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HomeMy WebLinkAboutZAA 18-001 ZONING ADMINISTRATOR ACTION 18-001 l CONDITIONAL USE PERMIT 2017-22 13031 NEWPORT AVENUE, SUITE 200B The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: i A. A proper application for a Conditional Use Permit (CUP) was filed by Sean and Shana Martin requesting authorization to establish a domestic cat 1 overnight boarding and daycare facility located at 13031 Newport Avenue. i 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 (Cl), 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, i F. That a public hearing was duly called, noticed, and held for CUP 2017-22 on January 8, 2018, by the Zoning Administrator. i 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 boarding/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 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. i 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). i H. 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 boarding/daycare 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. BASACK ZONING ADMINISTRATOR EXECUTIVE ASSISTANT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 18-0101 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 8th day of January, 2018. VERA TI ScAkb& EXECUTIVE ASSISTANT EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL CUP 2017-22 13031 NEWPORT AVENUE, SUITE 200B GENERAL 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. i (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.. I 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 $ The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, i 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. E 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 i applicant shall submit a study prepared by a professional noise or traffic 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. i (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 / 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 I 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. i 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 j 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. i I