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.