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HomeMy WebLinkAboutZAA 14-004ZONING 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 fled 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 facade 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 UD 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 facade 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 UD 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. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ELIZABETH A. BINSACK ZONING ADMINISTRATOR 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.