HomeMy WebLinkAboutCUP 07-018Inter-Com
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DATE: FEBRUARY 4, 2008
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TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 07-018
PROPERTY SAID SHOKRIAN
OWNER: VAN BUREN PLAZA, LLC.
P.O. BOX 16562
BEVERLY HILLS, CA 90209
APPLICANT: SUZANNE MARCHETTI
UPTOWN PAW RESORT AND SPA
97 FOXHOLLOW
IRVINE, CA 92614
LOCATION: 624-A SOUTH "B" STREET
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: PLANNED INDUSTRIAL (PM)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1j
PURSUANT TO THE PROVISIONS OF SECTION 15301 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
REQUEST: TO ESTABLISH PET GROOMING AND PET DAYCARE
SERVICES.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 08-001 approving
Conditional Use Permit 07-018 for a pet grooming and pet daycare facility in an existing
tenant space at 624-A South "B" Street.
BACKGROUND
On July 23, 1990, the Planning Commission approved by Minute Order that a pet
grooming business is similar in character to other conditionally permitted uses in the
Planned Industrial (PM) Zoning District.
Zoning Administrator Report
CUP 07-018
Page 2
The project site is located at 624-A South "B" Street, in a property with an existing
industrial complex. The property is currently zoned Planned Industrial and designated as
Planned Community/Business in the General Plan Land Use Map.
The property is bounded by a Single Family Residential Zoning District to the north,
Interstate 5 to the south, Planned Industrial and Central Commercial Zoning Districts to the
east, and Public & Institutional to the west. The proposed tenant space faces South "B"
Street and is approximately 200 feet south of the intersection of 6th Street and South "B"
Street (Attachment A).
DISCUSSION
The site is currently improved with a 68,175 square foot industrial complex center and
185-space parking lot. The proposed use would occupy an existing 4,500 square foot
tenant space, including 740 square feet of office space and client reception area. The
tenant space is currently vacant; however, the previous tenant was an industrial use
and manufactured educational material for medical studies.
Project Description
The applicant proposes to operate a pet grooming and pet daycare business with eight (8)
employees. Grooming services would be provided to cats and dogs and daycare services
would be provided only to dogs. All activities will take place inside the tenant space and
company staff will periodically check the outside sidewalks and landscaped areas to
ensure that pet waste or other debris left by clients' dogs are removed. The proposed
business hours are 7:00 AM to 7:00 PM, Monday through Saturday and closed on
Sunday.
The applicant estimates that approximately twenty (20) pets will be groomed and forty (40)
dogs will be in daycare at any given time during business hours. No overnight boarding of
animals will be allowed and animal boarding has not been proposed by the applicant.
Noise
Based on other similar uses in the City, the proposed use is not expected to violate the
City's Noise Ordinance. The adjacent use is a manufacturing business specializing in
aboveground pool filters and pumps. In addition, the applicant plans to apply noise
attenuation measures.
Parking and Traffic
The existing 4,500 square foot industrial tenant space has approximately 750 square
feet of office space and 3,750 square feet for industrial space. This tenant space
Zoning Administrator Report
CUP 07-018
Page 3
requires seven (7) parking spaces based on the ratio of one (1) parking space for every
1,000 square feet of industrial space and one (1) space for every 250 square feet of
office space. The parking requirement is identical to the previous industrial use, and the
existing parking spaces provided can accommodate the proposed use.
The Public Works Department reviewed the proposed use and had no concerns
regarding trafi'ic generated by the proposed use.
ANALYSIS
In determining whether to approve the Conditional Use Permit, the Zoning Administrator
must determine whether or not the proposed use will be detrimental to the health,
safety, morals, comfort, and general welfare of the persons residing in or working in the
neighborhood or whether it will be injurious or detrimental to property or improvements
in the vicinity or to the welfare of the City.
A decision to approve this request may be supported by the following findings:
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 or operation, and type of business are consistent with other
businesses within the Planned Industrial (PM) zoning district.
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 the pet owners are at work and promote the health and
hygiene of animals within the community.
3. The parking requirement for pet grooming is identical to that of the previously
approved industrial use; therefore, the existing parking spaces provided can
accommodate the proposed use.
4. The project would be conditioned to comply with the Tustin Noise Ordinance and
General Plan Noise Element.
5. The proposed business hours are 7:00 AM to 7:00 PM, Monday through Saturday
and closed on Sunday, which is consistent with the hours of operation for other
industrial uses in the area.
6. If the proposed use is approved and later found to be a nuisance or negative
impacts occur, the Community Development Director may impose additional
conditions to eliminate the nuisance or negative impacts, or may initiate the
proceedings to revoke the Conditional Use Permit.
Zoning Administrator Report
CUP 07-018
Page 4
Staff recommends that the Zoning Administrator adopt Zoning Administrator Action 08-001
to approve Conditional Use Permit 07-018 authorizing a pet grooming and pet daycare
facility at 624-A South "B" Street.
~~~ v
~- elynne V. Huffer
Associate Planner
Attachments: A. Location Map and Site Plan
B. Floor Plan
C. ZA Action 08-001
S:\Cdd\ZgREPORT12008\CUP07-018 (Pet grooming -daycare).docx
ATTACHMENT A
LOCATION MAP AND SITE PLAN
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ATTACHMENT C
ZONING ADMINISTRATOR ACTION 08-001
ZONING ADMINISTRATOR ACTION 08-001
CONDITIONAL USE PERMIT 07-018
624-A SOUTH "B" STREET
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
The Zoning Administrator finds and determines as follows:
A. A proper application was filed by Suzanne Marchetti requesting
authorization to establish a pet grooming and pet daycare facility located at
624-A South "B" Street.
B. The site is designated as Planned Community/Business by the City
General Plan and is zoned Planned Industrial (PM), which provides for
manufacturing and warehouse uses. The project is consistent with the Air
Quality Sub-element of the City of Tustin General Plan.
C. The site is currently improved with an existing tilt-up industrial structure.
D. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 07-018 on February 4, 2008, by the Zoning Administrator.
E. 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. By Minute Order on July 23, 1990, the use applied for was
determined by the Planning Commission to be a -use similar in
character to other conditionally permitted uses in the Planned
Industrial (PM) Zoning District and thereby authorized subject to
approval of a conditional use permit.
2. The proposed pet grooming and daycare facility will be located in
an existing industrial building and will not require structural
modifications or alterations.
3. On-site parking requirements for the proposed pet grooming facility
will be maintained and there is no proposed expansion of office use
that would necessitate additional parking.
F. That the establishment, maintenance, and operation of the use applied for.
will not be injurious or detrimental to the property and improvements in the
Zoning Administrator Action 08-001
CUP 07-018
Page 2
neighborhood of the subject property, nor to the general welfare of the City
of Tustin as evidenced 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 or operation, and type of
business are consistent with other businesses within the Planned
Industrial (PM) zoning district.
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 the pet owners are at
work and promote the health and hygiene of animals within the
community.
3. The parking requirement for pet grooming is identical to that of the
previously approved industrial use; therefore, the existing parking
spaces provided can accommodate the proposed use.
4. The project would be conditioned to comply with the Tustin Noise
Ordinance and General Plan Noise Element.
5. The proposed business hours are 7:00 AM to 7:00 PM, Monday
through Saturday and closed on Sunday, which is consistent with the
hours of operation for other industrial uses in the area.
6. If the proposed use is later found to be a nuisance or negative
impacts occur, the Community Development Director may impose
additional conditions to eliminate the nuisance or negative impacts,
or may initiate the proceedings to revoke the Conditional Use
Permit.
G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of
the California Code of Regulations (Guidelines for the California
Environmental Quality Act).
II. The Zoning Administrator hereby approves Conditional Use Permit 07-018
authorizing a pet grooming and daycare facility located at 624-A South "B" Street,
subject to the conditions contained within Exhibit A, attached hereto.
Zoning Administrator Action 08-001
CUP 07-018
Page 3
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 4th day of February, 2008.
SCOTT REEKSTIN
ACTING ZONING ADMINISTRATOR
ELOISE HARRIS
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator
Secretary of the City of Tustin, California; that Zoning Administrator Action 08-001 was
duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 4th day of February, 2008.
ELOISE HARRIS
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 08-001
CONDITIONAL USE PERMIT 07-018
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped February 4, 2008, 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 plans during plan check 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 Approval of Conditional Use Permit 07-018 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) 1.4 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) 1.5 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.
(1) 1.6 As a condition of approval of Conditional Use Permit 07-018, the applicant
shall agree, at is sole costs 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
50URCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Conditions of Approval
Exhibit A
CUP 07-018
Page 2
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) 1.7 Conditional Use Permit 07-018 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.
USE RESTRICTIONS
(***) 2.1 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 one a daily or more frequent basis as necessary
and dispose of waste per the guidelines set forth from the Tustin Water
District.
(1) 2.2 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(1) 2.3 All animals shall be kept within an enclosed, air conditioned, sound-proof
structure. The building shall be designed so that no odors or loud sounds
will be discernable outside of the building.
(1) 2.4 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 all times.
***) 2.5 The facility must remain as a pet grooming and pet daycare use. The
business hours shall be limited to 7:00 AM to 7:00 PM, Monday through
Saturday and closed on Sunday.
The type of services, business hours, number of rooms, floor plan, or
number of employees shall not be modified without written approval of the
Community Development Department.
(1) 2.6 The customer entrance door shall remain unlocked during business hours.
Two (2) exits from the tenant space shall be maintained clear and
unobstructed at all times, with all doors kept closed at all times.
Conditions of Approval
Exhibit A
CUP 07-018
Page 3
(1) 2.7 Business operations shall be conducted in a manner that does not create a
public or private nuisance. If in the future the City determines that the use
is found to be a nuisance or negative impacts occur, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate the proceedings to revoke
the Conditional Use Permit.
(1) 2.8 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.
BUILDING
(1) 3.1 At the time of building permit application, the plans shall comply with the
applicable State and the City Tustin adopted Codes
(1) 3.2 At the time of plan submittal, the applicant must provide:
A. Seven (7) sets of plans including building, electrical, mechanical,
and plumbing plans.
B. Two sets of structural calculations (when applicable).
f C. Two sets of Title 24 energy calculations for outdoor lighting (when
~_ apPlicable).
(1) 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 Building Code Appendix Chapter 29 Table 29-A as per type of
group, occupancy, or as approved by the Building Official.
(1) 3.4 Prior to permit issuance, clearances from the following may be required:
Orange County Health Department, Orange County Fire Authority, South
Coast Air Quality Management District, and the State Department of
Occupational Safety and Health.
(1) 3.5 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.
(1) 3.6 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.
Conditions of Approval
Exhibit A
CUP 07-018
Page 4
At least 50 percent of the construction debris shall be diverted from the
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 of permits. 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. For any questions or concerns, please contact Joe
Meyers, Administrative Service Manager at (714) 573-3173. (City
Ordinance 1281)
PUBLIC WORKS
(1) 4.1 In compliance with the diversion, planning and reporting requirements
contained in the City Code Section 4327, the contractor is required to
salvage and recycle at least 50 percen# of all construction related waste.
The contractor shall submit a Waste Management Plan identifying the
amount and types of waste created by the project and compliance with
this diversion requirement in a form approved by the City and obtain
approval from the public Works prior to the issuance of a Notice to
Proceed.
(1) 4.2 The Waste Management Plan shall demonstrate recovery and recycling of
at least 50 percent of the total waste generated by the project and shall
consist of the following components:
a. An estimate of the total amount of waste to be generated for the
entire duration of the project.
b. An estimate of the total amount of recyclable materials generated
by the project, identified by recyclable material type.
c. Identification of recyclable material processing methods and
facilities which will be utilized to achieve the 50 percent recycling
requirements.
FEES
(1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
a. Building and Planning Plan Check and Permit Fees
b. Orange County Fire Authority Fees
(1,5) 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to
enable the City to file the appropriate environmental documentation for the
project. If within such forty-eight (48) hour period the applicant has not
delivered to the Community Development Department the above-noted
Conditions of Approval
Exhibit A
CUP 07-018
£'
Page 5
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.