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HomeMy WebLinkAboutPC Res 08-06 - 2008-02-20 RESOLUTION NUMBER 08-6 o ~Q ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-2 FOR A PET STORE WITH PET BOARDING FACILITIES, VETERINARY SERVICES, PET GROOMING, PET TRAINING, AND PET ADOPTION SERVICES AT 12415 SEAL BEACH BOULEVARD, SEAL BEACH (PETSMART). THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 16, 2008, Austin Podrat filed an application for Conditional Use Penllit 08-2 with the Department of Development Services. Section 2. The applicant is requesting approval to penllit a pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services at 12415 Seal Beach Boulevard, Seal Beach. Section 3. Pursuant to 14 Calif. Code of Regs. g 15301, staff has detenllined as follows: The application for Conditional Use Permit 08-2 for the requested land use entitlements at a proposed pet store is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. g 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission on February 20, 2008 to consider the application for Conditional Use Permit No. 08-2. At the public hearing the Planning Conullission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of February 20,2008 indicates the following: (a) On January 16, 2008, Austin Podrat filed an application for Conditional Use Permit 08-2 with the Department of Development Services requesting approval to permit a pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services at 12415 Seal Beach Boulevard. 1 of6 Planning Commission Resolution No. 08-6 Conditional Use Permit 08-2 12415 Seal Beach Boulevard (PetSmart) Februmy 20, 2008 (b) The subject property is located in the Shops at Rossmoor development, located west of Seal Beach Boulevard, north of St. Cloud Drive, and south of Bradbury Road. (c) The proposed PetSmart store location is approximately 700 feet west of Seal Beach Boulevard and 300 feet north of St. Cloud Drive, and is proposed to be occupy approximately 27,696 square feet of an approximately 48,210 square foot building. (d) Surrounding land uses and zoning are as follows: NORTH: Commercial uses within the General Commercial (C-2) Zone; residential uses within the Residential High Density (RHD) Zone. SOUTH: Commercial uses within the General Commercial (C-2) Zone; Residential uses within the unincorporated community ofRossmoor. EAST: Commercial uses within the General Commercial (C-2) Zone (Old Ranch Town Center). WEST: Residential uses within the Residential High Density (RHD) Zone; Residential uses within the unincorporated community of Ross moor. (e) The pet store wi]) have approved operating hours of 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 8:00 to 7:00 p.m. on Sunday. Section 6. Based upon the facts contained in the record, including those stated in g5 of this resolution and pursuant to gg 28-1300, 28-2503-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Pemlit No. 08-2 is consistent with the provisions of the Land Use Element of the City's General Plan and the Zoning Code of the City, both of which provides a "General Commercial" designation for the subject property and permits pet store facilities subject to the issuance of a Conditional Use Pemlit. The use as a pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services is also consistent with the remaining elemep.ts of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. The building and property at the Shops at Rossmoor Center are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. c. The pet store, if properly conditioned and enforced, is compatible with the character of the sun"Oll11ding area. Adherence to conditions of approval 20f6 Planning Commission Resolution No. 08-6 Conditional Use Permit 08-2 12415 Seal Beach Boulevard (PetSmart) Febru([JY 20, 2008 placed on the use by the City of Seal Beach would mitigate any negative impacts to neighboring residential properties. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pemlit No. 08-2, subject to the following conditions: 1. Conditional Use Permit 08-2 is approved for a pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services at 12415 Seal Beach Boulevard. 2. All construction shall be in substantial compliance with the plans dated January 2008, that were submitted as a supplement to the application for Conditional Use Permit 08-2. 3. The permitted hours of operation for the combined operations within the pet store (including retail, grooming, day care, and boarding) shall be from 7:00 a.m. to 9:00 p.m., Monday through Saturday, and from 8:00 a.m. to 7:00 p.m. on Sunday. 4. Applicant shall obtain a City of Seal Beach business license, as well as any applicable State and/or County health permits or operating permits before commencing business. 5. All applicable State laws requiring that only weaned animals be available for sale or adoption shall be adhered to. 6. All animals for sale or adoption or guests of the day care and/or boarding facilities shall have appropriate food and fresh water available to them, as provided by State law and as appropriate to their needs, unless otherwise directed by a licensed veterinarian or licensed veterinary technician. 7. Food and drink receptacles within all animal cages and boarding facilities shall be constructed and positioned to minimize fecal contamination. 8. All animal cages, holding pens, boarding areas, play areas, etc. shall be maintained in a sanitary condition, and as provided by State law. 9. All animals shall be provided with adequate housing and space, and as provided by State law. 10. All animals offered for sale or adoption shall have current vaccinations and examinations, where applicable, and must be in good health, as far as can be reasonably detenllined. 11. Any sick or injured animal must receive appropriate care and treatment immediately. 12. No wild or dangerous animals shall be offered for sale or adoption. 30f6 Planning Commission Resolution No. 08-6 Conditional Use Permit 08-2 12415 Seal Beach Boulevard (PetSlIlart) Februwy 20, 2008 13. No animal shall be stocked, sold, or offered for adoption unless the staff, or a member of the staff, is familiar with the care and welfare of such animal. 14. No outdoor displays of animals or merchandise are allowed unless a Special Event Pemlit is obtained from the City of Seal Beach. 15. Adequate ventilation and climate controls shall be provided for all animals at all times. 16. Any windows or doors facing residential areas shall remain closed at all ti mes, except when accessing the building only. 17. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 p.m. and 7:00 a.m. 18. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 19. In the event staff detenllines security problems exist on the site, the Conditions of this pemlit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provision of additional security measures. 20. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this penuit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 7.15 21. Building permits shall be obtained for all new construction. 22. A lighting and security plan shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide 'cut- off or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. 23. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" fonTI has been signed by the applicant in the presence of the Director of Development Services, or notarized and retumed to the Plalming Department; and until the ten (10) calendar-day appeal period has elapsed. 24. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. 40f6 Planning Commission Resolution No. 08-6 Conditional Use Permit 08-2 J 2415 Seal Beach Boulevard (PetSmart) Fehrumy 20, 2008 b. There is a substantial change 111 the mode or character of operations of the establishment. 25. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if hanll or retail-related problems are demonstrated to occur as a resLllt of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, vandalism, solicitation and/or litter. 26. This Conditional Use Pemlit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a wlitten request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 27. The tel111 of this pennit shall be 12 months from the date of the first day of business. At the end of the initial term, the applicant may apply for an indefinite extension of CUP 08- 2. The Planning Commission may grant an indefinite extension, provided that all the conditions of approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be paid to the City prior to consideration of an indefinite extension. 28. The applicant shall indemnify, defend and hold haml1ess City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in cOlmection with the perfornlance 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 lights pell11itted by this Conditional Use Pernlit, 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 hanllless 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. 29. Failure to comply with any of these conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of February 2008 by the following vote: AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt 50f6 NOES: Commissioners None Planning Commission Resolution No. 08-6 Conditional Use Permit 08-2 12415 Seal Beach Boulevard (PetSmart) Februmy 20. 2008 ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Lee. ittenberg Secretary, Planning Commission ***** ar Roberts -Chairperson, Planning Commission 60f6