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HomeMy WebLinkAboutZA ACTION AGENDA 11-27-06 ACTION AGENDA ZONING ADMINISTRATOR MEETING NOVEMBER 27, 2006 .... CALL TO ORDER: 10:07 a.m. Community Development Department Conference Room ROLL CALL: Dana Ogdon, Acting Zoning Administrator Staff present: Minoo Ashabi, Associate Planner Chad Ortlieb, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to3 minutes per person lor items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT 06-021 - A request to establish a pet store to sell dogs, lish, and their accessories within a 2,100 square loot tenant space in La Fayette Plaza in accordance with Tustin City Gode Section 9233c. APPLICANT: STACY H. TOLKIN-GILLlS ON BEHALF OF FISH 2000 AND BEYOND, INC. PROPERTY OWNER: LA FAYETTE PLAZA INVESTORS, LP CIO REMARC MANAGEMENT, INC. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action No. 06-009 approving Conditional Use Permit 06-021. Presentation: Minoo Ashabi, Associate Planner The Public Hearing opened at 10:09 a.m. The Acting Zoning Administrator went over the report, explained the Zoning Administrator process, and asked the members of the public in attendance to state their concerns. Gene Opitlek, 14692 Plaza Drive, 14702 Plaza Drive, indicated that his concerns were the noise and whether or not the dogs would be allowed outdoors. Those concerns were Zoning Administrator Agenda November 27, 2006 Page 2 appropriately addressed in the Acting Zoning Administrator's remarks, and he had no further objections. The Acting Zoning Administrator stressed the importance of La Fayette Plaza to the City of Tustin and the reluctance by the Planning Department to approve conditional use permits thaI would displease neighboring businesses or nearby re sidents_ Mr. Opittek indicated that, having met Gene Gillis this morning, he would have no problem going to him directly with any future problems. Cecelia Low, 14722 Plaza Drive, Unit D, stated her concerns were the noise and the odors. The applicant, Stacy Talkin-Gillis, indicated there is currently a veterinarian in the center and asked if there are odor and noise issues with that use. The Acting Zoning Administrator indicated that the purpose of this meeting was to discuss the application at hand and not the activities of other businesses in the center. In regards to the proposal, the applicant indicated that a UV filter was added to the air- conditioning system to ensure no odors would be emitted. The Acting Zoning Administrator asked where dog feces and other kinds of animal wastes would be disposed. The applicant indicated such waste would be disposed of in the trash receptacles. The Acting Zoning Administrator asked for the location of the trash bins. The applicant pointed to the trash location on the site map, between units 14742 and 14772. Ms. Low indicated that the center's trash bin is iocated near her property line wall. Mr. Gillis stated that trash can has been removed and pointed to the remaining trash can location. The Acting Zoning Administrator asked Ms. Low to point out the location of her property line. Ms. Low pointed out that she is next to the center's office buildings, a sizeable distance from the proposed pet shop location. Mr. Gillis added that the pet shop waste is double-bagged. Zoning Administrator Agenda November 27, 2006 Page 3 The applicant stated that the County Animal Control regulates how the waste must be contained and disposed of. Ms. Low stated that the proposed Sunday hours would leave the animals without supervision and dogs tend to bark. The applicant indicated that staff would need to come in earlier to feed the animals, and the Acting Zoning Administrator confirmed the fact that the present space had been upgraded with sound attenuation. Ms. Low stated that another concern is the garage damage that is occurring due to the traffic; increased traffic will make that situation worse. The Acting Zoning Administrator suggested the proposed use should not significantly impact the traffic along the rear of the site. Mr. Gillis indicated there is no exit in that area which results in overflow parking where people who work in the center are obligated to park; and, stated he could provide the contact information for the landlord if Ms. Low would like to communicate that issue to him. The applicant added that the property owner has been very supportive of the proposed pet store throughout the process. Ms. Chan Hie Park, 14692 Plaza Drive, 14702 Plaza Drive, stated that she has been keeping her daughter's dog and is beginning 10 have a problem with the next-door neighbor regarding the noise; therefore, she believes that noise and odor at the proposed location will be a problem; she has had a good experience with the La Fayette Plaza administration in responding to and correcting problems involving her property. Mr. and Mrs. Gillis agreed that the property owner is very responsive. The Acting Zoning Administrator stated thatlhis use has operated as a fish store since 1993 and is proposed between a restaurant and hair salon; it is assumed that the property owner would not accept a foul-smelling or "dogs-barking" noise situation due to the proximity of those two uses; there is also a proposed condition that allows the City staff to inspect the facility if there are noise or odor complaints that are not addressed by theapplicanl. Ms. Park asked who set the one-year time period. The Acting Zoning Administrator indicated that condition was included by the City. Ms. Chong asked if that was normal procedure. Zoning Administrator Agenda November 27, 2006 Page 4 The Acting Zoning Administrator answered in the negative; and, added that normal procedure is for an application to be approved and the City retain the right revoke the conditional use permit; in this case, staff chose to condition the approval so as to allow staff to revisit the approval in one year to see how things are going. Ms. Chong suggested that 15 dogs seems like too many. Mr. Gillis indicated that 15 would be the maximum for very small breeds; the County Health Agency has approved the plan as shown in the staff report. The applicant added that the plan is to have only small puppies in the three-pound range with perhaps the occasional larger puppy. Ms. Chong stated that no dogs are allowed within the apartment building adjacent to the site. Mr. Gillis restated that the applicant has gone to great lengths to contain all the noise and all the waste, with the use being reviewed by the City in one year. Ms. Chong asked if an inspection could happen sooner than one year . The Zoning Administrator answered that staff could review the approval sooner if complaints were received. Ms. Chong asked who should be contacted to file a complaint. Mr. Gillis requested that any complaints first be addressed to the applicant. The Acting Zoning Administrator indicated that Condition 2.1 would be modified as follows: "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." Condition 2.6 will be added as follows: 'Rear door must remain closed at all times." The Public Hearing closed at 10:31 a.m. The Acting Zoning Administrator adopted Zoning Administrator Action No. 06-009 approving Conditional Use Permit 06-021. The Acting Zoning Administrator noted that there is a 7-day appeal period. Any appeal would need to be received by the Community Development Department within seven days. 2. CONDITIONAL USE PERMIT 06-019 - A request for authorization to temporarily operate a soil vapor and groundwater extraction unit to remove hydrocarbons from the soil for no longer than one year. Zoning Administrator Agenda November 27, 2006 PageS APPL.ICANT! PROPERTY OWNER: REKHA BAJARIA RECOMMENDAITON: That the Zoning Administrator adopt Zoning Administrator Action No. 06-010 approving Conditional Use Permit 06-019. Presentation: Chad Ortlieb, Associate Planner The Public Hearing opened at 10:36 p.m. The Acting Zoning Administrator explained the Zoning Administrator process to the applicant and reviewed the staff report. The Acting Zoning Administrator asked if the pipes would be removed or filled with concrete when the extraction is complete. The applicant replied that the pipes would be filled with concrete. The Acting Zoning Administrator asked the applicant if he anticipates a time extension. The applicant stated he believes the project will be finished wit hin one year. The Acting Zoning Administrator asked if the applicant had read and understood the staff report and also agreed to the conditions of approval. The applicant replied in the affirmative. The Public Hearing closed atl 0:40 a.m. The Acting Zoning Administrator adopted Zoning Administrator Action No. 06-010 approving ConditIonal Use Permit 06-019. REGULAR BUSINESS: None ADJOURNMENT: The meeting adjourned at 10:41 a_m. The date of the next meeting of the Zoning Administrator will be scheduled when items are sel for hearing.