Loading...
HomeMy WebLinkAboutPC AG 2013-05-01 #2 SEk PLANNING COMMISSION �-� F� ITEM NUMBER V STAFF REPORT 2 /FORN�P TO: Planning Commission FROM: Director of Community Development MEETING DATE: May 1, 2013 SUBJECT: CONSENT CALENDAR A REQUEST FORA MINOR USE PERMIT(MUP 13- 2) TO ESTABLISH AN ANIMAL VETERINARY HOSPITAL WITHIN THE EXISTING PETSMART PET STORE, LOCATED IN THE GENERAL COMMERCIAL (GC) ZONE. LOCATION: 12341 SEAL BEACH BOULEVARD APPLICANT: Medical Management International, Inc., dba Banfield Pet Hospital RECOMMENDATION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt Resolution No. 13-9, approving Minor Use Permit 13-2. Planning Commission Staff Report Minor Use Permit 13-2 12341 Seal Beach Boulevard May 1, 2013 ZONE: GC (GENERAL COMMERCIAL) GENERAL PLAN DESIGNATION: COMMERCIAL-GENERAL SITE DESCRIPTION: Assessor's Parcel Number: 086-492-25 Lot Area: 45,000 sq. ft. (1.033 ac) Gross Floor Area: Approximately 15,000 sq. ft. Surrounding Properties: North: Commercial properties in the General Commercial (GC) zone. South: Commercial properties in the General Commercial (GC) zone. East: Commercial properties in the General Commercial (GC) zone. West: Commercial properties in the General Commercial (GC) zone; Multi-family properties in the Residential High Density (RHD-46) zone. LEGAL NOTIFICATION: The legal notice of this project was mailed to 1 property owner and 13 occupants within a 300' radius of the subject parcel on April 18. 2013, with affidavits of posting on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301, Existing Facilities(Existing Facilities), because the application is for the minor alteration of an existing structure involving a negligible expansion of use. Planning Commission Staff Report Minor Use Permit 13-2 12341 Seal Beach Boulevard May 1, 2013 LOCATION MAP: r ,ate 'r r � i 4, y k i4�1* Mi :Subject Property FACTS: • On April 3, 2013, Medical Management International, Inc., dba Banfield Pet Hospital ("the applicant")filed an application with the Community Development Department for Minor Use Permit 13-2, to establish a small animal veterinary hospital within the existing Petsmart pet store, located in The Shops at Rossmoor shopping center. • Existing tenants within The Shops at Rossmoor include a combination of retail shops, financial institutions, specialty stores, and restaurants. • The existing Petsmart pet store occupies an approximately 15,000 sq. ft. lease space within a 45,000 sq. ft. structure. The entire structure was formerly the Stats Floral Supply and Patio Center and has been subsequently subdivided into three separate lease spaces. Other tenants within the structure include Ulta Beauty and Staples office supplies. • The nearest residential properties are located approximately 400 feet to the west of the subject parcel, within the City of Seal Beach. • As of April 25, 2013, planning staff has received no correspondence in response to the hearing notices that were mailed out to all owners and occupants within a 300' radius of the subject parcel, for the Planning Commission meeting on May 1, 2013. Planning Commission Staff Report Minor Use Permit 13-2 12341 Seal Beach Boulevard May 1, 2013 BACKGROUND: The subject parcel and structure previously housed the Stats Floral Supply and Patio Center store for several years. In February 2012, the City issued building permits for the renovation of the shell structure and division of the 45,000 sq. ft. interior space into three separate lease spaces. These permits were given a final approval in September 2012. ANALYSIS: Section 11.2.10.010 of the Zoning code specifies that animal services are subject to a Minor Use Permit approval by the Planning Commission. The Planning Commission may issue Minor Use Permits for certain uses that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding uses and not interfere with the use and enjoyment of surrounding properties. The provision of veterinary services at the subject premises would fall under the Minor Use Permit requirement. The subject property is located within the central portion of The Shops at Rossmoor shopping center. Petsmart currently operates over 1,000 stores in North America and is the leading operator of retail pet stores, providing a broad range of pet products and in- store services. The veterinary component, which is operated by Banfield Pet Hospital, provides a full range of small animal and health care services, including preventative veterinary care; emergency veterinary care; veterinary surgery, from spay and neuter services to more complex veterinary surgery; pet dental care, including treatments for dental tartar, gingivitis, periodontal disease, and tooth extraction;treatment of common pet health conditions, including arthritis, bone dislocation, bone fracture, hip dysplasia, heartworm disease, minor infections, etc.; and dog and cat microchipping. The location for the pet hospital is an approximately 1,650 square foot area inside the rear of the existing store, which is separated from the remainder of the store by a service counter and interior demising walls. The physical tenant improvements were completed as part of the broader Petsmart tenant improvements and the pet hospital would need to complete minor finishing, stocking, and staffing to open for business. The pet hospital is tentatively planning for a grand opening of June 1St Since this Minor Use Permit would not allow the overnight boarding or care of animals, it is Banfield's policy that if a surgery or medical procedure is known to need overnight care after examination, the client and pet would be referred to a partnering urgent care facility or other veterinarian that does provide over night care and would not be admitted at Banfield. The veterinarian on duty would determine that need prior to admitting the pet for surgery. In the event where a complication arises after surgery,where the pet needs overnight care, the client would be responsible for transporting the pet to the partnering urgent care facility after notification From Banfield to the destination facility. The proposed hours of operation for the pet hospital are 8:00 a.m. to 7:00 p.m., seven days a week. A typical staffing level at a Banfield pet hospital is approximately 8-10 employees. This level would be maintained throughout the day, depending on appointments, scheduled Planning Commission Staff Report Minor Use Permit 13-2 12341 Seal Beach Boulevard May 1, 2013 procedures, and staffing needs. A typical Banfield pet hospital employs 2-3 fulltime veterinarians; 1 fulltime manager; 1-2 fulltime certified veterinary technicians; 2 fulltime and 2 part time veterinary assistants; 1 part time pet care assistant; and 2 client service coordinators (receptionists). The primary issues of concern with a veterinary use, or a pet store that provides a wide range of services, are generally noise, odors, and incompatibility with adjacent businesses or the surrounding neighborhood. Staff has visited other nearby Petsmart locations in Signal Hill and Long Beach that provide a veterinary component and found that at both locations, the issue of noise, odors, and incompatibility were non-existent. Additionally, because of the existing type of construction and orientation of the subject building, staff does not anticipate these types of potential problems at this location. Staff believes that, based on first-hand observations of existing Petsmart locations, as well as an examination of information provided by the applicant, if properly conditioned,this use would not create an adverse impact within the shopping center or surrounding area and recommends approval of the proposed project with conditions. CONCLUSION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt the attached Resolution recommending approval of MUP 13-2, to establish a small animal veterinary hospital within the existing Petsmart pet store, located in the General Commercial (GC) zone at 12341 Seal Beach Boulevard. Prepared by: Je m livera,AICP Ji asham e ' r Planner—Cornmunity Development Di ctor of Community Development Attachments: 1. Resolution No. 13-9—A Resolution of the Planning Commission of the City of Seal Beach, approving Minor Use Permit 13-2, to establish an animal veterinary hospital within the existing Petsmart pet store located in the General Commercial (GC)zone at 12341 Seal Beach Boulevard. 2. Project Plans ATTACHMENT 1 RESOLUTION NUMBER 13-9, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 13-2, TO ESTABLISH AN ANIMAL VETERINARY HOSPITAL WITHIN THE EXISTING PETSMART PET STORE LOCATED IN GENERAL COMMERCIAL (GC) ZONE AT 12341 SEAL BEACH BOULEVARD. RESOLUTION NO. 13-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 13-2, TO ESTABLISH AN ANIMAL VETERINARY HOSPITAL WITHIN THE EXISTING PETSMART PET STORE, LOCATED IN THE GENERAL COMMERCIAL (GC) ZONE AT 12341 SEAL BEACH BOULEVARD, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 3, 2013, Medical Management International, Inc., dba Banfield Pet Hospital ("the applicant"), filed an application with the Community Development Department for Minor Use Permit 13-2, to establish an animal veterinary hospital within the existing Petsmart pet store, located in The Shops at Rossmoor shopping center. Section 2. Pursuant to Title 14 Calif. Code of Regs. § 15025(a) and § II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Use Permit 13-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301 (Existing Facilities) because the application is for the minor alteration of an existing structure involving a negligible expansion of use. Section 3. A duly noticed Planning Commission meeting was held on May 1, 2013 to consider Minor Use Permit 13-2. At the meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. Section 4. The record of the meeting indicates the following: (a) On April 3, 2013, the applicant submitted an application to the Community Development Department for Minor Use Permit 13-2. (b) The applicant is requesting to establish an animal veterinary hospital within the existing Petsmart pet store, located in The Shops at Rossmoor shopping center (c) The subject parcel is rectangular in shape with a lot area of approximately 45,000 square-feet (1.033 ac.). (d) The subject lease space is approximately 15,000 sq. ft. in area. (e) The surrounding land uses and zoning are as follows: NORTH: Commercial properties in the General Commercial (GC) zone. SOUTH: Commercial properties in the General Commercial (GC) zone. EAST: Commercial properties in the General Commercial (GC) zone. WEST: Commercial properties in the General Commercial (GC) zone; Multi-family properties in the Residential High Density (RHD-46) zone. (f) The Zoning Code allows the requested land use entitlement through the approval of a Minor Use Permit by the Planning Commission. (g) As of April 25, 2013, Planning staff has received no correspondence in response to the hearing notices that were mailed to residents within a 300' radius of the subject parcel for the proposed MUP 13-2. Section 5. Based upon the evidence in the record, including the facts stated in Section 4 of this resolution and pursuant to Section 11.2.10.010 of the City's Zoning Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 13-2, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Commercial-General" designation for the subject property and permits a wide range of commercial and retail uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed establishment of an animal veterinary hospital, as conditioned, complies with the requirements of the Zoning Code applicable to the existing use. (c) The proposed establishment of an animal veterinary hospital is appropriate for the character and integrity of the surrounding neighborhood and permissible by code through the issuance of a Minor use Permit. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 13-2, subject to the following conditions: 1. Minor Use Permit 13-2 is approved for the establishment of an approximately 1,650 square foot animal veterinary hospital within the existing Petsmart pet store at 12341 Seal Beach Boulevard, Seal Beach. 2. All construction shall be in substantial compliance with the plans submitted for Minor Use Permit 13-2. All new construction shall comply with all applicable sections of the City's Zoning Code and the California Building Code. 3. Building permits shall be obtained for all new construction requiring such permits. 4. The hours of operation for the Banfield pet hospital shall be 8:00 a.m. to 7:00 p.m., seven days a week. 5. Overnight care or boarding of animals shall not be permitted under this Minor Use Permit. 6. Applicant shall obtain a City of Seal Beach business license, as well as any applicable State and/or County health permits or operating permits before commencing business operations. 7. Adequate food, water, ventilation, and climate controls shall be available to all animals receiving veterinary care, unless otherwise directed by a licensed veterinarian or licensed veterinary technician. 8. All surgical and invasive procedures shall be performed by licensed veterinarians or licensed veterinary technicians, where required by law. 9. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 p.m. and 7:00 a.m. 10.The establishment shall comply with Chapter 7.15 "Noise" of the City of Seal Beach Municipal Code, as the regulations of that chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant to mitigate the noise level to comply with the provisions of Chapter 7.15 11.This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 12.The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, Firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Height Variation, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2013 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt, Chair Planning Commission Jim Basham, Secretary Planning Commission ATTACHMENT 2 PROJECT PLANS IRW p �B Qg ��gg � R a •� 1 1 9 R fdR,{ In 33t N$1 8 @;' E�l s a o QI' z' �[g 1 Rgi �Q,r� R� �CEp °�ig" 555 A[[' ga�QJ i B43 1 a �I � � A �� e o ✓. 1p�i ����'AaitlP��Q���°R� R4 �q ��tpn Hill 'm 4X1'0 . 9Fyya�OyNg ��II$��© .�Rjl 4R � 116 , �$30 sF� a ®� �9B ; Ca € llx, E £ All ! li I i .o leli��fe!n U-,1IIgl,��uouR �_,. III � j. z m <X I N I- -r— BUILDING H- i BUILDING'J' ,7 — I � I Nm o I T— H r- ' I N z - $EAL EIEACFi430ULEVARD u . I ' gnu FOR REFERENCE ONLY " m m '' �� I�S asRd5l9a Ilea $llo e f�; ,4 HIM z C' KR 6 _ �il[ '�eSgl 1 r N _.....-..-- �. �.4.. .;.....--. .. SHOPS AT ROSSMOOR !I 1d III II �jiiy' I[ . OVERALL SITE PLAN ®o D 1232 Shell Renovation � 72341 Seal Beach Blvd. Seal Beach,CA 90740 No: ISSUE: Dim I -1' \ CODE COMPLIANCEINFORMATION 0o co STORE NO.2267 a w" O Jac bay�g—nng Group Inc _aYV—Pi PIETSMART ROSSMOOR SHOPPING CENTER SEAL BEACH, CALIFORNIA nn an 10101000■0000■■0001010000 0 ■■l' 000■O�NO■■N■Di■■■■■■■■■■� 0EM �N00�■■■■■■00■00010■0000000■ 0� . ■■■0�■■■■■■00■■0■N0■00000■ 0CM- .:: ... .������������� � ���������������������� 0000■N■■N■t0■■0■■■■■■■■■■■■■�; �;� � :0000000000000��0�00�000����000�00�000 1� I� -� Ia 11 It �I 11 I III 1�' all �f ���■ B - �y.et i � e o ,��f ,, 111 I' i■ ■ If II i''i ill � , ,� __, � �j J � - IN IN 11 1''II li IN Ii 11 u I 111 I 1 IN iii ii i11 r a �� 1 111 11 111 � 1(. 1 1 Ill 11 in ii iI ill g 11:=oaaoa � �f - o i; � '� 1 I � � ii ■ ■ ilf jib_=� �` �, •— a I',1 1 11 I,I IN NEC – � ' II 1' 11 1 II I' ■i ill � II Iii ■I III a ' E .r , 11 1 I Ili I III �, ., e. ® �I,__3,__n ►Zl r��a7rm■1r11 MR MR" �' • � E I 8 — - — -- -- — -- — to L\. FIXTURE PLAN STORE NO.2267 ROSSMOOR SHOPPING ■ SEAL BEACH, CALIFORNIA U o o Am ED 2 El Oil 145i 1i 04 Eli 1� pill n Ls 41 t fig _cno" JACOBS ISSUE: )�TE: ENLARGED FLOOR PLAN co STORE NO.2267 > 0) 1 MART ROSSMOOR SHOPPING CENTER �j I W ­­ PETS a co (.,n—=mr, SEAL BEACH,CALIFORNIA 1. On �, cn Q Q O I E _ i 14 I 'r 0 ; 0 00 I � , ,-ergg" - 7�,' -- I TT v 1 A I ✓� Al II m IUJI1 to 0 pppg1 B� 8F3 y� .Zq1 aIIE s _ h ii ii i — —� ^d 9 i gIpR 3 m 'FA9 n ^^ 66 g €A = — --- — — --- h s_ n i m <T> $ .E m lip c1l; e No: ISSUE: DIE: �_ �° ENLARGED FLOOR PLANS w STORE NO.2267 w ° ° ° '` � I m PIETSINART ROSSMOOR SHOPPING CENTER N € co oo . SEAL BEACH,CALIFORNIA �,� z m z > > ! z --I M m z z > z m 0 0 0 m U) m 0 c: z 0 M M z > co P z m co m 0 pig 0 K co z 4m z z z C) 0 m I L X c 0 m co 0 61111 rm mo m I < I m m M 5 5) 0 S. 4 0 z z o m z (j) T 1? 0 c z 0 m 4 z I I M G) C, m .- i Nlo x 0 1 < c jz� F-7-77 z Az F > m r �bl, x- ff��JI]2 oz ---j m -n >I m m r�kiii, 0 o m > ZZM Z z > m z E It 2 A 0 0 m 0 0 4 "j 0 0 0 III z K co ,7;zr 0 4 N 0 M 1 0 4 z 1 n! II!, c 4 z i *. m , 1, i� , i co 0 In, i ni 1 c u m z 0 --i c m cn L m 0 m z CL-z ZI m z m m z m iz --I C) ....... 5 - m t m 10 2 CK .......r K u) oz m 'IR coo JACOBS ISSE, DATE: INTERIOR ELEVATIONS < STORE NO.2267 co J�Engin hnngrmupin. > M A ROSSMOOR SHOPPING CENTER co w ;dFolETS FtT I SEAL BEACH. CALIFORNIA