HomeMy WebLinkAboutITEM NO 4 RESPONSE TO THE KARLIN LAW FIRM Response to Comments
By The Karlin Law Firm letter dated December 10, 2024
Conditional Use Permit 2024-0016
Coffee Shop and Animal Boarding
Fluffy Tail Cafe
13562 Newport Avenue
Response to Statement 1:
Coffee Shops are permitted by right in the Downtown Commercial Core
Specific Plan (DCCSP) and do not require a CUP or a public hearing; however,
Animal Boarding is a use that requires a CUP. Pursuant to Tustin City Code
(TCC) Section 9263, no additional parking spaces are required when a
restaurant use (Coffee Shop) replaces a retail, service, or office use within the
DCCSP. According to TCC Section 9260, Coffee Shops and Tattoo (former
business) establishments both require one parking space per 250 square feet
(SF) of gross floor area (4 per 1 ,000 SF), while Animal Boarding requires only
one parking space per 500 SF of gross floor area (2 per 1 ,000 SF). The
proposed business will be parked according to the more intensive use, which
in this case is the Coffee Shop; therefore, complies with the DCCSP.
Response to Statement 2:
Pursuant to City records and entitlement application materials, a reciprocal
parking agreement is currently in place between the five parcels/property
owners. Irrespective of the reciprocal parking agreement above, the parking
requirement for the proposed use is consistent with general retail uses,
including Coffee Shops, that are permitted by right. As proposed, the use
complies with the TCC and DCCSP.
Additionally, TCC Section 9263a does require additional parking when an
expansion of any structure or change in use is proposed. The project does not
propose an increase in floor area or a change in use that would require
additional parking. Animal Boarding requires less parking than a Coffee Shop
and Coffee Shops are permitted by right in the DCCSP.
Response to Statement 3:
Pursuant to TCC, the proposed use and other eating establishments require
one parking space per 250 square feet (SF) of gross floor area (4 per 1 ,000
SF). Coffee Shops are permitted by right and do not require a CUP or a public
hearing. The Animal Boarding use requires a CUP and public hearing and
requires less parking than that of a Coffee Shop. Pursuant to staff's analysis,
the Animal Boarding use and associated Coffee Shop would comply with the
TCC and DCCSP, if approved.
Response to Statement Letter A:
The City cannot require more parking than is required by TCC and the
proposed use will be parked according to the more intensive use (Coffee
Shop), that is permitted by right. Animal Boarding requires less parking than a
Coffee Shop, therefore, staff maintains that the proposed project is consistent
with TCC and DCCSP. Lastly, maximum occupancy of the tenant space would
be established during the building plan check process.
Response to Statement B:
See Response to Statement #2 above.
Response to Statement C:
Coffee Shops are uses that are permitted by right in the DCCSP. The Animal
Boarding use requires a CUP and would require less parking than a Coffee
Shop. The proposed project would be parked according to the more intensive
use and no additional parking beyond what is currently provided is required.