HomeMy WebLinkAboutPC Res 19-06 - 2019-05-20 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)
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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
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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,
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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.
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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
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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 ° 1NIr'i3,:.L4._ /faIZ /c. e/L
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
P ' / 7j.e
am
ATTEST: Chairperson
Steve Fowler
Planning Commission Secretary
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