �Qo 0 u, Al o o - Po o ow.o.oana .a PE o ` ° E. M AIN ST. 0 � s � o��aoo. Ea.o�o .onoaMo�.=E o / KEY NOTES Y = PROPOSED SITE PLAN A LEGEND X AOO1 NOTES .AFCTI PLANS TO BE SUBMITTED SEPARATELY AND AT A LATER DATE �y+z H, SCOPE OF WORK •THE PROPOSED PROJECT IS A TENANT INFILL FORA NEW AMERICAN FAMILY CARE.PORKTO INCLUDE INTERIOR FRAMING FINISHES CASEWORK,HVAC,PLUMBING AND ELECTRICAL Ll PROJECT NOTES A CAP ARE PERERPED ...D SWABS,BAND AIDS,TONGUE DEPRESSORS,ALCOHOLlIPES IILDI nNR�IONS,URI�RYTRACTINFECTIO PRE F-II.EUTPHIFICALE ALCO WLTES AICHATCALSRAIIIRAD FOR OOI RKANDTRAVEL v E DO NOT DI I EN E ANY RANYKINDOFADDICTIVE,CONTROUFOS�BSUANCESONTH ❑ j CAN D.11 CARE DOEE NOT PAT ORCAFTFRACTUREE TREATCHRONIC I�HEFEES. LYFOUNDIN ° o--- HVSIaANe OFFICE ceTREP moNo covl0 PREONANa ETCF ------fft Lli I PARKIN.AND PAEEEN.ER LOADIN. Le =­T T El V I I �e o PROPOSED n PROPOGEDOVERALL FLOORPLAN m A662 ® ATTACHMENT 4 american family care The Right Care.Right Now. To Whom it May Concern: This letter serves as a broader description of our practice's service offering and operational protocol to assist you in determining the appropriateness for permit as a professional physician office. American Family Care (AFC) is a network of physician practices that provides affordable, efficient and convenient healthcare to patients of all ages who require treatment for high- acuity, non-life-threatening illness or injury, including ailments such as colds, coughs, sore throats, ear infections, pinkeye, flu or flu-like symptoms, sprains, strains, fractures and minor lacerations. We also provide workers compensation and occupational health services to area employers with an offering that includes pre-employment physicals, breath alcohol testing, DOT physicals and drug testing. AFC offices are open every day of the year- holidays and weekends included - from 8 am to 8 pm on weekdays and from 8 am to 6 pm on weekends. We accept most major health insurances and neither appointments nor referrals are required. Every patient in our practice is under the care of a board-certified Family Practice or Emergency Medicine physician and our costs are typically five times less than the cost of an Emergency Room visit. The wait time to see a clinical professional in our offices averages less than 15 minutes and we strive to have every patient discharged within one hour from the time that they register.An AFC patient will never be "admitted" or stay overnight. AFC is not an Emergency Room,a specialty clinic, or a surgical center. We are a physician practice that offers an affordable and efficient alternative to the Emergency Department with more convenient hours and services than many traditional primary care options. Our practice is a registered Professional Corporation (PC) that is wholly-owned by our Medical Director who is a licensed physician in the State of California. Our physician offices maintain a digital X-Ray platform for basic imaging requirements and that are most commonly used to view possible sprains or fractures, but never for treatment of major trauma, compound fractures or any other life-threatening ailment that would be better treated in a hospital. We do not"set" or cast fractures, nor do we treat chronic illnesses presented by our patients, but rather we stabilize our patients and refer such injuries or illnesses to the appropriate specialty practice physicians in the area or to a primary care physician, as required.We also maintain a small laboratory onsite to support basic phlebotomy and the various types of"rapid"testing that are commonly found in a physician's office (i.e., strep, flu, mono, etc.).We do not use medical gases in our lab and the vast majority of the tests ordered by our physicians are sent out to a third-party laboratory 3700 Cahaba Beach Road Birmingham, AL 35242 Phone (205)403-8902 Toll-Free 1 (800)258-7535 www.afccares.com american family care The Right Care.Right Now. for interpretation, the results of which are communicated back to our clinical team over a secure electronic system and directly into our Electronic Medical Record platform. Our patients always arrive to our practice under their own power, never by ambulance,and in the rare instance when a patient arrives with a condition that our physicians deem critical,we dial 911 immediately and the patient is cared for by our physician until EMT's arrive. With our defibrillator on hand, our physicians have the training, experience and ability to follow emergency protocols to support any critical patient until help arrives by administering aspirin, epi, intubation, EKG, etc. Our physicians order and administer basic medications (ibuprofen, Tylenol, etc.) and vaccinations required for school,work,travel or following injury (Varicella, Hepatitis, TDap, etc.),but we do not dispense any medications, nor do we ever maintain narcotics or any kind of addictive, controlled substances on the premises. Operating Hours: Sunday 8 to 6 Monday through Friday 8 to 8 Saturday 8 to 6 Staff: 4 per shift(8 am to 2 pm) (2pm to 8 pm) Parking: 3,459 sq ft/ 250 = 14 3700 Cahaba Beach Road Birmingham, AL 35242 Phone (205)403-8902 Toll-Free 1 (800)258-7535 www.afccares.com ATTACHMENT 5 RESOLUTION NO. 4506 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0008 TO ESTABLISH AN URGENT CARE CLINIC WITHIN A 3,458 SQUARE FOOT TENANT SPACE ADDITION AT 535 EAST MAIN STREET 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) 2024- 0008 was filed by Monika and Nikhil Mathur, on behalf of Apex Health Providers requesting authorization to establish an urgent care clinic at 535 East Main Street. B. That the subject property is located within Development Area (DA) 5 of the Downtown Commercial Core Specific Plan (DCCSP), and the property has a DCCSP General Plan land use designation. C. That pursuant to DCCSP 3.1 , a CUP is required prior to establishment of urgent care clinic. Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. D. On April 27, 2021 , the Planning Commission approved DR 2020- 0011 , allowing for the expansion of the existing commercial building and made findings for the Parking Exception Program. E. That a public hearing was duly called, noticed, and held for CUP 2024-0008 on October 22, 2024, by the Planning Commission. F. That, in accordance with Section 6.3.3 of the DCCSP, the use proposed may satisfy all or a portion of the required number of on- site parking spaces through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets specific findings. G. 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. H. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 PC Reso. No. 4506 CUP 2024-0008 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 of the City of Tustin, in that: 1. The proposed Urgent Care clinic is allowed with a Conditional Use Permit per DCCSP Section 3.1, Table 3.1 . The DCCSP land use designation allows for retail, service, office, food service, medical, hospitality, and auto service uses serving a regional and community-wide area and population. 2. The proposed urgent care clinic is located within a commercial center where there is a combination of medical offices and retail spaces. As conditioned, the characteristics of the proposed uses and hours of operation would be similar to other similar establishments in the City 3. The project site is a corner property with frontage along Newport Avenue, Main Street, and Centennial Way. On-site parking and driveway access are located to the rear of the building and out of view. Additional on-site parking spaces would be highly visible at this corner lot and the project would be best served through the parking exception agreement. As a condition of approval, the applicant shall enter into an agreement to pay an annual fee for parking not provided on-site. I. The Tustin Police Department has reviewed the application and has no concerns as conditioned. J. The parking exception for this project is consistent with the City's goal of introducing customer-attracting commercial uses, generating jobs, increasing the number of persons shopping and working in Old Town Tustin, and fostering economic development of the surrounding areas. K. The City previously prepared the Old Town Parking Study that concluded that there is a significant amount of available parking in the Downtown Commercial Core area. L. The proposed development meets the findings required within Section 6.3.3 of the DCCSP to allow participation in the Parking Exception Program as follows: 1. The proposed project is an infill project located within the DCCSP.- The proposal expands a multi-tenant commercial building in the DCCSP, and the proposed use and project development is consistent with other uses and buildings in the vicinity. 2. The proposed project is considered to be relatively small: PC Reso. No. 4506 CUP 2024-0008 The urgent care clinic will be located in a 3,485 square foot tenant space that was previously approved by the Planning Commission (DR 2020-0011) in conjunction with approval to enter into a parking exemption program for a total of nine parking stalls. The subject project requires an additional 5 parking stalls to be supplemented by the parking exemption program. In total, 14 of the 38 required parking stalls would be included in the parking exemption program. Although the parking stalls required via the parking exemption program has increased, the site remains consistent with the previous approval and relatively small. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to the DCCSP: The proposed project does not include development on the site. The use would be fully enclosed within a commercial tenant space and that was previously approved but not yet built, consistent with the intent of the DCCSP. 4. The proposed project is aesthetically superior to one that provides all required parking on site.- The project site was previously approved and appropriate to house the proposed urgent care clinic when the tenant space is constructed. The approved addition was designed and approved to enhance the intersection of three streets that surround the project site by placing the building at the center of the site, fronting the public right of way. In doing so, the parking lot is screened from view and the site layout, including allowing a portion of the parking to supplemented by the parking exemption program, creates a superior street scene for a prominent intersection of the City. The Proposed urgent care would be contained completely within the previously approved tenant space, when completed; therefore, the urgent care is aesthetically superior. 5. The project applicant shall agree to pay an annual fee for each commercial parking space not provided on site.- The project applicant has agreed to pay the annual fee and has, as required as a condition of approval, agreed to amend the current parking exemption agreement to include the additional parking spaces not provided on-site. M. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). The expansion of the existing building was previously approved by the Planning Commission (DR 2020- 0011) and was determined to be Categorically Exempt pursuant to Section 15332 (Class 32 - In-Fill Development) of the California Environmental Quality Act. PC Reso. No. 4506 CUP 2024-0008 II. The Planning Commission hereby approves CUP 2024-0008 authorizing the establishment of an urgent care clinic at 535 East Main Street, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of October, 2024. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney EXHIBITA CUP 2024-0008 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (CUP) 2024-0008 535 E. MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 22, 2024, 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 Tustin City Code (TCC). (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 and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2024-0008 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 the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 All previous Conditions of Approval in Planning Commission Resolution No. 4428 remain in effect. 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 EXHIBITA CUP 2024-0008 (1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 CUP 2024-0008 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 2024-0008 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) 1.9 As a condition of approval of CUP 2024-0008, 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 the defense of any such action under this condition. (1) 1.10 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. (1) 1.11 Prior to the issuance of a Certificate of Occupancy for the urgent care clinic, the applicant shall comply with Ordinance No. 1416 established by City Council Resolution No. 12-27 by amending the Parking Exemption Agreement tied to the subject property to include a total of fourteen (14) parking spaces as required by the proposed change in use and pay the applicable fee. The amended agreement would require the payment of an annual fee per space not provided on-site that would compensate the City for the project's proportional use of public street and parking spaces. The fee amount is subject to change at the discretion of the Tustin City Council. The current per fee is sixty dollars ($60.00) per parking space. USE RESTRICTIONS (1) 2.1 The applicant is authorized to establish and operate an urgent care clinic within a 3,485 square-foot tenant space addition to be built at 535 E. Main Street. No patient overnight stay is permitted. EXHIBITA CUP 2024-0008 (1) 2.2 Site and building signage shall comply with the Master Sign Plan for the project site and on file with the Community Development Department. Separate building permits are required for all signs. (1) 2.3 All activities shall be located within an enclosed building. (1) 2.4 No change or alteration of the tenant space shall occur without 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 permit by either the Zoning Administrator or the Planning Commission. (1) 2.5 Business hours are limited to the following: Hours of Operation Monday - Friday 8:00 A.M. to 8:00 P.M. Saturday 8:00 A.M. to 6:00 P.M. Sunday 8:00 A.M. to 6:00 P.M. (1***) 2.6 Building permits for the medical office addition shall be issued within one (1)year of approval of CUP 2024-0008 unless time extension is submitted and approved consistent with the provisions of Condition of Approval No. 1 .3. PUBLIC WORKS DEPARTMENT CONDITIONS (1) 3.1 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 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 will be determined by the Public Works Department in amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. 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". EXHIBITA CUP 2024-0008 POLICE DEPARTMENT CONDITIONS (5) 4.1 Surveillance Cameras shall cover the parking lot and other outside areas with 30-day video retention. (5) 4.2 Posted signs shall be provided at all pedestrian and vehicle entrances that state "No Trespassing" in compliance with language states in TCC 6350(c). FEES (1, 5) 5.1 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.