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HomeMy WebLinkAbout01 CUP 2017-22 DOMESTIC CAT BOARDING DAYCARE FACILITY . AGENDA REPORT ITEM #1 MEETING DATE: JANUARY 8, 2018 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2017-22 APPLICANT: PROPERTY OWNER: SEAN AND SHANA MARTIN PLAZA LAFAYETTE INVESTORS 1044 E. CHESTNUT AVENUE C/O REMARC MANAGEMENT, INC. ORANGE, CA 92867 24800 CHRISANTA DRIVE, SUITE 130 MISSION VIEJO, CA 92691 LOCATION: 13031 NEWPORT AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AND OPERATE A DOMESTIC CAT BOARDING/DAYCARE FACILITY R tint/ Y"��tb�fF , tw 1 R n .t �Y 13031 Newport Ave. Zoning Administrator January 8, 2018 CUP 2017-22 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 18-001 approving Conditional Use Permit (CUP) 2017-22 to operate a domestic cat boarding/daycare facility within an existing tenant space located at 13031 Newport Avenue. APPROVAL AUTHORITY An animal kennel/daycare is conditionally permitted pursuant to Use Determination (ZAA 16-002) issued on May 16, 2017 by the Director of Community Development pursuant to Tustin City Code (TCC) Section 9298(b). Certain CUP requests as stated in TCC Section 9299 (b)(3)(f), including Minor CUPs for existing development 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 project or site shall be considered by the Zoning Administrator. BACKGROUND Site and Surrounding Properties The project site is located in an existing large commercial/retail development located at. Newport Avenue Irvine Boulevard, also known as Plaza Lafayette. The property is zoned Retail Commercial General (C-2) and is subject to the development standards contained within the C-2 zone within the TCC. In addition, the property is designated as Community Commercial (CC) within the General Plan Land Use Map. .t r �F V Aerial Photo Zoning Administrator January 8, 2018 CUP 2017-22 Page 3 Plaza Lafayette is bounded by Newport Avenue to the east, Irvine Boulevard to the south, a retail and office complex to the west, and an apartment complex located outside of the City boundary to the north. DISCUSSION Project Description The applicant has applied for an approval to operate a luxury domestic cat board ing/daycare facility. The site is currently improved with a retail/commercial center consisting of four (4) separate buildings. The proposed tenant space is located immediately above the Banc of California toward the center of Plaza Lafayette (See Site Plan, Figure 1). The second floor currently contains 4,100 square feet and is proposed to be subdivided into two tenant spaces through tenant improvements by the property owner. The applicant's space would consist of 1,440 square feet (See Proposed Floor Plan, Figure 2). EXE IBIT'A' .J11 : iw rttlp l r I'M arca+ ^• LL'h`L n 1911 �4 •tlo S � � � S � � mi am IM 30 � r�vn 4� • s" L= K= • / r O� 13031 Newport I f' Project Site I - �, l�atl - taos: r:=.pore P.venee Tust1A, fA 82fi93 pEM'VE9 Figure 1 Site Plan Zoning Administrator January 8, 2018 CUP 2017-22 Page 4 Conditional Use Permit The proposed tenant will be Club Cat, whose goal is to provide a service to cat owners by offering an alternative to traditional kenneling and provide an "upscale home away from home" for cats that focuses on providing a "loving, spacious, comfortable, safe, low stress, and clean environment while their owners are away". Club Cat will also provide a small retail space within the lobby which will sell grooming supplies, toys, clothes, gift items and other cat-related items. Club Cat would provide twenty (20) "suites" that would house up to forty (40) cats at any given time. There would be a maximum of two (2) employees per shift. The applicant indicates that it will take the following actions to maintain cleanliness and prevent odors: • Clean litter boxes twice per day • Replace litter every other day • Use air purifiers and air conditioning to maintain clean air • Use non-toxic, eco-friendly, veterinarian grade cleaning solvents • Wash bedding and feeding dishes daily All activities will take place inside the tenant space. Domestic cats would be delivered to the Cat Club via a pet carrier to avoid concerns about pet waste or any other debris. The proposed business hours are as follows: Day Business Hours Monday- 7:00 a.m. — 9:00 p.m. Sunda Typically, the business will not be open to the public on Sunday; however, the applicant indicates that a staff member will be present during morning and evening hours to care for cats that are boarded overnight and to take in the occasional cat that may arrive on a Sunday for boarding. As proposed, the cats would be boarded in enclosed suites with same-family cats if there are multiple cats in a given suite. The cats would be secured within their suites overnight. Web cameras will be placed within each suite and owners will have twenty-four (24)-hour access to the camera for their cat's suite. The applicant indicates that in addition to this monitored security, they will also have fire and temperature control alarms so that they are notified immediately if there are any issues. Emergency contact information will be provided to owners so that they can reach the business twenty-four (24) hours per day if they view anything on the web camera that causes them concern. In addition, the business will have emergency contact for the cat's veterinarian as well as maintain a relationship with a back-up veterinarian in case of emergency. The business will be divided up into the main lobby for check-in/out and retail items, an employee room with a washing machine, dishwasher, refrigerator and storage, and three rooms devoted to cat "suites" as indicated in the proposed floor-plan, below. The Zoning Administrator January 8, 2018 CUP 2017-22 Page 5 total tenant space will be 1,440 square feet and will be created by subdividing the current 4,100 square-foot second floor of the building. 36- 15''1` 3'b' 3 6' 1(Y 4' 3 61 11'i' 1. A cy, Boarding Boat g 3 6* T: LT 1111. 3 6' 3,r oa rdin g 3 6' r [Employee Room F'i R&CM El // M Figure 2 Proposed Floor Plan Parking Pursuant to the TCC Section 9263 Table 1 , the kennels and animal boarding uses require three (3) parking spaces based on the ratio of one (1) parking space for every 500 square feet of gross floor area. The tenant space is located within Plaza Lafayette, a large retail center of 46,888 square feet. TCC Section 9263, Table 1 , requires 4.5 spaces per 1 ,000 square feet for a large retail center, or a total of 211 spaces. The center has 229 spaces and will adequately provide parking for all uses, including the proposed domestic cat overnight board ing/dayca re use. The Public Works Department reviewed the project and had no concerns regarding traffic generated by the proposed use. Zoning Administrator January 8, 2018 CUP 2017-22 Page 6 Noise Based on other similar uses in the City and conditions proposed for the project, the proposed use is not expected to violate the City's Noise Ordinance. As conditioned, exterior doors are required to remain closed to minimize odor and noise impacts to surrounding tenants and all animals shall be kept within an enclosed, air conditioned, soundproof structure. FINDINGS In determining whether to approve the CUP for the proposed domestic cat overnight boarding/day care business at 13031 Newport Avenue, the Zoning Administrator must consider 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 which is encapsulated in the following findings: 1. The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within an existing commercial building. The number of clients, hours or operation, and type of business are consistent with other businesses within the center. 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 domestic cats when their owners require boarding or daycare and promote the well-being of these 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, daily, which is consistent with the hours of operation for other uses in the area. 5. As conditioned, the proposed domestic cat overnight boardingldaycare 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, other than drop off and pick up, confine operations to inside the building. 6. 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. Zoning Administrator January 8, 2018 CUP 2017-22 Page 7 7. The project proposes interior tenant improvements only and will not have an impact on the center's exterior. 8. The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No. 18-001 approving Conditional Use Permit (CUP) 2017-22 to establish a domestic cat overnight boarding/daycare facility, located within an existing tenant space at 13031 Newport Avenue in Plaza Lafayette. Elaine Dove, AICP, RLA Senior Planner Attachments; A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Inspirational Photographs D. Zoning Administrator Action No. 18-001 ATTACHMENT A Location Map & Land Use Fact Sheet FT- xm 4 _. , may. } cry cc., �y QJY7 brMr 300-foot radius 500-foot radius (NTS) INTS) n • �. I •* � E La vdarArr; ww y •• ! 'l7 yf I I �AlrlraraA �•'"� � - ., w E )II, c� ry iM1 •y� Z a f. l4nua•� •. r r. Location Map 13030 Newport Avenue LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2017-22 2. LOCATION: 13031 Newport Avenue. (13011-13051 Newport Avenue) 3. LOT: BLOCK: TRACT: Legal Description: See Attached 4. APN(S):401-221-16 (13,086 SF), 401-221-25(113,753 SF), 401-271-46 (14,370 SF),401-281- 10(43,560 SF) 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 95-01 9/Variance 95-011: Microbrewery and Reduction of Parking (327 to 241 spaces): CUP 00-016: Onsite Beer&Wine sale/consumption (Tustin Brewing Co.) CUP 03-005: (Reso 3867) Ceramics Retail Store w/Accessory Painting Classes/Parties CUP 03-014 (Reso 3882) Veterinary Clinic CUP 04-021: (Reso 3930) Amendment to Sign Program CUP 05-040 (Reso 4012) Birthday Party Business CUP 06-021 (ZAA 06-009- Pet Store CUP 08-016: (ZAA 08-009)- Massage CUP 10-010 (ZAA 10-011 -- ABC in conjunction w/Restaurant(Lost Bean) DR 10-020 Wireless facility—light post replacement UD 2011-001 (Art Studio allowed in C2 zone) 6. SURROUNDING LAND USES: NORTH: Residential SOUTH (Acrass Irvine Blvd.):Commercial Office Building EAST: Commercial Center WEST: Commercial Center and Office Buildings 7. SURROUNDING ZONING DESIGNATION: NORTH: City Boundary 1 Multi-family Residential SOUTH: C-1 (Retail Commercial District) EAST: Across Newport Avenue: C-1 (Retail Commercial District) WEST: PR(Professional District), 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Not Applicable SOUTH: Community Commercial (CC) EAST: (Community Commercial (CC) WEST: Professional Office (PO) 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Retail Commercial (C-2) No Change General Plan: Community Commercial (CC) No Change DEVELOPMENT FACTS: 10. LOT AREA: 184,769 S.F. or 4.24 ACRES 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED NIA PROPOSED 12. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED 13. OPEN SPACE: NIA REQUIRED NIA PROPOSED 14. PARKING: 229 on-site spaces NIA PROPOSED not including Vacant Restaurant Space-42 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED 16. BUILDING SETBACKS: NIA(Existing) NIA(Existing) 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY_ ZONES, EASEMENTS, ETC.) . -NIA(Existing) r ATTACHMENT B Submitted Plans • - - - . a Pff7 9rlZ ova 1,08D W - �-•+ o�2�31 � 1205 1,08D 5 twi+�v2 office /d••f In LZYSL OFF1C8 _ • - 3011 Bldg. w r lip r. a w a s �. 1Q2L S1 JAInew'o A4yy ® 8112 et•JL] r L 13 ►200 , 1135 :a55Z fk -Trr P . am . , SF , r - i [ 13011 - 13051 Newport Avenue Tustin, CA 92680 RECEIVED EauinjE-,emrfd -NOV X 3 2017 ' COM INITY DEV�LQPMENT Y 19VI1�fE � IN3Wd0l3A3(l kLINnwwo:) dOZ 8-1 AON ............. .................. ........................ ...... . ............. . ...........IV ri i ........ —4 J ... ............ ......... gag" ..............t..........f-:............. ............. Q I/J. i a '- u_t a= J UJ,, IL d o{ Q LU LL O O O C' r W •�.R. V �] C CE i' C CC . 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LIT -in [nn in E �a ;i 3'6'21'E6L3'6' -- ia i RECEIVED NOV 13 2017 COMMUNITY DEVELOPMENT BY: isle: o�,.i=9: emf•«nonvr+..: faldyatEe P]aza IXri ge.pez!AvaCA ,iwiln veesiem 1. eW6 mL S_ilactia Scald 20/ A a I a,d tea--eta Gas fes,f� V� l/a-:i'o- io/ls/soir �—4'4" 51�,.1„ 17'7" i0 iD iD m W u>�e 19 c7 i7 M 6' 4-4- 5'0" L5O- 510 5' Deluwa Sul - �, eluxa Soli 6'g 1 r.,,,1.. m 36" 5'0" 1 fu'1Y' - 3 6• e) `a d Im L U 3'6" 21'6"—_3+ Merchandise Racks G'6"--- 15'1" • g amnd Surae Rem eratw u� in 3'6" 6" F3'6' and and and end lands �� ��r � Suns Sung Sun+ cD co co too to Suite c Zn L16' � `' I 3'6' 3-6- 3'6" \ '6 � ar � Wastin0 15nik� O Irlactdne _ f`� P,� P � 4'10* lord tandard land Sone Suite Sone u] in in %-, cni7 io i, F, in el o O 3'6" 3'6' 3'6'21'6' __ _3.6•_ T 6" , M1 M RECENED �( NOV 13 2017 COMMUNITY DEVELOPMENT BY: ATTACHMENT C' Inspirational Photographs Club Cat Suites & Balconies Omni �h- B �a j_ F; M { Club Cat Suites and Play Areas 1 kL f r 3 1 03�[ti Qb � qz� 4�► rpt -�,' ATTACHMENT D Zoning Administrator Action No. 18-009 ZONING ADMINISTRATOR ACTION 18-001 CONDITIONAL USE PERMIT 2017-22 13031 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 for a Conditional Use Permit (CUP) was filed by Sean and Shana Martin requesting authorization to establish a domestic cat overnight boarding and daycare facility located at 13031 Newport Avenue. B. The site is designated as Community Commercial by the City General Plan and is zoned Retail Commercial (C-2), 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 large commercial/retail center(46,888 square feet) that is comprised of four separate buildings. D. That pursuant to Use Determination (UD) 2016-001 (Zoning Administrator Action (ZAA) 16-002) issued May 16, 2017, an animal kennel/daycare use is determined to be 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. As a conditionally permitted use, the effect upon traffic, public health, safety and general welfare of the neighborhood involved is to be considered on a case by case basis. E. CUP requests as stated in Section 9299 (b)(3)(f), including Minor CUPs for existing development 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 project or site, shall be considered by the Zoning Administrator. F. That a public hearing was duly called, noticed, and held for CUP 2017-22 on January 8, 2018, by the Zoning Administrator. G. 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 Zoning Administrator Action 18-001 CUP 2017-22 Page 2 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 an existing commercial building. The number of clients, hours or operation, and type of business are consistent with other businesses within the center. 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 domestic cats while their owners require day care or boarding and promote the well-being 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, daily, which is consistent with the hours of operation for other uses in the area. 5. As conditioned, the proposed domestic cat overnight boardingldaycare 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 operations to inside the building. 6. 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. 7. The project proposes interior tenant improvements only and will not have an impact on the center's exterior. 8. The Tustin Police Department and Public Works Department have reviewed the application and have no immediate concerns. H. This project is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning ,Administrator hereby approves Zoning Administrator Action No. 18- 001 approving CUP 2017-22 to establish a domestic cat overnight Zoning Administrator Action 18-001 CUP 2017-22 . Page 3 boardingldaycare facility, located within an existing tenant space at 13031 Newport Avenue in Lafayette Plaza. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 8th day of January, 2018. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO 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 18-001 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8th day of January, 2018. VERA TISCARENO EXECUTIVE ASSISTANT EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL CUP 2017-22 13031 NEWPORT AVENUE GENERAL r (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2018, 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 prior, to issuance of building permits, 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 Conditional Use Permit 2017-22 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). (1) 1.6 Conditional. Use Permit 2017-22 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 2017-22, 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.. Conditions of Approval Exhibit A CUP 2017-22 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2017-22, 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. (1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin City Code. USE'RESTRICTIONS (1) 2.1 All cats shall be boarded 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. (1) 2.2 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 the building. Exterior doors shall remain closed at all times, except as needed for ingress and egress. (1) 2.3 Prior to final occupancy, applicant shall provide after-hours emergency contact information for business owners and/or other responsible party to the Community Development Director. (1) 2.4 The facility must remain a cat overnight boarding and 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 proceedings to revoke the Conditional .Use Permit. (1) 2.5 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 traffid engineer and perform or install interim and permanent mitigation measures. Conditions of Approval Exhibit A CUP 2017-22 Page 3 (1) 2.6 The number of overnight cats that may be boarded overnight shall not exceed the number of kennel facilities as approved on plans submitted herewith. Any changes to the facilities and/or operation of the facility shall be approved by the Community Development Department-prior to implementation. (1) 2.7 The business owner shall properly remove cat waste on a daily or more frequent basis as necessary and dispose of waste so that no odors will be discernible beyond the tenant space in which the cat boarding/daycare use is located. Exterior doors shall remain closed at all times except as needed for ingress and egress. (1) 2.8 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 2.9 All permits required by 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) 2.10 The applicant shall develop and maintain a drop-off 1 pick-up policy, which shall be provided to customers prior to starting services. Prior to project final, the applicant shall submit the drop-off 1 pick-up policy to the Community Development Department for review and approval. The drop off/pick up service provided by the applicant shall not block parking spaces or disrupt the smooth flow of traffic through the commercial center parking lot. (1) 2.11 Hours of operation open to the public shall be restricted to the following: Monday through Sunday 7:00 AM to 9:00 PM (1) 2.12 All activities are required to comply with the City of Tustin Noise Ordinance. (1) 2.13 All on-site signs, including permanent and temporary signs/banners, shall comply with the Lafayette Plaza Sign Program and City of Tustin Sign Code. PLAN SUBMITTAL (1) 3.1 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. Conditions of Approval Exhibit A CUP 2017-22 Page 4 (1) 3.2 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 65 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 review of the submitted Waste Recycling and Reduction 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". 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.