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HomeMy WebLinkAboutZA AGENDA CUP 2014-05 PET STORE USE - 6-30-14QTY O �A AGENDA REPORT MEETING DATE: JUNE 30, 2014 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #2 SUBJECT: USE DETERMINATION 2014 -01, CONDITIONAL USE PERMIT 2014 -05 AND DESIGN REVIEW 2014 -004 APPLICANT: PROPERTY OWNER: KEITH GLASSMAN TUSTIN HEIGHTS S.C. LP. GPA INC. C/O KIMCO REALTY CORP. 1309 POST AVENUE 23 MAUCALY TORRANCE, CA 90501 IRVINE, CA 92618 LOCATION: 1192 IRVINE BLVD. GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: RETAIL COMMERCIAL (Cl) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A USE DETERMINATION TO ALLOW FOR PET STORE USE WITHIN THE RETAIL COMMERCIAL (Cl) ZONING DISTRICT, AUTHORIZE A PET STORE WITHIN AN EXISTING 11,550 SQUARE FEET TENANT SPACE AND APPROVE AN EXTERIOR FACADE MODIFICATION. Zoning Administrator June 30, 2014 LID 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 2 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 14 -004 approving Use Determination 2014 -01 determining that a pet store use is similar to other conditionally permitted uses within the Retail Commercial (Cl) zoning district and approve Conditional Use Permit 2014 -05 and Design Review 2014 -004 to establish a pet store with facade modifications, located in an existing 11,550 square -foot tenant space at 1192 Irvine Blvd. APPROVAL AUTHORITY: The C1 zoning district currently does not list pet store as a permitted or conditionally permitted use. Pursuant to Tustin City Code (TCC) Sections 9232a and 9232b, a use not listed within the C1 Code Section may be determined by the Community Development Director to be similar to other permitted and /or conditionally permitted uses. TCC Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for minor conditional use permits where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the site. TCC Section 9272b authorizes the Community Development Director to review and approve the design of construction projects through a Design Review application prior to issuance of building permits. BACKGROUND: The project site is located within the Retail Commercial (Cl) Zoning District. The General Plan Land Use Element designation is Community Commercial, which allows for retail, professional office and service - oriented business activities. The project site is located in an existing vacant tenant space once occupied by a children's consignment store within the Tustin Heights Shopping Center. The Tustin Heights Shopping Center has a variety of businesses and serves as a neighborhood commercial center, where the residents and general public can eat, shop and fulfill day -to -day errands. The immediate surrounding uses include the Ralphs grocery store to the west, a vacant tenant space to the east, a residential development to the south and commercial uses to the north. Other uses in the Tustin Heights Shopping Center include restaurants, dance and martial arts studios, dentist office, arts and crafts store and a dry cleaner (Figure 1). PROJECT DESCRIPTION: There is an existing Petco store located within the City at 13942 Newport Avenue. The existing store would be relocated to the subject project site on Irvine Blvd. The proposed pet store is primarily a retail store. The proposed Petco store would sell food, toys, grooming supplies, bedding, litter, carriers, collars, leashes and small pets such as hamsters, fish, rabbits and small reptiles. The pet store would also provide Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 3 ancillary services such as pet grooming, dog training, pet adoption events, pet ownership workshops and the occasional veterinary vaccination events. No overnight kennel would be provided. Business Hours The proposed business hours are Monday to Saturday 9:00 AM to 9:00 PM, and Sunday 10:00 AM to 8:00 PM. These hours are the current business hours for the existing Petco store. Typically, adoption events would be scheduled on weekend afternoons and dog training lessons would be provided on Monday afternoons and evenings. Proposed Tenant Improvement The applicant proposes to modify the existing tenant space to accommodate the new store, including areas for sales, pet grooming and a new exterior fagade. No additional building square footage is proposed. Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 4 The fagade modification involves creating an approximately twelve -inch architectural pop -out over the store entrance and increasing the height of this section of the parapet by five (5) feet (Figure 2). The applicant has also incorporated columns under the building overhang. ISO riqure z: . . I' tievation is ;.... i Proposed Columns Proposed Fagade ate. o c 0 O«O e. rn••�•ic smm rams �M [.SUNG . 10 R IL(lID uO xMOw.PF swam Historically, the subject tenant space has had two (2) separate tenant spaces, under addresses 1192 and 1142/1152 Irvine Blvd. The proposed store would combine the existing suites into one (1) 11,550 square foot tenant space and include areas for sales, pet grooming, storage, restrooms and an office (Figure 3). 0� Historically, the subject tenant space has had two (2) separate tenant spaces, under addresses 1192 and 1142/1152 Irvine Blvd. The proposed store would combine the existing suites into one (1) 11,550 square foot tenant space and include areas for sales, pet grooming, storage, restrooms and an office (Figure 3). Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 5 Figure 3: Proposed Floor Plan O C) C<J O FAST. LdIAMi N NLL1m1i RNMI! PJ4 MJG 4& — - A ® dQ 1 TV $q I nl ,aw,�xl j I i *- ,t•p'I I n .fZ® ti 3 I I n n I I I n A 1_1k, I I I I I I ANALYSIS: Use Determination The proposed project site is located within the C1 Zoning District where retail and service retail uses are allowed. A pet store use is a commercial use similar to other retail and service uses, such as retail store for dry goods, household goods and groceries that are permitted within the C1 Zoning District. However, there are typical concerns regarding pet stores such as cleanliness, animal waste, odor, noise and that negative impacts may occur as a result of improper disposal of animal waste, barking and unabated odors. While a pet store /shop is not a listed use within the C1 Zoning District, pet stores /shops are conditionally permitted within the C2 and CG Zoning Districts. As a conditionally permitted use, the City may impose certain restrictions and requirements that would minimize or eliminate any potential negative impacts arising from the use. Therefore, it is recommended that the Zoning Administrator determine pet stores /shops as conditionally permitted uses within the C1 Zoning District. Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 6 Conditional Use Permit The existing Petco store location, on the northeast corner of Newport Avenue and El Camino Real, is also in a commercial center with restaurants and service retail uses though at a smaller scale. The proposed Petco store would operate much like how it operates at its current location on Newport Avenue where customers shop for pet supplies and the occasional fish or small pet, have their pet groomed, or attend dog training classes. The proposed ancillary services such as grooming, training, adoption events, workshops and vaccinations would occur during the proposed business hours and located inside the building. The City has no active code enforcement case related to the existing Petco store; therefore no potential issues are anticipated with the new location at the Tustin Heights shopping center. There is a residential community to the southwest (rear) of the tenant space. Store customers and their pets would use the front entrance on the north side of the building, and little to no impact on the residents to the south is anticipated. The rear of the tenant space faces the residential development will involve only deliveries of store supplies and inventory. As conditioned, the Petco store would be a compatible and appropriate use within the Tustin Heights Shopping Center. Parking The pet store use is a retail use and is consistent with the previous use at the subject tenant space, which was a children's consignment store. The proposed tenant improvements do not include adding square footage to the tenant space, and therefore no additional parking spaces are required. Design Review The proposed fagade modification, including a pop -out, new columns and increased parapet height, would create a greater visual presence and is a minor change in the elevation in that the basic architectural treatments, such as the columns, stucco and cornice patterns are maintained (Figure 2). The Petco tenant space is smaller than the existing anchor tenants in the center such as Ralphs Grocery and Michael's Arts & Crafts. These larger anchor tenants have architectural features such as covered walkways at the entrance, large columns, darker stucco color and arches, that make the stores visually stand out from the rest of the building. The proposed Petco store, although is not an anchor tenant, its proposed fagade modifications are appropriate in that they add visual interest to the building, yet do not inappropriately increase the building massing or detract from major anchor tenants. As proposed, the exterior modification is compatible with the existing fagade and the shopping center as a whole. Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 7 FINDINGS: In determining whether to approve the Use Determination, Conditional Use Permit and Design Review for a pet store use, the Zoning Administrator must determine whether or not the proposed project will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. A decision to approve this request may be supported by the following findings: 1. A pet store use is a commercial retail use similar to other retail and service uses that are permitted within the Retail Commercial (C1) zoning district, such as retail store for dry goods, household goods, groceries. However, pet stores may have negative impacts such as animal waste, noise and odor if not maintained properly. Determining pet store as a conditionally permitted use would allow conditions to be placed to alleviate potential concerns related to pet stores. 2. That the determination of pet stores as conditionally permitted use would be consistent with the Tustin City Code, which conditionally permits pet stores within the Central Commercial (C2) and Commercial General (CG) zoning districts. 3. As conditioned, the proposed pet store would have minimal impact to the immediate and surrounding area in that the store is required to promptly and appropriately dispose of any animal waste, comply with the Tustin Noise Ordinance, maintain clean exterior and interior areas and confine store operations to inside the building. 4. As conditioned, customers will use the front entrance only; therefore no impact to the adjacent residential uses to the rear of the tenant space is anticipated. 5. That the project is a retail use and no additional square footage is proposed; therefore no additional parking is required. 6. The Tustin Police Department has reviewed the application and has no immediate concerns. In determining whether to approve the Design Review for the proposed fagade modifications, the Zoning Administrator must consider that the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Zoning Administrator has considered at least the following items: 1. Height and bulk of buildings: The proposed height of the parapet extension matches the existing height of the adjacent tenant spaces and therefore compatible with the existing architecture. Zoning Administrator June 30, 2014 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 8 2. Exterior materials and colors: The proposed exterior materials and colors are consistent in design and earth tone in color, to be compatible with the existing architecture. 3. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed fagade is consistent with the existing architecture of the shopping center. 4. Proposed signing: The proposed signing is in keeping with the pet stores corporate image and, as conditioned, will comply with the Tustin City Code and Master Sign Plan design requirements. 5. Development Guidelines and criteria as adopted by the City Council: Overall, the proposal for fagade modifications is similar in design to the existing structure and overall shopping center, and is consistent with the development guidelines and criteria adopted by the City Council. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 14 -004 approving Use Determination 2014 -01 to allow pet store use as a conditionally permitted use within the Retail Commercial (Cl) zoning district and approving Conditional Use Permit 2014 -05 and Design Review 2014 -004 to establish a pet store business and modify fagade of an existing tenant space located at 1192 Irvine Blvd. Edmelyn V. Huffer Senior Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Zoning Administrator Action 14 -004 ATTACHMENT A LOCATION MAP UD 2014 -01, CUP 2014 -05, DR 2014-004:1192 Irvine Blvd. _EIA1A � WY � � IAYF�YEttE "Rt 3' . U \ /RyiN� BtVD*. cwnnrno SNCPVINO � CENt EA �� PIC R: 'C JWE sounRe ,. n� °c t. �y< e�9 /C 4yH� Q ICI bR'9+w.WarsH0 f IH 51 5I. n C"m m / ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): LID 2014 -01, CUP 2014 -05, DR 2014 -004 2. LOCATION: 1192 Irvine Blvd. 3. LOT: 1 BLOCK: 12 TRACT: 361 4. APN(S): 500 - 102 -02 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98 -028 6. SURROUNDING LAND USES: NORTH: Commercial and Church SOUTH: Residential EAST: Residential and Office WEST: Commercial and Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Retail Commercial (C -1) and Public and Institutional (P &I) SOUTH: Planned Communitv Commercial (PC C). Planned Development (PD) and Sinqle Famil Residential (R1) EAST: Planned Communitv Professional (PC PR) and Sinole Familv Residential (131) WEST: Planned Community Commercial (PC C 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Community Commercial SOUTH: Community Commercial and High Density Residential EAST: Low Density Residential WEST: Community Commercial 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial Center No Change Zoning: Retail Commercial No Change General Plan: Community Commercial No Change DEVELOPMENT FACTS: 10. LOT AREA: 520.542 S.F. 11.95 ACRES 11. BUILDING LOT COVERAGE: N/A MAX. PERMITTED N/A PROPOSED 12. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED 13. OPEN SPACE: N/A REQUIRED N/A PROPOSED 14, PARKING: 1:250 SF REQUIRED N/A PROPOSED 15. BUILDING HEIGHT: 35 feet MAX. PERMITTED 23.5 feet PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 10 feet N/A SIDE: 10 feet N/A REAR: 0 feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A Forms: LandUseApplicationFactSheet ATTACHMENT C SUBMITTED PLANS wie •ram JNI'93tl019431tdM3 � � ��� � .MJ'NLL6fIL 'ryryINtl OJ13d �� Gt! gg� � 3nN3AV lHOdM3N ° 4 I R\\ \ \NKMA Lu O� c m�W i Wk N oa 7M's3lyWvow 9nli ifb e: 6 0 U O J/i v -Ni I I I ------ - -- -- -- - -- -`I rh t I I Ip — — — — — — — — — -- — — �-- -- -- - -- --- � o-- - - - - -- 4--- - -- --- — - — - — — b I I I 3 Y }tv i @ v ge 4 @gyp 7` p1 is�gg S so' 9� °y6 �tlesY�.r tl� ®vyA� z6 ®P @ tl tltl P P @i gav 8a yyP6 "s "sy 9,� � Y °v a Y1�Yp a �� pzg � � gy����tls tl ffiY:�� l fz�610 eoEtl PtlE i� b P P t: �9 �8�; 9g5 yY tl �4 @ptl �Etl?g�y'i- 7�b$$�g@ tltla"a a� a¢en'xuciu .-.a wlwwalnn �ONI'93tl013331idd�3 { .b'J'NLLSIll. TyyIIN��V 0�13tl 3 � @ y ry�N E1 i.I •49OCJ���..I �1� di 5 p _r A I I I Q I I I j I I I j I I I j - 1 -------- - - - - -- -- - -- - - - - - - - - - -I- - 'I I e b e] sPl -... a...DID ai -1� Jl lrl aj-,11 s.11 -D 'S�y6v6�5 q a i-- - -- -. � ------ .— .— . —. -- -- � l I !4 S — � I! ; IMP Pap 3 gP y e58� �� 5 :1 �. —. R IF 1p 1 1141, 1 Ml 5 U YJ'N�LL9�fIL NII' mm15N5�31ldJfla ; e a .' A � ONJ�VL.1 Pi6; i9 0 f � R I ' h 4 i rrr � O i _., II �S9 .Y�'NLL611L �NI43tl0199311dtl04 S N a R 107 a. ATTACHMENT D ZA ACTION 14 -004 ZONING ADMINISTRATOR ACTION 14 -004 USE DETERMINATION 2014 -01 CONDITIONAL USE PERMIT 2014 -05 DESIGN REVIEW 2014 -004 1192 IRVINE BLVD. The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Use Determination (UD) 2014 -01, Conditional Use Permit (CUP) 2014 -05 and Design Review (DR) 2014 -004 was filed by Keith Glassman, GPA Inc., on behalf of Petco, requesting approval for a use determination for pet store use within the Retail Commercial (C1) zoning district, approval to establish a pet store within an existing 11,550 square feet tenant space and approval to modify the existing fagade located at 1192 Irvine Blvd. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. The site is designated as Community Commercial by the City's General Plan and is located within the Retail Commercial (Cl) zoning district. The project is consistent with the Air Quality Sub - element of the City's General Plan. C. That pursuant to Sections 9232a and 9232b, a pet store use is not listed within the C1 Code Section and may be determined by the Community Development Director as a use similar to other permitted and /or conditionally permitted uses. D. That pursuant to Section 9299b(3)(0 the Zoning Administrator is authorized to review and approve applications for minor conditional use permits where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the site. E. That a public hearing was duly called, noticed, and held for LID 2014 -01, CUP 2014 -05 and DR 2014 -004 on June 30, 2014, by the Zoning Administrator. F. That the establishment, maintenance, and operation of pet store 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 in that: 1. A pet store use is a commercial retail use similar to other retail and service uses that are permitted within the Retail Commercial (C1) zoning district, such as retail store for dry goods, household goods, groceries. However, pet stores may have negative impacts such as animal waste, noise and odor if not maintained properly. Determining Zoning Administrator Action 14 -004 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 2 pet store as a conditionally permitted use would allow conditions to be placed to alleviate potential concerns related to pet uses. 2. That the determination of pet stores as conditionally permitted use would be consistent with the Tustin City Code, which conditionally permits pet stores within the Central Commercial (C2) and Commercial General (CG) zoning districts. 3. As conditioned, the proposed pet store would have minimal impact to the immediate and surrounding area in that the store is required to promptly and appropriately dispose of any animal waste, comply with the Tustin Noise Ordinance, maintain clean exterior and interior areas and confine store operations to inside the building. 4. As conditioned, customers will use the front entrance only; therefore no impact to the adjacent residential uses to the rear of the tenant space is anticipated. 5. That the project is a retail use and no additional square footage is proposed; therefore no additional parking is required. 6. The Tustin Police Department has reviewed the application and has no immediate concerns. G. Pursuant to Section 9272c of the Tustin City Code, the Zoning Administrator finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: 1. Height and bulk of building: The proposed height of the parapet extension matches the existing height of the adjacent tenant spaces and therefore is compatible with the existing architecture. 2. Exterior materials and color: The proposed exterior materials and colors are consistent in design and earth tone in color, and compatible with the existing architecture. 3. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfare: The proposed fagade is consistent with the existing architecture of the shopping center. 4. Proposed signing: The proposed signing is in keeping with the pet store's corporate image and, as conditioned, will comply with the Tustin City Code and Master Sign Plan design requirements. Zoning Administrator Action 14 -004 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 Page 3 5. Development Guidelines and criteria as adopted by the City Council: Overall, the proposal for fagade modifications is similar in design to the existing structure and overall shopping center, and is consistent with the development guidelines and criteria adopted by the City Council. H. 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 LID 2014 -01, CUP 2014 -05 and DR 2014- 004, conditionally permitting pet store use within the Retail Commercial zoning district, authorizing a pet store to be established within an existing building and approving a fagade remodel at the tenant space located at 1192 Irvine Blvd., 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 30th day of June, 2014. ELIZABETH A. BINSACK ZONING ADMINISTRATOR \�\ \ ao , - e A - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 14 -004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 30th day of June, 2014. EXHIBIT A ZONING ADMINISTRATOR ACTION 14 -004 USE DETERMINATION 2014 -01 CONDITIONAL USE PERMIT 2014 -04 DESIGN REVIEW 2014 -004 1192 IRVINE BLVD. GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 30, 2014, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 Approval of Use Determination 2014 -01, Conditional Use Permit 2014 -05 and Design Review 2014 -004 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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 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 Zoning Administrator Action 14 -004 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 — Exhibit A June 30, 2014 Page 2 (1) 1.6 Conditional Use Permit 2014 -05 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2014 -05, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.7 As a condition of approval of Use Determination 2014 -01, Conditional Use Permit 2014 -05 and Design Review 2014 -004, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. PLAN SUBMITTAL (1) 2.1 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a) The applicant/contractor may be required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b) The applicant may be required to submit a fifty - dollar ($50.00) application fee and a cash security deposit. Based on the Zoning Administrator Action 14 -004 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 — Exhibit A June 30, 2014 Page 3 review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. c) Prior to issuance of a permit, if WRRP is required, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". USE RESTRICTIONS (1) 3.1 Business operations shall not cause or lead the animals to defecate outside the premises. The business owner shall remove animal waste on a daily or more frequent basis as necessary. (1) 3.2 All necessary permits of the Orange County Animal 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) 3.3 Periodic ancillary veterinary vaccination services may be provided. No other veterinary services shall be provided unless authorized by the Community Development Department. (1) 3.4 All activities are required to take place inside the building and to comply with the City of Tustin Noise Ordinance. * ** 3.5 All activities and customers shall use the front entrance only, except for the delivery of store supplies and inventory. (1) 3.6 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) 3.7 All on -site signs, including permanent and temporary signs /banners, shall comply with the City of Tustin Sign Code and applicable Master Sign Plan. (1) 3.8 All animals shall be kept within an enclosed, air conditioned, structure. The building shall be designed so that no odors will be discernible outside of the building. Exterior doors shall remain closed at all times except as needed for ingress and egress. Zoning Administrator Action 14 -004 UD 2014 -01, CUP 2014 -05 and DR 2014 -004 —Exhibit A June 30, 2014 Page 4 * ** 3.9 No kennel service shall be provided unless approved by the Community Development Director. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building and Planning plan check and permit fees (1,5) 4.2 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 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.