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HomeMy WebLinkAboutPC RES 4506 Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 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 Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 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. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 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. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 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. Signed by: D148F2601EF34A4... ERIC HIGUCHI Chairperson ESigned by: ,txS6" b. (AUJOA ED45DA26231354A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM- ESigned by- A343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 PC Reso. No. 4506 CUP 2024-0008 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4506 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of October, 2024. PLANNING COMMISSIONER AYES: Higuchi, Kozak, Mason (3) PLANNING COMMISSIONER NOES: Mello (1) PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Douthit (1) ESigned by: ,txS6" b. (AUJOA ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 EXHIBIT A 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 final building inspection. 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. SOUROE' DIE (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT ( ) CE'RQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM IBUILDING CODE/S (7') PCICO POLICY JQ IDESIGN RE'VIIIE'Vdl' "' EXCEPTION Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 EXHIBIT A 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. Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 EXHIBIT A 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". Docusign Envelope ID:7FF40A2A-9349-4E14-90C9-FDFB9C67F718 EXHIBIT A 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.