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HomeMy WebLinkAboutZA ACTION 06-009 ZONING ADMINISTRATOR ACTION 06-009 CONDITIONAL USE PERMIT 06-021 13011 NEWPORT AVENUE, SUITE 112 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. A proper application was filed by Fish 2000 and Beyond Inc. requesting authorization to establish a pet store for selling fish, dogs, and their accessories within La Fayette Plaza located at 13011 Newport Avenue, Suite 112. B. The General Plan Community Commercial land use designation provides for a variety of commercial and service uses which serve the surrounding areas. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-021 on November 27, 2006, by the Zoning Administrator. D. That the establishment, maintenance, and operation of the proposed use is in compliance with Tustin City Code Section 9233 and 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: ,) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building. The number of proposed dogs and scope of operations for the proposed use can be supported by the proposed building and site design and would be compatible with other retail uses on the surrounding properties. b) The proposed pet stofe is similar in parking demand to other retail and service uses and can be accommodated by the existing number of parking spaces provided within the retail center. c) As conditioned, the applicant would Ileed to.' obtain authorization from the Community Developnient Department to expand the kennel area, provide pet grooming, or other related services. Zoning Administrator Action 06-009 CUP 06-021 Page 2 d) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the animals would be kept entirely within the building. All commercial uses are required to comply with Tustin noise standards. e) The proposed hours of operation are consistent and compatible with the hours of operation for other commercial uses in the area. E. 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 Conditional Use Permit 06-021 authorizing establishment of a pet store for selling dogs, fish and their accessories within a 2,100 square foot retail tenant space located at 13011 Newport Avenue, Suite 112, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 27th day of November, 2006. ~~ ELOISE ARRIS RECORDING SECRETARY b~ DANA OGDO ACTING ZONIN ADMINISTRATOR , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eloise Harris, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 06-009 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 27th day of November, 2006. ~i~ ELOISE RIS RECORDING SECRETARY EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-009 CONDITIONAL USE PERMIT 06-021 CONDITlONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 27, 2006, 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 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) 1.3 Approval of Conditional Use Permit 06-021 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 01 Approval" form. The lorms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 Any violation of any of the conditions imposed is subject to the payment 01 a civil penaity 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. (1) 1.5 Any violations 01 the Tustin City Codes or Conditions 01 Approval of this Conditional Use Permit, and the Orange County Health Care Agent may be considered grounds for the initiation 01 proceedings to revoke the Conditional Use Permit. SOURCE CODES {1l STANDARD CONDITION {2l CEQA MITIGATION (3) UNIFORM BUILDING CDOE/S (4) DESIGN REVIEW ... EXCEPTIONS 1'1 RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES Pc/CC POLICY I" In Conditions of Approval Exhibit A GUP06-021 Page 2 {1} 1.6 As a condition of approval of Conditional Use Permit 06-021. the applicant shall agree, al 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. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attomeys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 06-021 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with condjl:ions of approval included in Zoning Administrator Action 06-009, 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 Conditional Use Permit. USE RESTRICTIONS (*) 2.1 Business operations may not cause or lead the animals to defecate outside of the premises. The business owner must remove pet wastes on a daily or more frequent basis as necessary, double-bagged, so that no animal waste odor Is noticeable. (*) 2.2 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 times. (*) 2.3 No pet grooming or veterinary services shall be provided unless authorized by the Community Development Department. - - - .- - - _.~ -~---- - Conditions of Approval Exhibit A CUP 06-021 Page 3 n 2.4 A maximum of fifteen dog kennel unifs are permitted. The applicant shall obtain prior authorization from the Community Development Department for any proposed expansion to the kennel area. (*) 2.5 All activities are required to comply with fhe City of Tustin noise standards. (*) 2.6 Rear door must remain closed at all times. FEES (1,5) 3.1 Within forty-eight (48) hours of approval 01 the subject project, the applicant shall deliver to the Communify 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 detelTTlination under the provisions of the Califomia Environmental Quality Act could be signfficantly lengthened.