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HomeMy WebLinkAboutZA Action 09-011ZONING ADMINISTRATOR ACTION 09-011 CONDITIONAL USE PERMIT 09-006 14712 FRANKLIN AVENUE, UNITS M AND J 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 Carrie Hyde requesting authorization to establish a pet grooming and pet daycare facility located at 14712 Franklin Avenue, Units M and J. B. The site is designated as Planned Community/Business by the City General Plan and is zoned Planned Community Industrial (PC-IND), 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 one-story industrial and office complex. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 09-006 on November 23, 2009, 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: By Resolution No. 4069, 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 Community Industrial (PC-IND) Zoning District and thereby authorized subject to approval of a conditional use permit. 2. The proposed pet grooming, daycare and boarding 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. Zoning Administrator Action 09-011 CUP 09-006 Page 2 4. The applicant has occupied the project site and operated the pet grooming business since 2002 and no negative impacts have been reported or observed. 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 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 Community Industrial (PC-IND) 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 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. The parking requirement for pet grooming is less than the number of allocated parking spaces for the tenant space; therefore, the existing parking spaces provided can accommodate the proposed use. 5. The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 6. The proposed business hours are 7:00 AM to 6:00 PM, Monday through Saturday and closed on Sunday, with the exception of being open on Sundays before major holidays which is consistent with the hours of operation for other industrial uses in the area. 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 09-006 authorizing a pet grooming, daycare and boarding facility located at 14712 Franklin Avenue, Units M and J, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 09-011 CUP 09-006 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 23rd day of November, 2009. DANA OGDON ACTING ZONING AD INISTRATOR ~~------ FLOR WILLIAMS RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Flor Williams, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 09-011 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23rd day of November, 2009. ~, (~,~ce-.-~ FLOR WILLIAMS RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 09-011 CONDITIONAL USE PERMIT 09-006 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 23, 2009, 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 Approval of Conditional Use Permit 09-006 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) 1.3 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.4 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) 1.5 As a condition of approval of Conditional Use Permit 09-006, 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 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval Exhibit A CUP 09-006 Page 2 (1) 1.6 Conditional Use Permit 09-006 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 Zoning Administrator Action No. 09-011, 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. USE RESTRICTIONS (***) 2.1 All animals shall be cared for 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 Irvine Ranch 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 will be discernable outside of the building. Exterior doors shall remain closed at all times except as needed for ingress and egress. (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, daycare and boarding use. The regular business hours shall be limited to 7:00 AM to 6:00 PM, Monday through Saturday and closed on Sunday, with the exception of being open on Sundays before major holidays. The type of services, business hours, number of rooms, floor plan, or number of employees may be modified with written approval of the modification from the Community Development Director. (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. (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 Conditions of Approval Exhibit A CUP 09-006 Page 3 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. FEES (1,5) 3.1 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 the 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.