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HomeMy WebLinkAbout02 UD 06-002/CUP 06-022 ITEM #2 -tV 0 (~.~.. ~.. " ,,\'\' ,I \-'1 ~! ()s~V Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: JANUARY 8, 2007 USE DETERMINATION 06-002 AND CONDITIONAL USE PERMIT 06-022 THE IRVINE COMPANY LLC ATTN: RUSSELL LOWE 550 NEWPORT CENTER DRIVE, 6TH FLOOR NEWPORT BEACH, CA 92660 ANDREW WHITEAKER PETS MART INC. 19601 N. 27TH AVENUE PHOENIX, AZ 85027 2741 EL CAMINO REAL PLANNED COMMUNITY MIXED USE (PCMU) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST FOR A USE DETERMINATION TO ESTABLISH A PET HOTEL WITHIN A PET STORE AS A CONDITIONALLY PERMITTED USE IN THE PLANNED COMMUNITY MIXED USE (PCMU) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 2741 EL CAMINO REAL. IN ADDITION, THE APPLICANT IS ALSO REQUESTING A CONDITIONAL USE PERMIT TO OPERATE AN OUTPATIENT VETERINARY CARE AND PET GROOMING BUSINESS IN CONJUNCTION WITH THE SAME PET STORE. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 4047, approving Use Determination 06-002 to allow for a pets hotel in conjunction with a pet store as a conditionally permitted use within the Planned Community Mixed Use (PCMU) zoning district. .._-----,------ UD 06-002 and CUP 06-022 January 8, 2006 Page 2 2. Adopt Resolution No. 4048, approving Conditional Use Permit 06-022 to establish a pet hotel, out-patient veterinary care, and pet grooming in conjunction with a pet store in an existing 27,089 square foot tenant space located at 2741 EI Camino Real. BACKGROUND Site and Surrounding Properties The site is located at the northeast comer of EI Camino Real and Myford Road in the Tustin Market Place shopping center and within the Planned Community Mixed Use (PC- MU) zoning district and the Planned Community CommerciaVBusiness General Plan Land Use Designation. Adjacent uses to the project site include additional retail properties located within the Tustin Market Place and the PC-MU zoning district. The Tustin Auto Center (PC-Commercial) is located to the southwest of the project site. To the south of the Tustin Market Place lies the Interstate 5 Freeway. The only residential uses in the vicinity of the project site are located to the north across Bryan Avenue (see Attachment A - Location Map). Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on December 28, 2006. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on December 28, 2006. The applicant was informed of the availability of the agenda and staff report for this item. Application Submittal Although the proposed pet hotel is not specifically identified as a permitted or conditionally permitted use within the PC-MU zone, uses most similar to a pet hotel generally require the approval of a conditional use permit. As such the applicant has chosen to submit a use determination and conditional use permit for concurrent review. USE DETERMINATION Section 9233a of the Tustin City Code allows the Planning Commission to determine if unlisted uses are similar to those allowed in the district. A Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the zoning district. When determining whether a use is similar in character to the particular uses allowed in the district, the Planning Commission may consider the following criteria outlined in Section 9298b of the Tustin City Code: 1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large. UD 06-002 and CUP 06-022 January 8, 2006 Page 3 2) Effect upon traffic conditions. 3) Effect upon the orderly development of the area in question and the City at large, regarding the general planning of the whole community. The applicant is proposing to operate an overnight pet boarding facility "Pets Hotel" within in a pet store that will offer other conditionally permitted services such as pet grooming, out-patient vet care, and pet training. The Pets Hotel will be limited to the care of dogs and cats and ancillary to the sale of pets, related supplies, etc. The PetsHotel portion of the store will comprise approximately 6,639 square feet, roughly a quarter of the store. Of that space, the pet boarding area will require 2,096 square feet, while the remaining area will be dedicated to various amenities for the pets. All activities related to the PetsHotel will be conducted entirely within the existing building. The PetsHotel will provide various amenities including: social hour; a scented Relief room; and segregated feline and canine facilities. PetsHotel staff would ensure that the premises are cleaned and maintained on a regular basis. Access to the Pets Hotel would be through the main entrance of the store. For a more in-depth synopsis of the operational features of the proposed PetsHotel, please reference the provided plans (Attachment B). PetSmart currently operates 57 PetsHotel facilities nationwide, eight of which are in California. The closest Southern California location to Tustin is the Aliso Viejo PetsHotel while the next closest is in Brea. The concept of the PetsHotel was thoroughly explored by PetS mart before initially opening the facilities in their stores in 2004. The Tustin Market Place is a shopping center which allows for a variety of retail and service commercial uses. The proposed Pets Hotel is a service business that will be ancillary to and operated in conjunction with a retail pet store (PetSmart). Pet stores are an outright permitted use within the PC-MU zoning district of the East Tustin Specific Plan. The closest related use to the proposed PetsHotel identified in the PC- MU district would be an animal hospital and clinic which is a conditionally permitted use. There are currently no other pet hotels within the City; however, there has been a Use Determination allowing for indoor kennels and boarding as a conditionally permitted use within the Industrial (M) zoning district. An approval of Use Determination 06-002 can be supported by the following findings: 1) The proposed Pets Hotel would be an ancillary use to a retail pet store, which is an outright permitted use in the PC-MU district. 2) All operations of the Pets Hotel would be confined within the existing building. UD 06-002 and CUP 06-022 January 8, 2006 Page 4 3) The proposed use, as conditioned, would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed business would care for pets while owners are out of town and promote the health and hygiene of animals within the community. 4) The Traffic Division of the City's Public Works Department has reviewed the proposed Pets Hotel and concluded that there are no anticipated impacts upon the adjacent traffic system. 5) The proposed use would be considered on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. CONDITIONAL USE PERMIT Project Description The applicant is proposing to operate a pet superstore (PetSmart) that will engage in the sale of small pets and pet supplies in an existing 27,089 square foot building. The subject tenant space is an end unit with only a single adjacent tenant space. The former tenant of the building was the Good Guys retail electronics store, and the adjacent tenant space is currently occupied by the Performance Bicycle Shop. PetSmart is a nationwide retailer of pet supplies with over 885 stores in the United States and Canada since 1987. In addition to a retail business, PetSmart offers a myriad of service business which includes pet grooming, vet care, pet training, and pet adoptions. Veterinarian services are most similar to an animal hospital and clinic, which is a conditionally permitted use within the PC-MU zoning district of the East Tustin Specific Plan. Animal hospitals and clinics also typically offer the other services such as pet grooming and pet training that PetS mart is proposing to operate. Pursuant to Condition 2.5 of Resolution No. 4048, PetSmart will provide an acoustical report and implement recommendations to mitigate any potential noise impacts. Prior to the issuance of a building permit, the applicant will install sound attenuating insulation to eliminate any nuisance caused by sound. The project location is not in the immediate vicinity of any sensitive uses. The nearest residential uses located across Bryan Avenue are approximately 500 feet from the building PetSmart will occupy. A few of these residences lie within 300 feet of the subject parcel of land and have been noticed appropriately. Other adjacent uses to the project site are commercial in nature. UD 06-002 and CUP 06-022 January 8, 2006 Page 5 Business Hours PetSmart would operate during the hours of 9 a.m. to 9 p.m. Monday through Saturday and from 10 a.m. to 6 p.m. on Sunday. The PetsHotel portion would have the same business hours as the store. Early drops-offs for appointments and the PetsHotel would be allowed from 7 a.m. onwards. Pursuant to Condition 4.7, no drop-offs or pick-ups would be allowed after business hours. The PetsHotel would be staffed overnight by one or two employees at all times. Parking The proposed PetSmart is primarily a retail use that would replace a previous retail electronic store use. The City of Tustin Engineering Department has reviewed the proposed project and determined that there are no anticipated traffic impacts upon the adjacent street system, and no significant net change (Daily, AM, or PM peak hour) in trip generation due to the project is anticipated. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed Pets Hotel, pet grooming, and out-patient veterinary care in conjunction with a retail pet store, the Planning Commission must determine whether or not the proposed use will be detrimental to the 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 to 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, would not be detrimental to the surrounding properties in that the use would occur entirely within the building, the number of customers, hours of operation and type of business are consistent with other businesses within the Tustin Market Place and the PC-MU zoning district. 2) The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts and there is sufficient parking and street capacity to support the proposed project. 3) The primary use of the PetSmart is retail in nature and the conditionally permitted uses would be ancillary to the outright permitted retail portion. 4) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the Pets Hotel would implement soundproofing measures and all activities would be conducted inside the building and would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. UD 06-002 and CUP 06-022 January 8, 2006 Page 6 5) If the proposed 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 Conditional Use Permit. Staff recommends that the Planning Commission adopt Resolution No. 4047 approving Use Determination 06-002 to conditionally permit a pet hotel within the Planned Community Mixed Use (PC-MU) zoning district and adopt Resolution No. 4048 approving Conditional Use Permit 06-022 for a pet hotel, pet grooming, and outpatient veterinary care located at 2741 EI Camino Real. I / /~./~ Ryan~nteK Assistant Planner ~~k~ ~/ Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolutions No. 4047 and No. 4048 ATTACHMENT A LOCATION MAP L.OCA TION MAP ""4 TUSTIN CITY MAP Project No. UD 06-002 & CUP 06-022 Address: Tustin Market Place 2741 EI Camino Real Tustin, CA 92782 INTEIISTATE "V I ATTACHMENT B SUBMITTED PLANS Direct ~ial: 310.201.7553 Direct Fax: 310.201.2345 E-Mail: ssaucedo@ggfirm.com Fiie Number: 70280-00009 I~EC""t:-, t...:IV~ lVOV I ED .f)_IM/ .:~ 2006 I}' Of: !/i-10PUr..". T ,ilt/IIL Greenberg >,.-- Silvia Saucedo November 10, 2006 VIA HAND DELIVERY City of Tustin Community Development Department 300 Centennial Way Tustin, California 92780 Attn: Mr. Dana Ogdon, Assistant Community Development Director Re: Conditional Use Permit and Use Determination for Proposed PetSmart Store at 2741 El Camino Real Dear Mr. Ogdon: On October 25, 2006, I spoke with Ryan Swinotek to discuss the proposed PetSmart store to be located at 2741 El Camino Real, the site currently occupied by Good Guys, within the Tustin marketplace ("Store"), The Store will be in the Mixed-Use zone of the East Tustin Specific Plan ("Specific Plan") area. The Store will consist of approximately 27,089 square feet. PetSmart would like the Store to offer the following services: the retail sales of small pets, pet food, supplies and accessories; out-patient veterinary care; pet grooming; daytime animal boarding; pet training; and pet adoptions, As an ancillary service to the services mentioned above, the Store would like to offer its customers overnight pet boarding services in the form of a "PetsHotel," described in detail below. The Specific Plan permits by right the retail sale of small pets, pet food, supplies and accessories in the Store. The out-patient veterinary care, pet grooming, daytime animal boarding, pet training and pet adoptions are conditionally permitted uses (collectively, "Conditionally Permitted Services"), The overnight boarding of household pets in a facility like a PetsHotel is not mentioned as a permitted or as a conditionally permitted use under the Specific Plan and therefore requires a use determination from the Planning Commission. Enclosed please find PetSmart's request for a use determination for the PetsHotel and the application for a conditional use permit for the PetsHotel and for the Conditionally Permitted Services under the Specific Plan. GREENBERG GlUSKER FiELDS ClAMAN & MACHTlNGER llP 1900 Avenue Of The Stars, 21st Floor, Los Angeles, CaOfornia 90067 Telephone: 310,553.3610 Fax: 310.553.06B7 Website: www.ggfirm.com GREENBERG GlUSKER FIELDS ClAMAN & MACHTINGER llP Mr. Dana Ogdon City of Tustin Community Development Department November 10,2006 Page 2 CONDITIONAL USE PERMIT The Specific Plan conditionally permits out-patient veterinary care, pet grooming, day time animal boarding, pet training and pet adoptions in the Store. These Conditionally Permitted Services are compatible with and will enhance a customer's experience at the Store by providing a full range of services and total lifetime care for pets. Furthermore, because the Conditionally Permitted Services focus on the health and well-being of household pets, the grooming of pets and on improving the good behavior of pets, these services will enhance and promote the health, safety, morals, comfort and general welfare of pet owners and non-pet owners residing or working in the neighborhood. USE DETERMINATION As an ancillary use to the retail sales and the Conditionally Permitted Services, PetSmart would also like to offer its customers overnight pet boarding services in the form of a PetsHotel. The Specific Plan is silent regarding overnight boarding of household pets, accordingly, a PetsHotel requires a use determination from the Planning Commission. A PetsHotel is a revolutionary alternative to the conventional boarding of pets and it is a perfect complement to the other pet products and services that the Store would like to provide. Many pet owners seek a caring, pet-loving and reliable environment in which to leave their pets for a day or for a weekend. The PetsHotel is the answer. PetS mart has spent 7 years designing, constructing and operating 10 "Pilot" PetsHotels before launching this exciting new service as part of their stores in 2004. Currently, there are 57 PetsHotels in operation throughout the United States and 8 in California. PetSmart has incorporated key lessons learned into the PetsHotels' current design and operating procedures. The PetsHotel will be completely indoors and entirely enclosed within the Store. It will be a self-contained facility. There will be absolutely no direct access to the outside. From the time a pet checks in until the time the pet departs the pet will never leave the PetsHotel. There are no outdoor activities or pet runs associated with the PetsHotel operations. To minimize pet stress, the PetsHotel will offer separate dog and cat ventilation systems. Special pet themed programming will be broadcast into the rooms and suites, there will be social hours for the pets and there will be even a "Bone Booth" to allow pet parents to call and speak with their pet. The PetsHotel will be open to the public during regular store hours, however, for the security of the pets, it will be staffed by trained associates and security personnel twenty-four hours a day, seven days a week. The design and operation of the PetsHotel will incorporate measures to eliminate any nuisance caused by sound, odor and/or pet waste. The walls dividing the PetsHotel area from the rest of the Store will contain sound-attenuating insulation and will run from floor to ceiling. The GREENBERG GLUSKER FIELDS CLAMAN & MACHTlNGER LLP Mr. Dana Ogdon City of Tustin Community Development Department November 10, 2006 Page 3 PetsHotel design even incorporates a "Pet Relief' room, i.e., a room with unique floor textures and odors designed to encourage pet waste to occur in that room. However, regardless of where the pet waste occurs, all pet waste is either flushed or washed directly into the sanitary sewer system. Furthermore, the water drains will have grates to keep pet hair and other pollutants out of the community waste water systems. The boarding rooms will be regularly cleaned and washed by PetsHotel staff. The PetsHotel will occupy approximately 6,639 square feet of the Store, most of which will consist of amenities, such as play rooms, lobbies, restrooms and offices. The pet sleeping quarters will make up only 2,096 square feet or only 8% of the total use ofthe Store. The PetsHotel's focus on cleanliness, hygiene, sanitation, grooming and training will enhance the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood. The City of Tustin can be assured that when pets are in the PetsHotel they will be safe and constantly cared for and the facility will be regularly cleaned and washed. The City of Tustin can be further assured that the PetsHotel' s design and operation will ensure that neighboring businesses and their customers are not disturbed and that the facility will not be injurious or detrimental to the neighborhood or general welfare of the City. A pet boarding facility such as a PetsHotel is not specifically identified in the Code nor listed as a permitted use in the Specific Plan. However, it is similar to a use already conditionally allowed under the Specific Plan - that of an animal hospital and clinic. The Specific Plan permits "Animal hospitals and clinics" as conditionally permitted uses. Code Section 9271(h) requires that all animals in the hospitals or clinics "be kept within an enclosed, air conditioned, soundproof structure" and that the structure be designed so that "no odors will be discernible beyond the property lines of the parcel on which it is located. " The type of boarding conditionally permitted under the "animal hospitals and clinics" use is similar to the type of boarding that will be provided in the PetsHotel, namely boarding for household pets within an entirely enclosed, mechanically ventilated and sound attenuating facility. The PetsHotel's design will ensure that neither sound, odor or pet waste are a nuisance to neighboring businesses or residents. The PetsHotel will service household pets in an entirely enclosed environment. The PetsHotel will be an ancillary service to the Conditionally Permitted Services because it will be directly related and supportive of the Store's other uses. We therefore respectfully request that you allow a PetsHotel as a conditional use in the Store. TUSTIN MUNICIPAL CODE Tustin City Code Section 9291(c) provides that ifit is determined by the Planning Commission that the use applied for will not be "detrimental to health, safety, morals, comfort GREENBERG GlUSKER FIELDS ClAMAN & MACHTINGER llP Mr. Dana Ogdon City of Tustin Community Development Department November 10, 2006 Page 4 and general welfare of persons residing or working in the neighborhood of such proposed use" or not to be "injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City," then it "shall grant the use permit." The Store's and the PetsHotel's focus on cleanliness, hygiene, sariitation, grooming and training, will not be detrimental to - in fact it will enhance - the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood. The services PetSmart would like to provide will result in safer, healthier and better behaved pets for the neighborhood. Furthermore, the Store and the services it offers will not be injurious or detrimental to property or improvements in the neighborhood or to the general welfare of the City - the PetsHotel will be entirely enclosed and its design and operation will ensure that neither sound, odor or pet waste are a nuisance to the community. Accordingly, PetSmart respectfully requests that the Conditionally Permitted Services and the PetsHotel be allowed in the Store. We look forward to meeting with you and discussing these issues with you further. Should you have any questions or comments, you can reach me directly at (310) 201-7553. SS:lpr Enclosures cc: Andrew Whiteaker, PetSmart Zoning Manager Elizabeth Watson, Esq. Henry D. Finkelstein, Esq. (all wlo encls.) '..< ...< ,,~ ~.< !tl III I~ ~I II i' i' II m ~ U!! .[ o ~_.... w.... ~.'1t ~.... ..~. ~~(LVES ~~CLVC~ ~ru~[ lP ~n :::! n nqn , ! ", I', 1 ~ , I n ;;:I!! , Hi -'I 5 ~ ~ ; II ~ . . i 'l- S Ii, ! .. !' , , ...... <.,. ;~ i i ., (J w."_ RECEIVED NOV 1 3 2006 COMMUNITY DEVElOPMENT BV_..___..._. . ' ... A....;. !,~~ n~n~:n III! .. - I:~~~~~~ FIXTURE ;p~ STORE #1708 FLOOR PLAN %1- TUSTIN, CA "'_.._'--~_.~ (Good Guys) ::::'"..;t..::...:::;~...",:".:..:::;:...... -,,1 -~---~.__._- '1-1' . . ~. :-...":.:~-':="-.':::.l.:"-=..::o:..: --~--_._--- ..< M'.,. ,,-< ,,~ .. .. 6' ,. ,. II Ii " ~ .[ o S~ELVES , S~ELV[S STDRE: iP ", jp " i! " i ." II ~ U I i i ~: ;..:: i ,', ,"nn, 'I. "!!II, " II" - I"n "n n nn ~pq\l;nl= - - - "I n ~ "1- ~ qu Iq hll.n 'd" !h!~""" I~ Ii!! ! i! I I ~ ~ I ; Ii ! ! , , RECEIVED NOV 1 3 2006 COMMUNITY DEVElOPMENT BY ." m --i '" I o --i m r- " , I" .....!. ~~;~ n~!n:~q~ FIXTURE FLOOR PLAN I~~~. "'1'~ ~1< '11'; STORE #1708 TUSTIN, CA (Good Guys) '. . . m ..._u_______.. =-:'==.:::--;::'''::'::''::-"1-_ ~=::r=::..~:.::~ ..,,{ ~, ATTACHMENT C PLANNING COMMISSION RESOLUTIONS NO. 4047 AND NO. 4048 RESOLUTION NO. 4047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 06-002 TO ALLOW A PET HOTEL AS A CONDITIONALLY PERMITTED USE IN THE PLANNED COMMUNITY MIXED USE (PC-MU) ZONING DISTRICT. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application for Use Determination 06-002 was filed by Andrew Whiteaker of PetSmart Inc., to request authorization to establish a pet hotel as a conditionally permitted use within the Planned Community Mixed Use (PC-MU) zoning district located at 2741 EI Camino Real. B. Section 9233a of the Tustin City Code allows the Planning Commission to determine if unlisted uses are similar to those allowed in the district. A Use Determination is necessary to decide if the proposed use would be permitted, conditionally permitted, or prohibited in the zoning district. C. That a public hearing was duly called, noticed, and held for Use Determination 06-002 in conjunction with Conditional Use Permit 06-022 on January 8, 2007, by the Planning Commission. D. That approval of Use Determination 06-002 to allow for a pet hotel as a conditionally permitted use within the Planned Community Mixed Use (PC-MU) zoning district can be supported by the following findings: 1) The proposed PetsHotel would be an ancillary use to a retail pet store, which is an outright permitted use in the PC-MU district. 2) All operations of the PetsHotel would be confined within the existing building. 3) The proposed use would not have a detrimental effect on the public health, safety, and general welfare of the community in that the proposed business would care for pets while owners are out of town and promote the health and hygiene of animals within the community. 4) The Traffic Division of the City's Public Works Department has reviewed the proposed PetsHotel and concluded that there are no anticipated impacts upon the adjacent traffic system. Resolution 4047 UD 06-002 Page 2 5) The proposed use would be considered on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. Projects would be conditioned to ensure that there would be no adverse impacts on the existing neighborhoods. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Use Determination 06-002 to allow for a pet hotel as a conditionally permitted use within the Planned Community Mixed Use (PC-MU) zoning district PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of January, 2007. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4047 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of January, 2007. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 4048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 06-022 AUTHORIZING THE ESTABLISHMENT OF A PET HOTEL, OUT-PATIENT VETERINARY CARE, AND PET GROOMING IN CONJUNCTION WITH A PET STORE IN AN EXISTING 27,089 SQUARE FOOT TENANT SPACE LOCATED AT 2741 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 06-022 was filed by Andrew Whiteaker of PetSmart Inc., to request authorization to establish a pet hotel, out-patient veterinary care, and pet grooming in conjunction with a pet store in an existing 27,089 square foot tenant space located at 2741 EI Camino Real in the Tustin Market Place within the Planned Community Mixed Use (PC-MU) zoning district and the Planned Community Commercial! Business General Plan Land Use Designation. B. The General Plan Planned Community Commercial/ Business Land Use Designation and East Tustin Specific Plan Mixed Use designation provide for a variety of commercial uses, including retail stores and service businesses. In addition, 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. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 06-022 in conjunction with Use Determination 06-002 on January 8, 2007, by the Planning Commission. D. 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) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building, the number of customers, hours of operation, and type of business are consistent with other businesses within the Tustin Market Place and the PC-MU zoning district. Resolution 4048 CUP 06-022 Page 2 2) The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts, and there is sufficient parking and street capacity to support the proposed project. 3) The primary use of the pet store is retail in nature and the conditionally permitted uses would be ancillary to the outright permitted retail portion. 4) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the Pets Hotel would implement soundproofing measures, and all activities would be conducted inside the building and would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5) If the proposed 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 Conditional Use Permit. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 06-022 authorizing the establishment of a pet hotel, out-patient veterinary care, and pet grooming in conjunction with a pet store in an existing 27,089 square foot tenant space located at 2741 EI Camino Real. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of January, 2007. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4048 CUP 06-022 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4048 was duly passed and adopted at a regular rneeting of the Tustin Planning Cornrnission, held on the 8th day of January, 2007. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4048 CONDITIONAL USE PERMIT 06-022 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 8, 2007, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to the use if such modifications are consistent with provisions of the Tustin City Code. (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 All conditions 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 06-022 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 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. SOURCE CODES (1) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 4048 CUP 06-022 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 06-022, the applicant 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 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. ("') 1.7 Conditional Use Permit 06-022 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 not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4048, 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 Conditional Use Permit. BUILDING DIVISION (3) 2.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPG), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 2.2 Building plan check submittal shall include the following: . Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . Two (2) copies of Title 24 energy calculations. . Two (2) copies of structural calculations. (if applicable) (3) 2.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. Exhibit A Resolution 4048 CUP 06-022 Page 3 (1) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. ("') 2.5 The applicant shall comply with the City of Tustin Noise Ordinance to limit all interior and exterior noise levels to the established standards. Prior to issuance of a building permit the applicant shall provide an acoustical report. The applicant shall be required to install sound attenuating insulation in order to eliminate any nuisance caused by sound. In addition, all construction recommendations in the approved acoustical report shall be implemented into the project design. (5) 2.6 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. (5) 2.7 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (Le. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. (City Ordinance 1281) (5) 2.8 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: . Building Plan Check and Permit Fees ORANGE COUNTY FIRE AUTHORITY (1) 3.1 Prior to the issuance of a building permit the applicant shall submit plans for any modification or addition to any existing automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714)573-6100 for additional information. (1) 3.2 Prior to the issuance of a building permit the applicant shall submit architectural plans for review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form". Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on plans prior to submittal. Exhibit A Resolution 4048 CUP 06-022 Page 4 USE RESTRICTIONS (***) 4.1 All animals shall be confined within the building, except for movement to and from the owner's vehicle. 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. (1) 4.2 All biohazard and sharp waste shall be stored inside the enclosed building, in accordance with appropriate regulatory standards, as set by the Orange County Fire Authority, Health Care Agency, and Integrated Waste Management Department, for disposal by a firm specializing in the handling of biohazardous, sharp, and medical wastes. (1) 4.3 The store shall be designed so that no odors will be discernable outside of the building. (1) 4.4 All necessary permits of the Orange County Control Division of the Health Care Agency shall be obtained, and all requirements for maintaining sanitary conditions and proper disposal of animal waste shall be adhered to at times. (***) 4.5 The Pets Hotel shall operate during the regular business hours of the store. PetSmart will have early drop-ofts for appointments only from the hour of 7 a.m. until opening. No other after hours drop-offs or pick-ups of animals shall be permitted. (***) 4.6 An employee shall remain on-site in the Pets Hotel portion of the store at all times. (1) 4.7 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. FEES (2) 5.1 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 dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.