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HomeMy WebLinkAboutCUP 05-039 Inter-Com DECEMBER 19, 2005 ZONING ADMINISTRATOR DATE: TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 05-039 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: COLLY VAN DYKEN EL CAMINO PET GROOMING 621 SOUTH B STREET TUSTIN, CA 92780 PHILIPPE IZSAK 20530 VISTA DE ORO PLACE WOODLAND HILLS, CA 91364 301 EL CAMINO REAL, UNIT B CENTRAL COMMERCIAL, COMBINING PARKING DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH PET GROOMING SERVICES RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 05-024 approving Conditional Use Permit 05-039 thereby allowing pet grooming services in an existing commercial center at 301 EI Camino Real, Unit B. BACKGROUND The applicant currently operates a pet grooming business in an industrial complex at 621 South B Street, Unit A, which is approved by Conditional Use Permit (CUP) 90-24. The commercial center (Old Town Plaza) where the applicant is proposing to lease space is located in the Central Commercial Zoning District that has a Combining Parking and Zoning Administrator Meeting December 19, 2005 CUP 05-039 Page 2 of 4 Cultural Resource Zoning District overlay. The center is designated as Old Town Commercial by the General Plan land Use Element. The tenant space faces Third Street and is located east of a restaurant in the center, west of a vacant parcel approved for mixed residentiaVcommercial uses (Prospect Village), south of a vacant lot, and north of rear parking lots serving commercial businesses that face onto EI Camino Real (Attachment A - location Map). Animal hospitals and pet stores are conditionally permitted uses in the Central Commercial Zoning District pursuant to Tustin City Code (TCC) Sections 9232b(l) and 9233c(0). The Community Development Director has determined that a pet grooming business has substantially similar use characteristics to pet stores and animal hospitals to enable the subject proposal to be processed as a conditional use permit. CUP 05- 039 may be heard before the Zoning Administrator because Tustin City Code Section 9299b(3)(e) authorizes the Zoning Administrator to consider Conditional Use Permits for existing developments where there would be no change of occupancy of primary use, no expansion of floor area, and the request would not alter the original intent of the project or site, none of which would occur for the subject request. PROJECT DESCRIPTION The site is currently improved with a 7,063 square foot commercial center and associated 24 space parking lot. The proposed use would occupy 1,114 square feet within tenant space B which is currently vacant and faces onto Third Street (Attachment B - Submitted Plans). Approximately 200 square feet of the tenant space would be utilized for ancillary sales and client reception. The sales/reception area would be separated from the dog grooming area with a full height partition wall to muffle noise from barking dogs, prevent barking and overexcitement in dogs that see or hear their owners before grooming is complete, and to reserve restroom use to employees only. The applicant has agreed to a condition requiring the partition wall between the reception and grooming and holding area to be removed when the business moves out of the tenant space thereby allowing the space to be more conducive to future retail tenant occupancy. The applicant has also agreed to a project condition requiring the existing tinted windows on the tenant space to be replaced with clear glass to create a more street/pedestrian-oriented appearance. The applicant is proposing grooming services exclusively to cats and dogs on Tuesdays through Saturdays between 7:00 a.m. and 5:30 p.m. Pursuant to Condition 2.4, no overnight boarding of animals is allowed and animal boarding has not been proposed by the applicant. The applicant estimates that 30 percent of the business's gross sales will come from retail sales of pet grooming products. As conditioned, the business operators would not be allowed to cause or lead the animals to defecate outside of the premises. Zoning Administrator Meeting December 19. 2005 CUP 05-039 Page 3 of 4 The business operators would be responsible for the removal of pet wastes on-site and in the adjacent public right-of-way on a daily or more frequent basis as necessary. The proposed pet grooming tenant space is behind and shares a common wall with a restaurant (The Black Sheep Bistro). Other uses in the center include a hair salon and a retail yarn store. All of the center tenants provided letters in support for the proposed pet grooming establishment. Parking A parking study was conducted for the subject commercial center in association with a request for outdoor seating under CUP 00-021. The shared parking analysis concluded that 28 spaces would provide sufficient capacity for the commercial center. Since 24 parking spaces were designed/currently exist for the site, the applicant entered into an agreement with the Redevelopment Agency to lease four (4) parking spaces in the Downtown Parking Structure to provide the required additional parking for the site. Condition 3.1 of CUP 00-021 requires the commercial center to maintain 4,550 square feet for Retail Use (which includes the subject tenant space) and a maximum of 56 seats for the restaurant. Condition 3.1 of CUP 00-021 may be modified by CUP 05-039 to substitute retail occupancy with grooming activities. Staff supports the substitution of the proposed pet grooming business for retail use of the tenant space because the parking requirements approved under CUP 90-24 for the applicant's existing pet grooming business at 621 South B Street allow pet grooming activity areas to maintain a parking ratio of one parking space for every 1,000 square feet and office areas to maintain a parking ratio of one parking space for every 250 square feet. Therefore, 150 square feet of sales/reception area and 964 of grooming/support area combined requires 1.56 parking spaces which is less than the 4.6 parking spaces that would otherwise be required for retail or office occupancy of the suite at a one parking space per 250 square feet ratio. Additionally, the Engineering Division has concluded that a pet grooming use would have a trip generation rate consistent with the assumed trip characteristics for the center and the use is not anticipated to result in any additional traffic impacts. In conclusion, the proposed pet grooming space has a parking intensity less than or equal to retail business occupancy of the subject tenant space. The existing parking analysis under CUP 00-021 is sufficient for the center with the pet grooming business. FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance, and operation of a pet grooming business will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to Zoning Administrator Meeting December 19, 2005 CUP 05-039 Page 4 of 4 the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: a. As conditioned, the use would be limited to pet grooming and retail sales activities. No overnight boarding would occur. b. The operational characteristics of the pet grooming business would be appropriate for the location in that the use maintains a retail component and brings customers into Old Town who may be encouraged to visit local shops while waiting for grooming services to be completed. As conditioned, the use would occur entirely within the existing building area. c. As conditioned, the days and hours of operation would be consistent with the operational characteristics of other businesses located within the immediate vicinity. d. The proposed use would not result in parking impacts as analyzed in the existing parking survey for the center and as determined by the Engineering Division. e. The proposed pet grooming facility will be inspected twice a year by the Orange County Animal Control Special Services section to assure compliance with licensing and sanitary conditions. ChC~~ Associate Planner Attachments: A. location Map B. Submitted Plans C. Zoning Administrator Action No. 05-024 S:\Cdd\ZAREPORT\2005\CUP 05-039.doc A TT ACHMENT A LOCATION MAP MAIN - 8 ii. f t [. f , ! I- i '60 ¡ " ATTACHMENT B SUBMITTED PLANS - - I ~ - ~ - \ \' - - - ~ - \ ~ - ~t \\ ~ - r ~ '" ~ Er ~ \\i ~ l (S ~ ~~ ç ~ I)i L ~ ~ ~ ~ l \Y ~ 1- ~ - .:: k- I ~~, ~ I !: ...... 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A proper application for Conditional Use Permit 05-039 was filed by Colly Van Dyken requesting authorization to establish a pet grooming business at 301 EI Camino Real. The General Plan Old Town Commercial land use designation provides for a variety of retail and service-oriented businesses, including pet grooming businesses. Additionally, the project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. A public hearing was duly called, noticed, and held for Conditional Use Permit 05-039 on December 19, 2005, by the Zoning Administrator. That the establishment, maintenance, and operation of a pet grooming business will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. As conditioned, the use would be limited to dog and cat grooming and retail sales activities. No overnight boarding of animals would occur. 2. The operational characteristics of the pet grooming business would be appropriate for the location in that the use maintains a retail component and brings customers into Old Town who may be encouraged to visit local shops while waiting for grooming services to be completed. As conditioned, the use would occur entirely within the existing building area. 3. As conditioned, the days and hours of operation would be consistent with the operational characteristics of other businesses located within the immediate vicinity. 4. The proposed use would not result in parking impacts as analyzed in the existing parking survey for the center and as determined by the Engineering Division. Zoning Administrator Action 05-024 December 19, 2005 Page 2 5. The proposed pet grooming facility will be inspected twice a year by the Orange County Animal Control Special Services section to assure compliance with licensing and sanitary conditions. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 05-039 authorizing a pet grooming business at 301 EI Camino Real, subject to the conditions attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 19th day of December, 2005. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 05-024 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 19th day of December, 2005. ELOISE HARRIS RECORDING SECRETARY GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A ZONING ADMINISTRATOR ACTION 05-024 CONDITIONAL USE PERMIT 05-039 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped December 19, 2005, 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. 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. Approval of Conditional Use Permit 05-039 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. . Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUilDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A ZA Action 05-022 Page 2 (1 ) (***) 1.7 1.6 As a condition of approval of Conditional Use Permit 05-039 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 defense of any such action under this condition. Conditional Use Permit 05-039 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. USE RESTRICTIONS (***) (***) (***) (***) (***) 2.1 2.2 2.3 2.4 2.5 BUILDING (1 ) 3.1 Prior to the issuance of any building permits or occupancy of the tenant space, the existing tinted windows on the tenant space shall to be replaced with clear glass. The partition wall between the reception area and grooming and holding shall be removed when the business moves out of the tenant space. Business operators may not cause or lead the animals to defecate outside of the premises. The business operators must remove pet wastes on-site and in the adjacent public right-of-way on a daily or more frequent basis as necessary. All grooming and related temporary housing of animals shall be performed within the interior of the building at all times. No overnight boarding of animals is permitted. All necessary permits of 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. The applicant shall obtain a building permit for all the tenant improvements. At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Exhibit A ZA Action 05-022 Page 3 (3) 3.2 FEES (1 ) 4.1 (2) 4.2 Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. The restroom shall be redesigned to be wheelchair accessible for the disabled. Prior to issuance of any permits, the applicant shall pay all applicable Building plan check and permit fees to the Community Development Department. 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 forty-three dollars ($43.00) 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.