PC Resolution-15-06-09-03PC RESOLUTION NO. 14-06-09-03
CONDITIONAL USE PERMIT (CUP) 14-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING CONDITIONAL USE PERMIT FOR A 9,940 SQUARE FOOT
COMMERCIAL KENNEL PROVIDING PET GROOMING, TRAINING, DAY CARE, AND
OVERNIGHT BOARDING FOR UP TO ONE HUNDRED TWENTY DOGS TO BE
LOCATED AT 32423 CALLE PERFECTO (ZURI PET SPA AND RESORT)
Whereas, Phillip Schwartze of PRS Group, representing Zuri Pet Spa and
Resort, has requested approval of Conditional Use Permit 14-008 to establish a 9,940
square foot commercial kennel, which provides pet grooming, training, day care, and
overnight boarding for up to one hundred twenty dogs at 32423 Calle Perfecto (APN: 668-
501-07), which is General Plan-designated Quasi-Industrial and classified as Commercial
Manufacturing on the Official Zoning Map;
Whereas, Calle Perfecto Business Park, 32403 Calle Perfecto, is the owner
of real property located at 32423 Calle Perfecto (APN: 668-501-07); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 1 categorical exemption, and will cause the Notice of
Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which
provides that "the notice shall not be filed with OPR or the county clerk until the project has
been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on June 9, 2015 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, to consider public testimony on the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established by
Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano:
1) The proposed use is consistent with the maps and policies of the General Plan
because the commercial kennel proposed is consistent with Land Use Element Policy
1.2, encouraging commercial development which is compatible with the surrounding
PC Resolution 14-06-09-03 2 June 9, 2014
uses of wholesale, manufacturing and retail, and 4.1 Quasi-Industrial General Plan land
use designation which allows a variety of regional and sub-regional commercial
activities.
2) The proposed use is located within the Commercial Manufacturing zone. Commercial
kennels are classified as a conditionally permitted use in the Commercial Manufacturing
Zone District. Conditional use permits provide the City with the legal authority and
discretion to impose appropriate conditions to mitigate the potentially adverse
aesthetics of a commercial kennel use and improvements. The proposed use is
consistent with the Commercial Manufacturing zone standards to operate a kennel use.
Furthermore, the 1 ,081 square foot second floor addition will be in compliance with the
second to first floor ratio maximum of 75%.
3) The proposed use is located within an existing industrial building and does not propose
any exterior modifications. The existing structure, proposed use, and access are
located within areas previously developed and do not encroach upon required
setbacks, loading areas, or other uses on the site. The project is situated on a site with
adequate size and shape to accommodate the kennel operation.
4) The proposed use does not create any impacts to the surrounding uses because the
proposed project will be contained within a fully enclosed building. The kennel will
minimize the potential noise or odor impacts with the installation of sound absorption
panels throughout the playrooms double layers of drywall, a method used for sound
buffering, and will be conditioned to obtain a sanitation contractor to pick up the waste
twice a week. The use is surrounded by San Juan Creek and residential properties to
the west, privately owned and operated industrial park uses to the north and south, and
the railroad tracks to the east. The proposed use is consistent and complimentary to
the existing commercial manufacturing use and compatible with the surrounding
properties. Conditions of approval have been placed on the use that will minimize the
possibility for any potential impacts.
5) Parking will typically be used by the fifteen employees, and will only be impacted for
short timeframes as patrons complete paperwork to drop-off or pick-up their pets,
similar to a childcare facility. The property has thirty-five parking spaces which is
sufficient to accommodate the twenty spaces required per the Municipal Code for the
kennel use and six spaces required for all other uses. Due to the quantity of parking
provided and limited visitation to the site, the proposed project provides adequate
parking. The proposed use does not propose exterior modifications which would impact
or encroach into the existing access or circulation.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A attached hereto and incorporated
herein.
PC Resolution 14-06-09-03 3 June 9, 2014
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00p.m., Wednesday, June 24,
2015. This project approval shall be valid for a period of 2 years from the date of approval
of this resolution, and shall expire on June 9, 2017, unless a time extension request has
been submitted or the use has been established and a valid City Business License has
been issued for the use.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this gth day of June, 2015.
-\ Sheldon Cohen, Chairman
Sergio Klotz, Assistant Director
Secretary
PC RESOLUTION# 15-06-09-03
EXHIBIT A
CONDITIONS OF APPROVAL
Project#: CUP 14-008
Project Name: Zuri Pet Spa and Resort
APPROVAL DATE: June 9, 2015
These conditions of approval apply to Conditional Use Permit 14-008 to establish a
9,940 square foot commercial kennel, which provides pet grooming, training, day care,
and overnight boarding for up to one hundred twenty dogs at 32423 Calle Perfecto
(APN: 668-501-07).
General Conditions:
A. The project shall be constructed in accordance with all the approved plans
and conditions of approval, including but not limited to site plans, wall plans,
floor plans, and elevations. Modifications to the use or property approved by
the conditional use permit will not be permitted without review by the City for
consistency with the Conditions of Approval. If all improvements cannot be
installed prior to occupancy, the City may approve a Deferred Improvement
Agreement to defer the completion of the improvements provided that a bond,
cash deposit, or other surety in a form and substance approved by the City
Attorney, is submitted to the City in lieu of installation of the improvements,
that application and required fees are submitted, and that the incomplete
improvements will not create an unsafe condition on the site. The term of the
deferral shall be as determined by the Development Services Director (PLN).
B. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano, its
officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition
of approval of the City Council, Planning Commission, or City Planner. The
City shall promptly notify the applicant of any claim, action, or proceeding
concerning the project and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
C. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions
PC Resolution #15-06-09-03
CUP 14-008, Zuri Pet Spa
Conditions of Approval
Page 2 of 3
and the plans or final revised plans that are approved for any subsequent
phase, the conditions and/or plans as stipulated in the later approval shall
prevail.
D. Within 30 days of the approval of the Conditional Use Permit, the applicant
shall submit all tenant improvements for building permits, including but not
limited to: new kennels, second floor addition, electrical, plumbing, sewer, and
new interior walls.
E. All kennel activity shall be restricted to the hours between 6:30 a.m. and 7:00
p.m.
F. Maximum number of animals permitted in the kennel shall be one hundred
twenty (120).
G. All exterior doors shall remain closed during business hours, and shall
provide self-closing devices to ensure sound impact remains a minimum.
H. Kenneling activities shall be restricted to the approved tenant suite. No
outdoor activities shall be permitted without an amendment to this conditional
use permit.
I. Maximum number of onsite employees permitted shall be fifteen (15).
J. A shuttle service is required during business hours for animal pick-up and
drop-off.
K. No co-habitation of animals within the same kennel shall be allowed unless
from the same household.
L. All animals accepted into the facility shall be up to date with State and Orange
County vaccination requirements.
The following conditions shall be completed prior to submittal for a building
permit:
M. The applicant shall submit to the Fire Chief a plan for review and approval of
the battery system. The plans shall be in accordance with the California Fire
Article 64. (OCFA)
N. The plans shall note that all walls between neighboring tenants and building
exterior will include insulation, equivalent to R13, for sound buffering.
0. Submit a copy of the executed contract with a sanitation company for services
to remove kennel waste from the site twice a week.
P. The plans shall note the location of four drop-off/pick-up parking spaces. The
four spaces shall be located adjacent to the entry and appropriately signed for
PC Resolution #15-06-09-03 Conditions of Approval
restricted use.
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission to
use or occupy the project site, as specified below:
Q. A minimum of one week prior to final inspection by the Building and Safety
Division, the applicant shall schedule a final inspection by the Planning
Division, and shall pay any outstanding balance in the Developer Deposit
Account assigned to this application. (PLN)
R. Calle Perfecto Business Park shall ensure that any lessee or other user(s)
shall comply with the terms and conditions of this permit, and shall be
responsible for the future of any lessee or other user(s) under this permit.
(PLN)
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Division
PLN = Planning Division
PW = Public Works Department
OCFA =Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
(()uJOJlC
Name/Title