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HomeMy WebLinkAboutPC RES 4063RESOLUTION 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 regular meeting on the 28th day of August, 200 r'~~ . `' .. ELI BETH A. BINSACK Planning Commission Secretary Commission of the City of Tustin, at a 7. r i~ ~ f ~~ _ j ~~ JONI~- ~1IELSEN Chairperson 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 CODES (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 Califomia 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 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.