HomeMy WebLinkAboutZAA 16-002ZONING ADMINISTRATOR ACTION 16-002 USE DETERMINATION 2016-001 CONDITIONAL USE PERMIT 2016-005 DESIGN REVIEW 2016-008 13942 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Susie Tashiro requesting authorization to establish an all -in -one pet care facility that includes an animal clinic, pet grooming and animal kennel/daycare located at 13942 Newport Avenue. B. The site is designated as Community Commercial by the City General Plan and is zoned Commercial General (CG), which provides for the orderly development of commercial areas through a wide variety of goods and services that are compatible with surrounding uses. The project is consistent with the Air Quality Sub -element of the City of Tustin General Plan. C. The site is currently improved with an existing commercial/retail center that is comprised of three, separate buildings. D. That a public hearing was duly called, noticed, and held for Use Determination 2016-001/Conditional Use Permit 2016-005/Design Review 2016-008 on May 16, 2016, by the Zoning Administrator. E. That a use determination has been made for the animal kennel/daycare use in accordance with Section 9298 of the Tustin City Code (TCC) in that: 1. An animal kennel/daycare use is a commercial use similar to other commercial uses related to animals such as animal hospitals or clinics and pet shops which are conditionally permitted within the Retail Commercial (C1), Central Commercial (C2) and Commercial General (CG) zoning districts. However, commercial animal uses may have negative impacts such as animal waste, noise and odor if not maintained properly. Determining animal kennel/daycare as a conditionally permitted use would allow conditions to be placed to alleviate potential concerns related to the use. 2. That the determination of animal kennel/daycare as a conditionally permitted use would be consistent with the TCC, which conditionally permits animal hospitals or clinics and pet Zoning Administrator Action 16-002 UD 2016-001/CUP 2016-005/DR 2016-008 Page 2 shops within the Retail Commercial (C1), Central Commercial (C2) and Commercial General (CG) zoning districts. 3. As a conditionally permitted use, the effect upon traffic, public health, safety and general welfare of the neighborhood involved will be considered on a case by case basis. F. 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, 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 Commercial General (CC) zoning district. 2. The proposed use would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed business would care for pets while the pet owners are at work and promote the health and hygiene of animals within the community. 3. The project would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 4. The proposed business hours are 7:00 AM to 9:00 PM, Monday through Sunday, which is consistent with the hours of operation for other uses in the area. 5. As conditioned, the proposed animal kennel/daycare would have minimal impact to the immediate and surrounding area in that the facility 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. 6. 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. Zoning Administrator Action 16-002 UD 2016-001/CUP 2016-005/DR 2016-008 Page 3 7. The proposed animal clinic, pet grooming and animal kennel/daycare facility will be located in an existing commercial building and that building modifications will include both interior and exterior tenant improvements. 8. The proposed project is an all -in -one pet facility that will include an animal clinic, pet grooming and animal kennel/daycare within an existing building. The applicant is proposing tenant improvements to the interior and exterior of the building, but no additional square footage; therefore no additional parking is required. The required parking for the proposed use can be accommodated on the subject site and as a result, there would be negligible impact to the other existing commercial uses or the existing residential uses in the immediate vicinity. 9. The Tustin Police ,Department has reviewed the application and has no immediate concerns. G. That the necessary facts relative to the required Design Review for the proposed facade modifications have been considered in 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. As a result, the Zoning Administrator finds as follows: 1. Height and bulk of buildings: The proposed exterior modifications to Building "A" will correspond with the existing architectural style and will not alter the current building height. As proposed, the modifications to the facade will be compatible with the existing facade as well as the architectural style of the adjacent buildings on the subject site. 2. Exterior materials and colors: The proposed exterior materials and colors are consistent in design and earth tone in color which is compatible with the existing architecture on the building. 3. Size and spacing of windows, doors and other openings: As proposed, the project includes the removal and replacement of some of the existing window and door openings on the Red Hill building elevation. The removal of specific windows, door openings and base tile that surrounds these openings is related to the interior tenant improvement and remodel. The new windows, doorways and base tile that will be installed will be compatible with the existing exterior facade in color and materials. Zoning Administrator Action 16-002 UD 2016-001/CUP 2016-005/DR 2016-008 Page 4 4. Landscaping, parking area design and traffic circulation: The project will include the installation of new landscaping surrounding the exterior of Building "A" and the project has been conditioned to include the submittal of a landscape plan in conjunction with the building remodel. 5. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed project includes the remodel of the interior of an existing building and modifications to the existing facade. There are no new structures proposed as part of the project and therefore the physical relationship would not change. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed facade is consistent with the existing architecture of the shopping center. 7. Proposed signing: The applicant has not proposed any signage in conjunction with the tenant improvement and exterior modifications. The project has been conditioned to include the submittal of sign plans for review and approval by the Community Development Department and that all signage will comply with the TCC and Master Sign Plan design requirements. 8. Development Guidelines and criteria as adopted by the City Council: Overall, the proposal for facade modifications is similar in design to the existing structure and overall center, and is therefore 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 Use Determination 2016- 001/Conditional Use Permit 2016-005/Design Review 2016-008 authorizing a dog grooming, daycare and boarding facility located at 13942 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. Zoning Administrator Action 16-002 UD 2016-001/CUP 2016-005/DR 2016-008 Page 5 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 16th day of May 2016. ErZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISC EXECUTIVE ASSISTANT 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 16-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 16th day of May, 2016. EXECUTIVE ASSISTANT EXHIBIT A ZONING ADMINISTRATOR ACTION 16-002 USE DETERMINATION 2016-001 CONDITIONAL USE PERMIT 2016-005 DESIGN REVIEW 2016-008 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 16, 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 Approval of Conditional Use Permit (CUP) 2016-005/Design Review (DR) 2016-008/Use Determination (UD) 2016-001 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.4 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice,` hearing, and appeal process as established by the City Council by ordinance. (1) 1.5 As a condition of approval of CUP 2016-005/DR 2016-008/UD 2016-001, the applicant shall agree, at is sole costs and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (6) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Conditions of Approval Exhibit A UD 2016-001/CUP 2016-005/DR 2016-008 Page 2 any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 CUP 2016-005 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Zoning Administrator Action No. 16-002, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. PLAN SUBMITTAL (1) 2.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2013 California Building Standards Code, and 2013 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 2.2 Truncated domes and accessible parking signage shall be required where the accessible parking is adjacent to the building entrance in accordance with the California Building Code. (1) 2.3 Two (2) complying exits from the building shall provide a complying accessible path of travel to the public way or a complying safe dispersal area. Ramps from rear of building shall be turned around and slope toward the northwest and the southeast. An egress path of travel shall not cross a property line into the adjoining alley. This revision shall be made on the architectural plans submittal. USE RESTRICTIONS (1) 3.1 Veterinary care shall be limited to dogs, cats, and small animals and pets. (***) 3.2 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 City's Water Quality Management requirement. (1) 3.3 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Conditions of Approval Exhibit A UD 2016-001/CUP 2016-0051DR 2016-008 Page 3 (1) 3.4 All animals shall be kept within an enclosed, air conditioned, sound -proof structure. The building shall be designed so that no odors will be discernable outside of the building. Exterior doors shall remain closed at all times except as needed for ingress and egress. (1) 3.5 All necessary permits of the Orange County Control Division of the Health Care Agency shall be obtained and all requirements for maintaining sanitary conditions and proper disposal of animal waste shall be adhered to at all times. (1) 3.6 The facility must remain as an animal clinic, pet grooming and animal kennel/daycare facility. Business operations shall be conducted in a manner that does not create a public or private nuisance. If in the future the City determines that the use is found to be a nuisance or negative impacts occur, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate the proceedings to revoke the Conditional Use Permit. (1) 3.7 If a noise or parking problem is observed by a representative of the City, the applicant shall submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures. (1) 3.8 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. (1) 3.9 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. (1) (1) 3.10 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. 3.11 The hours of operation shall be as follows unless prior authorization is provided by the Community Development Director: Monday through Sunday 7:00 a.m. to 9:00 p.m. Conditions of Approval Exhibit A UD 2016-001/CUP 2016-005/DR 2016-008 Page 4 PUBLIC WORKS DEPARTMENT (1) 4.1 All trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. The applicant shall remove and reconstruct the trash enclosure to meet current City of Tustin Community Development Department Trash Enclosure Standard. (1) 4.2 Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Prior to issuance of a Building Permit, the applicant shall remove and reconstruct the existing driveway apron on El Camino Real to meet current ADA requirements. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 4.3 Prior to any work in the public right-of-way, an n Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.4 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (1) 4.5 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District for sewer service connections, if necessary. (1) 4.6 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 4.7 A landscape plan shall be submitted for plan check in conjunction with the proposed building remodel. Said plan shall include the total square footage of the area to be landscaped and list of plants proposed. Planting shall be inviting and complimentary to the building and include a drought tolerant plant palette. Conditions of Approval Exhibit A UD 2016-0011CUP 2016-005/DR 2016-008 Page 5 (1) 4.8 All signage for the approved use shall comply with the sign standards specified in the TCC and shall be subject to review and approval by the Community Development Department. (1) 4.9 Customers shall use the front entrance of the building facing El Camino Real so as to minimize any negative affects to the neighboring residential area. (2) 4.10 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. 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% of the project waste material or the amount required by the California Green Building Standards Code. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. All 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. C. Prior to issuance of any 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 (1,5) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.