HomeMy WebLinkAboutZA AGENDA REPORT ZAA 16-001AGENDA REPORT
ITEM #1
MEETING DATE: MAY 2, 2016
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2015-32
APPLICANT: DEENA LEONG
11 FOREST HILL
IRVINE, CA 92602
PROPERTY AMUSEMENT INDUSTRY, INC.
OWNER: 520 W. WILLOW STREET
LONG BEACH, CA 90806
LOCATION: 14051 NEWPORT AVENUE
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: PLANNED COMMUNITY COMMERCIAL (PC COM)
ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
STATUS: PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO OPERATE AN ANIMAL CLINIC (SMALL ANIMALS) IN
UNITS A2 & B ON PROPERTY LOCATED AT 14051 NEWPORT
AVENUE (TUSTIN FREEWAY CENTER).
14051 Newport Avenue (Tustin Freeway Center)
Zoning Administrator
May 2, 2016
CUP 2015-32
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 16-001 approving
Conditional Use Permit (CUP) 2015-32 to operate an animal clinic in a 2,730 sq. ft. tenant
space located at 14051 Newport Avenue, Units A2 & B.
APPROVAL AUTHORITY
Pursuant to Planning Commission Resolutions 2731 and 4002, uses allowed in the project
site shall substantially conform to those uses authorized in the C-1 and C-2 Zoning, and
further that all uses which require a CUP as listed in the C-2 Zoning District also require a
CUP. An animal clinic is a conditionally permitted use in the C-2 zoning district.
Section 9299b(3)(f) of the Tustin City Code (TCC) gives the Zoning Administrator the
authority to hear and decide on a Minor CUP for an existing development where there
would be no change of primary use, there would be no expansion of floor area, and the
request would not alter the original intent of the project or site.
BACKGROUND
Location
The project site is located in an existing commercial center located at the southwest corner
of Newport Avenue and the Santa Ana Freeway known as Tustin Freeway Center. The
property is zoned Planned Community Commercial (PC COM) and subject to the Tustin
Freeway Center Planned Community District regulations set forth in Planning Commission
Resolutions 2731 and 4002. In addition, the property is designated as Planned
Community Commercial/Business by the General Plan Land Use Map
The property immediately to the south is also a commercial center and has the same
zoning of PC COM (Planned Community Commercial). Properties located southwest of
the site are PCMF R3 (Planned Community Multi Family Residential District) and are
developed with residential uses. To the north of the site is the Santa Ana Freeway; to the
east, across Newport Avenue, are an auto repair facility and two (2) drive-thru restaurants
zoned C-1 (Retail Commercial District). To the west, across B Street, is a mobile home
park zoned MHP (Mobile Home Park).
Zoning Administrator
May 2, 2016
CUP 2015-32
Page 3
Aerial Photo
DISCUSSION
The site is the Phase 1 development of the Freeway Center and currently developed
with a commercial center consisting of two (2) main buildings and a third drive-thru
restaurant building. The proposed animal clinic would be located in Building B, in the
center of the site. The site is currently improved with three (3) commercial/retail
buildings, one of which is a drive-thru restaurant. The proposed use would occupy a
2,730 sq. ft. tenant space and does not propose an expansion of floor area.
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Site Plan
Zoning Administrator
May 2, 2016
CUP 2015-32
Page 4
The type of uses allowed in the commercial development per Planning Commission
Resolution 2731 (CUP 89-47 and Design Review 89-68) and 4002 (modification of CUP
98-47), include those uses that substantially conform to the uses authorized in the C-1 and
C-2 Zoning Districts. An animal clinic is a conditionally permitted use in the C-2 zone and
is not specifically excluded in Resolutions 2731 or 4002.
The applicant has applied for an approval to operate an animal clinic which would
include medical, surgical, dental, diagnostic, and acupuncture services for dogs and
cats, and pet grooming and pet -related products for retail sale. The applicant proposes
interior modifications which include a lobby and reception area, examination and
treatment rooms, pharmacy and lab, an intensive care area, isolation areas, dog runs,
dog and cat boarding, and a staff lounge. Overnight animal boarding would be for clinic
patients only; no general boarding is proposed. (See proposed floor plan). The
applicant indicates treatment of animals would be limited to pet dogs and cats.
The applicant intends to employ two (2) support staff members. and eventually plans to
add two (2) to three (3) full time veterinarians as the business grows. Overnight staffing
is not proposed.
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Zoning Administrator
May 2, 2016
CUP 2015-32
Page 5
All clinic activities will take place inside the tenant space and clinic staff will periodically
check the outside sidewalks and landscaped areas to ensure that pet waste or other
debris left by clients' pets are removed. The proposed business hours are as follows:
Day
Business Hours
Monday, Tuesday, Thursday & Friday
8:00 a.m. — 6:00 p.m.
Wednesday & Saturday
8:00 a.m. — 1:00 p.m.
Sunday
Closed
Staff recommends a condition of approval to allow the business to operate between the
hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday to provide flexibility in
operating hours and to eliminate the need for additional review in the event the
applicant wishes to expand business hours.
Noise and Odor
TCC Section 9271 h requires all animals to be kept in an enclosed, air conditioned
soundproof structure and that the clinic be designed so that no odors will be discernible
beyond the property lines of the parcel on which it is located. Floor plans reflect that the
applicant has noise attenuation measures, including sound proofed walls around the
kennel area. As conditioned, exterior doors are required to remain closed to minimize
odor and noise impacts to surrounding tenants.
Based on other similar uses in the City and conditions proposed for the project, no noise
or odor impacts are anticipated. The adjacent uses are a dental office and sign
company, and a drive-through restaurant is located across the parking' lot from the
proposed use.
Parking
Planning Commission Resolution 2731 requires one (1) parking space per 250 square
feet of general showroom/general retail space, which is consistent with the required
parking for the proposed animal clinic under TCC Section 9263 Table 1. The proposed
animal clinic use requires eleven (11) parking spaces based on the ratio of one (1)
parking space for every 250 sq. ft. of gross floor area, up to 4,000 sq. ft. The proposed
clinic would not exceed 4,000 sq. ft.
The onsite uses, including the proposed animal clinic, would require a total of 148 onsite
parking spaces; according to the parking analysis provided by the applicant, and verified
by staff, 151 parking spaces are provided and therefore adequate for the existing and
proposes uses.
The Public Works Department reviewed the proposed use and had no concerns
regarding traffic generated by the proposed use.
Zoning Administrator
May 2, 2016
CUP 2015-32
Page 6
FINDINGS
In determining whether to approve the CUP for the proposed animal clinic located at
14051 Newport Avenue, the Zoning Administrator must determine whether or not the
proposed use will be detrimental to the health, safety, morals, comfort, and general
welfare of the persons residing in or working in the neighborhood or whether it will be
injurious or detrimental to property or improvements in the vicinity or to the welfare of the
City. A decision to approve this request as conditioned may be supported by the
following findings:
1. The proposed use would be located within an existing commercial development
where there would be no primary change of use, no expansion of floor area, and
the request would not alter the original intent of the project or site.
2. 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 Tustin Freeway Center.
3. The proposed use, as conditioned, 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 sick and injured pets and promote the health and
hygiene of animals within the community.
4. The parking requirement for an animal clinic is consistent with the requirement
for other uses within Tustin Freeway Center; the Tustin Freeway Center has
adequate parking to accommodate the existing and proposed uses.
5. The project would be conditioned to comply with the Tustin Noise Ordinance.
6. The proposed business hours are 8:00 AM to 6:00 PM, Monday through Saturday
and closed on Sunday, which is consistent with the hours of operation for other
uses in the area.
Staff recommends that the Zoning Administrator adopt. ZA Action No. 16-001 approving
CUP 2015-32 to establish an animal clinic located within a 2,037 sq. ft. tenant space at
14051 Newport Avenue, Units A2 and B, in the Tustin Freeway Center.
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Elaine Dove
Senior Planner
Zoning Administrator
May 2, 2016
CUP 2015-32
Page 7
Attachments: A. Location Map & Land Use Fact Sheet
B. Submitted Plans
C. Zoning Administrator Action No. 16-001
ATTACHMENT A
Location Map
And
Land Use Fact Sheet
LOCATION MAP
14051 Newport Avenue
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2015-32
2. LOCATION: SOUTHWEST CORNER OF NEWPORT AVENUE AND 1-5 (SANTA ANA) FREEWAY
3. ADDRESS: 14051 NEWPORT AVENUE
4. LOT: TRACT 12273, LOT 1. APN: 401-371-32;402-371-35; 402-371-38
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
ZONE CHANGE 87-2; CUP 89-47; DESIGN REVIEW 89-68; DESIGN REVIEW 03-026; CUP 04-
025.
7. SURROUNDING LAND USES:
NORTH: 1-5 (SANTA ANA) FREEWAY SOUTH: VARIETY OF COMMERCIAL USES
EAST: AUTO REPAIR AND DRIVE-THRU RESTAURANTS
WEST: MOBILE HOME PARK
8. SURROUNDING ZONING DESIGNATION:
NORTH: NO LOCAL ZONING DESIGNATION - 1-5 (SANTA ANA) FREEWAY
SOUTH: PLANNED COMMUNITY COMMERCIAL (PC COM), RETAIL COMMERCIAL DISTRICT
(C-1) AND PLANNED COMMUNITY MULTIFAMILY RESIDENTIAL DISTRICT (PCMF R3)
EAST: RETAIL COMMERCIAL DISTRICT (C-1)
WEST: MOBILE HOME PARK (MHP)
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: NO LOCAL GENERAL PLAN DESIGNATION -1-5 (SANTA ANA) FREEWAY
SOUTH: COMMUNITY COMMERCIAL AND HIGH DENSITY RESIDENTIAL
EAST: COMMUNITY COMMERCIAL
WEST: MOBILE HOME PARK
10. SITE LAND USE:
A. EXISTING: COMMERCIAL RETAIL CENTER PROPOSED: SAME
B. GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS:
PROPOSED: SAME
C. ZONING: PLANNED COMMUNITY COMMERCIAL (PC COM) PROPOSED: SAME
DEVELOPMENT FACTS:
NO DEVELOPMENT PROPOSED
11. LOT AREA: 56,584 S.F.
12. PARKING: REQUIRED: 143
1.298 ACRES
EXISTING: 151
ATTACHMENT B
Submitted Plans
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TUSTIN FREEWAY CENTER
SITE PLAN
DATE:
07-01-08
ADDRESS:
14051-14061 NEWPORT AVE.
TUSTIN, CA 92780
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Presentation Floor Plan
ATTACHMENT C
Zoning Administrator Action No. 16-001
ZONING ADMINISTRATOR ACTION 16-001
CONDITIONAL USE PERMIT 2015-32
14051 NEWPORT AVENUE
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 Deena Leong requesting authorization to
establish an animal clinic located at 14051 Newport Avenue, Units A2 and
B.
B. The site is designated as Planned Community/Business by the City
General Plan and is zoned Planned Community Commercial (PC -COM)
and subject to the Tustin Freeway Center regulations, which provides for a
retail center. 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 retail center.
D. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 2015-32 on May 2, 2016, 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. The proposed use would be located within an existing development
where there would be no primary change of use, no expansion of
floor area, and the request would not alter the original intent of the
project or site.
2. 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 Tustin
Freeway Center
3. 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 sick and injured pets and
promote the health and hygiene of animals within the community.
Zoning Administrator Action 16-001
CUP 2015-32
Page 2 ,
4. The parking requirement for an animal clinic is consistent with the
requirement for other uses within Tustin Freeway Center and the
Tustin Freeway Center has adequate parking to accommodate the
existing and proposed uses.
5. The project would be conditioned to comply with the Tustin Noise
Ordinance and General Plan Noise Element.
6. The proposed business hours are 8:00 AM to 6:00 PM, Monday
through Saturday and closed on Sunday, which is consistent with
the hours of operation for other uses in the area.
F. 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 2015-32
authorizing an animal clinic located at 14051 Newport 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 2nd day of May, 2016.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
RECORDING SECRETARY
Zoning Administrator Action 16-001
CUP 2015-32
Page 3
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
16-001 was duly passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 2nd day of May, 2016.
VERA TISCARENO
RECORDING SECRETARY
EXHIBIT A
ZONING ADMINISTRATOR ACTION 16-001
CONDITIONAL USE PERMIT 2015-32
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped May 2, 2016, 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
(TCC).
(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 and associated fee is received by
the Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit (CUP) 2015-32 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 TCC Section 1162(a).
(1) 1.6 CUP 2015-32 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
CUP 2015-32, 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
CUP.
Conditions of Approval
Exhibit A
CUP 2015-32
Page 2
(1) 1.7 As a condition of approval of CUP 2015-32, 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.
USE RESTRICTIONS
(1) 2.1 Veterinary care shall be limited to dogs, cats, and small animals and
pets.
(*) 2.2 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.
[*} 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.
(*) 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 an animal clinic use including medical,
dentistry, surgery, diagnostics, acupuncture and hospitalization with pet
grooming and pet -related retail use. Business operations shall be
conducted in a manner that does not create a public or private
nuisance.
'Conditions of Approval
Exhibit A
CUP 2015-32
Page 3
(*) 2.6 The number of overnight patients that may be boarded in the clinic
overnight shall ,not exceed the number of kennel facilities within the
clinic as approved on plans submitted herewith. Any changes to the
animal clinic facilities and/or operation of the clinic shall be approved by
the Community Development Department prior to implementation.
(*) 2.7 All biohazard and sharps waste shall be stored inside the enclosed
building, in accordance with appropriate regulatory standards, as set by
the Orange County Fire Authority, Health Care Agency, and Integrated
Waste Management Department, for disposal by a firm specializing in
the handling of biohazardous, sharps, and medical wastes.
(*) 2.8 The applicant shall obtain, abide by, and maintain an active Radioactive
Materials License from appropriate regulatory agencies for the proposed
location. All radioactive materials shall be stored and disposed of in
accordance with Federal, State, and local requirements and licensing.
(*) 2.9 The clinic hours of operation shaft be as follows unless prior
authorization is provided by the Community Development Director:
Monday through Saturday 8:00 a.m. to 6:00 p.m.
Sunday Closed
(*) 2.10 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(1) 2.11 The project shall comply with the Tustin Noise Ordinance and General
Plan Noise Element.
PUBLIC WORKS DEPARTMENT
(*)
3.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP):
At plan check, the applicant/contractor is required to submit a WRRP to
the Public Works Department. The WRRP must indicate how the
applicant will comply with the City's requirement (TCC Section 4351, et
al) to recycle at least 50 percent of the project waste material or the
amount required by the California Green Building Standards Code
Conditions of Approval
Exhibit A
CUP 2015-32
Page 4
3.2 The applicant will be required to submit a fifty -dollar ($50.00) application
fee and a cash security deposit. Based on the review of the submitted
Waste Management Plan, the cash security deposit will be determined
by the Public Works Department in the following amounts:
Multi-family/Commercial: All multi -family and commercial projects
shall submit a security deposit in the amount of five (5) percent of
the project's valuation as determined by the Building Official,
rounded to the nearest thousand, or $2,500, whichever is greater.
In no event shall a deposit exceed $25,000.
3.2 Prior to issuance of a building permit, 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".
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.