Loading...
HomeMy WebLinkAboutPC RES 4048 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 Commerciall 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 PetsHotel 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. 0 BREie~ Chairperson ~~r-.!.~~k 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 meeting of the Tustin Planning Commission, held on the 8th day of January, 2007. a~ ~~~ 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. (1) (2) (3) (4) - SOURCE CODES 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 Califomia Building Code (CBG), 2001 California Mechanical Code (CMG), 2001 Califomia 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 (I.e. 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. However, animals may be walked and/or exercised on premises within areas designated by the owner and approved by the Community Development Department. 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 PetsHotel 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-ofts 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 Exhibit A Resolution 4048 CUP 06-022 Page 5 under the provisions of the California Environmental Quality Act could be significantly lengthened. jl[ 'lIl. . .. a. <lI 4<. .. . I;;. '.' "... . co