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HomeMy WebLinkAboutZAA 05-024 ZONING ADMINISTRATOR ACTION 05-024 CONDITIONAL USE PERMIT 05-039 301 EL CAMINO REAL The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. B. C. D. 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 ot Tustin General Plan. A public hearing was duly called, noticed, and held tor 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 ot 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 tor 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. ~d~ ELOISE HARRIS RECORDING SECRETARY ~~~~,k E ZABETH A. BINSACK . ZONING ADMINISTRATOR 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, ç;:ea=ecember, 2005 ELOISE HA RIS RECORDING SECRETARY GENERAL (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 1.1 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 CODEtS (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.