HomeMy WebLinkAboutPC Res 15-28 - 2015-12-07RESOLUTION NO. 15 -28
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING MINOR USE PERMIT
15 -15 PERMITTING THE OPERATION OF AN
ANIMAL HOSPITAL AT 1190 PACIFIC COAST
HIGHWAY SUITE D AND APPROVING A
CATEGORICAL EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. On October 15, 2015, Scott Levitt submitted an application to the
City of Seal Beach Department of Community Development for Minor Use Permit (MUP)
15 -15 to permit the operation of an animal hospital within an existing commercial
shopping center, at 1190 Pacific Coast Highway Suite D (the "subject property "), which
is designated Commercial - General in the Land Use Element of the General Plan and
is located in the General Commercial (GC) Zone.
Section 2. This project is determined to be a Class 1 (Conversion of small
structures) Categorical Exemption pursuant to Section 15301 of the Guidelines for the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for
the permitting of an animal hospital in a commercial suite, involving minor tenant
improvements to accommodate the use.
Section 3. A duly noticed public hearing was held before the Planning
Commission on December 7, 2015 to consider the application for MUP 15 -15. At the
public hearing, the Planning Commission received and considered all evidence
presented, both written and oral, regarding the subject application. The record of the
public hearing indicates the following:
A. The subject site is within the Seal Beach Center, a multi- tenant
shopping center located on the southwest side of the Pacific Coast Highway and 12`h
Street intersection. The shopping center consists of a 76,950 square -feet (1.77 acres)
parcel with 22,699 square feet of mixed retail and service uses. The animal hospital will
occupy a 3,000 square -foot tenant space located in the building that extends along the
west property line. The subject site is surrounded by commercial uses to the north
across Pacific Coast Highway, commercial uses and a church use to the west,
commercial and residential uses to the east across 12th Street, and a park to the south.
The subject property is located in the General Commercial (GC) zone.
B. The applicant proposes to operate an animal hospital. Proposed
improvements are minimal, and only include interior improvements to create exam
rooms, a waiting area, one surgical room, one room designated for grooming and a
separate cat ward and dog ward.
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C. The cat and dog wards are designated for the overnight care of
dogs and cats that have undergone surgical procedures or are undergoing treatment
that must be monitored. The facility will not be permitted to operate as a kennel or
provide boarding of animals not recovering from a medical procedure.
D. The facility will be required to comply with all regulations and
standards as required by Sections 2030 and 2030.1 of Title 16 of the California Code of
Regulations (Minimum Standards —Fixed Veterinary Premises & Small Animal Fixed
Premises Minimum Standards) to ensure that the facility will operate in a clean and
sanitary manner; any failure to meet State Regulations may result in the suspension or
revocation of the veterinary facility's state registration.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of
the Code of the City of Seal Beach, the Planning Commission makes the following
findings:
A. The proposed interior alterations and operation of an animal
hospital are consistent with the General Plan. The General Plan specifies that the
General Commercial Land Use designation is made up of a mixture of general and
service uses. The animal hospital use will add to the mixture of general and commercial
uses available in the General Commercial land use area.
B. The proposed use and alterations comply with applicable provisions
of the Municipal Code. The Zoning Code allows the establishment of an animal hospital
with the approval of a Minor Use Permit. An animal hospital use requires a parking ratio
of one parking space per 300 square feet of gross floor area. The tenant space that will
be occupied by the animal hospital was previously occupied by a retail use, which was
required to provide the same parking ratio. The animal hospital use complies with all
applicable provisions of the Municipal Code and will also be required to comply with all
California Code of Regulations as they apply to Fixed Veterinary Premises.
C. The subject site is physically adequate for the proposed interior
alterations and use. The animal hospital will occupy a tenant space within an existing
multi- tenant commercial center that is consistent with other commercial centers. The
animal hospital use will require an interior remodel to create the required surgical room,
exam rooms, grooming area, and dog and cat wards but no changes will be made to the
building exterior. The subject site contains adequate parking for the animal hospital use
as it is the same ratio of 1 (one) parking space per 300 square feet that also applied to
the previous retail use.
D. The location, size, design, and operating characteristics of the
proposed interior alterations and use will be compatible with the surrounding uses and
will not adversely affect those uses or properties in the surrounding areas. The
proposed animal hospital is permitted in the General Commercial (GC) zone and
conditions have been imposed to ensure the proper operation of the business. The
subject site is a commercial center that provides the required parking for the animal
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hospital use because the required parking is the same as was provided for the previous
retail use occupying the tenant space. The hours of operation for the animal hospital will
be 7:30 a.m. to 6:00 p.m. Monday through Saturday and the facility will be closed on
Sunday. The facility will not operate as a 24 -hour emergency center and will refer
emergencies to nearby emergency centers during closed hours.
E. The establishment, maintenance, and operation of the proposed
use would not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity. The animal hospital use is permitted in the General Commercial
(GC) zone with the approval of a Minor Use Permit. This MUP for the proposed animal
hospital includes sufficient conditions to ensure that the use will comply with the Zoning
Code and applicable California Code of Regulations as they apply to Fixed Veterinary
Premises and will not create adverse impacts upon adjacent uses. The animal hospital
use will not cause any alterations to the exterior and will be consistent with the
surrounding general and service uses in the area.
Section 5. Based upon the foregoing, the Planning Commission hereby
approves MUP 15 -15 for the operation of an animal hospital within an existing
commercial shopping center, at 1190 Pacific Coast Highway Suite D, subject to the
following conditions.
1. Minor Use Permit 15 -15 is approved to permit the operation of an animal hospital
within an existing commercial center at 1190 Pacific Coast Highway Suite D.
2. The premises of the animal hospital must be in substantial compliance with the
floor plan submitted with the application and maintained on file with the
Community Development Department dated October 15, 2015.
3. The animal hospital hours of operation will be from 7:30 a.m. to 6:00 p.m.
Monday through Saturday and closed on Sunday.
4. The animal hospital shall provide the name, address, and contact information of
the nearest 24 hour emergency center to all clients and potential clients. This
information must be clearly posted and oriented toward the exterior of the facility
during all hours that the facility is closed.
5. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
6. The establishment must comply with Chapter 7.15 "Noise" of the City of Seal
Beach Municipal Code. 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/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
7. The applicant/business owner shall maintain a contract with a third party for the
regular disposal of deceased animals on a weekly basis, as needed. All storage
of deceased animals shall be within a secure freezer located within the building.
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8. The facility is not permitted to operate as a kennel. No animals are permitted to
remain on the premises over -night unless such animals are surgical patients in
need of recovery or undergoing treatment that requires monitoring.
9. All medications must be stored in a locked storage area with restricted access to
only authorized personnel in compliance with all local, state and federal codes.
10. The facility must meet all regulations as required by Sections 2030 and 2030.1 of
Title 16 of the California Code of Regulations (Minimum Standards —Fixed
Veterinary Premises & Small Animal Fixed Premises Minimum Standards).
11. Any proposed alterations or upgrades to the business, use or building will require
review and approval from the City of Seal Beach Planning Division.
12. The Planning Commission reserves the right to revoke or modify this MUP if
there is any violation of the approved conditions or any violation of the Municipal
Code of the City of Seal Beach.
13. Failure to comply with any of these conditions or a substantial change in the
mode or character of the business shall be grounds for revoking or modifying this
MUP approval.
14. This MUP shall not become effective for any purpose unless /until the
applicant/business owner returns a signed and notarized City "Acceptance of
Conditions" form to the Planning Department; and until the ten (10) calendar day
appeal period has elapsed.
15. The applicant/business owner is required to obtain all required Building and
Safety permits prior to tenant improvements, construction or demolition.
16. Approval of this request shall not waive compliance with all sections of the
Municipal Code, or all other applicable City Ordinances in effect at the time of
building permit issuance.
17. This MUP shall become null and void unless exercised within one year of the
date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request for extension submitted to
the Community Development Department at least ninety days prior to such
expiration date.
18. The applicant/business owner shall indemnify, defend, and hold harmless City,
its officers, agents, and employees (collectively "the City" hereinafter in this
paragraph) 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
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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. The applicant's /business owner's obligations 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.
19. The interior of the tenant space must be provided with sound proofing in the dog
and cat ward areas.
20. A doggy dispenser receptacle must be provided on the exterior of the tenant
space near the entrance. The design and style of the dispenser must be
consistent with the commercial center's architectural style and approved by the
Planning Division.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on December 7, 2015, by the following vote:
AYES: Commissioners Campbell, Klinger, Machen, Thomas, Cummings
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Jim Basham
ing Commission Secretary
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Esth r Cummings
Chairperson