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HomeMy WebLinkAboutPC Res 23-13 - 2023-09-18RESOLUTION NO. 23-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 23-6 TO ALLOW THE OPERATION OF A 2,400 SQUARE FOOT ANIMAL HOSPTIAL LOCATED AT 12410-A SEAL BEACH BOULEVARD IN THE GENERAL COMMERCIAL (GC) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Hal Hamilton submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 23-13 for the permitting of the operation of a 2,400 square feet animal hospital at an existing commercial shopping center at 12410-A Seal Beach Boulevard (the "subject property"), which is located in General Commercial (GC) 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 an animal hospital use within 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 September 18, 2023, to consider the application for MUP 23-6. 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 east side of Seal Beach Boulevard and north of the intersection at Lampson Avenue. The parcel is developed with one single -story commercial building that is part of a multi - parcel commercial center known as the Old Ranch Town Center. The subject property has a 2,400 square foot vacant tenant space. The subject property is located in the General Commercial (GC) zone and is adjacent to commercial and residential uses to the north, commercial uses to the south and west, and the Old Ranch Country Club to the east. B. The proposed use requires the approval of a Minor Use Permit to allow the operation of an animal hospital use within General Commercial (GC) zone. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20.020 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 1 of 4 A. The proposed use is consistent with the General Plan because the addition of the animal hospital 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 pet hospital 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 the General Commercial (GC) zone subject to approval of a Minor Use Permit and complies with all other applicable provisions the Municipal Code. The General Plan Land Use Map designates the subject property as Commercial – General and the Zoning Map designates the area as General Commercial (GC). 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 pet hospital 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 animal hospital use compliments the existing commercial uses and complies with the height, setback and parking requirements of the General Commercial zoning area and will not disrupt the existing character of the shopping center. The hours of operation shall be 8:00 A.M. to 10:00 P.M., daily. 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 interior offices and examination rooms 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. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 23-6 for the operation of a pet hospital at an existing commercial suite within an existing commercial shopping center, located at 12410-A Seal Beach Boulevard, subject to the following conditions. 1. Minor Use Permit 23-6 is approved for the operation of an animal hospital at an existing commercial suite within an existing commercial shopping center, at 12410- A Seal Beach Boulevard. 2. 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). 2of4 3. The hours of operation shall be, 8 A.M. to 10:00 P.M., daily. 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. 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. 6. Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 7. 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. 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. Exterior wall signs shall be submitted to the Community Development Department for approval. 11. 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. 12. 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. 13. 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. 14. The applicant is required to obtain all required Building and Safety permits prior to tenant improvements, construction or demolition. 15. 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. 3 of 4 16. 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. 17. The applicant must indemnify, defend, and hold harmless the City, its 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 September 18, 2023, by the following vote: AYES: Commissioners CAMPBELL, MASSETTI, MINGIONE NOES: Commissioners ABSENT: Commissioners COLES, WHEELER ABSTAIN: Commissioners ATTEST: Alexa Smittle Planning Commission Secretary 4attE7- F a2z;,!� Patty CamFbelf Chairperson 4 of 4