Loading...
HomeMy WebLinkAboutCUP 06-021 Inter-Com ,TE: NOVEMBER 27, 2006 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 06-021 PROPERTY OWNER: LA FAYETTE PLAZA INVESTORS, LP ClO REMARC MANAGEMENT INC 2~00 CHRISTINA DR., SUITE 130 MISSION VIEJO, CA 92691 APPLICANT: STACY H. TOLKIN-GILLIS ON BEHALF OF FISH 2000 AND BEYOND INC. LOCATION: 13011 NEWPORT AVENUE, SUITE 112 ZONING: CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO ESTABLISH A PET STORE TO SELL DOGS, FISH, AND THEIR.ACCESSORIES WITHIN A 2,100 SQUARE FOOT TENANT SPACE IN LA FAYETTE PLAZA IN ACCORDANCE WITH TUSTIN CITY CODE SECTION 9233c RECOMMENDATION Thatlhe Zoning Administrator adopt Zoning Administrator Action No. 06-009 approving Conditional Use Permit 06-021, BACKGROUND The applicant is requesting approval to establish a pet store within a 2,100 square loot retail tenant space in La Fayette Plaza. The City's business license records show that the proposed location has been used as a retail store for fish and accessories since 1993. However, our records indicate that a conditional use permit was never requested for establishment of a pet store. Tho business is operating under new ownership and the Zoning Administrator Reporl CUP 05-021 Page2 applicant is now proposing to expand the business to sell dogs and their accessories in addition to fish and aquarium accessories. The site is within the northerly portion of La Fayette Plaza located at the northeast corner of Newport Avenue and Irvine Boulevard (Attachment A - Location Map). The subject property is located within the Central Commercial (C-2) zoning district and the Community Commercial General Plan Designation, which allows for retail and service-oriented business activities Pet stores are conditionally permitted uses in the Central Commercial Zoning District pursuant to Tustin City Code (TCC) Sections 9232b(l) and 9233c{o). In accordance with Tustin City Code Section 9299b(3)(e) the Zonin9 Administrator can consider a Conditional Use Permit for existing developments where there would be no change of occupancy of the primary use, no expansion of fioor area, and the request would not alter the original intent of the project or site, none of which would be applicable in this case. Site and Surrounding Properties The site is located at the northeast comer of Newport Avenue and Irvine Boulevard. The tenant space is located within a 2.5-acre commercial center with various service and retail uses bounded by commercial and office uses to the east, west and south and a residential neighborhood within the County's jurisdiction to the north. The tenant space is adjacent to a restaurant on the south and an art gallery and a hair salon on the north. DISCUSSION Project Description The applicant is currently operating a retail store for fish and accessories and is proposing to add selling dogs and their supplies. The tenant space is 2,100 square feet in area and includes display shelves for fish, aquarium, fish food and accessories along the store walls and three aisles and one aisle of dog food, leashes and accessories. There are 15 dog kennel units along the easterly wall that would be used for retaining puppies and two display/play areas on the front of the store. There are two access doors to the tenant space; the main and public access is from the main parking lot and the secondary and service access is located along the rear parking lot. A small office is also provided on the mezzanine level with an interior stair access. The proposed hours of operations for the store are as follows: Monday through Friday Saturday Sunday 9:00a.m.t09:00p.m. 10:00 a.m. to 7:00 p.m. 12:00 noon 106:00 p.m. The applicant has indicated that the recently completed tenant improvements included sound attenuation. A surveillance system will be installed to monitor the well-being of the animals during the hours that the pet store is closed. Zoning Administrator Report CUP 06_021 Page 3 The applicant is proposing to display up 10 15 small dogs in the store at one time. No grooming or veterinary service is proposed, ANALYSIS In delermining whether to approve the Conditional Use Pennit, the Zoning Administrator must detennine whether or not the proposed use will be detrimental to Ihe health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental 10 property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, wouid not be detrimental to surrounding properties in Ihat the use would occur entirely within the building. The number of proposed dogs and scope of operations for the proposed use can be su pported by the proposed building and site design, and would be compatible with other retail uses on the surrounding properties. 2) The proposed pet store 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 relail center, 3) As conditioned, the applicanl would need 10 obtain authorization from the Community Development Department to expand the kennel area, provide pet grooming,orotherrelatedservices. 4) 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. Ali commercial uses are required 10 comply with Tustin noise standards. 5) The proposed hours of operation are consistent and compatible with the hours of operation for other commercial uses in the area. ~~~.:~y~~ Associate Planner Attachments: A. LocationMap S, Submitted Plans C. ZAAction06-009 S:ICdd'ZAFlEPOfm2006ICUP06-021 (Fi'h 2000 & Soyond),<IOc ATTACHMENT A Location Map LOCATION MAP ~" l~ j ! i PROJECT NO. ADDRESS lUll NEWf'llftT" AVE. ~TE It 2.. f'M.J~ J..oePltlo,", "- " ATTACHMENT B Submitted Plans -'- -- -- fiXTURE FLOOR PLAN LAYOUT _ "eD -~ "'........ ; I ! ! I ! I I . t~~ . -t-- " --t- . ;1;~ " -r--' -<- -,'jo: """"""" ~ ~ i I ! I , ~ i 'HOW"... . . . "" ~ " .-. -- I "' .- 'I .. I ! . . . , . ~. I ; " ! ~ . I . . . I ........... . A.... I 'I I[ ~ I : ""' J,j4SSF I~ 3 . ~ I - I e ;. " w ! '" I , 1 c . . , . EXHIBIT 'A' ... AlOl I.oaos 0(<;<< PJyfM Jyl Ji;freo/Te 13011 _ 13051 Newport Avenue Tustin. CA 92690 ",.,;.,1..""'.' Hj I ~ 'PJy1Y(, IRVINE BLVD. ATTACHMENT C ZONING ADMINISTRATOR ACTION 06-009 ZONING ADMINISTRATOR ACTION 06-009 CONDlTlONAL USE PERMIT 06-021 13011 NEWPORT AVENUE, SUITE 112 The Zoning Administrator of the City of Tustin does hereby resolve as foliows: L 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 Fayetle 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: a) 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 store 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 need to obtain authorization from the Community Development Department to expand the kennel area, provide pet grooming, or other related services. Zoning Administrator Action 06-00g CUPOe-021 Page2 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 Crty of Tustin, at a regular meeting on the 27th day of November, 2006. DANA OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Eioise 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. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A - ZONING ADMINISTRATOR ACTION 06-009 CONDITIONAL USE PERMIT 06-021 CONDITIONS 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 Deveiopment in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during pian check if such modITications are consistent with provisions of the Tustin City Code. (1) 1.2 This approvai shail become nuli 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 Pennit 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 Pennit 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) 1.4 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. (1) 1.5 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit, and the Orange County Health Care Agent may be considered groundS for the initiation of proceedings to revoke the Conditional Use Permit SOURCE CODES (1) STANDARD CONDITION (2) CEQAMITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW -. EXCEPTIONS ('I RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCICC POLICY (6) '" CondilionsofApproval Exhibit A cup 06-021 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 06-021, the applicant shall agree, at ils 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, ils 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 attorneys fees, subject to the applicable notice, hearing, and appeal process as estabiished by the City Council by ordinance. (1) 1.8 Conditional Use PermFt 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 conditions 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 CondFtional 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. (*) 2.2 All necessary permits of the Orange County Control Division of the Health Care Agency shall be obtained and ail 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 shail be provided unless authorized by the Community Development Department. (*) 2.4 A maximum of fifteen dog kennel units are permitted. The applicant shall obtain prior authorization from the Community Development Department for any proposed expansion to the kennel area. Conditions of Approval ExhibitA CUP 06-021 Page 3 (*) 2.5 All activities are required to comply with the City of Tustin noise standards. FEES (1,5) 3.1 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 doilars ($43.00) to enab~ 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.