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. IVIL-;t kr-1 erWss—lleima oapila7 Ovnr.tr Dr Dress Leess6 Owner Ma4>.m i .714 -5r -?Y OWnrr Addrrta II forest Hill [ruble CA 92002Deted I2/10%I5(rev3/lb/lb) [1:11 ' J�t}kl�t -Ir i;� r� r" 4�K., Ibin r.;.a..wwsrw.r I •run 6m orrrycle tvn a[ orli.rrg awl ,rrhurrC ie thea Sprweieaurrl M•� -trF '"k1 -M1111116-411 :w. as� CU Sr, KC.f�• Y. =71.1,0 04.00*, 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. 471.4 7==== iFegiSE �.e.M14k 141wrr rim., go Floor Plan ZUSUJN CARE ANIMAL HOSPITAL YV1iIN, CA4IPORMA 1011/144PNP:Mat/an hear ;Nan Proposed Floor Plan 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. r 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 W� WESTLAND INDUSTRIES ar g;,;,!:=? PROJECT: TUSTIN FREEWAY CENTER SITE PLAN DATE: 07-01-08 ADDRESS: 14051-14061 NEWPORT AVE. TUSTIN, CA 92780 SCALE: 1" =75' NSC 70Mandatena iaL All dawn dvwflenb and dab prepared Null remah It. properly nr redeVenatto CanSrtclgn Inc and Wadi wad ch ge or cle nsed m any ludo 1550 WILLMAR AVENUE S E re"`''0e"a Condi-dation Inc m reylonube ler any aMmaaOr or amadas MOLNAR MINNESOTA 562+:1 anyone pend, man amlmyeean+rerunrnna 320.2351 64 PAR 32V2?53!3 `�'�a"�anInc BITlaI IIiwIIwanc. cGm o Ten/Maeda Construction ma Floor Plan TUSTIN CARE ANIMAL HOSPITAL Pres -1 3/16" = 1'-U" y� , t 0' 4 8' 16' 32' TUSTIN, CALIFORNIA 2016/1/26 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.