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HomeMy WebLinkAboutZAA 2012-006 DOG GROOMING 3065 EL CAMINO REALZONING ADMINISTRATOR ACTION 2012 -006 CONDITIONAL USE PERMIT 2012 -16 3065 EDINGER AVENUE 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 Jennifer Allen Cervantes requesting authorization to establish a dog grooming and boarding facility located at 3065 Edinger Avenue. B. The site is designated as Planned Community /Business by the City General Plan and is zoned Planned Community Industrial (PC -IND) and subject to the Jamboree Plaza Planned Community District regulations, which provides for light industrial, warehouse, office and automotive 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 industrial, office complex, and automotive related uses. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012 -16 on December 19, 2012, 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 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. 2. The proposed dog grooming, daycare and boarding facility will be located in an existing industrial building and that building modifications will be interior tenant improvements. 3. 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. Zoning Administrator Action 2012-006 CUP 2012-16 Page 2 4. 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. 5. 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. 6. The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 7. 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 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). [I. The Zoning Administrator hereby approves Conditional Use Permit 2012-16 authorizing a dog grooming, daycare and boarding facility located at 3065 Edinger Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 19th day of December 2012. A ELIZABETH A. BI SACK ZONING ADMINISTRATOR ADRIANNE DILEVA RECORDING SECRETARY Zoning Administrator Action 2012-006 CUP 2012-16 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Adrianne DiLeva, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 2012-006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19th day of December, 2012. ADRIANNE DILEVA RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 2012 -006 CONDITIONAL USE PERMIT 2012 -16 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 19, 2012, 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 2012 -16 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 2012 -16, 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 2012 -16 Page 2 (1) 1.6 Conditional Use Permit 2012 -16 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. 2012 -006, 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. (1) 2.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code, and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 2.2 Truncated domes and accessible parking signage shall be required where the accessible parking is adjacent to the building entrance in accordance with the California Building Code. USE RESTRICTIONS ( * * *) 3.1 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 waste 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) 3.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 3.3 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) 3.4 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. (1) 3.5 The facility must remain as a dog grooming, daycare and boarding use. 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 2012-16 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) 3.6 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) 4.1 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.