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HomeMy WebLinkAboutPC RES 4070RESOLUTION 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: 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 4070 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). 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 I~ELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4070 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. s 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 (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 4070 CUP 07-015 Page 2 (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 feast 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 Exhibit A Resolution 4070 CUP 07-015 Page 3 be required adjacent to this development. Said plan shall include, but not be limited to, the following: 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 DepartmentlEngineering 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. Exhibit A Resolution 4070 CUP 07-015 Page 4 (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. (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. Exhibit A Resolution 4070 CUP 07-015 Page 5 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 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 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 Exhibit A Resolution 4070 CUP 07-015 Page 6 • 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 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. Exhibit A Resolution 4070 CUP 07-015 Page 7 (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. (***) 6.5 Dog Daycare hours of operation shall be limited to 7:00 A.M. to 6:30 P.M. Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday and Sunday. 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.