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PC Packet 05202019
CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday, May 20, 2019 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Steve Miller District 2 — Robert Aguilar – Vice Chair District 3 — Michael Thomas District 4 — Patty Campbell – Chair District 5 — Mariann Klinger Department of Community Development Steven Fowler, Assistant Planner Amy Greyson, Assistant City Attorney City Hall office hours are 8: 00 a. m. to 5: 00 p. m. Monday through Friday. Closed noon to 1:00 P.M. • The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431-2527. • Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website. • DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. • Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at: http://sealbeachca.suiteonemedia.com/web/home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: _ AGENDA APPROVAL: The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period. The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission. No action can be taken by the Planning Commission on these communications on this date, unless agendized. CONSENT CALENDAR: Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR' S REPORT: Updates and reports from the Director of Community Development (Planning and Building Divisions) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. SCHEDULED MATTERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in favor of or against agendized items. More detailed information is found in the actual agenda attached. If you have documents to distribute, you should have enough copies for all Planning Commissioners, City staff, and the public. Please give one to the secretary for the City files. The documents become part of the public record and will not be returned. All proceedings are recorded. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR A. Approval of April 15, 2019 minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B. Conditional Use Permit (CUP 19-1) 2311 Seal Beach Boulevard #102 Applicant: Andrew Kim DDS Request: Request for a Conditional Use Permit (CUP 19-1) to allow the operation of a 1,700 square feet dental office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-4, APPROVING Conditional Use Permit 19-1 with Conditions. C. SPECIFIC PLAN TEXT AMENDMENT (SPA 19-1) CONDITIONAL USE PERMIT (CUP 19-2) 2365 Seal Beach Boulevard #104 & 105 Applicant: Los Alamitos Animal Hospital Request: Request for a Specific Plan Text Amendment (SPA 19-1) to amend the text of the Boeing Integrated Defense Systems Specific Plan by adding Animal Services as a conditional use to the land use table; and Request for a Conditional Use Permit (CUP 19-2) to allow the operation of a 3,000 square feet animal hospital located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission (1) adopt Resolution No. 19-5, recommending to City Council APPROVAL of Specific Plan Text Amendment SPA 19-1; and (2) adopt Resolution No. 19-6, recommending to City Council APPROVAL of Conditional Use Permit 19-2 with Conditions DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, June 3, 2019 at 7:00 p.m. S PLANNING COMMISSION r4<RpRNPi: STAFF REPORT DATE: May 20, 2019 TO: Planning Commission THRU: Gloria Harper, City Clerk FROM: Steve Fowler, Interim Community Development Director SUBJECT: Approval of April 15, 2019 minutes. RECOMMENDATION: Approve the minutes for the Planning Commission meeting held on April 15, 2019. Prepared by: Approved by: Gloria Harper Gloria Harper City Clerk Attachments: 1. Minutes Steve Fowler Steve Fowler Interim Director of Community Development City of Seal Beach — Planning Commission April 15, 2019 Chair Campbell called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Moore led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Miller, Thomas Absent: Aguilar Staff Present: Amy Greyson, Assistant City Attorney Steven Fowler, Senior Planner Gloria D. Harper, City Clerk Motion by Thomas, second by Klinger to excuse Commissioner Aguilar's absence. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried APPROVAL OF AGENDA Motion by Thomas, second by Klinger, to approve Agenda. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Campbell opened oral communications. Speakers: Seth Ecker spoke regarding Items C and D. Chair Campbell closed oral communications. CONSENT CALENDAR A. Approval of December 17, 2018 Minutes Motion by Klinger, second by Thomas to approve the December 17, 2018 Minutes. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried B. Approval of January 22, 2019 Minutes Motion by Thomas, second by Miller to approve the January 22, 2019 Minutes. AYES: NOES: ABSENT: ABSTAIN: Motion Carried Campbell, Klinger None Aguilar None CONTINUED ITEMS There were no continued items. NEW BUSINESS Miller. Thomas C. MINOR USE PERMIT (MUP) 19-2 320 Central Avenue Applicant: Golden Edge Construction on behalf of Linda Tachjian Request: Request for a Minor Use Permit (MUP 19-2) to allow the installation of a roof mounted air conditioning unit with screening at a nonconforming property that is nonconforming due to setbacks and height in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-2, APPROVING Minor Use Permit 19-2 with Conditions. Senior Planner Steven Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Campbell opened the public hearing. Speakers: The applicant Matt Lacy thanked the Commission on behalf of Linda Tachjian. Chair Campbell closed public comment. Thomas moved, second by Klinger, to adopt Resolution No. 19-2, APPROVING Minor Use Permit 19-2 with Conditions. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried D. MINOR USE PERMIT (MUP) 19-1 339 10th Street Applicant: Michael Gibbsons Request: Request for a Minor Use Permit (MUP 19-1) to allow an interior remodel to convert an existing closet into a bathroom at a nonconforming property that is nonconforming due to setbacks and height in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-1, APPROVING Minor Use Permit 19-1 with Conditions. Senior Planner Steven Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Campbell opened the public hearing. Speakers: Michael Gibbsons spoke regarding his application and indicated that he appreciates staff's help with the process. Chair Campbell closed public comment. Thomas moved, second by Miller, to adopt Resolution No. 19-1, APPROVING Minor Use Permit 19-1 with Conditions. AYES: Campbell, Klinger, Miller, Thomas NOES: None ABSENT: Aguilar ABSTAIN: None Motion Carried PUBLIC HEARINGS There were no public hearing items. DIRECTOR'S REPORT Senior Planner Steven Fowler reported that Michael Baker International will be conducting several outreach meetings for the Local Coastal Plan (LCP). He indicated that the meetings are about one (1) hour in length and requires that an agenda and questionnaire be prepared prior to the meetings in an effort to keep the meetings within the one (1) hour time frame. Commissioner Thomas questioned the Planning Commission's role in the LCP process. Senior Planner Steven Fowler stated that the Planning Commission would have an opportunity to offer recommendations on the LCP prior the City Council approval. COMMISSION CONCERNS There were no commission concerns. ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:23 p.m. to Monday, May 6, 2019 at 7:00 p.m. Approved: Attest: Patricia Campbell, Chair Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk SEA -`-PLANNING COMMISSION iV i f STAFF REPORT '111 ' DATE: May 20, 2019 TO: Planning Commission FROM: Steve Fowler, Interim Community Development Director SUBJECT: Request for a Conditional Use Permit (CUP 19-1) to allow the operation of a 1,700 square feet dental office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zoning area. LOCATION: 2311 Seal Beach Boulevard #102 APPLICANT: Andrew Kim, DDS RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 19-4, APPROVING Conditional Use Permit 19-1 with Conditions. GENERAL PLAN INDUSTRIAL - LIGHT DESIGNATION: ZONE: GC -SPR (BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 095-792-04 LOT AREA: 32.169 SQ. FT. GROSS FLOOR AREA: 1,700 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD -PD) SOUTH: MILITARY (MIL) EAST: LIGHT MANUFACTURING (LM) WEST: GENERAL COMMERCIAL (GC) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) 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 the operation of a dental office use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on May 9, 2019 and mailed to property owners and occupants within a 500' radius of the subject property on May 9, 2019, with affidavits of publishing and mailing on file. VICINITY MAP: ANALYSIS Andrew Kim DDS, ("the applicant") filed an application for Conditional Use Permit CUP 19-1 requesting approval for the operation of a dental office within an existing 1,700 square feet commercial building. The subject site is located between Seal Beach Boulevard and Westminster Avenue adjacent to the Boeing facility.. The parcel is developed with one single - story commercial building that is part of a (4) parcel commercial center. The subject site is located in Planning Area 4 of the Boeing Integrated Defense Systems (BIDS) Specific Plan (GC - SPR) zone, and is surrounded to the north across Westminster Avenue by residential uses in Leisure World, to the south across Seal Beach Boulevard by the Naval Weapons Station, to the east by commercial uses and to the west by the Boeing facility. The applicant is requesting approval of a Conditional Use Permit (CUP) for a dental office in an existing vacant suite in a multi -tenant commercial building that adjoins a retail coffee shop. The applicant will perform minor tenant improvements to create its branding. According to the Boeing Integrated Defense Systems Specific Plan permitted land uses Table 5.1, a medical facility is allowed in all (4) planning areas with approval of a conditional use permit. In the Seal Beach Municipal Code, medical uses include dental offices. The proposed hours of operation are Monday by appointment only, Tuesday through Friday 9 A.M. to 6 P.M., Saturday 8 A.M. to 2 P.M., and closed on Sunday. According to section 5.4 of the BIDS Specific Plan all developments will be required to meet the minimum parking standards as established by the City of Seal Beach Municipal Code. Table 11.4.20.015 of the Seal Beach Municipal Code requires 1 parking space for every 200 square feet of gross floor area. The suite is 1,700 square feet and requires 8.5 parking spaces. With all the existing uses and proposed use the site is required to have 223 parking spaces and the site contains 227 parking spaces which will provide sufficient parking for all uses. Other conditions are included to ensure that the operation of the dental office remains compatible with the other nearby uses. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 19-4 approving CUP 19-1 to allow the operation of a 1,700 square feet dental office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zoning area at 2311 Seal Beach Boulevard Unit 102. Prepared by: Steve Fowler Steve Fowler Community Development Department Attachments: 1. Resolution No. 19-4 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 19-1, allow the operation of a 1,700 square feet dental office located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zoning area at 2311 Seal Beach Boulevard unit 102. 2. Project architectural plans. 3. Parking Calculations. RESOLUTION NO. 19-4 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 19-1 TO ALLOW THE OPERATION OF A 1,700 SQUARE FEET DENTAL OFFICE LOCATED AT 2311 SEAL BEACH BOULEVARD # 102 IN PLANNING AREA 4 OF THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN (GC -SPR) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Andrew Kim, DDS submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-1 for the permitting of the operation of a 1,700 square feet dental office at an existing commercial shopping center at 2311 Seal Beach Boulevard #102 (the "subject property"), which is located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) 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 the operation of a dental office use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on May 20, 2019 to consider the application for CUP 19-1. 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 an existing commercial center located on the south side of Westminster Avenue and the north side of Seal Beach Boulevard. The site consists of 4 parcels totaling approximately 198,733 square -feet (4.56 acres) with over 19,000 square feet of mixed retail and restaurant uses and a 110 -room hotel. The subject property has a 1,700 square foot tenant space adjacent to a coffee shop with a drive through. The subject site is surrounded to the south across Seal Beach Boulevard by the Navy base, to the north across Westminster Avenue by residential uses in Leisure World, to the east by Boeing, and to the west by commercial uses. The subject property is located in the Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone. B. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a medical use within Planning Area 4 of the Boeing 1 of 4 Integrated Defense Systems Specific Plan and dental uses are defined in the Municipal Code as medical uses. The proposal also includes interior improvements that will establish the branding decor of the dental office. 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 use is consistent with the General Plan because the addition of the dental office encourages growth in the commercial area. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of a dental office provides additional services that are consistent with the existing land uses. As conditioned, the proposed use will allow for expanded services of an existing facility, which has proven to be compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone subject to approval of a Conditional Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as a Light - Industrial and the Zoning Map designates the area as Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR). C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed dental office and interior alterations. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. The proposed dental use compliments the existing restaurant and office uses and complies with the height, setback and parking requirements of the General Commercial — Specific Plan zoning area, and will not disrupt the existing character of the shopping center. The hours of operation shall be Monday by appointment only, Tuesday through Friday 9 A.M. to 6 P.M., Saturday 8 A.M. to 2 P.M., and closed on Sunday. E. The establishment, maintenance, and operation of the proposed exterior alterations and use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed interior alterations will require a minimal period of construction to construct the branding decor and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. 2 of 4 Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 19-1 for the operation of a dental office at an existing commercial suite within an existing commercial shopping center, at 2311 Seal Beach Boulevard #102, subject to the following conditions. 1. Conditional Use Permit 19-1 is approved for the operation of a dental office at an existing commercial suite within an existing commercial shopping center, at 2311 Seal Beach Boulevard #102. 2. The hours of operation shall be Monday by appointment only, Tuesday through Friday 9 A.M. to 6 P.M., Saturday 8 A.M. to 2 P.M. and closed on Sunday. 3. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 4. There shall be no disposal of glass bottles or other trash outside the establishment between the hours of 10:00 P.M. and 7:00 A.M.; and all trash shall be disposed of in closed waste disposal bins. 5. 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. 6. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 7. The applicant will prominently display these Conditions of Approval in a location within the businesses' customer area that is acceptable to the Community Development Director. 8. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 9. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 10. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 11. 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. 12. This CUP 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. 3 of 4 13. The applicant must 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 Conditional 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 Seal Beach Planning Commission at a meeting thereof held on May 20, 2019, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell ATTEST: Chairperson Steve Fowler Planning Commission Secretary 4 of 4 •O Q K C Y L a iO ry a � t m u U° CO CL O Y •V H N AA a � a ti LL m > Q w 'm C) L O � o cum m � ) V) C O cn =3 rn N y C m �u c C LL d E z 3 c U m n F u U v J3 E z z as Y ._ LA N O _ H •7 5 3 C d. OD C 1' L mLn 1 Ln N ui OD 00 C a s Y L C a! u °uco LC m a H N c a ami O O y •u H N � o a ti CL � ti ti > LL L iA 7 O ei C m v 7 m ¢ LL LL 0 0 u m O d V to Y y w N ] L u CO Y O d m O a 0 E O it U m L :II C N O 0 OAm m G m O L O u 4L Y •a (n m w u a (D � L w •3 o u m U m �, N ,.�. u m O 7 a @ n' 3 a a a- ma m '^ D m m 0 N_ H N t n u u d O u m o Y C Cp z � a Y N Q Y m m C C w c m u m v am C O in w a d m 5 v E s z O c z M N O d m � H m O O O 10 N N � N N a N y O d E m z Y C r m C O a f E m 2 t L Y Ol C � O E o _ z m Y aj N N b0 y C Y N .N •O Q K C Y L a iO ry a � t m u U° CO CL O Y •V H N AA a � a ti LL m > Q w 'm C) L O � o cum m � ) V) C O cn =3 rn N y C m �u c C LL d E z 3 c U m n F u U v J3 E z z as Y ._ LA N O _ H •7 5 C OD C 1' L mLn 1 Ln N ui 00 a s C a! u °uco LC H c a ami O O y •u H N N o a a CL � ti ti LL iA m v 7 m ¢ LL LL 0 0 u m Ol CO nN (1J 4L N aj I u � C w O 3 a � aC LL D N_ t d E m o Y z � Y N Q m m C Y U u U H � m v am C O in w a d s E z z M H m O O O N N � L a c R 3 O N : U c Q 6 a m v a x � L to c Y pp R c C Y e4 U R > R CU Q a L u] IL to cD O M Ln m R � C R a i3 a O f0 Y 00. C w o > R R O Y L n W > M a° o m m N V, o o' o 0 0 o c ado a �[ `u � C o o U 0 0 0 G C d R L di d a CL flan n QJ L Y Y C Y N N O ti e9 N Y R R N C Y R ~ ] O a i 06 _ iL tmr y R m a o d v o m � N N N N N = R Y CD 0 It L oO o ro m n rn a H C a m _ m R R u m � O m m a — c CO R R C C y Y a N m a LL LL Q V - m N � w � p 7 a 6i C C M1 v C R R a r N 7 3 � R R cl R R V > w R O a L +R- a O a a O a 0 C > > a Q en [n K 0Z li K LL R L � y Y R 0 a E N Z R R y�L a V 0 _ 7 6 R L R a O m a, c 3 o V = 0 V N p h0 v a R a 3 a m v d ° c a E v N C r O } Q 0 0 Z N to F 7 K7 Y O O a m c C Y 0 0 o v a to L a c R 3 O N U c Q 6 m v _ � L Y pp R c C U R > R CU Q a L a N O R � C R a O f0 Y u w o > R R Y L n > M a° o m 3 o C D � N s m Y N V O a � L QJ L Y Y C Y Y R R Y R ~ ] a i 06 m a o v � v V R Y N a H C _ m R u m � O m m a — c CO R R C C a N y � lD Q V - m N � w � p � v C � R R V > C > > a ' R L � y Y R 0 _ R R 0 6 R Y O o ° p h0 v a R a 3 a m v ° c N C r O } Q 0 0 R to F °5`"4eF PLANNING COMMISSION STAFF REPORT DATE: May 20, 2019 TO: Planning Commission FROM: Steve Fowler, Interim Community Development Director SUBJECT: Request for a Specific Plan Text Amendment (SPA 19-1) to amend the text of the Boeing Integrated Defense Systems Specific Plan by adding Animal Services as a conditional use to the land use table; and Request for a Conditional Use Permit (CUP 19-2) to allow the operation of a 3,000 square feet animal hospital located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC - SPR) zone.. LOCATION: 2365 Seal Beach Boulevard #104 & 105 APPLICANT: Los Alamitos Animal Hospital RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission (1) adopt Resolution No. 19-5, recommending to City Council APPROVAL of Specific Plan Text Amendment SPA 19-1; and (2) adopt Resolution No. 19-6, recommending to City Council APPROVAL of Conditional Use Permit 19-2 with Conditions. GENERAL PLAN INDUSTRIAL - LIGHT DESIGNATION: ZONE: GC -SPR (BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 095-792-07 LOT AREA: 43,786 SQ. FT. GROSS FLOOR AREA: 3,000 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD -PD) SOUTH: MILITARY (MIL) EAST: LIGHT MANUFACTURING (LM) WEST: GENERAL COMMERCIAL (GC) ENVIRONMENTAL ASSESSMENT The project is exempt from review under the California Environmental Quality Act, California Public Resources Code §§ 21000, et seq. ("CEQA") and the CEQA regulations (14 California Code of Regulations §§ 15000, et seq.). The proposed Specific Plan Text Amendment (SPA 19- 1) establishes rules and procedures to add text to add animal services (including animal hospitals and veterinary services) as a use subject to approval of a conditional use permit in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan zone; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The Specific Plan Text Amendment therefore does not have the potential to cause significant effects on the environment, and is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. The proposed conditional use permit (CUP 19-2) is determined to be a Class 1 (Existing Facility) 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 the operation of an animal services use (including an animal hospital and veterinary services) in an existing commercial building where only minor modifications are required for the renovation and branding of the business. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on May 9, 2019 and mailed to property owners and occupants within a 500' radius of the subject property on May 9, 2019, with affidavits of publishing and mailing on file. VICINITY MAP. ANALYSIS Los Alamitos Animal Hospital, ("the applicant") filed an application for Specific Plan Text Amendment 19-1 (SPA 19-1) to amend the text of the Boeing Integrated Defense Systems Specific Plan to add animal services (including animal hospitals and veterinary services) as an allowed use with the approval of a conditional use permit; and in conjunction with the Specific Plan Text Amendment the applicant also filed an application for Conditional Use Permit CUP 19-1 requesting approval for the operation of an animal hospital with veterinary services within an existing 3,000 square feet commercial building. The subject site is located between Seal Beach Boulevard and Westminster Avenue adjacent to the Boeing facility. The parcel is developed with one single -story commercial building that is part of a (4) parcel commercial center. Three of the 4 parcels contain one-story commercial buildings and the fourth parcel contains a 110 -room hotel. The subject site is located in Planning Area 4 of the Boeing Integrated Defense Systems (BIDS) Specific Plan (GC -SPR) zone and is surrounded to the north across Westminster Avenue by residential uses in Leisure World, to the south across Seal Beach Boulevard by the Naval Weapons Station, to the east by commercial uses and to the west by the Boeing facility. The applicant is requesting that a Specific Plan Text Amendment be granted to add animal services (including animal hospitals and veterinary services), as a use that is allowed with the approval of a conditional use permit in Planning Area 4 of the BIDS Specific Plan. This commercial service oriented use conforms with the intent and purpose of Planning Area 4 that is planned for commercial land uses that provide commercial and visitor -serving services. The Animal Services definition in the SBMC § 11.4.85.025 includes services of animals, including grooming, and/or veterinary care for animals on a commercial basis. This classification allows 24-hour accommodation of animals receiving medical or grooming services but does not include kennels. This classification also excludes dog walking and similar pet care services not carried out at a fixed location, and retail stores selling pet supplies only. The applicant is also requesting that a Conditional Use Permit (CUP) be granted for an animal hospital and veterinary services use in an existing vacant suite in a multi -tenant commercial _ building. The applicant will perform minor tenant improvements to create its branding. The proposed animal hospital will operate from 7:00 a.m. to 6:00 p.m. Monday through Friday, from 7:00 a.m. to 12 noon on Saturday, and will be closed on Sunday. Animal services to be provided at this location will consist mainly of exams along with occasional surgical procedures and grooming. The facility will not offer 24-hour emergency veterinary services on the subject site. All emergencies occurring after business hours will be directed to a separate emergency veterinary clinic that serves the region during hours that the business is closed. For the proposed CUP for an animal hospital, the applicant proposes to occupy Suites 104 & 105, a 3,000 square -foot tenant space, in the building located on the west side of the property. The tenant space was previously occupied by a retail use which required one parking space for every 300 square feet of retail area. Seal Beach Municipal Code Section 11.4.20.015.A, requires an animal services use (including this proposed animal hospital with veterinary services) to provide a parking ratio of one space per 300 square feet, which is the same ratio provided by the prior retail use, resulting in no change to the parking needs for the center. The applicant proposes to modify the interior of the building by creating exam rooms, a waiting area, one surgical room, one room designated for grooming, a separate cat ward, and separate large and small dog wards. 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. The animal hospital will 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). These regulations ensure that the facility will operate in a clean and sanitary manner; failure to meet State Regulations may result in the suspension or revocation of the veterinary facility's state registration. The proposed use is in compliance with the General Plan Commercial Land Use definition that encourages commercial centers to provide a broad range of retail and service needs for the community. The proposed animal services use (including animal hospital with veterinary services) provides additional services to the community and expands services to customers that frequent the center. As recommended, the use is allowed contingent upon the City Council's approval of the Specific Plan Amendment and the CUP application, and the use is physically adequate and compatible with the existing commercial center and the surrounding areas without impacting the center. The Specific Plan Amendment to the Boeing Integrated Defense Systems Specific Plan permitted land uses Table 5.1, will add animal services as a use allowed with approval of a conditional use permit in Planning Area 4. In the Seal Beach Municipal Code, animal services include animal hospitals and veterinary services. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission take the following actions: 1. Adopt attached Resolution No. 19-5 recommending approval of SPA 19-1 amending the text of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) to add Animal Services as a use allowed with approval of a conditional use permit; and 2. Adopt attached Resolution No. 19-6 recommending approval of CUP 19-2 allow the operation of a 3,000 square feet animal hospital and veterinary services use located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone at 2365 Seal Beach Boulevard Unit 104 and 105, contingent upon the approval of SPA 19-1. Prepared by: Steve Fowler Steve Fowler Community Development Department Attachments: 1. Resolution No. 19-5 — A Resolution of the Planning Commission of the City of Seal Beach, recommending adoption of Specific Plan Text Amendment 19-1, amending the text to add Animal Services as a use allowed with approval of a conditional use permit in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone. 2. Resolution No. 19-6 — A Resolution of the Planning Commission of the City of Seal Beach, recommending approval of Conditional Use Permit 19-2, to allow the operation of a 3,000 square feet animal hospital and veterinary services located in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC - SPR) zone at 2365 Seal Beach Boulevard unit 104 & 105, contingent upon the approval of Specific Plan Amendment 19-1. 3. Project architectural plans. RESOLUTION NO. 19-5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF SPECIFIC PLAN TEXT AMENDMENT 19-1 ADDING ANIMAL SERVICES AS A CONDITIONAL USE TO THE LAND USE TABLE FOR PROPERTIES IN PLANNING AREA 4 OF THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN (GC -SPR) ZONE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On May 20, 2019 the Planning Commission held a duly noticed public hearing to consider Specific Plan Text Amendment 19-1, which would amend Table 5-1 of the Boeing Integrated Defense Systems (BIDS) Specific Plan to add animal services (including animal hospitals and veterinary services) as a conditional use to the land use table as set forth in the draft ordinance included with this Resolution as Attachment "A". Section 2. This ordinance (Specific Plan Text Amendment 19-1) is exempt from review under the California Environmental Quality Act, California Public Resources Code §§ 21000, et seq., ("CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the amendment establishes rules, procedures and text to add animal services as a use subject to approval of a conditional use permit in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan zone; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The amendment therefore, does not have the potential to cause significant effects on the _ environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. Section 3. The Planning Commission recommends that the City Council adopt Specific Plan Text Amendment 19-1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 20, 2019 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell ATTEST: Chairperson Steve Fowler Planning Commission Secretary Page 1 of 4 Ordinance Number XXXX ATTACHMENT A DRAFT ORDINANCE SPECIFIC PLAN TEXT AMENDMENT 19-1 Proposed changes have been identified in red. Deletions are stricken through and new language is underlined. Page 2 of 4 Ordinance Number XXXX ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF SEAL BEACH SPECIFIC PLAN TEXT AMENDMENT 19-1 AMENDING TABLE 5-1 ADDING ANIMAL SERVICES AS A USE SUBJECT TO A CONDITIONAL USE PERMIT IN PLANNING AREA 4 OF THE BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN ZONE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 5 of the Boeing Integrated Defense Systems (BIDS) Specific Plan Table 5-1 is hereby amended to read as follows: Table 5-1 - _ m ti ....._..... vvvv vvvv -.,... .........._ vvvv vvvv vvvv vvvv t:srs St -WE cr ro , covnmoN. t a rear o©ao ■■■N Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such Page 3 of 4 Ordinance Number XXXX invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of 2019. Thomas Moore Mayor ATTEST: Gloria Harper City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on , 2019 and was passed, approved, and adopted by the City Council at a regular meeting held on _ day of 2019 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council and do hereby further certify that Ordinance Number XXXX has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Page 4 of 4 RESOLUTION NO. 19-6 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 19-2 PERMITTING THE OPERATION OF AN ANIMAL HOSPITAL WITH VETERINARY SERVICES AT 2365 SEAL BEACH BOULEVARD SUITE #104 & 105 CONTINGENT UPON THE APPROVAL OF SPECIFIC PLAN AMENDMENT SPA -1 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Los Alamitos Animal Hospital submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 19-2 to permit the operation of an animal hospital with veterinary services within an existing commercial shopping center, at 2365 Seal Beach Boulevard Suite # 104 & 105 (the "subject property"), which is designated Light - Industrial in the Land Use Element of the General Plan and is located in the Boeing Integrated Defense Systems (BIDS) Specific Plan (GC -SPR) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) 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 the operation of a veterinary hospital use in an existing commercial building where only minor modifications are required for the renovation and branding of the business. Section 3. A duly noticed public hearing was held before the Planning Commission on May 20, 2019 to consider the application for CUP 19-2. 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 an existing commercial center located on the south side of Westminster Avenue and the north side of Seal Beach Boulevard. The site consists of 4 parcels totaling approximately 198,733 square -feet (4.56 acres) with over 19,000 square feet of mixed retail and restaurant uses and a 110 room hotel. The subject property has a 3,000 square foot vacant tenant space. The subject site is surrounded to the south across Seal Beach Boulevard by the Navy base, to the north across Westminster Avenue by residential uses in Leisure World, to the east by Boeing, and to the west by commercial uses. The subject property is located in the Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone. B. By separate application, the applicant proposes Specific Plan Text Amendment 19-1 (SPA 19-1), to amend the Boeing Integrated Defense Systems (BIDS) 1 of 6 Specific Plan (GC -SPR), to allow animal services uses (including animal hospitals, veterinary services and other animal services) subject to approval of a conditional use permit, by amendment to BIDS Specific Plan Table 5-1. Following a duly noticed public hearing conducted on May 20, 2019, the Planning Commission adopted Resolution No. 19-5, recommending that the City Council approve SPA 19-1. C. The applicant proposes to operate an animal hospital with veterinary services. 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 separate cat, small and large dog wards. D. 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, or to provide 24- hour emergency veterinary services. E. 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 with veterinary services are consistent with the General Plan. The General Plan specifies that the Light Industrial Land Use designation which is integrated with the Boeing Integrated Defense Systems Specific Plan is made up of a mixture of industrial and commercial uses that are divided into 4 planning areas. Planning Area 4 allows for the majority of the commercial retail uses. The animal hospital use will add to the mixture of general and commercial uses available in the General Commercial land use area which is how the BIDS Specific Plans transitions the planning areas from industrial to commercial uses. B. The proposed use and alterations comply with applicable provisions of the Municipal Code. The BIDS Specific Plan with the proposed text amendment (Specific Plan Text Amendment 19-1) will allow the establishment of an animal hospital with veterinary services, with the approval of a Conditional Use Permit. The proposed use requires a parking ratio of one parking space per 300 square feet of gross floor area. The tenant space was previously occupied by a retail use, which was required to provide the same parking ratio. The animal hospital with veterinary services use complies with all applicable provisions of the Municipal Code and will also be required to 2 of 6 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. Upon approval of the proposed Specific Plan Text Amendment, animal services uses, including the proposed animal hospital with veterinary services, will be permitted in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone with a Conditional Use Permit, and the recommended conditions will ensure the proper operation of the business. The subject site is a commercial center that provides the required parking for the animal hospital use because the required parking is the same as was provided for the previous retail use occupying the tenant space. The proposed animal hospital will operate from 7:00 a.m. to 6:00 p.m. Monday through Friday, 7:00 a.m. to 12 noon on Saturday and will be closed on Sunday. The facility will not operate as a 24-hour emergency center and will refer emergencies to nearby _ veterinary 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. With approval of the proposed specific plan text amendment, the proposed animal hospital use will be permitted Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC -SPR) zone with the approval of a Conditional Use Permit. This CUP 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 recommends that the City Council approve CUP 19-2 for the operation of an animal hospital with veterinary services within an existing commercial shopping center, at 2365 Seal Beach Boulevard Suite #104 & 105, subject to the following conditions. 1. Approval of Conditional Use Permit 19-2 is contingent upon, and shall not become effective until, approval of the ordinance approving Specific Plan Zone Text Amendment 19-1 to add animal services uses, including animal hospitals, 3 of 6 veterinary services and other animal services, to the Land Use Table for properties in Planning Area 4 of the Boeing Integrated Defense Systems Specific Plan (GC SPR). Upon approval of SPA 19-1, Conditional Use Permit 19-2 is approved to permit the operation of an animal hospital with veterinary services within an existing commercial center at 2365 Seal Beach Boulevard Suite #104 & 105. 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 April 17, 2019. 3. The animal hospital hours of operation will be from 7:00 a.m. to 6:00 p.m. Monday through Friday, 7:00 a.m, to 12 noon on Saturday and will be closed on Sunday. 4. The animal hospital shall provide the name, address, and contact information of the nearest 24-hour emergency veterinary 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. 8. The interior of the tenant space must be provided with soundproofing in the dog and cat ward areas. 9. 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 10. The facility is not permitted to operate as a kennel. No animals are permitted to remain overnight on the premises unless such animals are surgical patients in need of recovery or undergoing treatment that requires monitoring. 11. 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. All medical waste must be handled, stored and disposed of in accordance with federal, state and local laws and regulations. 4 of 6 12. 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). 13. Any proposed alterations or upgrades to the business, use or building will require review and approval from the City of Seal Beach Planning Division. 14. The Planning Commission reserves the right to revoke or modify this CUP if there is any violation of the approved conditions or any violation of the Municipal Code of the City of Seal Beach. 15. 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 CUP approval. 16. This CUP 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. 17. The applicant/business owner is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 18. 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. 19. This CUP 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. 20. 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 Conditional 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. 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 5 of 6 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 Seal Beach Planning Commission at a meeting thereof held on May 20, 2019, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Steve Fowler Planning Commission Secretary 6of6 Patty Campbell Chairperson 'w,<m aaxamxi y�By�y. 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