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Home My WebLink AboutPC Res 13-09 - 2013-05-01 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 Minor Use Permit, 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 I z4 day of M413 , 2013 by the following vote: AYES: Commissioners Cnutcl-rcr , 6esktikt(I , T- iri,g , Massa-1 vvilt-i S(o(NrC NOES: Commissioners 1-4 o I^" ABSENT: Commissioners IN(oh< ABSTAIN: Commissioners N°V� `5andra Massa-Lavitt, Chair Planning Commission 11Th. Basham, Secretary "tanning Commission