HomeMy WebLinkAboutPC RES 4525Docusign Envelope ID: 6A93B3A7-8926-4649-A7AD-CFF1 C1 ECBBCD
RESOLUTION NO. 4525
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2025-0002 TO ESTABLISH
AN ALL-INCLUSIVE DOG BOARDING AND CARE FACILITY
WITHIN AN EXISTING COMMERCIAL BUILDING AND
MINOR ADJUSTMENT 2025-0001 TO INSTALL A NEW
EIGHT -FOOT VINYL FENCE
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2025-
0002 and Minor Adjustment (MA) 2025-0001 was filed by Lynn Daley,
on behalf of The Dog Stop, requesting authorization to establish an
all-inclusive dog boarding and care facility within an existing
commercial building and the installation of an eight -foot vinyl fence on
the east side of the property located at 14061 Newport Avenue.
B. The subject property is located within a Planned Community
Commercial zoning district and has a Community Commercial
General Plan land use designation, which allows for the orderly
development of commercial areas through a wide variety of goods
and services that are compatible with surrounding uses.
C. That the site is currently improved with an existing commercial/retail
center that is comprised of three buildings.
D. That Use Determination (UD) 2016-001 was approved in 2016,
establishing animal kennel or daycare uses are commercial uses
similar to animal hospitals, clinics, and pet shops, that are
conditionally permitted in the C-1, C-2, and CG zoning districts. The
PC COM zoning district refers to permitted and conditionally
permitted uses in the C-1, C-2, and CG zoning districts; therefore, the
use is allowed subject to the approval of a conditional use permit.
E. That a public hearing was duly called, noticed, and held for CUP
2025-0002 and MA 2025-0001 on April 22, 2025, 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 uses will not, under the circumstances of
Docusign Envelope ID: 6A93B3A7-8926-4649-A7AD-CFF1 C1 ECBBCD
PC Reso. No. 4525
CUP 2025-0002 and MA 2025-0001
14061 Newport Avenue
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. The proposed use, as conditioned, would not harm the
surrounding properties since the activity would take place
within the building except for the pet relief area, which is
located away from residential uses and, as conditioned,
would not create a nuisance. The number of clients, hours
of operation, and type of business are consistent with
those of other businesses in the PC COM zoning district.
2. The project would be conditioned to comply with the Tustin
Noise Ordinance and General Plan Noise Element.
3. The proposed business hours are 6:30 a.m. to 7:00 p.m.
Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturday
and Sunday, consistent with the operation hours for other
businesses in the surrounding area.
4. As conditioned, the proposed animal kennel/daycare would
have minimal impact on the immediate and surrounding
areas. The facility is required to promptly and appropriately
dispose of any animal waste, comply with the Tustin Noise
Ordinance, maintain clean exterior and interior areas, and
confine store operations inside the building.
5. That proposed project is an all -in -one pet facility that will
include pet grooming and kennel/daycare primarily within
an existing building. The required parking for the proposed
use can be accommodated on the subject site and is less
intensive than general retail uses, resulting in a negligible
impact on the other existing commercial uses and
residential uses in the immediate vicinity.
H. That the MA shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity
and district in which the subject property is situated, as evidenced by
the following findings:
Docusign Envelope ID: 6A93B3A7-8926-4649-A7AD-CFF1 C1 ECB8CD
PC Reso. No. 4525
CUP 2025-0002 and MA 2025-0001
14061 Newport Avenue
1. TCC Section 9299 permits a maximum increase of 20
percent above the allowed fence height with the approval
of a MA, and the request does not exceed 20 percent.
2. The proposed use would be located in a standalone
building located on an irregular shape parcel that is
approximately 500 feet from Newport Avenue. The rear of
the building is setback a minimum of five feet and a
maximum of 18 feet from the 1-5 Freeway. The area
between the rear of the building and the 1-5 Freeway is
secluded with limited visibility and surveillance opportunity
from public view; as such, creates an attractive nuisance
area and transient trespassing. The Tustin Police
Department has responded to nuisances in and around
this area in recent years. Activating the rear of the building
and the area east of the building, including the provision of
an eight -foot -high vinyl fence, will reduce the opportunity
for crime. Because of this unique characteristic of the site,
granting of the MA would not constitute a grant of special
privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject
property is situated.
The Tustin Police Department has reviewed the application and has no
concerns as conditioned.
J. 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).
11. The Planning Commission hereby approves CUP 2025-0002 authorizing
the establishment of an all-inclusive dog boarding and kennel facility and
MA 2025-0001 authorizing the installation of an eight -foot vinyl fence
located along the eastern side of the building located at 14061 Newport
Avenue, subject to the conditions contained within Exhibit A attached
hereto.
Docusign Envelope ID: 6A93B3A7-8926-4649-A7AD-CFF1 C1 ECBBCD
PC Reso. No. 4525
CUP 2025-0002 and MA 2025-0001
14061 Newport Avenue
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 22nd day of April 2025.
Signed by:
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TANNER DOUTHIT
Chairperson
ESigned by:
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JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
Signed by:
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MICHAEL DAUDT
Assistant City Attorney
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, and that Resolution No. 4525 was duly passed
and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd
day of April 2025.
PLANNING COMMISSIONER AYES
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ESigned by:
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JUSTINA L. WILLKOM
Planning Commission Secretary
Douthit, Higuchi, Mason, Mello (4)
Kozak (1)
GENERAL
EXHIBIT A
CONDITIONAL USE PERMIT (CUP) 2025-0002 AND
MINOR ADJUSTMENT (MA) 2025-0001
CONDITIONS OF APPROVAL
14061 NEWPORT AVENUE
The proposed use shall substantially conform to the project description and
submitted plans for the project date stamped April 22, 2025, on file with the
Community Development Department, except as herein modified or as
modified by the Community Development Director in accordance with this
Exhibit. The Community Development Director may also approve minor
modifications during plan check if such modifications are to be consistent with
the provisions of the Tustin City Code (TCC) and other applicable codes.
(1) 1.2 This approval shall become null and void unless the use is established within
12 months of the date of this Exhibit. Time extensions may be granted if the
Community Development Director receives a written request and associated
fee within 30 days before 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 CUP 2025-0002 and MA 2025-0001 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 "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 transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development
Department. Failure to do so would be a basis for revocation proceedings.
(1) 1.6 As a condition of approval of CUP 2025-0002 and MA 2025-0001, the
applicant and property owner shall agree, at 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
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 2
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
and/or property owner 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 the defense of any such action under
this condition.
(1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.8 The applicant and/or property owner shall be responsible for costs
associated with any necessary code enforcement action, including attorney's
fees, subject to the applicable notice, hearing, and appeal process as
established by the City Council by ordinance.
(1) 1.9 CUP 2025-0002 and MA 2025-0001 may be reviewed at any time by the
Community Development Director. The Community Development Director
shall review the use to ascertain compliance with conditions of approval. If
the use is not operated in accordance with CUP 2024-0022 or is found to be
a nuisance or negative impacts are affecting the surrounding tenants or area,
the Community Development Director may impose additional conditions to
eliminate the nuisance or negative impacts or may initiate proceedings to
revoke the CUP.
(1) 1.10 If, in the future, the City's Community Development Director, Police Chief,
and/or Public Works Department determine that parking, waste, or noise
problems exist on the site or in the vicinity due to the facility, the Community
Development Director, Police Chief, and/or Public Works Department may
require the applicant to prepare a parking demand analysis, waste
analysis, or noise analysis, with the applicant bearing all associated costs.
If the study indicates inadequate parking or inadequate trash service or
noise problem, the applicant must provide measures for review and
approval by the Community Development Director, Police Chief, and/or
Public Works Department. Such mitigation measures may include, but are
not limited to, the following:
a) Establish alternative hours of operation,
b) Reduce client enrollment,
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 3
c) Require additional trash service; or
d) Provide noise study and any attenuation improvements.
RESTRICTIONS
(1) 2.1 This approval authorizes the establishment of an all-inclusive dog boarding
and kennel facility within a 10,384-square-foot existing commercial building
and a minor adjustment for the installation of an eight -foot vinyl fence on the
east side of the building located at 14061 Newport Avenue. Any changes
shall be reviewed and approved by the Community Development Director.
*** 2.2 All animals shall be confined within the building, except for movement to and
from the pet relief area and the owner's vehicle. Business operations must
not cause or lead animals to defecate outside the premises.
(1) 2.3 No outdoor storage shall be permitted without prior approval from the
Community Development Director.
(1) 2.4 All necessary permits of the Orange County Animal Control Division and the
Orange County Health Care Agency shall be obtained and all requirements
for maintaining sanitary conditions and proper disposal of animal waste shall
be adhered to at all times.
(1) 2.5 Hours of operation shall be as follows unless otherwise modified with the
approval of the Community Development Director.
*** 2.6 The facility shall be limited to a maximum of 100 dogs at any given time.
(1) 2.7 Any modifications to the approved operations or floor plan are subject to
review and approval by the Community Development Director or their
designee before implementation. Major modifications to either may require
requesting approval of a new CUP as determined by staff.
(1) 2.8 The doors facing the parking lot shall remain closed at all times.
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 4
*** 2.9 All outdoor pet relief areas shall be used exclusively for short, supervised
bathroom breaks and occasional training sessions. Dogs shall never be left
unattended in outdoor areas, and group sizes shall be limited to avoid
excessive noise.
*** 2.10 The 12 boarding suites, originally constructed as music practice rooms,
shall retain their existing sound -insulated construction and be repurposed
for overnight animal boarding. These rooms shall be maintained as private,
acoustically isolated suites to reduce noise between dogs and support a
calm indoor environment.
*** 2.11 Training and grooming sessions shall be staggered to avoid lines. The
business owner or their designee shall be responsible for monitoring the
queuing lines at all times. The outdoor queuing line shall not block public
walkways or obstruct the entry or exit doors of adjacent businesses.
(1) 2.12 No more than 25% of the window area can be covered with signs and copy
may include hours, address, phone number, emergency information, or
special announcements pursuant to TCC 9413.
(1) 2.13 Any graffiti painted or marked upon the premises or any adjacent area under
the control of the property owner or the business shall be removed or painted
within 24 hours.
(4) 2.14 The eight -foot -high vinyl fence shall be reviewed and approved by the
Community Development Department during plan check to ensure
compatibility with the surrounding built environment.
(6) 2.15 The applicant shall install a minimum three -foot -wide landscaped buffer
between the fence where it faces the adjacent parking area stalls. The
landscape buffer shall include shrubs or other plant material reaching a
minimum height of 36 inches at the time of planting. Landscaping shall
always be maintained in a healthy and visually attractive condition and
shall be approved by the Community Development Department.
*** 2.16 Animal waste shall be collected in sealed, leak -proof containers and
disposed of in an on -site commercial dumpster. Waste shall not be rinsed
into storm drains or landscaped areas. The dumpster shall be serviced a
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 5
minimum of twice a week by the City's licensed waste disposal provider
(CR&R) or more frequently as needed to prevent odors and pest issues.
*** 2.17 The designated outdoor pet relief areas, located at the rear and east side
of the building, shall be cleaned daily using a multi -step protocol. This
shall include:
• Immediate removal of solid waste;
• Spot disinfecting using a veterinary -grade cleaner;
• Regular scrubbing and rinsing with water; and
• Full surface disinfection at the end of each day. A minimum weekly
power washing of the artificial turf (if used) shall be conducted
during warm weather months (70°F and above).
• Wash water shall be collected with a wet vac and emptied in the
sewer or directed to the landscape area. Wash water is prohibited
from being discharged into the street or storm drain.
The "outdoor pet relief areas" shall be designed to prevent untreated
animal waste (feces and urine) from entering the storm drain system. If
artificial turf is used, design solutions, which might include, covered sewer
drains, or other Code compliant methods, shall be identified on plans
submitted for Building Permit review, and implemented through the
construction process. Grass or natural vegetated turf relief areas would
not require a sewer connection or other design features.
The City's Public Works Department requires the submittal of a non -priority
Water Quality Management Plan (WQMP).
*** 2.18 The facility shall maintain a contract with a licensed pest control provider
to prevent and mitigate rodent and insect issues. Pest control inspections
and treatments shall be conducted at a frequency necessary to ensure a
pest -free environment.
*** 2.19 All daily waste handling, cleaning, disinfection, and ventilation procedures
shall be implemented in a manner that prevents the generation of odors
detectable beyond the tenant space. All staff shall be trained and shall
adhere to daily cleaning and waste disposal procedures. If odor complaints
are received and verified by City staff, the operator shall implement
additional measures as required by the Community Development
Department.
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 6
(1) 3.1 Signage shall comply with the master sign plan for Tustin Freeway Center.
The applicant shall submit sign plans to the Building Division for a building
perm it.
BUILDING DEPARTMENT
(3) 4.1 The applicant shall apply for a tenant improvement permit and have the plans
approved through plan check.
PUBLIC WORKS DEPARTMENT
(3) 5.1 Construction and Demolition (C&D) Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (City Code Section 4351, et al) to
recycle at least 65 percent of the project waste material or the amount
required by the California Green Building Standards Code.
b. Prior to the issuance of any building or demolition permit that involves
the creation of a C&D debris, each applicant shall pay the City an
application fee in the amount set forth in a resolution of the City Council
sufficient to cover the City's costs of reviewing an application and
monitoring compliance with this section and/or WRRP, or reviewing an
application for exemption.
c. Security Deposit: In addition to the application fee, each applicant shall
deposit with the City a security deposit in the amount of five percent of
the project valuation, as determined by the Building Official, rounded to
the nearest thousand or twenty -five -hundred dollars ($2,500.00),
whichever is greater. In no event shall a deposit exceed twenty -five -
thousand dollars ($25,000). The security deposit is remitted at the same
time the permit application is filed. The security deposit may be in the
form of cash, cashier's check, personal check, money order, or may be
applied to a credit card, as set by the Finance Department.
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
Exhibit A — Conditions of Approval
CUP 2025-0002
April 22, 2025
Page 7
POLICE DEPARTMENT
(1) 6.1 The applicant shall install a security camera system for the outdoor pet
relief area for safety and security purposes. The system shall include
motion -activated cameras. All security measures must be kept in good
working condition throughout their use and should be employed to deter
unauthorized access and monitor animal welfare.
ORANGE COUNTY FIRE AUTHORITY
(1) 7.1 The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained for each
plan prior to the specified event.
a. Prior to the issuance of a building permit:
• Fire sprinkler and standpipe system (service codes PR400-PR
465)
FEES
(1) 8.1 Within 48 hours of approval of the subject project, the applicant shall deliver
to the Community Development Department a cashier's check payable to the
ORANGE COUNTY CLERK -RECORDER in the amount of fifty dollars
($50.00) to enable the City to file the appropriate environmental
documentation for the project. If, within the 48-hour period, the applicant has
not delivered the above -noted check to the Community Development
Department, the statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act (CEQA) could be significantly lengthened.
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