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HomeMy WebLinkAbout04 UD 07-002/CUP 07-015ITEM #4 Re or ~ 1 p t to the ~,~ ~~ ~ ~~/ Planning Commission DATE: NOVEMBER 13, 2007 SUBJECT: USE DETERMINATION 07-002 AND CONDITIONAL USE PERMIT 07-015 PROPERTY OWNER: THUNDERBIRD PROPERTIES LP 8502 E. CHAPMAN AVENUE #638 ORANGE, CA 92869 APPLICANT: LAURIE and DAVE ZURBORG WAGS & WIGGLES DAYCARE, PART DEUX 23171 ARROYO VISTA RANCHO SANTA MARGARITA, CA 92688 LOCATION: 14402 CHAMBERS ROAD ZONING: IRVINE INDUSTRIAL COMPLEX SPECIFIC PLAN PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST FOR A USE DETERMINATION TO ESTABLISH A DOG DAYCARE, TRAINING, AND BOARDING FACILITY AS A CONDITIONALLY PERMITTED USE IN THE IRVINE INDUSTRIAL COMPLEX SPECIFIC PLAN AND PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 14402 CHAMBERS ROAD. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 4069, approving Use Determination 07-002 to allow for a dog daycare, training and boarding facility as a conditionally permitted use within the Irvine Industrial Complex Specific Plan and Planned Community Industrial (PC-IND) zoning district. 2. Adopt Resolution No. 4070, approving Conditional Use Permit 07-015 to establish a dog daycare and training facility in an existing 21,640 square foot tenant space located at 14402 Chambers Road. UD 07-002 and CUP 07-015 November 13, 2007 Page 2 BACKGROUND Site and Surrounding Properties The site is located within the frvine Industrial Complex Specific Ptan and within the Planned Community Industrial (PC-IND) zoning district and the Planned Community Commercial/Business General Plan Land Use Designation. Adjacent uses in the immediate vicinity are also located within the Irvine Industrial Complex and zoned as PC- IND. The only residential uses in the area are located across Tustin Ranch Road and out of the 300 foot noticing parameters. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on November 1, 2007. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on November 1, 2007. The applicant was informed of the availability of the agenda and staff report for this item. Application Submittal Although the proposed dog daycare and training facility is not specifically identified as a permitted or conditionally permitted use within the PC-IND zone and Irvine Industrial Complex Specific Plan, staff has informed the applicant that uses most similar to a dog daycare and training facility generally require the approval of a conditional use permit. As such the applicant has chosen to submit a use determination and conditional use permit for concurrent review. The applicant was informed by staff of the risks associated with filing for a conditional use permit prior to approval of a use determination. USE DETERMINATION A Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted or prohibited in the zoning district. When determining whether a use is similar in character to the particular uses allowed in the district, the Planning Commission should consider the following criteria outlined in Section 9298b of the Tustin City Code: 1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. 2) Effect upon traffic conditions. 3) Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community. The applicant is proposing to operate a dog daycare and training facility which would also offer boarding facilities. The facility would offer a myriad of training classes ranging from group classes to private sessions dealing with obedience, agility, behavior, and UD 07-002 and CUP 07-015 November 13, 2007 Page 3 puppy classes. Daycare is offered in a controlled environment where dogs are monitored by trained staff members. The dogs are segmented into appropriate groups in which they play and receive exercise throughout the day. All new dogs to the facility are screened by staff members to ensure compatibility and appropriate behavior prior to admittance into daycare. The facility would provide services to prescreened clients only with no same day walk-ins permitted. Dog bathing services and limited retail services are available to clients only. All boarding would be prearranged and also available only to registered clients. All activities apart from drop off and pick up of the dogs would be confined within the building. Animal waste is handled through the use of PetaPotty systems which provide an indoor grassy area. All pet waste would be conditioned to be removed on a daily basis and disposed of per the guidelines set forth from the sanitation district. The floor in the play areas would be made of a seamless rubber matting to prevent liquid seepage. The use of air purifiers and a controlled air exchange system would be implemented to control odors. A double door entry system is being proposed to prevent any dog escapes from the facility. Wags and Wiggles currently operates a 14,000 square foot facility within the City of Rancho Santa Margarita in two adjacent buildings located in an industrial business park. The business was started in 1999 at the current location and is looking to expand to a second location within Tustin. Uses similar to the proposed facility are conditionally permitted in similar industrial areas. On November 5, 1979, the City of Tustin Planning Commission determined that indoor kennels and animal boarding facilities in the Industrial (M) zone are permitted subject to approval of a conditional use permit. It was also determined by the Planning Commission on July 23, 1990, that pet grooming businesses are allowed in the Planned Industrial (PM) zoning district with approval of a conditional use permit. The most compatible use to the proposed use has been established at the PetSmart store in the Tustin Market Place located at 2741 EI Camino Real. Services include pet boarding (PetsHotel), pet training, grooming, and veterinary services. On January 8, 2007, the City of Tustin Planning Commission approved Use Determination 06-002 and Conditional Use Permit 07-022 to approve the subject use in the Planned Community Mixed Use zoning district as a conditionally permitted use. That facility is currently under construction and has an anticipated opening date this Fall 2007. The intent of the Irvine Industrial Complex is to allow for a combination of general industry, business and professional offices, and commercial activities. Various alternative uses such as churches, indoor recreational and other assembly uses are allowed upon approval of a conditional use permit. The proposed use is a service commercial use; however, due to the nature of the business, it is not anticipated to have any traffic and parking impacts on surrounding businesses as it is a drop-off and pick-up facility where clients are prearranged and walk-ins are not accepted. Allowing for the proposed use subject to the approval of a conditional use permit would ensure that any future applications are evaluated and conditioned specific to location. UD 07-002 and CUP 07-015 November 13, 2007 Page 4 An approval of Use Determination 07-002 can be supported by the following findings: 1) All operations of the Wags & Wiggles operation would be confined within the existing building. 2) The proposed use would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed business would care for pets while owners are out of town and promote the health and hygiene of animals within the community. 3) A traffic study prepared by a licensed traffic engineer has concluded that the proposed project will not result in any significant impacts to the adjacent street system. 4) The proposed use would be considered on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. CONDITIONAL USE PERMIT Project Description The applicant is proposing to occupy an existing 21,640 square foot tenant space in a stand alone building with a private parking area. The previous tenant, Rain Dance Irrigation, manufactured irrigation equipment. There is no active business license for the adjacent property to the east of the site. However, the last tenant operated a commercial printing business. Multiple tenants engaged in warehousing and wholesale machinery are located on the adjacent property to the west of the site. The property to the rear of the site operates an automotive repair business. Wags & Wiggles is proposing to operate with a maximum capacity of 150 dogs at any given time, which includes dogs in boarding care. The facility would provide 36 kennels which would allow for a maximum of 50 boarding dogs. Family dogs would share kennels at times. There would also be a maximum of 9 staff members at the facility at any given time. No staff members would remain on-site overnight, instead dogs in the kennel would be monitored by video camera on an online system. The project location is not in the immediate vicinity of any sensitive uses. The nearest residential uses located across Tustin Ranch Road are approximately 500 feet from the building in which Wags & Wiggles will occupy. There is a high landscaping berm with an extensive amount of tree and shrub coverage screening the Irvine Industrial Complex along Tustin Ranch Road and the proposed location is an interior parcel within the complex. UD 07-002 and CUP 07-015 November 13, 2007 Page 5 Site Conditions Currently the project site is in a dilapidated condition which will require extensive upgrades to the facility. The City of Tustin Public Works Department is conditioning the project to install a sidewalk along the public right-of-way adjacent to the property. This will require significant on-site upgrades to meet the Americans with Disabilities Act (ADA). The parking lot will need to be slurried and re-striped to meet the City's Parking Lot Design Guidelines. Landscaping will also need to be replaced and installed to meet City standards. In addition to the necessary site work, the applicant will also construct tenant improvements to the building itself. Noise The applicant has provided an acoustical stud y prepared by Gordon Bricken & Associates to evaluate the proposed location and intended use. The acoustical study has concluded that the facility would be audible at times to the surrounding uses; however, it is not expected to violate the City of Tustin Noise Ordinance. It was also noted that in order to comply with the City's Noise Ordinance all operations would need to remain interior and all doors and windows would be required to be closed. The applicant is also proposing additional noise attenuation measures such as installing Netwelf Noise Control paneling as well as barking control devices for the dogs. Business Hours Wags and Wiggles would operate daycare services during the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays, and 8:00 a.m. to 11:00 a.m. on Sunday. Training classes would take place on weekday evenings from 6:30 p.m. to 8:30 p.m. Parking The project site has an existing supply of twenty-four (24) parking stalls which is conditioned to remain as such. Staff feels that a parking ratio of one parking stall per each 1,000 square feet of gross floor area will adequately address the parking demands of the proposed use. While no parking impacts are anticipated, staff has conditioned the project to be reviewed and mitigation measures implemented should a parking problem arise. The applicant has submitted a traffic study prepared by a licensed traffic engineer from Austin-Foust Associates, Inc. which concludes that the proposed use will not create any significant impacts to the street system. The applicant is also proposing transport services for the pick-up and drop-off of dogs within the area. This shuttle service has already been tested and implemented at the existing facility. FINDINGS to determining whether to approve the Conditional Use Permit for the proposed dog daycare, training, and boarding facility, 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 UD 07-002 and CUP 07-015 November 13, 2007 Page 6 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: 1) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building, the number of clients, hours of operation, and type of business are consistent with other businesses within the Irvine Industrial Complex and the PC-IND zoning district. 2) A traffic study prepared by a licensed traffic engineer has concluded that the proposed project will not result in any significant impacts to the adjacent street system. 3) The project site is not in the vicinity of any sensitive or residential uses where normal operations would create a nuisance for the people residing or working in the area. 4) An acoustical study prepared for the proposed business indicated that normal operations are not expected to violate the City of Tustin Noise Ordinance. All recommendations of the acoustical study would be required to be implemented; and the project would be conditioned to comply with the Tustin Noise Ordinance and General Ptan Noise Element. 5) If the proposed use 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 Conditional Use Permit. Staff recommends that the Planning Commission adopt Resolution No. 4069 approving Use Determination 07-002 to conditionally permit a dog daycare, training, and boarding facility within the Irvine Industrial Complex Specific Plan and Planned Community Industrial (PC-IND) zoning district and adopt Resolution No. 4070 approving Conditional Use Permit 07-015 for dog daycare, training, and boarding facility located at 14402 Chambers Road. Ry wiontek Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolutions No. 4069 and No. 4070 ATTACHMENT A LOCATION MAP LOCATI~O~N MAP ~- , ~- ' ~ ` a :~~ ~- ,g o ,~ ~, , ~~ ~~ ~_ ~~ ~ u ~`S ~„ ~~ i~ I~ '~'~; ~~ ~l 1 ~~ ~ j TUSTIN CITY MAP Project No. UD 07-002 CUP 07-015 Address: Wags & Wiggles 14402 Chambers Road Tustin, CA 92780 • ~[ ~,~ ~ r ~ ., ~ `'..~ v +1 v` ~O N Y ..~ N .v W ~, 7 _5-; 4 MI EIt.E DRIVE ~ /y~+ J N ~/ ~•.• ~. 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N ~ o r e~~~ '~ ~ / \ ~~ ~ ~ ~ ~ ~-- ~ ~ ~~ ~,~ Q ~ ~ ~ ~ ,~ ~ ~ r ~ a ~~ ¢ ~ ~ ~t ~ , ~ , ..~ . ~~ ~ ~ .~ q ~, ___._ ~ ~' ~ L ~ ~ ~` ~ ~ N / h~ ~ -~~ ~ f~; ~ ~ ~ ~ ~ ~N~o O ~ ~ -~ per/ ~~ v ~ ;~ ~ _ ~d ~~ Q R • , ~ ~ ~~ ~i ~ ~~ ~ (~ ~ ~' ~ ~ . <-1 ~ ~ '~ ,.~.. ~ `^ ~ ~ VI ~ ~/ •` ~ ~' C ~. ~ ~,A ~., i ~ ~ ~ ~ ~. 0 ~ ~ ~, ~- o ~ ~ ; .y: ~ ~ ~ ~- ~~ ~ 4 ~ _ 1 ~ ~ ~ ~ ~~ ~_ ~ _ ~ r G~ ~` ` ,`C ~. _. - ~~ ~-t~Z CU~c~v~h~rs ~~, I ~S-~~N ~`~:~ '. u~~ ~ ; ,.r,, .,~' ~~, ~:~;~ 1. Executive Summary 1.1 History of Wags & Wiggles Wags and Wiggles is the premier dog daycare and training facility in Rancho Santa Margarita. We were the first full service dog daycare in Orange County. Since we opened there are now dog daycares in Lake Forest, San Clemente, Laguna Hills, Costa Mesa, Anaheim and more cities in the local area. We believe the Tustin area deserves its own dog daycare due to the number of residents with dogs living in close quarters to one another. Wags & Wiggles was started by Laurie & Dave Zurborg in 1999 in Rancho Santa Margarita. We occupy two buildings in the City of RSM. One building occupies our daycare which is approx 9,000 sq ft and one building occupies our training center which is approx 5,000 sq ft. These buildings are located in an industrial/commercial type business park with other local businesses. Wags & Wiggles has always maintained good standing with the City of RSM and with its neighbors (See attached referral fetters from current RSM neighbors. These letters were obtained when the RSM location expanded to acquire its second building). We have also worked closely with SAMLARC (local property management) and The BeIlTower Foundation (non-profit entity supporting the City of RSM) in offering dog training services for the community. Laurie Zurborg had a background in dog training, dog behavior, veterinary medicine, and animal shelter management before starting Wags & Wiggles. Since 1999, Laurie Zurborg has received national acclaim and recognition in the areas of dog daycare management and dog training. Laurie Zurborg earned the title Certified Pet Dog Trainer. This accomplishment is granted only after a rigorous examination and qualification process by APDT (apdt.com). She has been training her own dogs and competing for 15 years. Since 1997, she has used Operant Conditioning/Clicker training exclusively in all her training and teaching. This method focuses on rewarding the dog for good behavior. Wags & Wiggles Dog Daycare was featured on Animal Planet, won Facility of the Month for June 2006 from the Amercian Boarding and Kennels Association. We have also been featured several times in the Orange County Register and Entrepreneur Magazine. Laurie Zurborg has also developed a trainer's apprenticeship program where future trainers from around the country have come to study and learn. Laurie Zurborg has also worked with ABKA to setup national standards and regulations for dog daycare nationwide. Laurie is a long standing and active member of: • Association of Pet Dog Trainers (APDT) -Charter Member • International Association of Animal Behavior Consultants (IAABC) • American Boarding and Kennel Association (ABKA) • American Canine Sports Medical Association (ACSMA) • American Kennel Club (AKC) • United States Dog Agility Association (USDAA) • National Association of Dog Obedience Instructors (NADOI) For additional information on the Wags and Wiggles Rancho Santa Margarita location, please visit our website at www.wagsandwiggles.com. 1.2 Objectives Wags & Wiggles Dog Daycare, Part Deux is a Limited Liability Company registered in the State of California. In addition to our Rancho Santa Margarita location, we will be expanding to the mid-county area to provide additional services to local dog enthusiasts. Laurie & Dave Zurborg have taken on a partner for this venture, Lysa Knight, CPDT. Lysa has worked at the Wags & Wiggles RSM location since 1999. She has a bachelors degree in Psychology and Masters Degree in Business. She completed the Wags & Wiggles Apprenticeship program and quickly became our training manager. She will be co-owner and facility manager for the new location in Tustin. AI Schifferer, Laurie's father, will be the back office manager to ensure smooth operations and oversee construction. We will then hire and train new office and daycare staff. These new staffers will get training at the RSM location prior to starting at the Tustin location. We provide a safe, nurturing environment for dogs to play in segmented groups based on size and play style. Dog daycare provides an outlet for dogs to run and play which reduces many behavior problems at home such as chronic barking, chewing, or destruction. Dog daycare is a structured environment unlike dog parks. Dogs must listen to commands, stay quiet, and play nicety. New dogs are screened by trained staff through an interview process to ensure only healthy and friendly dogs attend our facility. We have strict health and vaccine protocols that we follow. Daycare staff are highly trained in dog behavior and training. We will also offer group and private dog training so dog owners can get the training they need. We offer basic obedience, puppy classes, agility classes, behavior consults and more. All instructors are Certified Pet Dog Trainers. All daycare and training services are held indoors within the confines of the facility. 1.3 Mission To provide a place where lonely or energetic dogs can go and spend time in a nurturing environment, safety playing with people and other dogs while learning basic manners and obedience. To provide a one stop place for pet owners to address their dog's exercise needs, vacation care, bathing, and training needs. We truly believe a tired dog is a well behaved dog! Over time we have proven that having a dog daycare reduces unwanted troublesome dog behavior in community. 1.4 Keys to Success The keys to success in our business are: 1. Superior Customer Service: High-quality care and service. We only employ mature staff and we offer a comprehensive benefit package including full paid health insurance. The RSM location currently employs 30 individuals. 2. Location: Providing an easily accessible location for customer convenience. 3. Environment: Providing a clean, upscale, odor free, dog and people friendly environment conducive to providing safe play and professional service. Since the facility is indoors, there will be no sound audible to the surrounding businesses. For indoors, we also have Netwell Noise Control Panels (see exhibit A). We also use bark control devices on any dog that can't be quieted through normal means. As a last resort, if a dog is unable to be quieted, they would be evicted from the facility. However, due to the level of supervision and exercise the dogs receive, there is very minimal barking. All play rooms are enclosed and contained to the interior of the building. There is no chance for loose dogs due to our specially designed double door entry and exit system. One door closes as another opens, like an airlock system. The RSM location has never had a dog escape. There is no smell due to our extensive cleaning protocols, air exchange system, and waste removal program. We also have special indoor odor control systems (see exhibit C). Liquid waste is mopped with biodegradable environmentally friendly products and disposed of directly to the sewer through a floor drain. We also have special potty parks with grass for indoor use (see Exhibit B). All proper permits through the water and wastewater department will be filed. All feces is double bagged and disposed of through the sanitation department. Since the dogs are constantly supervised and never left alone, all liquid waste and feces are immediately removed. The play surface is RB Rubber 3/" Matting which we have had for 8 years at the RSM Location. They are sealed together and have a seamless top finish so no liquid can seep through. Thus all waste is immediately removed. These mats also provide a well cushioned surface for the dog's to run and play on. 4. Convenience: Offering clients a wide range of services in one setting and extended business hours. Our office hours wilt be lam - 6:30pm M-F, 8-5 Sat, 8-11 am & 2-5pm on Sun. 5. Reputation: The owner of the original Wags and Wiggles establishment, Laurie Zurborg, will be acting as principle partner. Her experience and reputation will accelerate revenue and drive growth in our new location. In addition we will be utilizing Certified Dog Trainers and staff providing superior personal service. 6. Effective Advertising: Our key focus is advertising in the local housing and business environments. We will advertise with credibility and integrity by networking with local businesses, pet related service providers and dog parks. We also have a well established client base in this area that will already come to the RSM location. By providing a location closer to them (the Tustin Location), they will be able to use our services more often. 2. Company Summary Wags and Wiggles is an existing company that provides high-level animal care and customer service in the following categories. • Dog Daycare • Dog Training, Day School & Animal Behavior Classes • Boarding • Dog Bathing Services • Retail only related to dog training and dog daycare for current clients • Special events and special requests We currently service 100 dogs/day at the RSM location. These dogs are either in the daycare in small separate play groups or taking part in our classes. Since the Tustin building is quite a bit larger, we plan to service up to 150 dogs/day at the Tustin location. We have about 8 employees on site at any given time at the RSM location. Our employee/dog ratio in the play areas exceeds the industry average. With a 21,640 square foot facility, we would also have a higher than average dog per square foot ratio than the industry average. While we will service up to 150 dogs per day, there will be rarely more than approximately 6 clients dropping off at any given time. Drop off times are spread throughout the morning and afternoon. Once at full capacity, approximately 40 of the 150 dogs per day are to be boarding dogs, which lessons the amount of traffic due to the fact that the owners are not coming to the facility. It is similar to child daycare where the client is only at our facility for about 2 minutes to drop off or pick up and then leave. The City of RSM treated us as a child daycare when calculating parking requirements. The Tustin location has a total of 27parking spaces which is significantly more than our RSM location. In addition to the relief of traffic from the spread out drop off times, we will also be offering transport services where we will bring the dogs to and from the facility which reduces the number of cars entering the lot. We approximate transporting 20 dogs/day. Many of the dogs attending our facility are also from multiple dog homes. This means one parent may drop off 2-3 dogs at once. This will also reduce the number of vehicles coming to and from our facility. Once at full capacity, we expect to have approximately 60 cars enter and exit our facility between lam -11 am and 4pm - 6:30pm which will be the peak drop off and pick up times. We expect no more than 6 clients at our facility at a time and this is based on our history at the RSM facility for the last 8 years. We offer many other services related to daycare & training, our primary service lines. We offer minimal overnight boarding. We only have 26 kennels and 10 large crates at the RSM location. If dogs spend the night, they are confined to kennel runs inside the building. They are separate from each other at night. Since they play all day long, they are exhausted, quiet and ready to sleep at the end of the day. There is no drainage needed in the kennels themselves since they confined only to sleep and are able to keep their sleeping area clean. The kennels are professional T-Kennels which are completely enclosed and contained. We are aiming for approximately the same amount of kennels in the Tustin location. Overnight boarding is not a main service line and is only provided as a courtesy service for regular clients. We do not provide boarding for non clients. Overnight boarding helps generate revenue on the weekends and holidays. We have an extensive security system with sensors and cameras to ensure the dogs are safe overnight. We also offer board/train and dayschool training programs in addition to our group classes and private training lessons. This allows clients to get extra training white their dog attends daycare during the day. Our group classes are very small ranging from 4-6 students so parking should not be significantly affected by these classes. Most classes are also held after the daycare is closed. We offer minimal bathing services only for dogs attending daycare. We offer online doggie cams for clients to view their dog's play from home or work. There will also be tv monitors in the lobby for clients to view the play areas. This will minimize the disruption to the dogs who are at the facility which reduces unwanted barking. At the RSM location we also have special events like photo day, canine massage seminars, and agility workshops. The individualized play groups and training sessions emphasize safe play and interaction. The dogs in our care are carefully monitored by staff who go through an extensive training period. There are strict guidelines and behavior expectations for the dogs in our facility that the staff enforce throughout the day, including quiet and friendt la In addition to the interaction guidelines, comprehensive barking control protocol, we will use acoustic paneling to minimize noise. See Appendix A for noise control products that will be used in the facility. The front of the building contains a lobby, reception area, and 2 offices. We have a large room in the back of the building that houses the small amount of overnight kennels, washer/dryer, kitchen area. Next to that is the small dog play area. There is also two holding pen areas so new dogs can be introduced to the group slowly. There is also a large "L" shaped room which is the large dog play area. Next to that is a large room to be used for group training classes and private lessons. We wilt have a couple other smaller rooms for storage and bathing area. All areas are indoors contained within the building. Most of the rooms are insulated for sound proofing and air conditioned. These rooms will all constructed with architect drawings, licensed contractors, city permits and inspections. This project will be funded by Laurie & Dave Zurborg and their personal assets. 3. Miscellaneous Considerations As with our RSM location, the Tustin location will have its staff trained in animal CPR and first aid. We will have an emergency preparedness and evacuation plan that will be practiced 3x a year. We will work with the Fire Department to ensure all fire extinguishers and sprinkler systems are kept up to date and in working order. APPENDIX B PetaPotty www.petapottV.com The original Petapotty has a concealed water trap pan that allows for urine and water to be collected so that the sod does not disease itself by sitting in the acidic fluids. The trap pan is easily removable and easy to clean, thus eliminating any potent odors. Depending on how often the sod is watered, the grass will stay alive anywhere from 4-24 weeks. In addition, synthetic grass is available and can be used with commercial disinfectants. _~ _ a . , ~~ra~~Urrr - . _. t .: ; c ,.,. ,.S' .b "_ ~:_ ~y~~p~; ~~ r'..~ w a r ~~~ '~ - ~ ' ~ .. ~. In March of 2003, doggy day care centers discovered how useful the PETaPOTTY system can be for their facilities. The PETaPOTTY promotes a clean and sanitary environment for pets to relieve themselves. As seen in the picture to the left, if several PETaPOTTY systems are placed together, a large indoor park can be made. We have begun marketing this product to doggy day care centers and all places that can benefit from a clean and sanitary indoor park system. APPENDIX C Odor Control NQ Clarifier with UV This is a serious air purifier when you need a serious job done. The American manufactured NQ Clarifier does not compromise the quality of its internal parts. The efficiency of its HEPA filter is among the best that we have ever tested, and can last 4-5 years. The NQ Clarifier copes with the needs of people for whom clean air is not just a pleasant choice, but is critical to support their lives. It is an excellent choice for multiple chemical sufferers. The Clarifier has very fast clean air delivery rates at high speed with over 90% efficiency at each pass. Therefore, they are especially useful for critical filtration of microorganisms, viruses, and bacteria, and cover up to 1200 sq. ft. depending on the model chosen. The huge amount of coconut fill carbon handles a variety of noxious odors and gases. Additional Information Filter Configuration: 1 -HEPA Filter (Certified) 1 - Ring Filter w/ 15 Ibs of Carbon Product Dimensions: UV Lamps: UV Dosage: Warranty: Decibel Levels: Number of Fan Speeds: Air Delivery (with new filters installed) per Speed: Maximum Coverage Area: System Efficiency for Particles: Power Requirements: Number of Filter Stages: Filter Efficiency: 1 -Pre-Filter 1 -Post-Filter 2 - UV Lamps 28" H. x 15" W. x 14" D.Mleight- 481bs. 71 cm x38cmx36cm-22 kg. 2 Dosage in Kill Zone - 13,000 Nw-sec/cm2 2 Years 55 dBA at highest speed Variable (114 -350 cfm) CFM - 350 900 sq ft (based on maximum fan speed and an 8 ft ceiling) 99.97% at 0.3 microns 120 volt 4 99.97% DOP at .3 microns APPENDIX A Netwell Noise Control www.controlnoise com Product Description-These 2'x4' fiberglass baffles were originally introduced to the animal kennel market due to their unique moisture resistance and class A fire rating. Since their inception, their popularity has spread into multiple facilities including gymnasiums, industrial plants, fellowship halls, auditoriums, swimming pools, and more. They are lightweight, available in multiple colors, and grommetted for easy vertical suspsension. Moisture resisant fiberglass acoustic baffles wrapped with a protective heat sealed PVC poly film facing (view colors available). Measuring 24" x 48", these lightweight baffles are designed to solve harsh acoustical noise problems in a variety of clean room or high potential moisture environments. Their free hanging vertical suspension from ceilings allows the material to interrupt the path of the noise and curb the sound energy potential within the room. Corners are grommeted for easy hanging. Product Description-A lightweight, porous, open cell, acoustic melamine foam material designed for maximum sound absorption where a Class A Fire rating is a must! Resistant to most organic solvents, alkalis, and diluted acids. Heat resistant to 482°F! These 2'x4' panels can be installed with standard adhesives. Also available in ceiling the design and suspend vertical baffles. The facing is convo-uted with an egg shell pattern. The standard thickness is 2". They can be glued or velcroed to most wall surfaces for controlling unwanted sound reverberation within a room. Customers glue these panels to a wall using silicone based caulk. For portability, you could opt to put them up with velcro strips or double stick tape. Cut the foam from the back side with a carpet cutter or utility knife. 06/19/2007 ..07:23 4960654 Jude 19, 200 Bi & Mary ou ZViathes 10 Arista CA 92673 W y of Irvin Wags & iggles Dog Daycare Laurie urbarg Tod Whom It ~cay Concern, BIB PAGE 01 .gs and iggles Dog Daycare has been our tenant in our zcho Sari. Margarita building for the past 5 years. They have ~n great t ants and we are in the process of re~neu~ing our lease h them. a have not received any complaints or had any blems re arding there business. buildin has been clean, quiet and running according to all city ulations d CC&R's. Their success has been quite evident by re pheno enai growth. If you have any questions, we can be ~b.ed at 9 9-4960654. S' cerely, ,. ~~ ~~~~ B 18r, Mary Lou Mathes ,~ . t ~ ;,(~ ~ ~~ ~~ ~~ ..~~:;~f.- y ~,. ~a.~:._.r.;~ 747 JL /~VB,71dd t7f' L8S F3c'tlJd@fdS !t8nCha .Sr7fTCd MdC~dC1Cd, L4 '~1L,.3$ ~'o Whom it ~ncerns: T:~is letter is in ret~rence to 4~Ia~s ~.~ Vsli~~les 1Jo~ Da~~care expansion ~a 2732 Ave de Las L~ande:~as and their current operation ai 23 I r 3 Arroyo Vista. '1h'e fza~re beers nei~tlbors for approx years. Lie have no complaints with their operation, naisY, par~in~, or othenuise. We pose r~o opposiz-ion to their expansion. ifynu hat,~e an~~ qu~stic~ns please contact meal {9~9)b35~~~2~5 Lz ~ra.Del'itu i '4 !''-~ ~\ ~) ~ f 6, ' .1 i ~ ~ ~ ~~'~~ ~~`,_ r~K,i,x~nc . ~.t~~~rt~tu October 8, 2004 This letter is in reference to the Wags & Wiggles Dog Daycare expansion at 29732 Avenida de las Banderas and their current operation at 23171 Arroyo Vista. We have been. owners of our building for 13 years and neighbors of this business in the industrial park. We have never had any complaints in regards to their operation, noise, parking or otherwise. We pose no opposition to their expansion. If you have any questions please contact me at 949-589-4480 ext. 113 -, ~7 ,, ~rirrk'Mercier Lucas and Mercier Construction Zvi; ice' .avenida de ias pantie: Kan<ho Santa Rlargatita, CA 9:'~~,, '~~~ h _ _ ` ~_~. ~ a _. ~_ r r.l_ttI ~ L1l"lfV~Cl`t l I'IC ~ 1"iL._ 17"1? I C~Ol`tY_i`Y 1 U: 1y`t ~t~J.7 `f r C.l r". ~. S~.r~~nt Metal Fab~°~catlo~ X324 ~. Susan. Santa A~]a~ ~a. 9274 (714 432-~~Q~ This letter is in reference to the Nags & Wiggles expansion at 29732 Avenida de Las l~anderas, and their current operation at 23 T 71 Arroyo vista. V+~e have been neighbors of this business in the industrial. park for two years. U4re have never nad any campiaints in regards to their operation, noise, parking, or otherwise. If you have any questions, please contact ine at 7I4- ~~3~-~OG~?. .uric Sargent, ~ner ~~~_ Sargent Meta! Fabrication : W ~"~ : tee,.. ,,...~. ~x> 4 ,..; ew~r ° A~tI# ~;V.Vi~i'X';i.UNING & ~A~.IN~ C~tobcr 11, 2Q~4 T:~ morn ~~ Iviay Concern: ~t'h~s l~t~er i,s in xef~x-ence to the ~Iag~m & Wiggles expazt5io.n at 2732 Avenida L7e Isis ~3an.~eras and their cu, rent aperatior± at 23171 Arroyo V'isCa iz~ Rancho Santa iv1~*garita, CA. ~ti~Ie ha~,~e heEn neighbors of tk~.z5 business in. the industz~ial park for two yea~.rs. W'e 1t~ve z~~sr~r bad arty complaints in regards to their operation,, n4isw, parkirta ar other~~ise. lf, you 17a4e any gtzesti©ns, plcas~ Gozttact me at (9~9) 5$9-2021, Sincerely - ~~ ~~~~ ~vlerc,~r Alis~a .dir. ~raee 2973t~ ~~verids 6e is R~sr~ler}r3 • Raiacho Saner ttiiar~,rita, i~A 42f~~8 « Phone (949} .589°242f ~ FA.?~: (~~i1) `~;-6`13 • wwu~ a]4snair-srru • 1_r, u~ ~a~,~ln ATTACHMENT C RESOLUTIONS NO. 4069 AND N0. 4070 RESOLUTION NO. 4069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 07-002 TO ALLOW A DOG DAYCARE, TRAINING, AND BOARDING FACILITY AS A CONDITIONALLY PERMITTED USE IN THE IRVINE INDUSTRIAL COMPLEX SPECIFIC PLAN WITHIN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application for Use Determination 07-002 was filed by Dave Zurborg of Wags & Wiggles Dog Daycare, Part Deux, to request authorization to establish a dog daycare, training, and boarding facility as a conditionally permitted use within the Irvine Industrial Complex Specific Plan and the Planned Community Industrial (PC-IND) zoning district located at 14402 Chambers Road B. The proposed use is not listed as a permitted, conditionally permitted, or prohibited use within the Irvine Industrial Complex Specific Plan. Therefore, a Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the zoning district. C. That a public hearing was duly called, noticed, and held for Use Determination 07-002 in conjunction with Conditional Use Permit 07-015 on November 13, 2007, by the Planning Commission. D. That approval of Use Determination 07-002 to allow for a dog daycare, training, and boarding facility as a conditionally permitted use within the Irvine Industrial Complex Specific Plan and Planned Community Industrial (PC-IND) zoning district can be supported by the following findings: 1) All operations of the Wags & Wiggles operation would be confined within the existing building. 2) The proposed use would not have a detrimental effect on the public health, safety and general welfare of the community in that the proposed business would care for pets while owners are out of town and promote the health and hygiene of animals within the community. Resolution 4069 UD 07-002 Page 2 3) A traffic study prepared by a licensed traffic engineer has concluded that the proposed project will not result in any significant impacts to the adjacent street system. 4) The proposed use would be considered on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. E. 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 Use Determination 07-002 to allow for a dog daycare, training, and boarding facility as a conditionally permitted use within the Irvine Industrial Complex Specific Plan and the Planned Community Industrial (PC-IND) zoning district PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of November, 2007. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 4069 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2007. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 4070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-015 AUTHORIZING THE ESTABLISHMENT OF A DOG DAYCARE, TRAINING, AND BOARDING FACILITY IN AN EXISTING 21,640 SQUARE FOOT BUILDING LOCATED WITHIN THE IRVINE INDUSTRIAL COMPLEX AT 14402 CHAMBERS ROAD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 07-015 was filed by Dave Zurborg of Wags & Wiggles Dog Daycare, Part Deux, to request authorization to establish a dog daycare, training, and boarding facility in the Irvine Industrial Complex located in an existing 21, 640 square foot building at 14402 Chambers Road within the Irvine Industrial Specific Plan and Planned Community Industrial (PC-IND) zoning district, and the Planned Community Commercial/ Business General Plan Land Use Designation. B. The General Plan Planned Community Commercial/Business Land Use Designation and Irvine Industrial Complex Specific Plan allow for a combination of general industry, business and professional offices, and commercial activities. In addition, 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. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 07-015 in conjunction with Use Determination 07-002 on November 13, 2007, by the Planning Commission. D. 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: 1) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building, the number of clients, hours of operation, and type of business are consistent with other businesses within the Irvine Industrial Complex and the PC-IND zoning district. Resolution 40XX CUP 07-015 Page 2 2) A traffic study prepared by a licensed traffic engineer has concluded that the proposed project will not result in any significant impacts to the adjacent street system. 3) The project site is not in the vicinity of any sensitive or residential uses where normal operations would create a nuisance for the people residing or working in the area. 4) An acoustical study prepared for the proposed business and site indicated that normal operations are not expected to violate the City of Tustin Noise Ordinance. All recommendations of the acoustical study would be required to be implemented; and the project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5) If the proposed use 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 Conditional Use Permit. E. 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 07-015 authorizing the establishment of a dog daycare, training, and boarding facility in an existing 21,640 square foot building located at 14402 Chambers Road. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of November, 2007. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 40XX CUP 07-015 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. 4070 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4070 CONDITIONAL USE PERMIT 07-015 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 13, 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 07-015 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 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 (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODES (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS (1) 1.6 As a condition of approval of Conditional Use Permit 07-015, 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. (***) 1.7 Conditional Use Permit 07-015 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4070, 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 Conditional Use Permit. PUBLIC WORKS DEPARTMENT (1) 2.1 The applicant shall design and construct a minimum five foot wide sidewalk clear of aboveground obstructions. The City of Tustin Improvement Standard No. 203 shall be used for sidewalk obstruction transition. (1) 2.2 Prior to issuance of a precise grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms for approval by the City of Tustin. 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 to the recycling center. (City Ordinance 1281) (1) 2.3 Prior to issuance of any permit, the applicant shall submit a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development. Said plan shall include, but not be limited to, the following: Exhibit A Resolution 40XX CUP 07-015 Page 2 a) Curb and gutter f) Domestic water facilities b) Sidewalk, g) Sanitary sewer facilities c) Drive aprons h) Landscape/irrigation d) Signing/striping plan I) Underground utility connections e) Street lighting In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (1) 2.4 Any damage done to existing street improvements and utilities shall be repaired before issuance of a Certificate of Occupancy for the development. (1) 2.5 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 2.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons. (1) 2.7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 2.8 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. Exhibit A Resolution 40XX CUP 07-015 Page 3 (1) 2.9 The applicant shall demonstrate that waste collection location can be readily accessed by waste and recycling collection vehicles. (1) 2.10 Commercial Recycling: a. Pursuant to City Code Section 9275, the applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Prior to approval of site plan, a solid waste recycling plan shall be submitted and approved by the City of Tustin Public Works Department. The plan shall contain the following information: i. The total quantity (Ibs. or tons) of waste material to be generated by the proposed development use(s). ii. The types of waste materials likely to be generated by the proposed use(s). iii. The proposed method of recycling, including material types and quantities. iv. Identify any outside recycling equipment or services, other than the City franchise hauler, proposed to service the development. v. Identify any special waste materials (cooking oils, hazardous materials, lumber, etc.) which require special handling. vi. Identify the types and number of collection receptacles to be utilized and the proposed frequency of collection. vii. Demonstrate that waste and recycling collection locations are clearly identified and are equally and readily accessible by property owners and tenants. viii.Trash enclosures shall accommodate at least two (2) bins, with at least one (1) bin reserved for recyclable materials. The actual numbers of trash enclosures are subject to the City review and approval prior to site plan approval. BUILDING DIVISION (c) 3.1 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 Exhibit A Resolution 40XX CUP 07-015 Page 4 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 January 1, 2008. (c) 3.2 Building plan check submittal shall include the following: • Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two (2) copies of structural calculations. (if applicable) • Two (2) copies of Title 24 energy calculations. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 3.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.4 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. (***) 3.5 The applicant shall comply with the City of Tustin Noise Ordinance to limit all interior and exterior noise levels to the established standards. The applicant shall be required to install sound attenuating insulation in order to eliminate any nuisance caused by sound. In addition, all construction recommendations in the approved acoustical report shall be implemented into the project design. (5) 3.6 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Landscaping Plan Check and Permit Fees • Re-Striping Plan Check and Permit Fees PLANNING DIVISION (1) 4.1 All landscaping shall conform to the City of Tustin Landscaping Design Guidelines. All plant materials shall be installed in a healthy vigorous Exhibit A Resolution 40XX CUP 07-015 Page 5 condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 4.2 The existing parking lot is in a state of disrepair and will need to be improved to meet the City of Tustin Parking Lot Design Guidelines. Maintenance will include but is not limited to, resurfacing, restriping, repairing cracks, repairing curbing, landscaping, and complying with ADA requirements. The project shall maintain the existing twenty-four (24) parking stalls. ORANGE COUNTY FIRE AUTHORITY (1) 5.1 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. (1) 5.2 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 (***) 6.1 All animals shall be confined 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 wastes on a daily or more frequent basis as necessary and dispose of waste per the guidelines set forth from the Irvine Ranch Water District. (1) 6.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 6.3 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. (1) 6.4 All necessary permits of the Orange County Control Division of the Health Care Agency shall be obtained and all requirements for maintaining sanitary conditions and proper disposal of animal waste shall be adhered to at times. Exhibit A Resolution 40XX CUP 07-015 Page 6 (***) 6.5 Dog Daycare hours of operation shall be limited to 7:00 A.M. to 6:30 P.M. Monday through Friday, 8:00 A.M. to 5:00 P.M. on Saturday, and 8:00 A.M. to 11:00 A.M. and 2:00 P.M. to 5:00 P.M. on Sundays. Scheduled training classes shall be allowed to extend into the evening hours no later than 8:30 P.M. (***) 6.6 The facility shall have a maximum of nine (9) employees at any given time and limited to a maximum of one hundred-fifty (150) dogs including boarding dogs. (1) 6.7 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. (1) 6.8 If a noise or parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures. FEES (2) 7.1 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.