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HomeMy WebLinkAboutPC RES 4512 Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E RESOLUTION NO. 4512 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2024-0016 TO ESTABLISH AN ANIMAL BOARDING FACILITY IN CONJUNCTION WITH A PROPOSED COFFEE SHOP LOCATED AT 13562 NEWPORT AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2024- 0016 was filed by Yen Nam, on behalf of Fluffy Tail Cafe, LLC requesting authorization to establish an animal boarding facility at 13562 Newport Avenue. B. That the subject property is located within Development Area 5 (DA- 5) of the Downtown Commercial Core Specific Plan (DCCSP)(SP- 12), and the property has a General Plan land use designation of DCCSP. C. That pursuant to Chapter 3.1 of the DCCSP, a CUP is required prior to the establishment of an animal boarding facility. D. That Tustin City Code (TCC) Section 9291 authorizes the Planning Commission to consider and act on requests for a CUP. E. That a public hearing was duly called, noticed, and held for CUP 2024-0016 on December 10, 2024, by the Planning Commission. F. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. G. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed use 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: 1. That the proposed animal boarding facility is located within DA 5 of the DCCSP where there is a variety of retail service uses. As conditioned, the proposed animal boarding facility operations, including its characteristics and hours of operation, would align Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E PC Reso. No. 4512 CUP 2024-0016 with those of existing uses in the area, ensuring compatibility with the surrounding businesses. 2. That the project site fronts Newport Avenue, and is bounded by Main Street to the South, and Bryan Avenue to the East. On-site parking is available on site and meets all required parking standards. 3. That the use is regulated and licensed by the Orange County Animal Care Agency and Orange County Health Care Agency reviewed the application. H. That the Tustin Police Department has reviewed the application and has no concerns as conditioned. I. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2024-0016 authorizing the establishment of an animal boarding facility in conjunction with a proposed coffee shop located at 13562 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2024. Ef Signed by; & 0�4 D148F2661EF34A4.._ ERIC HIGUCHI Chairperson E�Signed by: tkz' .u.. c4. O�41-1' ED45DA2623MZIA5 JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: Signed by; tt. VAUA 343A.DCC695E946B... MICHAEL S. DAUDT Assistant City Attorney Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E PC Reso. No. 4512 CUP 2024-0016 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4512 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of December 2024. PLANNING COMMISSIONER AYES: Douthit, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: tkz' .u.. c4. O�41-1, ED45DA2623&54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2024-0016 13562 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 10, 2024, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve of subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP) 2024-0016 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 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. (1) 1.7 As a condition of approval of CUP 2024-0016, the applicant shall agree, at is sole costs and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any claim, action, or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E Conditions of Approval Exhibit A CUP-2024-0016 Page 2 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) 1.8 CUP 2024-0016 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. If the use 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 CUP. USE RESTRICTIONS (1) 2.1 The proposed project is approved to establish an animal boarding facility in conjunction with a coffee shop within a 1,341 square foot tenant space at 13562 Newport Avenue. Any changes to the approved plans shall be subject to review and approval by the Community Development Director. (1) 2.2 All animals shall be cared for within the building, except for movement to and from vehicles. Business operations may not cause or lead the animals to defecate outside of the premises. The business owner must remove pet waste on a daily or more frequent basis, as necessary, and dispose of waste per the City's Water Quality Management requirement. (1) 2.3 The hours of operation shall be as follows unless prior authorization is provided by the Community Development Director: Cafe Hours: Monday - Friday 7:00 a.m. to 8:00 p.m. Saturday — Sunday 8:00 a.m. to 8:00 p.m. Cat Area Hours: Monday - Friday 11:00 a.m. to 8:00 p.m. Saturday — Sunday 9:00 a.m. to 8:00 p.m. (1) 2.4 All animals shall be kept within an enclosed, air-conditioned, sound-proof structure. The building shall be designed so that no odors will be discernable outside of the building. Exterior doors shall remain closed at all times except as needed for ingress and egress. Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E Conditions of Approval Exhibit A CUP-2024-0016 Page 3 (1 ,5) 2.5 All necessary permits from the Orange County Health Care Agency and Orange County Animal Care Agency must be obtained. All requirements for maintaining sanitary conditions and proper disposal of animal waste must be adhered to at all times. (1) 2.6 Any changes to the animal boarding facility shall be approved by the Community Development Department prior to implementation. (1 ,5) 2.7 All biohazard and sharps waste shall be stored inside the enclosed building, in accordance with appropriate regulatory standards, as set by the Orange County Fire Authority, Orange County Health Care Agency, and Integrated Waste Management Department, for disposal by a firm specializing in the handling of biohazardous, sharps, and medical wastes. (1) 2.8 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1 ,5) 2.9 The total number of cats boarded at the facility shall not exceed twelve (12) cats. The total number of cats allowed may be further reduced by the Orange County Animal Care Agency following an inspection and health determination by an Animal Care officer/inspector. Other animals, including dogs, have not been considered or approved as part of the applicant's proposal. (1 ,5) 2.10 The sale and preparation of food shall not occur within the "cat area" or the "air lock" space, in accordance with a requirement by the Orange County Animal Care Agency. (1 ,5) 2.11 Enclosure size standards for each cat shall be as specified by the Orange County Animal Care Agency. (1 ,5) 2.12 All additional requirements set forth by the Orange County Animal Care Agency and the Orange County Health Care Agency must be fully complied with. (1) 2.13 The operator shall provide emergency contact information to the Community Development Department and the Police Department for use in the event of after-hours emergencies. Docusign Envelope ID: EAFDB716-6C7F-46C5-BF80-OAE194E3566E Conditions of Approval Exhibit A CUP-2024-0016 Page 4 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 fifty dollars ($50.00) 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.