HomeMy WebLinkAbout06 CUP 07-009ITEM #6
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Report to the ~~~r~~~~~;
Planning Commission
DATE: AUGUST 28, 2007
SUBJECT: CONDITIONAL USE PERMIT 07-009
OWNER: DR. STEPHEN HANSON
VETERINARY NEUROLOGY CENTER
3047 EDINGER AVENUE
TUSTIN, CA 92780
APPLICANT: ROCHELLE GARY
J. L. HARE ASSOCIATES
1450 N. TUSTIN AVENUE, SUITE 105
SANTA ANA, CA 92780
LOCATION: 3051 EDINGER AVENUE
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST: AUTHORIZATION TO ESTABLISH A VETERINARY CLINIC
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4063 approving Conditional Use
Permit 07-009.
BACKGROUND
The applicant is requesting approval to establish a 4,706 square foot veterinary clinic and
construct interior improvements within an existing building located in Jamboree Plaza at
the northwest corner of Edinger Avenue and Jamboree Road (Attachment A -Location
Map). Veterinary clinics can be established within Jamboree Plaza with approval of a
conditional use permit.
Planning Commission Report
August 28, 2007
CUP 07-009
Page 2 of 4
Site and Surrounding Properties
The property is located within the Planned Community Industrial (PC-IND) zoning
district, 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 uses further to the north of the tracks.
DISCUSSION
Project Description
The proposed clinic would be located within an existing 4,706 square foot building located
at Planning Area D of Jamboree Plaza, where veterinary clinics are conditionally
permitted. Jamboree Plaza includes four (4) planning areas as follows:
Planning Area Permitted uses Location
Planning Area A Carwash, auto services, Along Edinger Avenue
Drive-thru restaurants with CUP
Planning Area B Retail uses, service uses, and offices Along Edinger Avenue
Planning Area C Auto service uses Along Jamboree Road
Planning Area D Office and service uses Along Railroad R-O-W
Light industrial uses
Seminar schools, gymnastics/dance studios &
Veterinary clinics with CUP
The proposed building is located in Planning D. There are currently four veterinary clinics
in operation within Jamboree Plaza, approved as follows:
Conditional Use Permit 98-028 2955 Edinger Avenue
Conditional Use Permit 99-008 3047 Edinger Avenue
Conditional Use Permit 03-004 3021 Edinger Avenue
Conditional Use Permit 00-003 3087 Edinger Avenue
An engineering consulting firm currently occupies the building at 3051 Edinger Avenue.
The proposed project would provide a veterinary neurology clinic for cats and dogs with
neurological diseases such as seizures, spinal injuries, and brain tumors. The clinic is
currently operating in conjunction with another veterinarian clinic at 3047 Edinger
Avenue adjacent to the proposed site.
The proposed clinic would need interior improvements to provide offices, four exam
rooms, operating and treatment rooms, an X-ray room, and boarding areas for the
treated animals (Attachment B -Submitted Plans).
The proposed clinic would operate with five full time and part time employees in
addition to two veterinarians. The hours of operation are proposed as follows:
Planning Commission Report
August 28, 2007
CUP 07-009
Page 3 of 4
Monday through Friday
Saturday
Sunday
8:00 a.m. to 8:00 p.m.
9:00 to noon
currently closed
Patients are also seen after hours on an emergency basis. Due to the complexity of the
procedures, the applicant has indicated that only a few patients would be treated each
day. Currently, patients that require over-night care are transferred to another facility
within Jamboree Plaza; however, the applicant is proposing to provide on-site over-
night care for up to 10 animals in the future. The patients would be kept in the runs and
cages within the treatment area and a technician would be on site overnight.
The proposed clinic would not provide grooming, or primary veterinary care. Condition
2.1 is included to require all animals to stay within the building, except for movement to
and from the owner's vehicle. The applicant indicated that the hours of operation may be
expanded on Sundays as business grows. Condition 5.5 and 5.6 requires that the
applicant adhere to the maximum number of boarded patients and the proposed hours of
operation with the office remaining closed on Sundays. Any revision to the submitted
schedule or number of boarded patients would require prior approval by the Community
Development Director.
Parking/Circulation
There are 512 parking spaces provided in Jamboree Plaza (Attachment C -Parking
Summary). The proposed veterinary clinic would require 28 parking spaces based on
6/1000 parking ratio required for medical uses. Including the proposed use, 485 parking
spaces would be required for all existing and proposed uses, resulting in a surplus of 27
parking spaces. The City Traffic Engineer has determined that the proposed veterinary
clinic, compared to an assumed industrial park, would generate a total of 4 AM and 12
PM peak hour trips based upon the Institute of Transportation Engineers (ITE) trip
generation tables. The potential net change in AM or PM peak hour trip generation is
not expected to be significant to Edinger Avenue and the adjacent public circulation
system.
Hazardous Materials and Waste
Hazardous waste and biological wastes would be disposed of by contract with firms
specializing in hazardous waste removal. Storage of products prior to pickup would take
place in sealed plastic biohazard containers provided by the collection company.
Condition 5.2 is included requiring these methods to be reviewed and approved by the
appropriate regulatory agencies, including the Orange County Fire Authority, the Orange
County .Health Care Agency, and the Orange County Integrated Waste Management
Department (Attachment D -Resolution No. 4063). Conditions 2.3 and 2.4 are included
to ensure all radioactive processes and materials are handled in accordance with all
applicable Federal, State, and local laws and regulations.
Planning Commission Report
August 28, 2007
CUP 07-009
Page 4 of 4
ANALYSIS
In determining whether to approve the Conditional Use Permit, the Planning Commission
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 facility, as conditioned, would not be detrimental to, or have a
negative effect on, surrounding properties in that the proposed facility is
located within a commercial business center where sufficient parking is
available. The proposed use is consistent with planned uses of the site.
The trip generation associated with the veterinary office would not exceed
the maximum trip capacity for Jamboree Plaza and no impacts to Edinger
Avenue are anticipated.
b) Operations of the 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.
c) 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 confined to 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.
d) No exterior building modifications are proposed and the exterior of the
building will remain compatible with other professional uses within
Jamboree Plaza.
Minoo Ashabi Elizabeth A. Bins
Associate Planner Community Devel pment Director
Attachments: A. Location Map
B. Submitted Plans
C. Parking Summary
D. Resolution No. 4063
S:\Cdd\PCREPORT12007\CUP 07-009 (vet dinic).doc
ATTACHMENTA
Location Map
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onditional Use Permit 07-009
X51 Edinger Avenue
Project Location
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ATTACHMENT D
Planning Commission Resolution No. 4063
RESOLUTION NO. 4063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
07-009 AUTHORIZING THE ESTABLISHMENT OF A 4,706
SQUARE FOOT VETERINARY NEUROLOGY CENTER WITHIN
AN EXISTING BUILDING IN JAMBOREE PLAZA LOCATED AT
3051 EDINGER AVENUE.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. A proper application for Conditional Use Permit 07-009 was filed by
J. L. Hare Associates on behalf of Dr. Stephen Hanson of Veterinary
Neurology Center to request authorization to establish a 4,706
square foot veterinary clinic within Jamboree Plaza located within
Planned Community Industrial (PC-IND) zoning district and the
Planned Community Commercial/Business General Plan Land Use
Designation.
B. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 07-009 on August 28, 2007, by the
Planning Commission.
C. 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, 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:
• The proposed facility, as conditioned, would not be detrimental
to, or have a negative effect on, surrounding properties in that
the proposed facility is located within a commercial business
center where sufficient parking is available. The proposed use
is consistent with planned uses of the site. The trip generation
associated with the veterinary office would not exceed the
maximum trip capacity for Jamboree Plaza and no impacts to
Edinger Avenue are anticipated. In addition, the project has
been reviewed and determined to be consistent with the Air
Quality Sub-element of the City of Tustin General Plan.
• Operations of the 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
Resolution 4063
CUP 07-009
Page 2
Department, and the California Department of Health
Services.
• 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 confined to 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.
• No exterior building modifications are proposed and the
exterior of the building will remain compatible with other
professional uses within Jamboree Plaza.
D. 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).
II. The Planning Commission hereby approves Conditional Use Permit 07-009
authorizing the establishment of a 4,706 square foot veterinary clinic within
Jamboree Plaza located at 3051 Edinger Avenue 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 28th day of August, 2007..
JOHN NIELSEN
Chairperson Pro Tem
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution 4063
CUP 07-009
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4063 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 28th day of August, 2007.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4063
CONDITIONAL USE PERMIT 07-009
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped August 28, 2007, 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 the use if such modifications are consistent with
provisions of the Tustin City Code.
(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 All conditions 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 07-009 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 the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
(1) 1.6 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIREMENTS
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
Exhibit A
Resolution 4063
CUP 07-009
Page 2
(1) 1.7 As a condition of approval of Conditional Use Permit 07-009, 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.
BUILDING DIVISION
(3) 2.1 At the time of building permit application prior to Dec. 31, 2007, the plans
shall comply with the latest State and the City Tustin adopted Codes: 2001
California Building Code (CBC), 2001 California Mechanical Code (CMC),
2001 California Plumbing Codes (CPC), 2004 California Electrical Code
(CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations
2005 Edition. It is expected that a new set of California Codes will take
effect on Jan. 1, 2008. Please note that this set of comments is based on
current codes.
(3) 2.2 Vehicle parking, primary entrance to the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
shall be accessible to persons with disabilities and shall be shown on the
plans.
(3) 2.3 Parking for disabled persons shall be provided with an additional five (5) foot
loading area with striping and ramp; disabled persons shall be able to park
and access the building without passing behind another car. At least one (1)
accessible space shall be van accessible served by a minimum 96 inch wide
loading area.
(1) 2.4 Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
collection, disposal, and diversion information on the City-prescribed
forms.
At least 50 percent of the construction debris shall be diverted from landfill
to the recycling plants. A security deposit in the amount of $50 per ton
(not to exceed $5,000 per project) for a C&D security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (i.e. receipt from
vendor) showing actual weight or volume of each material of C&D diverted
Exhibit A
Resolution 4063
CUP 07-009
Page 3
to the recycling center. For any questions or concerns, please contact Joe
Meyers at (714) 573-3173. (City Ordinance 1281)
(1) 2.5 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the residence. The numerals shall be no less than four (4)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness; six (6) inches in
height for commercial.
(1) 2.6 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
PUBLIC WORKS DEPARTMENT
(1) 3.1 This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
(1) 3.2 Project Recycling Requirement -The City of Tustin is required to comply
with the recycling requirements contained in the California Integrated
Waste Management Act of 1989. To facilitate City compliance with this
law, the Project Applicant is required to comply with Section 4327 of the
Tustin City Code which details requirements for developing and
implementing a Waste Management Plan
ORANGE COUNTY FIRE AUTHORITY
(5) 4.1 Prior to the issuance of a building permit the applicant shall submit plans for
any modification or addition to any existing automatic fire sprinkler system in
any structure to the Fire Chief for review and approval. Please contact the
OCFA at (714) 573-6100 for additional information.
(5) 4.2 Prior to the issuance of a building permit the applicant shall submit
architectural plans for review and approval of the Fire Chief if required per
the "Orange County Fire Authority Plan Submittal Criteria Form." Please
contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural
Notes to be placed on plans prior to submittal.
USE RESTRICTIONS
(*) 5.1 All animals shall be confined within the building, except for movement to and
from the owner's vehicle.
Exhibit A
Resolution 4063
CUP 07-009
Page 4
(*) 5.2 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 wastes.
(*) 5.3 The applicant shall obtain, abide by, and maintain an active Radioactive
Materials License from appropriate regulatory agencies for the proposed
location. All radioactive materials shall be stored and disposed of in
accordance with Federal, State, and local requirements and licensing.
(*) 5.4 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(*) 5.5 The clinic shall remain open according to the following proposed hours of
operation unless prior authorization is provided by the Community
Development Director:
Monday through Friday
Saturday
Sunday
8:00 a.m. to 8:00 p.m.
9:00 to noon
closed
(*) 5.6 A maximum of ten patients may be boarded in the clinic for overnight care
with a technician on site for supervision. Any changes to the operation of
the clinic shall be approved by the Community Development Department
prior to implementation.
FEES
(1) 6.1 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
that 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.