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HomeMy WebLinkAboutZA Action 08-001ZONING 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: I. 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 neighbofiood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighbofiood of the subject property, or to the general welfare of the City of Tustin in that: 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 Califomia Code of Regulations (Guidelines for the Califomia 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. ~(M.~o ELOISE RIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SCOTT REEKSTIN ACTING ZONING ADMINISTRATOR 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. ~.t-i.-, ELOIS ARRIS 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (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). 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 percent 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.