HomeMy WebLinkAboutCC AG PKT 2008-05-27 #L
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CITY OF SEAL BEACH
DEVELOPMENT SERVICES DEPT.
SUPPLEMENTAL MEMORANDUM
AGENDA ITEM L
To:
Mayor and City Council
Attention:
David Carmany, City Manager
Quinn Barrow, City Attorney
Lo::e Whittenberg,Director of Development Servi~/() .
May 21, 2008
From:
Date:
SUBJECT: PUBLIC HEARING DE NOVO -- CONDITIONAL USE
PERMIT NO. 08-2, 12415 SEAL BEACH BOULEVARD
(PETSMART)
PetS mart Reauest for Consideration of Revised Condition 27 Lanauaae:
The City has received a letter frorn PetSmart, the appellant in the subject public
hearing, requesting approval of revised language for Condition 27, and requesting
some clarifying amendments to Conditions 6, 10, 11, and 12 that indicate the subject
conditions are in conformance with provisions of State law. A copy of the letter is
provided as Attachment 1.
Staff and City Attorney have reviewed the requested revised language to Condition
27 and have no objection to the proposed language. The City Council will still need
to determine whether to approve alternate language for Condition 27 or retain the
language set forth in Planning Commission Resolution 08-6.
The proposed amendments to Conditions 6, 10, 11, and 12 are clerical in nature and
indicate the subject conditions are in conformance with provisions of State law. Staff
requests that the City Council direct staff to revise these conditions as requested by
Pet Smart.
\\SBNAS\Users\LWhittenberg'My Documents\CUP\08-2.Supplemental Memo.05-21-QS.doc\LW\05-21-QS
Supplemental Memorandum re:
Public Hearing De Novo - Conditional Use Permit No. 08-2
12415 Seal Beach Boulevard (PetSmart)
May 21, 2008
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Communication Received re Appeal of Conditional Use Permit I (PetSmart):
The City has received a comment letter from Judith L. Granger, 12536 Montecito
Road, regarding the subject hearing de novo requesting that there be a 6 month
review. A copy of the letter is provided as Attachment 2 for the information of the City
Council.
CITY COUNCIL OPTIONS re: APPEAL:
After receiving all public testimony and considering the decision of the Planning
Commission, the City Council has the following options:
1) Direct staff to draft a resolution conditionally approving Conditional Use Permit
08-2 with appropriate conditions, including the requested amendments to
Conditions 6, 10, 11, and 12 .as requested by PetSmart in their letter of May
19,2008,or
2)
Direct staff to draft a resolution conditionally approving Conditional Use Permit
08-2, including the requested amendments to Conditions 6,10,11, and 12 as
requested by PetSmart in their letter of May 19, 2008, and to either delete
Condition 27 or revise Condition 27 with alternative condition language
determined appropriate by the City Council.
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Attachments: (2)
Attachment 1:
Letter from PetSmart re: PetSmart's Appeal of Planning
Commission Hearing Resolution No. 08-6 Approving
Conditional Use permit 08-2; 12415 Seal Beach
Boulevard (PetSmart), dated May 19, 2008
Attachment 2:
Letter from Judith L. Granger, 12536 Montecito Road,
dated May 8, 2008
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08-2.Supplemental Memo.05-21-QS
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Supplemental Memorandum re:
Public Hearing De Novo - Conditional Use Permit No. 08-2
12415 Seal Beach Boulevard (PetSmart)
May 21, 2008
ATTACHMENT 1
LETTER FROM PETSMART RE:
PETSMART'S APPEAL OF PLANNING
COMMISSION HEARING RESOLUTION NO.
08-6 APPROVING CONDITIONAL USE
PERMIT 08-2; 12415 SEAL BEACH
BOULEVARD (PETSMART), DATED MAY 19,
2008
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08-2.Supplemental Memo.05-21-QS
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. pnSMART
1960 I North 27th Avenue. Phoenix, AZ 85027 . (623) 580-6100
Ellen S. Frank
Senior Counsel, Land Use and Real Estate
Direct Phone: (623) 587-2813
Direct Fax: (623) 58()"6137
Internet Address: efrank@Ssg.petsmart.com
VIA EMAIL AND REGULAR MAIL
May 19,2008
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Mr. Lee.Whittenberg
Director of Development Services
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, CA 90740
Re: PetSmart's Appeal of Planning Commission Hearing Resolution No. 08-6 Approving
Conditional Use Permit 08-2; 12415 Seal Beach Boulevard (petSmart)
Dear Mr. Whittenberg:
PetSmart appreciates the effort the City Staff and City Attorney has made in working with
PetSmart to come up with compromise language of Condition 27 of the above-referenced
Conditional Use Permit. However, PetSmart has proposed changes to the City Staff's suggested
language of Condition 27 as was stated in the Agenda Report, dated May 12,2008.
PetSmart feels that there is a greater burden to its business if there is notice given to all property
owners and occupants within a 300 foot radius of PetS mart's business operations requesting
colDl'l'ients as to the compatibility of its business operations with neighboring uses or non-
compliance with conditions of approval.
Petsmart has revised the Staffs suggested language of Condition 27 as follows:
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No earlier than 8 months and no later than 10 months after the opening of the subject
business operation, City Staff shall investigate whether any significant (1) police or other
. problems have occurred in comlection with the business operation or (2) legitimate
complaints have been filed that the business operation has not complied with the conditions
of approval (collectively "Significant Problems and Complaints"). If Significant Problems
and Complaints have occurred, the business operation shall be entitled to supply evidence
regarding the remediation of such problems or any support for why such problems are not
significant or legitimate. Upon receipt of any evidence supplied by the business operation,
Mr. Lee Whittenberg
PetSmart Store #2078
May 19,2008
Page 2 of2
City Staff shall further investigate any Significant Problems and Complaints, if any, and
then work with business operation to cure any complaint City Staff feels is a legitimate
ongoing concern. City StaffwiU place a report on the Planning Commission Agenda of any
valid Significant Problems and Complaints remaining that have not been cured by business
operation for review and consideration by the Commission. If the Commission determines
that the business operation has received Significant Problems and Complaints that have not
been remediated, it shall instruct City Staff to infonn the business operator of such
determination, and indicate that a revocation hearing will be scheduled within 45 days
pursuant to Condition 29. At the public revocation hearing, the Applicant may contest such
failure and supply evidence as appropriate. Appeals may be made by any person aggrieved
including the Applicant and during the pendency of such appeal, the Conditional Use may
continue unabated.
We feel the above language more closely ties to the initial language in Condition 27 with respect
to the inquiry which is to be unde~en.
PetSmart is also requesting Conditions 6, 1_0, 11 and 12 be amended to add language that those
operational conditions are pursuant to State law. Suggested changes blacklined as follows:
6. An 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.. eR6-es .
Bpprol3riate tEl taeir neees.unless otherwise directed by a licensed veterinarian or licensed
veterinary technician.
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
determined. as provided bv State law.
11. Any sick or injured animal must receive appropriate care and treatment immediately~
provided by State law.
12. No wild or dangerous animals. as defined in Califomia Fish and Game Code. Section
2116~2127 and Califol'nia Admin. Code Title 14 & 671. shall be offered for sale or adoption.
Thank you for your continued efforts in assisting us to resolve this matter and we look forward to
doing business and operating a successful PetSmart store in Seal Beach.
Btb~~
Ellen S. Prank
Senior Counsel, Land Use and Real Estate
Enclosures
cc: Mindy Leigh
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Supplemental Memorandum re:
Public Hearing De Novo - Conditional Use Permit No. 08-2
12415 Seal Beach Boulevard (PetSmart)
May 21, 2008
ATTACHMENT 2
LETTER FROM JUDITH L. GRANGER, 12536
MONTECITO ROAD, DATED MAY 8,2008
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08-2.Supplemental Memo.05-21-QS
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Judith, Granger
Bridgecreek Villas
12536 Montecito Road
Seal Beach, CA 90740
May 8, 2008
RE: APPEAL OF CONDITIONAL USE PERMIT / PETSMART
Although I feel that Rossmoor Shops presented a thorough (healthy) history of
PetSmart's other locations; I still feel the Planning Commission (as I watched on Channel
3) gave an excellent accounting for the 6 Month Conditional Use Permit.
Bridgecreek Vdlas sits directlv behind the DroDosed site, so it is a wise decision to see
if its operations are as stated and pose no problems to the homeowners in such close
approximation to same.
I vote. for the 6 Month review.
Thank you for listening,
. if--Y
Judith L. Granger
AGENDA STAFF REPORT
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DATE:
May 12, 2008 .
Continued to May 27,2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PUBLIC HEARING DE NOVO -- CONDITIONAL USE
PERMIT NO. 08-2, 12415 SEAL BEACH BOULEVARD
(PETSMART)
SUMMARY OF REQUEST:
After receiving all public testimony, the City Council has the following options:
1) Direct staff to draft a resolution conditionally approving Conditional Use
Permit 08-2 with appropriate conditions, or
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2)
Direct staff to draft a resolution conditionally approving Conditional Use
Permit 08-2 and to either delete Condition 27 or revise Condition 27 with
alternative condition language determined appropriate by the City Council.
BACKGROUND:
On February 20, 2008 the Planning Commission conducted a public hearing and
approved the subject request subject to certain terms and conditions.
The Commission conditionally approved the CUP on a 4-0-1 vote (Chairperson
Deaton was absent). Please refer to Attachment 2 to review Planning
Commission Resolution No. 08-6 for the findings and determination of the
Planning Commission regarding the cqnditional use permit. Please refer to
Attachment 3 to review the Planning Commission Minutes of February 20, 2008
and to Attachment 4 to review the Planning Commission Staff Report of February
20, 2008. .
The Applicant timely appealed the Planning Commission's decision because the
Applicant does not want an automatic review of the CUP (please refer to
Attachment 1), and the matter is now before the City Council for consideration at a
de novo public hearing.
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Agenda Item L
Z:\OS-27-QS Council Meeting - Agenda Items\DS - Staff Report - L - CUP #OS-2 Appeal- 1241S SBB
(PetSmart).doc\LW\OS-OS-OS
Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
May 1~, 200B
Continued to May 27, 2008
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FACTS:
a The Planning Commission held a duly noticed public hearing on February 20,
2008 to consider Conditional Use Permit 08-2. Both written and oral evidence
was submitted for the project. At the public hearing the applicant and
representatives of PetSmart spoke in favor of the request. At the public hearing
1 person spoke in opposition, indicating that he also represented 2 other
persons. After receiving all public testimony the Planning Commission closed
the public hearing and after discussion, the Commission approved the
requested PetS mart store facility and as a condition of approval for CUP 08-2
imposed a condition requiring a subsequent review of the Conditional Use
Permit by the Planning Commission at a public hearing (Condition 27). The
Commission adopted Resolution 08-6 imposing the conditions on February 20.
2008.
a On March 3,2008 an appeal was filed (See Attachment 1). The matter is now
before the City Council for consideration at a de novo public hearing.
STANDARD OF REVIEW FOR CONDITIONAL USE PERMIT:
Conditional Use Permit:
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Under Municipal Code Sections 28-2503 and 28-2504, all conditional use permit
requests must be evaluated in light of three issues:
1) Is the use conditionally permitted in the zone?;
2) Is the use compatible with the General Plan?; and
3) Is the use compatible with, rather than detrimental to, surrounding uses and
the community in general?
APPELLANTS REASONS AS TO WHY THEY FEEL THE
PLANNING COMMISSION DECISION WAS IN ERROR:
Please refer to Attachment 1 to review the written "Applicant's Statement to
Appeal Application to City Council".
The appellant/applicant is requesting that the City Council delete Condition 27
and substitute the appellant/applicant's proposed condition language. Property is
located at 12415 Seal Beach Boulevard.
DISCUSSION RELATING TO THE "STANDARDS OF REVIEW" FOR
CUP APPROVALS:
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The subject application is a conditionally allowable project, and the Planning
Commission was required to make the findings specified in Municipal Code
os . Staff Report. V - CUP #OS-2 Appeal - 12415 SBB (PetSmart)
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
M~ 12, 3{)OS
Continued to May 27, 2008
Sections 28-2503 and 28-2504 in order to approve the application. The Planning
Commission determined that by imposing conditions set forth in Resolution 08-6,
the Commission could make the required findings.
Specifically, the Condition 27 language being appealed has become a "Standard
condition" language imposed by the Planning Commission on generally all
Conditional Use permits; the varying factor is the determined review period - either
6 or 12 months generally. The specific language of Condition 27 is:
"The term of this permit 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
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 submitted to
the City prior to consideration of an indefinite extension."
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Please refer to Section 5 of Resolution 08-6 (Attachment 2) to review the findings
and determinations of the Planning Commission regarding the determinations
relative to the CUP approval. Upon conclusion of the public hearing before the City
Council, the Council will also be required to make appropriate findings regarding is
compatibility with the General Plan and with the surrounding neighborhood
regarding Conditional Use Permit 08-2.
Resolution of the appeal issue will depend on the Council's view as to whether the
proposed condition language of the appellant/applicant still allows for the project to
be consistent with the intent, purpose and vision of the General Plan and the
implementing zoning ordinance provisions of the City. During Planning
Commission discussion on February 20 the issue of compatibly with provisions of
the General Plan was discussed by one person (Refer to Attachment 3).
Additionally, it will depend on the City Council's review of the evidence presented
during the public hearing regarding impacts to the surrounding community of the
proposed project at the subject property.
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Suggested language by PetSmart to replace current Condition 27 language is:
"PetSmart will receive written notice of any failure to comply with the
conditions in the Conditional Use Permit at least 30 days prior to the
revocation or modification of the Conditional Use Permit as provided
for in Article 28. Notwithstanding the terms of Article 28 (d), if the use
is exercised in the manner required by the terms or conditions of the
approval, the mere existence of such use shall not be deemed to
constitute a nuisance.
os - Staff Report - V - CUP #OS-2 Appeal - 12415 SBB (PetSmart)
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
May 1~, ~ggB
Continued to May 27, 2008
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Continued failure to comply shall be referred to the Planning
Commission for report and recommendation and to the City Council
for public hearing. At the public hearing, the Applicant may contest
such failure and supply evidence as appropriate.
Appeals may be made by any person aggrieved including the
Applicant and during the pendency of such appeal, the Conditional
Use may continue unabated."
The basic issue in this appeal matter is the concern of PetSmart that the review
required by Planning Commission Condition 27 may result in the loss of the right to
conduct the business after a substantial investment and that the City can
accomplish a similar review based on non-compliance with the other conditions
imposed pursuant to Planning Commission Conditions 19, 20, 24, 25 and 29.
Please refer to the referenced "Applicant's Statement to Appeal Application to City
Council," included as part of Attachment 1.
This issue is a matter of discretion by the City Council. The Condition 27 language
has become a "standard condition" that is routinely imposed by the Planning
Commission. The intent is to allow for the public to be able to respond to a notice
of a public hearing after a specified time period to allow for the Commission to .
receive public input in determining if the conditions imposed for a particular
business operation need to be modified after there has been some "real-life"
experience with the allowed use. This is the first tome that Staff can recall that the
Condition 27 language has been appealed.
Staff feels that the Commission wishes for Pet Smart to be successful and a good
neighbor and understands somewhat the concern regarding the potential denial of
a required following approval of an indefinite request. In an effort to provide a
compromise between the Commission language of Condition 27 and the suggested
language of the applicant, Staff and the City Attorney propose the following
alternate Condition 27 language for consideration by the City Council:
"27. No earlier than 8 months and no later than 10 months after the
opening of the subject business operation, City staff shall
provide a notice to all property owners and occupants within a
300-foot radius of the subject property of a staff review of
compliance with conditions of approval for such business
operation, requesting comments as to the compatibility of the
business operation with neighboring uses or non-compliance
with conditions of approval. Upon receipt of any public
comments staff shall place a report on the. Planning
Commission Agenda for review and consideration by the
Commission. If the Commission determines that the business
operation is not operating in compliance with the conditions of
approval, it shall instruct Staff to inform the business operator
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os . Staff Report. V - CUP #OS-2 Appeal. 12415 SBB (petSmart)
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
M3j' 12, 2()QIJ
Continued to May 27, 2008
of such determination, and indicate that a revocation hearing
will be scheduled within 45 days pursuant to Condition 29."
CITY COUNCIL OPTIONS re: APPEAL:
After receiving all public testimony and considering the decision of the Planning
Commission, the City Council has the following options:
1) Direct staff to draft a resolution conditionally approving Conditional Use
Permit 08-2 with appropriate conditions, or
2) Direct staff to draft a resolution conditionally approving Conditional Use
Permit 08-2 and to either delete Condition 27 or revise Condition 27 with
alternative condition language determined appropriate by the City Council.
FISCAL IMPACT: Possible impacts to city receipt of property tax and
sales tax revenues if business operation does not open within the City.
\
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Director of Development Services
NOTED AND APPROVED:
C3-./~
David Carmany
City Manager
Attachments: (5)
Attachment 1 :
Appeal of PetSmart, received March 3, 2008
Attachment 2:
Planning Commission Resolution 08-6, adopted
February 20, 2008
Attachment 3:
Planning Com,mission Minutes: February 20, 2008
Conditional Use Permit 08-2, Planning Commission
Staff Report, dated February 20, 2008
Attachment 4:
Attachment 5:
Project Development Plans
os - Staff Report - V - CUP #OS-2 Appeal. 12415 SBB (petSmart)
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
May 12, ~()B
Continued to May 27, 2008
ATTACHMENT 1
APPEAL OF PETSMART, RECEIVED MARCH 3, 2008
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os - Staff Report - V - CUP #OS-2 Appeal. 12415 SBB (PetSmart)
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· PnSMARt
1960 I North 27th Avenue. Phoenix, AZ 85027 · (623) 580-6100
Andrew Whiteaker
Zoning Manager
Direct Phone: (623) 587-2570
. Direct Fax: (623) 580-6131
Internet Address: awhiteaker@ssg.petsmart.com
VIA EMAIL AND REGULAR MAIL
May 8, 2008
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Mr. Lee Whittenberg
Director of Development Services
CitY of Seal Beach
City Hall
211 Eighth Street
Seal Beach, CA 90740
Re: PetSmarfs'Appeal of Planning Commission Hearing Resolution No. 08-6 Approving
Conditional Use Permit 08-2
Dear Mr. Whittenberg:
This letter serves as Applicant PetSmart's request that the appeal of the above-referenced
Conditional Use Permit currently scheduled on the May 12,2008 City Council's Agenda be
continued and placed on the Agenda for the next available City Council meeting.
I apologize for any inconvenience.
Sincerely,
/1.1<iIt-- -
~w Whiteaker
Zoning Manager
. cc: Mindy Leigh (via email)
ePiTSMARI
FILE COPl
1960 I North 27th Avenue. Phoenix, AZ 85027 · (623). 580-6100
Lisa Guenther
Assistant Zoning M~nager
Direct Phone: (623) 587-2620
Direct Fax: (623) 580-6137
Internet Address: 19uenther@ssg.petsmart.com
VIA EMAIL AND US REGULAR MAIL
April 1,2008
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Lee Whittenberg -
Director of Development Services
City of Seal Beach
City Hall
211 E~$ S~~~t ."1;
Seal Beach, CA 90740
Re: PetSmart's Appeal of Planning Commission Hearing Resolution No. 08-6 Approving
Conditional Use Permit 08-2 .
Dear Mr. Whittenberg:
This letter serves as Applicant PetSmart's request that the appeal of the above-referenced
Conditional Use Permit be heard at the City Council's May 12,2008 meeting.
Best regards, .
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Lisa Guenther
Assistant Zoning Manager
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APPEAL APPLICATION
TO CITY COUNCIL
For Office Use Only
Planning Comm. Resolution No.:
Approval Denial Other
City Council Date:
Planning Commission Date:
Planning Commission Action:
Date Appeal Filed:
Notice Date:
City Council Action: .
Resolution No.:
1.
2.
Property Address: \~Y\'S Se~\ ~e.o.c..'h ~\J '6 (~e.\~\"0Q~ '\
Applicanfs Name: "e:\~~ I ~c....
Address: \91cO\ . d-r\'h A-~. ,~~\.")( A"'2 CB~ /
Work Phone: {lo~~ ~ 7 - d. to ~D Mobile: ( )
Home Phone: ( .) FAX: (~3) SSo-Col"3 "7
Property Owner's Name: ~c:..J\tl~""1R &'hOfS, i LLc..
Address: a. 6 \ \ ~ll "So h \a.e.. B ~ I,.) 6 I ~ U. \. ~ (p 4 0 ~n6. O"co\~,
Home Phone: {3E~ ~ (04 - L(i qot I vA qOLD ~
3.
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4. The undersigned hereby appeals the following described action of the Seal Beach
Planning Commission concerning Public Hearing No. OB-Co ne\b on
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Attach a statement that explains in detail why the decision of the Planning
Commission is being appealed, the specific conditions of approval being appealed,
and include your statements indicating where the Planning Commission may be in
~~!~ ~~
(Signature of Applicant) (Signature . er)
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~~~ r .xvC-. M.Oulelv:t' ~l-r.e.l
(Print Name) " (Print Name)
~ -d. <1 - 08 7-/2/1 /?-OO~
(Date) (Date)
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Applicant's Statement to Appeal Application to City Council
Applicant: PetSmart, Inc./Property Owner: Rossmoor Shops, LLC
Planning Commission Hearing Resolution No. 08-6 Approving Conditional Use Permit 08-2
On February 20, 2008, the City of Seal Beach Planning Commission approved Conditional Use
Permit 08-2, as passed, approved and adopted under Resolution No. 08-6.
Applicant, PetSmart, Inc., ("PetSmart'') is appealing the Planning Commission Resolution No.
08-6 to have Condition No. 27 removed from Conditional Use Permit 08-2.
Condition No. 27 states that the term of the Conditional Use Permit will be twelve (12) months;
however PetSmart was informed that a revised Resolution will be issued by the Planning
Commission changing the term to six (6) months. Further, this Condition states that the
Planning Commission may grant an indefinite extension, provided that all conditions of approval
have been met and no significant police or other problems have occurred and that a new
application and accompanying fee must be paid to the City prior to consideration of the
indefmite extension.
PetSmart understands that the procedure for applying for an indefinite extension will involve a
filing fee and new application, as well as _public I\otice to the surrounding property owners, a
new staff -report, a public hearing and a final resolution that may result in modified --and/or
additional conditions after PetSmart's considerable investment in the center.
PetSmart understands that Condition No. 27 is recommended by the Planning Commission for
Conditional Use Permits granted to businesses that have unusual operating hours, sell or serve
alcohol, or presumed to be a potential problem to the neighborhood, and is not a standard
restriction in the Seal Beach Zoning Code.
PetSmart's building and its policies and procedures are designed to mitigate any possible
nuisances that may impact the center and surrounding residents. Furthermore, PetSmart is the
leading worldwide operator of retail stores specializing in the sale of small pets, pet food,
supplies, accessories, veterinary ca,re, pet grooming, training, and boarding services. There are
over 1,000 PetSmart stores throughout the United States, with over 100 PetsHotels, and PetS mart
has been a positive influence in the neighborhoods and cities in which it conducts its operations
including delivering Total Lifetime Care for pets and strengthening the special bond that exists
between pets and pet parents, not to mention saving over 3,000,000 homeless pets lives though
its PetSmart Charities Program.
Although PetSmart is certain it will meet all conditions of approval in Conditional Use Permit
08-2, it cannot make the considerable investment in fixtures, merchandise, and hiring associates
from the community for the store at The Shops at Rossmoor with anything less than an indefInite
approval of Conditional Use Permit 08-02. -
It is PetSmart's understanding, based on Article 25 and Article 28 of the Seal Beach Zoning
Code, that failure to comply with any of the conditions in Conditional Use Permit 08-2 (which
conditions affect the entire ooeration of this PetSmart store) may result in the revocation of said
Condi~onal Use Permit and therefore Condition No. 27 is redundant and PetSmart respectfully
requests removal of this condition.
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
May 13, 20gs
Continued to May 27, 2008
ATTACHMENT 2
PLANNING COMMISSION RESOLUTION
08-6, ADOPTED FEBRUARY 20,2008
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DS - Staff Report - V - CUP #OS-2 Appeal - 12415 SBB (PetSmart)
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RESOLUTION NUMBER 08-6
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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 ~ERVICES, PET GROOMING, PET.
TRAINING, AND PET ADOPTION SERVICES AT
12415 SEAL BEACH BOULEVARD, SEAL BEACH
(pETSMART).
THE PLANNING COM1\lISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
. -" .... ....... . ,~... ........Section 1..-.. . .~On. January..16,..-2Q08;.-Austin .Podrat ,filed ,an.-application ,for ...
. . . ., Conditional Use Permit 08-2 with the Department of Development Services.- .
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Section 2. The applicant is 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, Seal Beach.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, staffhas determined
as follows: The application for Conditional Use Permit 08-2 for the requested land use
ent;itlements at a proposed pet store is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 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 01' 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 Commission received written and oral evidence on the
proposed project.
Section 5.
The record of the public hearing of February 20,2008 indicates the
following:
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(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 :aoulevard. .
10f6
Planning Commission Resolution No. 08-6
COnditiOnalUsePennft08-2
12415 Seal Beach Boulevard (petSmart)
February 20, 2008 .
(b) The subj ect 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 of Ross moor.
EAST: Commercial uses within the General Commercial (C-2) Zone (Old Ranch
.................. ......Town..Center)~ ...... ... .................... ..... ,.."......
WEST:
Residential uses within the Residential High Density (RED) Zone;
Residential uses within the unincorporated community of Ross moor.
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(e) The pet store will 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 ~5 of this resolution and pursuant to ~~ 28-1300, 28-2503-2504 of the City's Code. the
Planning Commission makes the following findings:
(a) Conditional Use Permit 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 Permit. The use as a pet store
with pet boarding facilities, veterinary service~, pet groqming, pet training, and pet adoption
services is also consistent with the remaining elements 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 appliqable buildii::J.g and fire codes ensures there will be
adequat~ water supply and utilities for the proposed use.
c. The pet store, if properly conditioned and enforced, is .
compatible with the character of the surrounding area. Adherence to conditions of approval
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Planning Commission Resolution No. 08-6
Conditional Use Permit 08-2
12415 Seal Beach Boulevard (petSmart)
February 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 Permit 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.,
Mondaytbrough Saturday, and from 8:00 a.m. to 7:00 p.m. on Sunday.
" .."... 4~..... Applicant.shall obtain a City.of.SealBeach.business.1icense,las"wen..as,.any.awli~able. ...., . .., .
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 m;n;m;'7.e fecaJ. 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 an;mals'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 determined.
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.
3of6
Planning Commission Resolution No. 08-6
Conditional Use Permit 08-2
12415 Seal Beach Boulevard (petSmart)
February 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 Permit
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 are~ shall remain closed at all times, 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 of10:00 p.m. and 7:00 a.m.
18. Litter and trash receptacles shall be located at convenient locations inside and outside the
establislnrient. Operators of such establishments shall remove trash and debris on an
appropriate basis so as not to cause h~alth problems. There shall be no dumping of trash
. ....... ..... ..... ...... ~....."ooutside th:e,'estahlishment~between..-th.ehours..of..lO\QQ'p,ml"and 1:00 a,m." -\. ....~...- .,.,... . ...".... ... .....".......",.....,
..:....., ,t r.. .,
~. "..-:' .... ~ ...: ".' I .".. I'" ..
19.
In the event staff determines security problems exist on the site, the Conditions of this
permit 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 permit for reconsideration
and may require the applicant/business 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 lightirig and security plan shall be submitted to the Director of Development Services
for approval prior to the issuance of a b~lding 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" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
A modification of this CUP shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
24.
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4of6
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Planning Commission Resolution No. 08-6
Conditional Use Permit 08-2
12415 Seal Beach Boulevard (petSmart)
February 20, 2008
b. There is a substantial change m 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 Citv of Seal Beach if harm or
retail-related problems are demonstrated to occur as a result 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 Permit shall become null and void unless exercised within one (1)
year of the date of final approval, or such exteIision of time as may be granted by the
Planning Commission pursuant to a written request for extension submitted to the
Department of Development Services a minimum of ni:i:J.ety (90) days prior to such
expiration date.
The term of this permit 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-
~.,,( ...:. .., .','."" ,'.,. <"'.,.~.'..:J:he-,Pl-amrlng)l'€ommissien: .may...grant..an. indefinite..extemsion; provided. .tha'ti.aJ1,.th.el'''~: ...Il".... ....:,'
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.
.
.
27.
28. The applicant shall indemnify, defend and hold harmless 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 cOIporations 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, cOIporation 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 attomeys' 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 Plarining 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
Sof6
Planning Commission Resolution No. 08-6
ConditionalUsePennu08-2
12415 Seal Beach Boulevard (petSmart) .
February 20,2008
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
Roberts
-Chairperson, Planning Commission
Lee 'ttenberg
,... ......". S'ett~m-y;'Pta:tifiitIg' Cb:tnnJissiorl' ',-...' '. -
..:,.. .,i~... I.... ',4 ,.! ............,. ,'-' ..-: 'f':'" . ...;"..~.. . ,~. "' ,.", . '~'... ;",:1 ~ ,-"" . V.'
.....r r.L..;.....,..,.
*****
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit .08-2
M~ 12, 20gs
Continued to May 27, 2008
ATTACHMENT 3
PLANNING COMMISSION MINUTES: FEBRUARY 20, 2008
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os - Staff Report - V - CUP #OS-2 Appeal - 12415 SBB (PetSmart)
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41 Mr. Flower advised that the adoption of Resolution No. 08-3 begins a 10-day calendar
42 appeal period to the City Council. The Commission action tonight is final and the
43 appeal period begins tomorrow morning.
44 2
._' " 5. Conditional Use Permit 08-2
12415 Seal Beach Blvd. (PetSmart)
City of Seal Beach Planning Commission
Meeting Minutes of February 20, 2008
that this would provide flexibility to extend the hours of operation, should the community
desire this. Vice-Chairperson Roberts asked if all Sprouts locations sell alcoholic
beverages. Mr. Brewer stated that the owners of Sprouts Farmers Market formerly
owned Henry's Natural Food Markets. He explained that Sprouts specializes in health
foods and organic wines, and most customers who shop in traditional large grocery
stores would expect to have all of the same amenities when shopping at Sprouts. Vice-
Chairperson Roberts asked if the plans reflect the total number of tables and seats .
proposed for the outdoor seating. Mr. Brewer stated that he believes the plans reflect
the correct number of seats. Mr. Olivera stated that City Code does limit outdoor
seating to 12 seats. Mr. Whittenberg clarified that the current Zoning Code (ZC) does
not set a limit; however, the proposed ZC will limit this to 12 seats. He indicated that the
condition as proposed approves the project in accordance with the plans submitted,
which show three 4-seat tables. Mr. Brewer added that Sprouts has no intention of
allowing consumption of alcohol in the outdoor seating area and will post signage
prohibiting this.
There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
hearing.
Commissioner Comments
Vice-Chairperson Roberts polled the Commission regarding Mr. Brewer's request for a
change in the hours of operation. Mr. Whittenberg stated that Staff is recommending a
one-year review of this CUP. Commissioner Massa-Lavitt stated that she does not
believe Sprouts will become any kind of "hangout" and a 7:00 a.m. opening time would
be convenient for shoppers wishing to make a purchase before work. Vice-Chairperson
Roberts asked if Mel's Diner were open until 11 :00 p.m. Mr. Whittenberg stated that he
believes the closing time for Mel's is 1 :00 a.m. and the closing time for the other
restaurant uses is 11 :00 p.m. on weekdays and midnight on weekends.
Commissioner Massa-Lavitt stated that Sprouts would be a great asset to the City.
MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 08-1,
subject to conditions, and' adopt Resolution 08-3 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1 .
Roberts, Bello, Delay, and Massa-lavitt
None
Deaton
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c_....
City of Seal Beach Planning Commission
Meeting Minutes of February 20, 2008
Applicant/Owner:
Austin Podrat/Rossmoor Shops LLC
.
Request: To establish a pet store with pet boarding facilities and
veterinary services. The store will also provide pet
grooming, pet training, and pet adoption services.
Recommendation: Approval, subject to conditions, and adoption of Resolution
08-6.
Staff Report
Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
Department.) He provided some background information on this item and noted that the
proposed pet store will measure approximately 27,696 sq. ft. and will be part of a new
structure to be located where the existing Roger Dunn golf shop is and former Contours
Express women's gym was located. He stated that the nearest residences are
approximately 150 feet to the west of the proposed building, directly behind. He stated
that the Shops at Rossmoor' management had conducted a community meeting on
February 11, 2008, with homeowners associations for the surrounding residential
properties to address concerns regarding locating a pet store at the proposed location.
Mr. Olivera then noted that he had visited existing PetSmart stores in Signal Hill and
Long Beach and found them to be very clean and with no evidence of noise emanating
from the pet hotel at the Long Beach store. He said that this new construction is to be
built to pet store specifications with noise attenuation and soundproof walls. He
indicated that Staff has received no comments in response to the public notices for
Conditional Use Permit 08-2 and Staff is recommending approval, subject to conditions.
.
Mr. Whittenberg noted that Staff has provided a memorandum outlining modifications to
the Conditions of Approval.
Commissioner Questions
Vice-Chairperson Roberts asked what the capacity is for the PetS mart pet hotel in Long
Beach. Mr. Olivera stated that when visiting the store he heard no noise at all when he
walked into the pet hotel section, but once he walked through the kennels he noted that
75% of them were occupied with well behayed animals. When he inquired about this,
the manager explained that pets are screened before they are taken in and aggressive
dogs with obedience problems are not allowed.
Public Hearina
Vice-Chairperson Roberts opened the public hearing.
Austin Pod rat of Century National Properties (CNP) and Rossmoor Shops LLC stated
that they are in full agreement with all of the conditions of approval and appreciated the
help of Staff in preparing the Staff Report. He said that CNP and the Rossmoor Shops
.
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City of Seal Beach Planning Commission
Meeting Minutes of February 20, 2008
look forward to providing the community with a first class pet operation. He indicated
that PetSmart has gone to great lengths to completely mitigate any odors or noise and
once the residents understood that the pet hotel and the veterinary services would be
completely contained within the premises, they had no further concerns regarding this
project.
Thomas Reilly stated that he lives in the Bridge Creek condominium complex at 12466
Montecito Road, which is immediately adjacent to the parking lot from the existing
Roger Dunn and Contours building. He said he opposes this plan and is also speaking
on behalf of Laura Gallo and Carolyn Borg. He stated that Ms. Borg had visited the
Long Beach PetSmart to observe the operation, and within one-half hour she observed
four dogs defecating outside the premises and there was no cleaning up after them. He
then expressed his firm belief that his homeowners association received no notice of a
community meeting, and their condos are the ones most immediately affected by this
project. He questioned whether the stores mentioned are close to any residential units,
and asked what recourse residents would have should they experience problems with
noise from this new PetS mart. Mr. Olivera mentioned that the PetSmart stores in Signal
Hill and Long Beach are not in close proximity to any residential areas. He added that
with regard to -noise, the project is conditioned that it must comply with.the City. of Seal---
Beach Noise- Ordinance, and if- there are any problems this project could be revisited
and the CUP could be revoked. Vice-Chairperson Roberts referred to the noise study
provided by PetSmart and asked if the measurements cited would meet the standards
for the City's noise ordinance. Mr. Olivera stated that they would.
Madelyn Jackrel of Century National Properties (CNP) and Rossmoor Shops LLC stated
that CNP had provided an invitation to all three of the condo associations, but later
found that the management of one of the associations had not distributed the notice.
She noted that one resident from Bridge Creek did come and was given a virtual tour
that alleviated her concerns. Vice-Chairperson Roberts asked how many residents had
attended the meeting. Ms. Jackrel reported that only 3 residents attended. She said
that the other associations invited had sent word that they were happy with the center.
Vice-Chairperson Roberts asked if the meeting addressed PetSmart only. Ms. Jackrel
stated that the discussion included the development of this final portion of the center
and PetS mart.
Bobby Mansuer, Orange County District Mi(inager for PetSmart, stated that with regard
to animal waste, all of the stores are equipped with an outdoor oops station for disposal
of waste and there are 4 of these stations inside each store. He said that all of the walls
in the pet hotel are metal studs with insulation, full height ceilings, and dropped ceiling
to create noise reduction. He noted that there are no open or outdoor kennels. Vice-
Chairperson asked what the capacity of the hotel would be. Mr. Mansuer stated that he
does not have an exact number, but noted that the Tustin Marketplace hotel has 100
rooms and the Long Beach hotel has approximately 140 rooms. Vice-Chairperson
Roberts stated that the study on noise and odors was quite impressive, particularly the
information on the separate ventilation systems for dogs and cats. Mr. Mansuer noted
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city of Seal Beach Planning Commission
Meeting Minutes of February 20, 2008
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that PetSmart does have a program that requires the manager to make hourly
inspections outside the store for waste that needs to be picked up.
Austin Pod rat emphasized that the operation at this center is first class with three
employees specifically dedicated to parking lot areas, to ensure that they are clean,
safe, and that landscaping is well maintained. He added that the evening security patrol
is also responsible for ensuring that the common areas and parking lots -are kept clean.
He indicated that this PetSmart hotel will have approximately 148 rooms (58 large
rooms, 78 regular size rooms, and 16 suites).
There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
hearing.
Commissioner Comments
Commissioner Massa-Lavitt stated that with the sound attenuation built in, one could not
possibly hear the dogs barking. She recommended revisiting this project to ensure that
there are no issues with noise. Mr. Flower noted that Staff has added a condition that
this approval be subject to a 12-month review. .
Commissioner Bello stated that she was not aware of all of the services offered for pets
through PetSmart. She indicated that she had researched the PetSmart Company
online and it appears that they do run a good operation.
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Commissioner Delay asked if a 6-month review period would be appropriate.
Mr. Whittenberg noted t~at if Conditional Use Permit 08-2 is approved and the City
begins to receive complaints related to the operation of this store prior to the end of the
review period, the City can bring the application before the PC for violation of their
Conditions of Approval.
Vice-Chairperson Roberts stated that he is concerned with sanitation, and noted that
PetSmart does have the clean-up stations both in the parking lot and inside the store.
He asked if there were a condition or procedure that would provide for cleaning of the
PetSmart parking lot area. Mr. Whittenberg noted that under the National Pollution
Discharge Elimination System (NPDES) s~andards imposed on cities by state water
quality boards, hosing down of parking lots would not be permitted. He indicated that
Staff would have to work with the applicant on this, as they would have to use
something with a sand base to it in a confined area with no drainage out of the area.
Vice-Chairperson Roberts then noted that, with regard to noise and odors, the reports
provided are quite complete and have relieved his concerns that these would be a
problem. He agreed that a 6-month review period would be appropriate. He
encouraged CNP and Rossmoor Shops to schedule another meeting to provide
opport~nity for more residents to attend.
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city of Seal Beach Planning Commission
Meeting Minutes of February 20. 2008
MOTION by Bello; SECOND by Delay to approve the Conditional Use Permit 08-2,
subject to conditions and a 6-month review, and adopt Resolution 08-6 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, Delay, and Massa-lavitt
None
Deaton
Mr. Flower advised that the adoption of Resolution No. 08-6 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
6. Variance 08-1
901-1101 Pacific Coast Highway (Seal Beach Center)
Applicant/Owner: Paul Sheppard/ Regency Centers
Request: To allow less than Code-required parking/shared parking
within an existing.shopping center.
Recommendation: Approval, subject to conditions, and adoption of Resolution
08-5.
Staff Report
Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
Department.) He provided SOl'T1e background information on this item and noted that the
proposed variance would allow the property owner, Regency Centers, to utilize a
parking demand analysis to justify a Variance for relief from Code required parking
standards. He explained that an original parking demand analysis showed 421 spaces
within the center being utilized with 438 spaces available, but when Staff calculated the
current individual uses within the center according to their respective parking
requirements, the total demand came to approximately 500 spaces. Staff also
discovered that the spreadsheet formulas used to calculate required parking totals were
not correctly adding the numbers and both Staff and Regency Center had relied on
these incorrect totals to determine the amoLl,nt of available parking within the center. He
indicated that once Staff noticed this error, Regency Centers was informed and after
consultation with the City Attorney Staff determined that a new Shared Parking Analysis
reflecting current and future projected uses within the center would be required, along
with an application for a Variance from required code parking standards, as the code
does not currently allow that a shared parking analysis be used in-lieu of code required
parking.
Mr. Olivera then stated that Staff feels, from a functional standpoint, there should be
adequate parking to serve all present uses within the center, but still has reservations
regarding the long term functionality of the parking lot, as vacant lease spaces remain
9 of 15
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Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
,AAay 12, ~OB
Continued to May 27, 2008
ATTACHMENT 4
CONDITIONAL USE PERMIT 08-2,
PLANNING COMMISSION STAFF REPORT,
DATED FEBRUARY 20, 2008
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os - Staff Report - V - CUP #OS-2 Appeal - 12415 SBB (PetSmart)
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February 20, 2008
STAFF REPORT
To:
From:
Honorable Chairperson and Members of the Planning Commission
Department of Development Services
Subject:
Conditional Use Permit 08-2 (petSmart)
12415 Seal Beach Boulevard
I GENERAL DESCRIPTION I
Aoolicant:
AUSTIN PODRAT
Owner:
ROSSMOOR SHOPS, LLC
Location:
12415 SEAL BEACH BOULEVARD
Classification ofPronertv: GENERAL COMMERCIAL (C-2)
Reauest:
FOR THE ESTABLISHMENT OF A PET STORE WITH PET BOARDING
FACll..ITIES AND VETERINARY SERVICES. THE STORE WILL ALSO
PROVIDE PET GROOMING, PET TRAINING, AND, PET ADOPTION
SERVICES.
Environmental Review:
Tms PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
REVIEW.
Code Sections:
28-1300; 28-2503; 28-2504
Recommendation:
.A:pPROV AL OF RESOLUTION 08-6, SUBJECT TO CONDITIONS OF
APPROVAL AS RECOMMENDED' BY STAFF, AND AS MAY BE
FURTHER REVISED BY THE COMMISSION AFI'ER
CONSIDERATION OF PUBLIC TESTIMONY.
Conditional Use Permit 08-2
Planning Commission Stqff Report
12415 Seal Beach Boulevard
February 20, 2008
.
I FACTS I
· On January 16, 2008, Austin Podrat ('~e applicant'') filed an application with the
Department of Development Services for Conditional. Use Permit 08-2 to establish a pet store
with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption
services.
· The subject property is located within the Shops at Rossmoor development, located west of
Seal Beach Boulevard and south of Ross moor Center Drive. .
· The proposed new structure will be approximately 48,210 square feet in area.
· The overall subject property (Shops at Rossmoor) is approximately 1,676,157 square feet
(approximately 38.48 acres) in land area and is developed with a large retail shopping center.
Tenants on the property include a combination of retail shops, financial institutions, specialty
stores, and restaurants.
· The nearest residential properties are located to the south, north and west of the property, and
include the community of Rossmoor and multi-family residential uses within the City of Seal .
Beach.
· The 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 (RHO) zone.
> EAST - Commercial uses within the General Commercial (C-2) zone (Old Ranch Town
Center).
> SOUTH - Commercial uses within the General Commercial (C-2) zone; Residential uses
within the unincorporated community of Rossmoor.
> WEST - Residential uses within the Residential High Density (RHD) zone; Residential
uses within the unincorporated community ofRossmoor.
· Sergeant Tim Olsen with the Seal Beach PoU:Ce Department has reviewed the application and
has no reservations or concerns regarding the subject request.
· As of February 14,2008 the Planning Department has received no correspondence, written or
otherwise, in response to the hearing notices that were mailed and published for the proposed
project CUP 08-2.
.
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Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
I DISCUSSION
I
The applicant's request is to establish a pet store with pet boarding facilities, veterinary services,
pet grooming, pet training, and pet adoption services. PetSmart currently operates approximately
1,000 stores in North America, and is the leading worldwide operator of retail stores specializing
in the sale of small pets, pet food, supplies, accessories, veterinary care, pet grooming, training,
and boarding services.
The proposed PetSmart store is approximately 27,696 square feet in area, and is to be comprised
of a combination of retail sales, a veterinary facility, a "PetsHotellDoggie Day Camp" facility for
the boarding of pets, pet grooming facility, pet adoption area, and a training area The remaining
store area is for offices and storage.
Dog TraininglEducationlGrooming
PetSmart is proposing to offer dog training and education for dogs of all ages, puppy through
adult. Typical classes would have an average of 5-7 pets and pet owners per class and are
conducted within an approximately 366 square-foot classroom within the store. The grooming
facility would be operated during regular store hours, with the exception of early drop-offs, and
would be located in a 950 square foot area of the store.
Pet Adoption
In lieu of selling dogs or cats at its stores, unlike most pet shops that offer live animals, each
PetSmart location donates a portion of its store to be used by local animal protective agencies
and shelters for the adoption of pets as an ongoing "effort to end animal euthanasia." The applicant
is proposing to house up to 10 cats in an approximately 122 square foot adoption facility for
adoption to qualified prospective owners. On occasion, a small area of the sales floor will be
used to facilitate the adoption of a handful of dogs. Local animal protective agencies and shelters
would bring dogs to the store during regular store hours for adoption and those dogs not adopted
would be returned to the shelter and would not be kept or boarded at the store. Staff has visited
nearby PetSmart locations in the cities of both Long Beach and Signal Hill and" found that the
permanent cat adoption facilities in both locations were well kept, clean, and free of any
excessive pet odors. Staff also had the opportunity to be at the Signal Hill location while a dog
adoption was taking place and found that there was a staff member, as well as an additional
volunteer, supervising the "animals to ensure that they stayed within a confined area and to assist
and answer any questions from prospective adoptive owners.
Page 3
Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard .
February 20, 2008
Veterinary Facility
The proposed veterinary facility would be a full-service veterinary care facility located within an
approximately 1,933 square foot area of the store and would be operated by Banfield, a licensed
affiliate of PetSmart. Banfield is one of the leading private veterinary practices in the nation and
also operates veterinary hospitals in the UK and Mexico. Veterinary services at this proposed
location would be provided by properly licensed professionals and would generally consist of
outpatient care, routine examinations and vaccinations, pharmacy, dental care, and most surgical
procedures. All medical waste generated onsite would be properly contained and handled by
experienced, qualified operators in accordance with established policies and local regulations.
Boarding or keeping of pets would not typically be offered by Banfield as a separate service,
however, an overnight stay may occasionally be offered for the safety and/or well being of a pet.
PetsHotel Facility
The PetsHotel offers overnight boarding services of cats and dogs, incidental to the retail store
operation. The facility is entirely indoor and fully enclosed in an approximately 7,235 square
foot area within the PetSmart store. There are no outdoor activities or outdoor pet runs
associated with the PetsHotel operation. From the time a pet checks in until it departs, the pet
never leaves the PetsHotel facility.
.
The building design and operations incorporate measures to eliminate any nuisance cause by
sound, odor, and/or pet waste. Since this will be new, ground-up construction, PetSmart has the
opportunity to incorporate sound attenuation and design features into the building to minimize or
eliminate any potential environmental impacts. The PetsHotel is fully air-conditioned and the
ventilation system filters the air constantly. Separate ventilation systems will be used in the
respective cat and dog areas so that they can't sense each others presence, minimi7.ing additional
stress to the animals. Staff was given a tour of the Long Beach PetsHotel facility by Mr. Jerome
Garrett, the PetsHotel manager, and found the facility to be extremely clean and well kept, and
pet odors were virtually non-existent. All of the resident pets seemed relatively happy, and while
there was some detectable animal noise within the lobby area of the PetsHotel, the lobby area is
completely enclosed within the store's interior and pet noise was virtually undetectable within
the store itself and non-detectable directly outside the store. Mr. Garrett explained to me that
aggressive dogs or dogs with behavior/obedience problems are not allowed at the PetsHotel, to
help minim],:e noise within the facility and minimize stress amongst other PetsHotel residents,
and all pet guests must show proof of vaccinations before they are accepted into the facility.
Special pet themed progr8l11ming is broadcast into the rooms and suites, there are social hours for
the pets, and there is even a "Bone Booth" to allow pet parents to call and speak with their pet
The PetsHotel design incorporates a "Pet Relief' room, i.e., a room with unique floor textures .
and odors designed to encourage pet waste to occur in this room. N evertb.eless, regardless of
where pet waste occurs, all pet waste is either flushed or washed directly into the sanitary sewer
Page 4
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Planning Commission StafJReport
12415 Seal Beach Boulevard
February 20, 2008
system. Staff found that even inside the "Pet Relief' room at the Long Beach store, odors were
virtually non-existent (A scientific Analysis of Odors at PetSmartslPetsHotels conducted by Dr.
Susan Schiffman of the Duke University Medical Center is provided as an attachment).
For the security of the pets, the PetsHotel will be staffed by trained associates twenty-four hours
a day, seven days a week. Staff feels that this does not necessarily constitute a ''twenty-four hour
business", which would require a CUP, but rather, in this case, staff that is on the premises after
hours acts more like a security guard would at any other business.
The PetsHotel will be open to the public during regular store hours, which would typically be
9:00 a.m. to 9:00 p.m., Monday through Saturday, and 10:00 a.m. to 7:00 p.m. on Sunday. Pet
grooming facilities would typically open earlier at 7:00 a.m., Monday through Saturday, and 8:00
a.m. on Sunday to allow pet owners the opportunity to drop pets off for grooming before leaving
for work.
"Doggie Day Camp" (Daytime Boarding)
Doggie Day Camp is an additional service that is being offered by PetSmart as part of the
PetsHotel facility. Doggie Day Camp offers daytime play, exercise, and socialization for dogs in
one of four climate-controlled playrooms, along with other dogs and PetSmart safety-certified
associates. Pet owners would have the option of purchasing full-day or half-day play for their
dog. The Doggie Day Camp is an entirely indoor activity. Dogs will occasionally be kenneled in
the event a pet needs to take a ''timeout'' or other break from the playrooms.
Summary
The primary issues of concem with this type of use are generally noise, odors, and
incompatibility with adjacent businesses or the neighborhood. Upon visiting PetSmart locations
within the City of Long Beach and the City of Signal Hill, Staff found that at both locations,
these issues were non-existent. The operation and layout of the PetSmart operations, as well as
the building designs, allowed PetSmart to exist harmoniously with adjacent businesses.
However, neither the Long Beach or Signal Hill locations are in close proximity to residential
areas, while the proposed Seal Beach location is approximately 150 feet from a residential area
which is located directly behind the proposed location. In response to concerns from some of the
residents within this area, Ms. Madeline Jackrel of Century National Properties conducted a
meeting with some of the adjacent condominium homeowners associations on Monday, February
11, 2008 to address questions that Century National Properties had received in response to the
proposed PetSmart. In a follow-up conversation with Ms. Jackrel after the meeting, Ms. Jackrel
explained to Staff that the residents in attendance at the meeting appeared satisfied their concerns
were address and did not believe that the use, if properly conditioned, would create an adverse
impact within the neighborhood. In addition, since this location is proposed to be new
Page 5
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Planning Commission Staff Report
12415 Seal Beach Boulevard .
February 20, 2008
construction to meet PetSmart's requirements, PetSmart also has the opportunity to incorporate
design features into the building that would further mitigate any potential adverse impacts as a
result of the business operation.
Based on Staff's first-hand experience with the business operation at two existing PetSmart
locations in the area, as well as an examination of the literature provided by the applicant, Staff
also feels that, if properly conditioned, this use would not create an adverse impact within the
shopping center or the adjacent residential neighborhood, and recommends approval of the
proposed project with conditions.
I RECOMMENDATION I
Section 28-2503 and 28-2504 of the Municipal Code sets forth "findings" which the Planning
Commission must make affirmative determinations regarding in order for a conditional use
permit to be granted. They are:
a The proposed use is compatible with surrounding uses, the community in general, and the
General Plan.
a The proposed use is compatible with surrounding uses and not detrimental to the .
neighborhood.
Staff recommends that the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit 08-2
subject to conditions.
Staff's recommendation is based upon the following:
· Conditional Use Permit 08-2, as proposed to be conditioned regarding business operations,
is consistent with the provisions of the Land Use Element of the City's General Plan, which
provides a General Commercial zoning designation for the subject property and permits the
proposed use, subject to the issuance of a conditional. use permit. The use is also consistent
with the remaining elements of the City's ~neral 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.
· The building and property at 12415 Seal Beach Boulevard are adequate in size, shape,
topography and location to meet the needs of the proposed use of the property, as proposed
to be conditioned.
. Required adherence to applicable building and fire codes ensures there will be adequate
wa~er supply and utilities for the proposed use.
. The proposed pet store, as proposed to be conditioned, is compatible with the character of
the surrounding uses and is not anticipated to detrimental to the neighborhood.
.
Page 6
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Conditional Use Permit 08-2
Planning Commission StajJReport
1241 j Seal Beach Boulevard
February 20, 2008
Approval of Conditional Use Permit 08-2 should be through the adoption of Resolution No. 08-
6, with the following conditions in place:
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 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 adeq~te 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 determined.
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.
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Planning Commission Staff Report
12415 Seal Beach Boulevard .
February 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 Permit
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 times, 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 eonvenient 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 determines security problems exist on the site, the Conditions of this
permit 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 permit 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 cons1;ruction.
22. A lighting and security plan for the driv~~thru area shall be submitted to the Director of
Development Services for approval prior to the issuance of a building permit for the
drlve-tbru area. 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" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
.
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Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
24.
A modification of this CUP shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in 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 harm or
_ retail-related problems are demonstrated to occur as a result 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 Permit 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 written request for extension submitted to the
Department of Development Services a minimum of ninety (90) days prior to such
expiration date.
27. The applicant shall indemnify, defend and hold harmless 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 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.
28. Failure to comply with any of these cQnditions may result in the revocation of this
Conditional Use Permit.
For: February 20, 2008
o e livera, AICP
or lanner
epartment of Development Services
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Planning Commission Sta.ff Report
12415 Seal Beach Boulevard .
February 20, 2008
Attachments (7):
1. Proposed Resolution 08-6
2. Application
3. Code Sections
4. Analysis of Odors prepared by Dr. Susan Schiffman, Duke University
5. Noise Analysis prepared by Dominion Environmental Consultants
6. Status of On-Site Environmental Issues
7. Plans
.
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Conditional Use Permit 08-2
Planning Commission Stciff Report
12415 Seal Beach Boulevard
February 20, 2008
ATTACHMENT 1
.
PROPOSED RESOLUTION 08-6, A RESOLUTION
OF THE PLANNING CO:MMlSSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT NO. 08-2, FOR THE
ESTABLISHMENT OF A PET STORE WITH PER
BOARDING FACILITIES, VETERINARY
SERVICES, PET GROOMING, PET TRAINING,
AND PET ADOPTION SERVICES AT 12415 SEAL
BEACH BOULEVARD (pETSMART)
"
.
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Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
RESOLUTION NUMBER 08-6
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CI'f.Y OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 08-2,
APPROVING 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 Permit 08-2 with the Department of Development Services.
Section 2. The applicant is 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, Seal Beach.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15301, staff has determined 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. ~ 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 of20% 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 Commission received written and oral evidence on the proposed
project.
Section 5.
following:
The record of the public hearing of February 20, 2008 indicates the
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Planning Commission StajJReport
12415 Seal Beach Boulevard .
February 20, 2008
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.
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 (RHO) zone.
SOUTH: Commercial uses within the General Commercial (C-2)
zone; Residential uses within the unincorporated community of Ross moor.
.
EAST:
zone (Old Ranch Town Center).
Commercial uses within the General Commercial (C-2)
WEST: Residential uses within the Residential High Density
(RHO) zone; Residential uses within the unincorporated community of Rossmoor.
e. The pet store will have approved operating hours of 7:00 a.m. to 9:00
p.m., Mondaytbrough Saturday, and 8:00 to 7:00 p.m. on Sunday.
Section 6. Based upon the facts cont~ed in the record, including those stated in ~5
of this resolution and pursuant to ~~ 28-1300, 28-2503-2504 of the City's Code, the Planning
Commission makes the following findings:
a. Conditional Use Permit 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 subj ect property and permits pet store
facilities subject to the issuance of a Conditional Use Permit. 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 elements 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.
Page 13
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Conditional Use Permit 08-2
Planning Commission StafJ Report
12415 Seal Beach Boulevard
February 20, 2008
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 surrounding area. Adherence to conditions of approval 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 Permit 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 otherwi~e 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, bo~ding 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.
Page 14
Conditional Use Permit 08-2
Planning Commission StqffReport
12415 Seal Beach Boulevard .
February 20, 2008
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 determined.
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.
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 an;mal.
14. No outdoor displays of animals or merchandise are allowed unless a Special Event Permit
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 times, 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 determines security problems exist on the site, the Conditions of this
permit 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 Ch!!pter 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 permit 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 for the drive-thru area shall be submitted to the Director of
Development Services for approval prior to the issuance of a building permit for the
drive-thru area. Lighting plan shall provide 'cut-off' or similar fixtures to ensure that
.
Page 15
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Planning Commission StafJ Report
12415 Seal Beach Boulevard
February 20, 2008
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" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
24. A modification of this CUP shall be applied for when:
c. The establishment proposes to modify any of its current Conditions of Approval.
d. There is a substantial change in 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 harm or
retail-related problems are demonstrated to occur as a result 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 Permit 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 written request for extension submitted to the
Department of Development Services a minimum of ninety (90) days prior to such
expiration date.
27. The applicant shall indemnify, defend and hold harmless 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 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.
28.
Failure to comply with any of these conditions may result in the revocation of this
Conditional Use Permit.
Page 16
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Planning Commission Staff Report
12415 Seal Beach Boulevard .
February 20, 2008
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the day of
2008, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
Ellery Deaton
Chairperson of the Planning Commission .
Lee Whittenberg
Secretary of the Planning Commission
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Page 17
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ATTACHMENT 2
APPLICATION
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Page 18
Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
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'7 !:..
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41!
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CITY OF SEAL BEACH
PUBLIC HEARING AP
Ill. I
t Se~'''!ces
Property Address: F"i Itl,.~ ~dJ1fPSS .,. B:J).\ ~''7 A&llf!?$s .I :J,tJ71-1 ~>3 5 .
PI ,. \ seal B"'~
County Assessor Parcel No: ea.:5e S~e a.+-t.eA~J. te.++4c'...elt+ ~I rrV6.
3. Applicant Name: Al.ts-l;~ ~Jy.f" .
Address: ~ ?II ~jts","~ f?lvd #= 6 +'0 S:,,,~ Mo~/~~ I ()f "O-fl"t'
Phone: Work (3'6 );? I ~... # 7 'IV Home: (3'd ) ;2 S ~ - .y s ::ro
FAX: ("3/t!J ) :< {II'" 4' '7 '6 Mobile: ('!' Ie)) ~ S~.. ~ ~~ t::J
E-Mail Address: a. D I"S &H/.)~tJ,P.~tJ-
. "
Property Owner Name: -Ross~, SJ,tJ's
Address~ 2?/1 fAJ:/sh;l'e UJvd :# &'"~"
Telephone: (3'/~ ) 2 (' ~- ~ 7 ,y
1.
2.
4.
~L.c:.
S".A-Itf MdJrl.t'4e \ e:.Jf! 'C~4~
5. General Plan and Zoning Designation: C. - :l.
6. Present Use of Property: ...Re.+tfI"/ ShdPP""'" ~e,,"t!',..
C7
7. Proposed Use of Property: R'e+t:l:1 S/'eJp~"Y ~,pM~J-
8. Request For: 'olld:+'tJJttt! /Jst!!!.- ~'IM;+ +-0 d/~u .,e". Q.. ,&?e+- .
S' h "/I ~lu, i If, +- t:I 1':./10 ~ J/;~" tl V roo/-,' $e, V ues.
III tJI 1'+,'0" +Ia." p*f'-:sett-u:re t"IiU I';.e,iutle. pe + ,,...,;.;,,,,,, +...:.:,;, ..it o.d.op+....ra.
9. Describe Proposed Use: P/""e:$'"ee. a-l+4~,J,d. (a.-I-+,uJ"~elt-l- ~) $tI""'c~'S.
..f~
10. Describe how the proposed improvements are appropriate for the character of the
surrounding neighborhood: TA~ ;V"~II1I"""'s ....:11 !'JI'.",'t/e +It. e""'M~II:"')'
w:-I/, .'. AI'S'f" ck5s Oe+ 5htt~ t!J JJe,.." 4 w:le "o',"e~v dl
, I ,
Se,,,:,es -10 p~+ t:Jc..JIt~'S.
Page 7
Rev. 8108
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11. Describe how the approval of this Permit would' be detrim~ntat in any way to other
propertytnthevlcihity: THere. t.J1"{1 he .H.e. JI",a..,.;ve '~",p~cT"$.
12. Proof of Ownership
please attach a pfiotoco!>y of a picture I.b. and a photocopy of the Grant Deed provided by
the applicant.
or
Sialied .and notarized Ptoperty Owner's Affidavit to be' completed and attached to the
application.
13. Leg~.1 Oe$ctiptlOn, (or attaCh d~ctlP.tiotl ftQm TItI~ Qr .Grant Deed)c P / 'liSt!! See
.1f/l"f-+oe,J, e J. (a. """ilcAwre,,+ S)
. .
By: 4 o::c- _
~ignature of Appncant)
Af4 SrI:1rr R,J,..~ .
(PInt Name)
1./11./ I ()~
(Date)
ey:
(Signat\:ll"e of Applicant)
(P1nt Kame)
.
(Date)
.~. .~.) :'; ....~.~:~.~.'..: :~~: ':'2:}r~';:-":,'~:~~.~~~y.se~~~~~~.:~',:' "',~'~. ',: ;~~.- >:~;~:~:~";~i:;~'..': .....
.,...!\..~.f.... b,",t,.., "oil :;-.;., ..'I..... .- '" ,.....-=r-'..... rye.(.....::r.. '!o:~.;"-", ~ .t~,,~~.~,;,.......-. '~P;A ....:.- .:--......v.,.. .:!.o;l' . . co: . ", I... "o, .
This is fa certIfY. that I ti~ 'tnsPeGls<fthe. foregoh:ig 'Sp(:lIiCaticin anl(! ~rid it ~ be ~oroUgh and comptete. it conforms to
rhe rul~'ofthEl 'City Of Sui Bea~' gOvernIng ~e',fillng. of an. ~PIJ!I~9ry ~r ai~ U~~~~!fle~ .~s~ ~.~!"1~.Ap.~nca~I~~
. "~::"~':"~':'" .... '.:: ,~... " . "~'~~' .""",~l'.-:~... '.':",~:. : ''''..=':'0:.::.. ..' r " ".,. <. " ;, ., .'
PTitrtNarneY.'," " , , ., ",.. _' .TItI,,'" ',',~.., :. ~.. (Date),":" .
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Page B
Rev. 6106
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Environmentall'nformatio'n and Checklist Foim
G&rterallnforrnation
1. Name and' address bf Developer or Project 'SPOii~Or':
N'~~ ..... t<:,SS#t!UfI' sJo~~., t..t.. t:::
Add'. 'J..<f1tf ~~/SJ,'r~' (?l~d _ if:- ~~c::. 00_. .,
City= ~I+. M~""e~ _ " Stat&~.-..~,~ .' ___z~: 9~~t!S'
"relephone: 3/ d . ~ (' ~... ~.., 9.. ~ _. FAX: .S'It;; __ ~ ~ +' - ~.'19.. tf"
E'-mail Address; a." Qtt:.ItIl'e'IiII"" Co","
. , .
2. Add~ ofProjeqt J:1 07/-1 ;? S 3''' Seal 1?'tlleM f?1"
Assessor Parcel Number: PI.eos-e see a-l--t.t:~etl. (ftJ&-No,:.J""elt't ::.l)
3.
Name, address, and Cdntact ihformation ofPrdject Contact 'Person:
Name: ,tl,.s~:1f f{,Jr","f ..
Address-: ~-rl/ t.J"ls',"t~~ f/lvd.:#= 6~O_
C~ $,~,." HD","&4C State~ c.A ' , Zip: 9di'cs
Telephone: "S/6.,:, ;;/1'/;/7 f/~ FAX: S/~" :l6~- 1-/7 Pt
E-mail Address: a a 4 l!::./J P Ca ~ f? ~~
,
4. Ust and describe any other related; permits- and other public approval$. required ~r
this. pl'ble~, It.'Ieludlng thd8e reqUired by city~ regionaf~,state and federal agencies~
,iJ t!,. f'?!t!'~+ ~;II r'(lA I.~e de"'d/.'rI:~II, tW'14'? I De.:lt/;H_
e1~n:! S."'e. ,-,."k" {PtP"""I'+$ .J'".,,., +/'t2. fTt::::"y .; Sswl (T
t?,iIJ, .s'wsll d,~ JIIIf'e."D.,'~/,.elec-l'.~.1 41#1'l rlw,.,b;~ perltl,'fs.
5. Existing zoning:. C - ~ . Exi$ting G$her.liJ' Plare f)'-S-I,k+ v::r.
6. Propb~ed uss ofsife: The s,o./.e wl"11 e~"~#fI.'", cz. ~+S"'_,+ (1'letllse
See a~ofotll4A.J l!ies~,.;J?I"~",) tIt S" '.-UI// 4 S a A~~"'dl
t:J1.lu~. '5'~~~ si.,.e. '(4+"'~JIJ"fhI+ 2)
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Page 11
Rev. &/08
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Project Description
7. Site size (square footage}: ',6' 7 f, I~ 7 srUtlre -I~_t': "
8. Square footage of proposed Project: APP,,,V:ift1ffA+ely '-t VI :;/0 S~'e lee+
9, Number of floors of construction: 1-
10. Amount of off.street parking provided: -;z \ 095 OdYJ<,.", _ S "'''//s
r (7
11. Existin.9 and proposed impervious surface coverage (Impervious surface coverage
includes all paved areas and building and/or structure footprints):
Existing Impervious coverage: v...;.~J %
Proposed ~pervious coverage: l.IlIdt~_~tf!l Ii %
1'.2. Attach plans including preliminary gra~in9 plans, drainage plans, Water Quality
Management Plans (WQMPs) for large-scale developments, construction site 8est
Management Practices (8MPs) Plans.
f3. Proposed scheduling of Project f}elrlol:+io,,: G 10' \ ~."S"I'r..c.+;."'~ q/DlI\ Op.II:~:
14. ~~~r:~:~:J:= ~:~/oplJfE'll+ 0./ -4-1.4, Noy~llsr"M ptJ'~;tJ~ J+/te '.
15. Anticipated incremental development N""e
16. For residential projects, indicate the:
A. Number of units:
B. Schedule of Unit sizes:
C. Range of sale prices or rents:
D. Household size(s) expected:
17. For commercial projects, Indicate the::
A. Type of project: R e +4: I
B. Whether neighborhood, city or regionally oriented: C ;+)1
C. Square footage of sales areas: App"oXttlf4-1ely :?(, ~9~ sru~'e.ferl-
D. Gross bUilding area: 1pf rdf.irt44'1,ly /.fl, ':J '0 !!:ft.l,r~ I'ee~
E. Size oftoadingfacUities: IIprr~x;M.'Iely 3, 'If' s!fMye .Jesof
18. .: For industrial projects, indicate the:
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Page 12
Rev.8IOB
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A.
B.
C.
Type of project:
Estimated employment per shift:
Size of loading facilities:
19. For institutional projects. indicate the:
A. Major function:
B. Estimated 'employment per shift:
C. Estimated occupancy:
D. ~Size of loading facilities:
E.. Community benefits deriVed from the project:
.... . ..... M . ..
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20. If the project Invol,ves a variance, conditional use permit/unclassified use permit,
height variation or zone change application. state this and indicate clearly why the
. application is required:
Variance: CUP: /" Helg~t Variation: _ Zone Change: _
Briefly explain: TAe: p'cJ:k.setl Per~tlrf' w;/( b. ~ ~~ sIIop
+/U:I.'f'. p/fDv;de~ ps+ j,.t!:I.~tll... (I"d. ve+~','tI4")' .$"'~I"VI'€e~ d!l (Jgl/
as OQ ~ qt'oo..:.., \ +~.1I';.~" ewtA 4Jao"';I!JIII ~~~ ,,/~Il~.
. V r u '
Are the following itel1ls applicable to the project or its effects? Discuss below all items
checked yes (attach additional sheets as necessary).
YES
NO
/
21. Change in existing features of any baysl tidelands,
beaches, lakes or hills, or substantial alteration of
ground contours?'
22. Change in scenic views or vistas from existing
residential areas or public lands or roads.
23. Change in pattern, scale or character of general area
of project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in vicinity.
26. Change in ocean I baYI Jakel stream or ground water
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_V.
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V
Page 13
RaY. BlOB
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qlllslity or quantity, or alteration of existing drainage
patterns.
27. Substantial change in existing noise or vibration levels
in the'vicinity.
28. Site on fitted tand 'or on stope of 10 pereent or more.
29. Use or disposal of potentially hazardous materials,
such as toxic substances, flammables or explos.ives.
30. Substa.ntfal. change In demand for municipal service
(police, fire, water, sewage, etc.).
31. Substantially increase fossil fu~J. consumption
(electricity, oU, ~at1,lral gas, etc.).
3-2. RelationShip to larg'er project or series of projects;
Ei'lVironmental Setting
33. On a ~parate page, descnbe the project sit~ as it exists before the project, .
including infOrmatiQrt ~n topography, soil stabifJty. ,plantS arid animals, and any
cuiturai, t'Ustorleai, or scenic aspects~ Oescribe any .exis~ng strustures 011 the site,
and the 'Use 'of the' structures. Attach photographs of the site. (P+-cA",fllI-fo Lf)
34. On:.~ _parate..pag~, .desc;:nbe ~he surrounding prdpertfes, ineluding information on
plantS and artlmals and any cultural, histo.rfcaj' or scenic aspects.. lndlc:;ate the type
of land use (tesideritlati commerciat~ etc.). intehSity of land use (one-family,
apartment homes, shops, department stores, eta.), and scale of devetopment
(height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity~
(~+"J,III1!11t+ 5)
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Page 14
R..,. 6108
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Environmental Impacfs, (Pleas.. 8:Xpl.'n all: 'riPQtentially Significant linpa(:t", rlLess
Than Si9niftcant, Wit!,. ~g,afjQn Incorpol'8ted" and "Less Than Significant lmp.ct"
an$W8f.$ em separate sheets.) .
I. AESTHETICS - WOuld'the proJed:
..
a) HaVe 'S ~I):b.hd~t ad,vet$.. ~ffect, ()n a
sCenic'Vl$f.?
b). SUt$tantfaOy 'd'aRlilge. se,,,nlc
resources, .inclUding. b.~ not Umite~ lb).
treee,. roe!( outcroPpiflS",' ar,c:r '. hiiSforic
bulldingJS Wfthin a stat~ sc~niG hlgh~
c) $ybsfafltially. d.egrade th~ existing
visual characte;' or qualitY of .tIle $ite and
its 'surroundings"?
d} ',Create a new source of substantial
light 'or glare which WGulld 'adwrsely
affed' day 'or rngtlttlm$' views in the area'?
Il. AGRrCULTU~ 'RESOURCES: fn
d~termlning Whether 1ti'l'pact.. to
agnculturat reso't.irces are signlficai1t
8nviroi1hiental effe~r lead' a~encies
may refer to .the ,CaUfom'ia Agrtculttlral
Land Evah:Jatlon and Site As.,s~~nt
Madel (1'997) 'prepared,' b~ 'the CaUfQmla
Oe'pt. df ConservatiQn as. alii optional
model tea< t:JSe in .alS.~.sing impadS on
a~ricu~,. ',nd ~m\'and. WQyl,d th~
.ptOl~'
a), (:c)nvert P"rJi"!$ :RimiJih~,. Unique
f=armland, 'OF.' F'amtLand' Qf S.b~WJde
I'mportanG:8 (Famria.nd,).. 8S ',shown o~ t~e
map, p'repare~,p-ursYant.tQ th.~ rtirm!a.nd
M;lppin~ af1~ MctiitOdi'rg PtdgFaii'l Of the
Carlfomia Resources AgenCy; to hen-
agrieultur.ar use?
b} Conflict WIth existing zoning for
agricuftEJral Use, or a Williamson Act
Cf.)~ct?
Potentially
SlgnlflCant
Impact
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page 15
Less Than
Significant with
Mitigation
Incot:p~ra~d
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impact
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No
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c) InvolVe otf1~r changes- in the 'e~s.ting
envirc,nman't which. due 11) tlielr loe_fion
or n~tuF.Et~ couT!:l J't!js!Jlt in 'COt1version Gjf
Fann~ndl to non-agriclJrturar liISe1
nf. AlR QUAl!li' - wn~re 'av.a"Jlabfe." the
significance emetia esta~ll'~ by 'th.
lJilpltcable iair t{ua~ rh"atiEigemeht ot air
~Qll.utiQ.1'.l. 'QQn,tr;Q1: dimct may, 'b'ft. tettelj
tiTion tQ , ma~ the fQno.w1ng
d~ter:mihatfons.. Woutd the ptoiect: .
~) Conflict with or obst-rtivl
ii:TJplementatlo1'1 of the appRcabla aii'
q\.l~I,ily. pt~n?'
b) \ljbllft'e any air- q'Oiltlty stf4nd.ard 'or
CdhtrllJuta 'SUbstantiallJ tel .$n 8>6stihg or
proie,tted air quality vialafiQf\?
c.} R~$ult 'in ~ ,~muiatiY~''l c:~l~rabf.
net rttej!!~e ',of 'any ~ntef1. ',polh;itanl for
Whreh tal! :JJrQj~ ~gioa 'fa :non-
attainment l(J1Qer ~n appJq.b.!e fe.deraJ Qr
stale ambt.~t ,air qijall~ ,~nrle.rd
(including teU;asing emiS$lOf.1s Which
$)lceed :quantitative threshafd$"(QJ.!' QZbrte
Rrec;ursQ~)?
d) ,EXpose: sertSitIve receptors to
substantial pplhJfant coneentrstians?
~ Create Oblectlon-ablfJ, 'odors, affecting a
S.~R~tSTItJ~r .m-ujlbar Qf pe9p.t~1 '
IV. BlOLdSl:CAL RESOURCES -
WtnJld the; pra!eel;:
a) Hav.e a ,ubstantiat adverse effectj
either directly or thrOt,lgn n.p,ltat
modlfteations, sn any speCies. identified
'as a ~clidatei sensitive, or special
statu~ spe~jes,ln local or regional pfahs,
pQ.liCies~ bt re~ul~tfo~ 'bt bY the'
california' Dep~rtrtreRt of Fish.end Gam$
SF ~.s.. Plsh 'and Wildlife S~rvic;;e'7.
P-Qfttntlally
Slgr'iifl'ifltflf
Impact
o
-0
d,
o
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Page 1'6
~ nriln
'SIgnificant With
Mitt9~D.ri
Incorporated
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.
.
b) Have a. sub~otial adverse effect on
any riparian habitat or C)ther sensitive
natural cammunity identified In !ocal or
regional plans~ poRcle$" ~ufations ,at by
~ CatJft,mia Department :of !Fish ilnd
Gattu~ orlJS fish .~~ W!jtUif~: S~r-v1~9'
c' HhIve ,8 ,l1:wbStanti...~ ,a.J:ve' ,........,
1 ,. ,'iiI 'l;t.., ",c!p J!k rst. ~.t9.~'" em
fed&ralIg protsdfed. wetlanD.' ,.8' definec:i
b1: SectIOn 4014 'of tf.1e C'iean Water Ar#.
OnGludinSj but !:fot limited' 'to', marsh,
ver.m~i P.Qq1, i~~$.talt ~l;.) Ihf:C'ugh dired:
remQval, fimng, ~yaroto9lcal Interruptioni
or t)'tner means?
d)' IrrteTfel'a sElbatar.rtiatty with the
movement of any native resident or
mrgratory fi~h or wildlrte specie& or with
e$b!l$hed .oatrve re$jd~t Qr mig~fory
Wildlife; comdoi'S, 01' Impede the Lise Of
natiVe Wildrlfe nursery sites?
e) Canflict with any local policies CDr
ordinances protecting biological
reIiQ~~s, I$Yc;h as a tree p~s~rvatlon
PoPqi or ordinanCe?
f) (:diiflict With ifhe. ptD\ilsIGT1s of an
adopt~tl Habitat' CQnseitvafion Planj
NatUral eomm~F1!ty C~rns~rvatlo.n PI'"r
or Qth'r !lPPrpv~d rocal~ ""S19h811 Qr
state fisbltat: c.oliseNatior;- Plan?
v; CULTURAL RESOURCES....; WaiiJld
the' project
a) Cause a substantial 'adverse change
in the sIgnificance Qf a hi,tor;cal
resource as defined'in i 1506.4.51
b) Cause a substantial adverse change
in tfle si9riifi~nce' of an archaeological
resoulW' pl;l~n~ ~ 'S 150'64.57
c) Pirec1ily, Qf in1;litec;tly destroy .. !Jfllqljl~
paleonlbiogfcaJ teSOUi"c;e ot site or
uhique geQfogtc feature?
.
Potentially.
SIgnificant
Impact
LJ
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Page 17
", :
Less Than
Significant with
Mitigation
Incorporated
I:]
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Impact
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d) Disturb' any human remarnS', lricludiiig
thQ$~ Interred ()u.tstd~ of fdnnal
'cemeteries?
VI. GEOLOGY AND SOILS - Would th.
pr~jectj,
a) ~O$~ pappl$ or strwcturea to
PQ~rit.lai s\Jb$ntla! adverata effeds,
tncludtng trle risl( ~ loss, "injury, or' death
inv.oMng:
(f) Rupture 'of a knQWF1 earthql..lake fault.
as deirnea~ on the l'J1Qst ~ent A/qulst-
Priolo earthq!J$~ J=~ Zeming. Ma,p
iS$1JeB by "the State: GeOfoglsf' for tl1e
area, or 'ba$8d Qr:t other subStllhtfal
fttde"~e Qt a. knQWn. mv..1t? .Re,f.$.r to
OMsian '01' ~1t;E!s and t3eolOlY SpeCiat'
Puh>ll~fidn 42-
(i~ Strong seismlc grc:und shaking?
(iii) Seismi.c.-rela~ ground failure.
incll.lCfi:ng 11q,",~I!u;tton?
(ivl tan~,tdes7
~ Resl.ilt. in :sub'stantlal soil efo~cm. or
tn$lbs~ ~'topsoIL?
c.}, B~ IQ~f~d or;;" ge91E)gl~. Unit at .sall
th!i1t, i$: 'l:JIistabte, or tliat would become
uNstable a& a I'8$1.ilt of the pfOj"ectl and
potentially ~uJt in on- or off;'15lte
land~IiQe, lateral spreadrng~ subsld$nc;e,
Uquefactfon or cEJ.IIapse? .
d} B~. loc.~~ Qn: ~nslw' sPit.; as
d~fif!,!iI in TI~j$' 18-;1-Bt Qf' the. Vniforrn
$JUdihg' Code, ,(feS4't creath:;g
Sl.Ib'stanti.[ r1~~. t_ /jf~ 'O.t' Prli)pe.~
e) Have @1lS. In~p.able Qf a.d'e.qJ:Iately
IWPPQrttng the u~ 91' septic- ~~s Qf
alte~tiV~ waste water dtspdnl.syst'ems
whene sewers ar.e no.t available fsr the
d.isposal of waste water?
Pofentlally
$~9t)ifJGant.
Infp'ilC1l
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Significant wflb
Mftlgatl'an
Ji'(CQfP.'o~~
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.
Potentially
SISlrtlfl~.nt
Impact
.
VII. HAZARb$ AND HAZARDOUS
MATERIALS - Would .the; P~Je.ct
a)' CreatE! Ii ~~ghmcafit hazard fo thJ
publtc or ~ha' .ei'ivlrorimen~' thf.Q~gb the
te.ufJn:e. tr:aMSf*~ US'S, Qr dis.fiosai "~f
h~Q~s mal'eriiJl.?
b) Crg~.a !llgnifieant hazard fa thE!
':", blic. Of . ~\L;:, en' I 11 n.. . h
pliJ. . .' _ l;fJ~ . .V!'rCmTlen.~ )oj IrQg,g.
reflsDlialSfy t'otesee~le ups~.t, aod
ac:cid~nt tbncfitl(jns iii\jO~vt\'ig the ralsas,
of 'hazardolJa'" materials: intb tl1e
et'tvlronmenQ
~>. 'EmIt ha.zardotl~ emisSjQns Ql' handle
h~Qt$ or:' a~Jy h~rdpus
matsr:la:ls,: subStances, or wasm Witl1iii
One-..q.lftarter mile ()f ,an existing ot
proP.Ql$ed $ehool?
d) Be to~ec1 on a site whi.ch ,is 'included
01') a II~ Qr ~arQou. ~~eria:l~ ~~~S
compned purs.uant to Goverrttnenl 't6:de
Section' 6P9B2.5 anCil. as, a result,. would
it. Creat~ a..significsn' hazard tel the PJublic
or th~ ~nv.ir-onroe.Pt? '
e1 FQt '. .PtQJ~(;t lQC$t~d' Within .a,1' ai~it
lal1a 'use' j,lars ar.,. whete such a plali has
not J!)e_n ad'Opt~ within W/Q miles of II
pulilll:c .alr;Q!:lr qr Ptlblie :u~e :.airporf. 'M1uld
th~ .pt9j~ .result in a ..~ h~td. .for
peopl~ "resldlng"of" W'OrI<i'nQ 'm. the. pro!ect
area?
1) .For EI 'PFGje~ witl!iin th'e victnity of II
prtVi!l~ :~jJatrip., w9\Jfd tho. proJ~c;t rq,1,I1t In
a ~_f~ hazard foi"' ~e~l& residll:!g di'
warkhig .in fhe. IDr.OJ~ct :atea? .
g) fmrmir impfei'neofatl1Dn ;ef or :ph,sicaI!Y
interfere 'with 'an ado~ emergency-
response plan at eti1ergei:1CY 'evacuation
plan?
LI
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.
Page 19.
Less Than
Significant wltI'l
Mitigation
trtcorp~:rat8d
o
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Significant
Impact
o
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Rev. 8108
NO
Impact
~.
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h) e,cpose pe'ople d( stn::rct\lreS to a
significant risk of tO~i injary or dea.th
invqlVing wQ~JW1cl fi~Si in~tuding WI:1et.e
viildl~~ afe ~d.Jac-eflt .to .urbanized
al'all~ Ci' whl:rt'e. tesid~nc;es ~~
ihtermixed with wildlahds?
VIU. HYd'ROLOGY AND WATER
QUALtrY - ~ulCt- tt1~ proIe(;t:
a) Violate ;:;Iriy water ID.iallty .sta!"ld~rds Qr
waIte disCharge r~qui"rem~l"its?
17); Sllbstarttiall.Y' :deplefi!. (lJroundWater
$uppliea pI;' Inferfe~ $lJ'bslantiaJly With
groklti~, ~i;~rs.!. .~Y~f1, .th'~t th.~re
WQt.!Id: bE! ',. "~ deffCit 'in aqlJ~r volUme
Cl' "8, 'ninrierirlg 'Of'the IbcaJ 'groundv.Met.
table l~e' {e..g.;j the. prtildUc"t1on rate of
gt:t!-e~l~ihg: 'ne~ wellsl woJ;i\d ~p >> ~.
leVeL wttich would .1iJ~ s\i1iport existln.g'
land uses sr. planned uses for ',iiihicb
permits have been granted)?
c) 'Sub$tantlatly ~Iter th, eXisting
drainage pattern 'af the site lOr area,
Including throUgh 'the alteration of the
cOl,Jrse. af ~ $tream lOr river.. in a mariner
wt;iCh would result In substanthil .eroslQn
or siltation on- or off-sIte?
dl Sijbstqol~ny $!t~r the ~~trtlg
dralliag'e pattem of the sIte or area,.
including thrcugh the alteration of the
course Q.f a stre~m lOr river, or
~\;Ip~.h1!~lfy In<:~a.e. tl1~ .~te or .~unt
of 's'Urtace runoff in a manne.r.. wh1th
WOUld. result, ii'1'f1b(i)(fiI'lS on;,- 0'1' off-'Si~1
e) Cre~te or QQ.ntti.,ut~ runoff wa~
Whig!; woufd exceed the capacIty of
existing Qr planned stormwater drainage
s~tems or prov(de substa;n.tiat additional
sourc$s af poifuted runcff?
f) OtherWise substantially de~rade water
~l:IaUty?
Potentially
SIQillfij:ant
tmpact
.LJ
a
0-
tJ
t:I
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LI
Page 20
Less Than
SlgnifJcant with
Mitfga,t1on
fncarporated
tJ
n
tI
Ll
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Les~i'han
'SignIficant
Impact
[j
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W
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.
Mo
bnpact
~
~
~
.
~
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.
Rev. 6106
.
.
g) Place hQu$ihg within a 1'Oo-year f10dd
"amra a~a- .& ml1lPped on a federal
FloOd Hazard Boundary Qr FIQod
Insurance Rate..Ma.p or other flood' h,azard
delineation map?
h) PI;l~ .within a tOO-year f1'l!Jod hazaro
are<<, ~itJv~$. whiCh would Jmpede or
redirect'flood' flo~
~ ~P~$8 p'eQP1~ .ot stru$Jfe' tQ .
si.gnificant .risk. .of .Ioni injto.lrY or d$~h
lnvaMng ffoodfng, IhclUdilig f:loodlns as a
result of the. faifure of a levee or dam?
1) Inundation by selch.si tsunami, or
mudffoW?
k) Pcts.htialiy iO'1pa~ .stQrmWater runoff
frOm sDnsltuction activities?
I) ~otentiall~ impact stormwater runoff
from. post-COFlStruction activities?
m) .Reslollt .1" a PQtential for cflScharge of
stor.mwater . pOllutants. from areas of
"lurt~rlal stoiliQ~ yehlt;(e or ~quh;).ment
~elimg,. wftfcre. or equipment
mainteMant& (lnGltJdin; .washin;)., .waste
handling" hazard,Qus- m:at~rtals. tlandtirtg or
s~~~~J .dellVery 't~a$~ lQ'cJ~g cfocb at'
other c;n:ltdXior wri :a~as7 .
It) 'Ftesuft in. the p.otenfial fOr disclitst,ge of
starmwat~r _ affect tli!!l beF1!9ficial" USeS c,f
r.eeelviT19. ~u,rs.?
a) Cre$te; the pot~nijar fQi' $fgnjfl~t
chang~ In the flbw veJoclty or volume of
stormwater runoff to. sause. sflVlronmental
Rarm?
pJ C~te. ~isniflt;ant. il'1~.es io !!IrQslQn
of the 'J\7~Ject ,i~ or sUlTOo",dirig al'l;la8.7
IX. lAND USE ANt), pLANNING - would
the pt.bJect:
a) PHyslCdlly divide an established
community?
.
Potentially
Significant
ImpaGt
CJ
Lt.
0:
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CI
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LI
LJ
Page 21
Less l'han
Significant with
MitigatfDn
IricDrpo$d
fj
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LI
LI
LJ
LI
LI
LI
Cl
tl
LI
~.Than
SlgnlfJcant
Impact
LI
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LI
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Rev. 6108
No
Impact
~
~
~
~
U!'
r/
r/
r/
~
~
~
b) bonflicf .wlth any apP.!tcabl~ land \;lSe
pfan, pC1l1oy, or regulatioh of an ag"ncy
~h . ]urisdlcticm. sv.~r. fhe- prqlect
(thclucing. but no\ Umlteq to th'~ g~n~ral
plan.. specifio 'plan, local coastal program,
or zol1lng . ordinance) adopted for the
pW'pQse of a'lQiding or mitig:atlng an
envIronmental, effeCt?
c} 'ContllGi With aNy appl\.eable l1abitat
cQ'n~eNatlan plan ,qr ~tura\ 'e.cr:nmuritty
CdhseMltton plan?
X. 'MlNERAL RESOURCes: - Wcrultl 'the'
~e~ ' '
~ ~lJtt in. 1h." Ig$~ Qf <eVailabQlty of 8'
!q,owtr iiirner.al resource 'that WOl,;Il"l;t ~ of
valu$ to 'the r.egion and the resktSttts c'
the state?
b) 'Result In. the loss of availi~biHty pof a
tocaily-irhpo~dnt mi:neral res.dUr'ca
teed\1ery. sJt,e delineated on a local
geReral Plil", specific pll;ll'l or other land
use' 'Plan?
Xl. NOrSe - WolJld't"h6'project result in:
a) Expo~ure of pemO'!"l$ -to or generation
of noise- 'Ieyels in excess of standards
establishe~ In the IQcal general plan or
nol~e otcl1nanc;e\ Qr applicabl~ standards
of other agel'1ciEtS?
b). E)$Q!3L!r..tI ~f p~ft$ tG) or ;.eneratton
of ~XC;~lJS.iVe grol,.!ndbQrn~ ~Jan QT
gro.UMdbame. rtbrse lE!v.eIs:1
c-) A stJbstantl'al par'l11s'nertt' Increaae In
ambient nQi$e ~'jlf!ls In 1he: pro~t YlQT"lty
abOVe levels elCistihg Without, the ptdJect'?'
d) A sub$.tantiat tempofaty. ,or perlodId
incTeasQ In arn-bient 1llj)lse .Jevels in 't~
protect .\Jtch:ttty: above. levels existlhs::l
Withl)ut the I:'rQJeot? F~ purpose$: af this
ar1lfllfst8-, 8. sqbst~ntlal tempC?l'all or
periodic lrtcr.eaSe, is' defined as a
CbY1tinudlols nQis'!9 af more fhan 70 db{A)
Po.tentlal~y
Significant
Impact
l:J
a
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Page 22
Less than
'Stgnlficant with
Mltlptiol\'
Incorponrted
a
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Significant
l{'n'pact
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No'
Impact
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~.
~
,
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Rev. 6/08
.
.
for '15 minutes 'or more cr af'l jrttemUiterlt
noIse of. more tf')~ 75 db(A) for between
5 and 14 mtriuf$s re~l,Ilting from
cortstruction that, occUrs. petween 7:00
a.rTh and ,8;QO' ~un~
e' For ~ p~ject.lQcated within an alrpi)rt
'aAd US~ pl~n or, Where Slash a plan has
riQt b~rt: ~pt$d, WLlhin two miles of a
public attpOrt Sf pl,Iblic use airport, woulc:!
the ptcject expOSEt peopte residing or
working In the prbject' area to excessfye
noise levels?
f)' For a project W1"thin the vicinity of a
Pt-iwte aitsfrifl'. 'woulcil th.e prQ'je<=t ~O$~
p$ople. ~Siding or wotkili~ in tp~ ipt.OJ~et
area fa excessive noise leVels?
XlL 'POPULATION AND HOUSING ....
Wqu.lcl tl1~ proI~ct
a) rnd:u~~ 'sl,!'Q~ta.ntial p'pp~lation growth in
an are~t erther' dirt!ctly (for' ,example; by
propesing, new homes ilt:1d businesses) QT
indlrectl~ '(for exampre.. throt:Jgh extensri)n
of'roas 01' Qtber'ihfra&trueture"~
bJ. Displace :~b$JntiaJ f:Iumbef$ of
existing hoysin9. f1e~~s~ans ttJe
cQfistr\ldtOh ,of re'placement housing
elsewher.e:?
sf 'Displace stlb$tantfat num~rs of
people, ne~it~tirig the c;onstruction of
replacement housit:1g elsewhere?
XIII~ PUBLIC SERVICES
a) Would the pl'Qiect ruult In substantial
adverse J'-ttys~l impacts assQciated with
Ute, proviJi9n' of mjlw or physically' ..Ite~
gDVei"Jiiiientaf facilities. need tot new' or'
physfcally alte.r:e<il :gp~mental facilities,
the cor:l$truction ()f Wbicf; CDulq cause
S:igt'tfflr;:l!1ot ~11v.irof:)~!1tJl1 imps., In'
oider to maintain acceptable sefvlce.
ratlo$~' res.ponse tImes or; other
performance ot)jectiVes fer any of the
.
~..n,
$tgnffl'~"*
Impact
Cl
0-
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Page 23
Less ThaI'
Significant with
~g.tio.n
IncorPQ~ted
tI
Cl
L1
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Less ~n
Significant
impact
CI
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Rev. wi
No
tnipact
r/
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r/
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pubns services:
Fire protection?
Police p-1'9~ecfr'on7
Sch.60fs-?
P.alks?
Other publit faCilitles?
XIV. RECREATION
a) WDulCf the; pldjed irtcrease the. use of
~>d~lo9 neish..bor.hQ~d and regiQnal' parks
err oth'et reereafioiia,J f.ac:idties. sLtch that
$ubstantl'al ph}'s.tcaf deteriQratIon of 'the
f!!lcllity wot.1lq occur' or be ~ccelerated?
b} Does tha pi'Oject lnchJde recrea~rorral
faCilities or require, the cortstructlol'1 01"
~nslQn of rec~ali'Q-[Jal facinti~s which
might have' an ad~arse phySical ,effect 011
the' envitQnmenf'1 .
~~ TRAN5PORTATJONfTRAFF1~ ....
Wo~ld th~ proi~
~) eai:l~ an ll"tf:reas~ 1f..1 thi'ffia whrcn Is
substantiaf 'irl. :r.eiatio'n 'tpJ the' e~dstin9 traffic
\Q,f;{, -and capacitv of' thi'lt street, ~~tem
(I.e..t result In ~, stlbsmntlal' increaSE! In
eltt-UiJf the number of vehidf -t~'p&t the
voll;1me .to capacity ,ratia an !'Cads", or
dcng.esti~n at IntelfSEfdk1nsp
b~ ~ ~Lth.. indIVidually, Q.f
C!:uml)fatIliely., 11 level Of seiVrca standard
esfsb/.~e.d' :bJ 'th~: ~unty. .c=nQ~b':1
.ma,"~a_m~.J1t ~gency' fer q~signa~ed
roadS' 'ar 'f1IgnwaYS1
c) Resurt In Ii cf:1an~e. In air tr:affie
p.attems. incfLlding elther an In'crease in
trafqc .Ievels or &. c~nge in location that
resl;llts in substantial safety risks?
Pobtntlally
SllIl'Ilflcant
impact
ai,
M
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Ll
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~ Than
SIgnificant with
Mitig~itlon
lr;cQrpcrat8d
.f]
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Less Than
Significant
Impact
o
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.
No
Impact
at'
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,~
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.
Rev. 6108
.
.
d) Substantially Increase ji,azards due to
a :G1estgn: feature (e.g., sharp CU~ .or
dangeroU!$' ~ntersecttons:) or jnCbmp~tlbl$
uses (e,S,o!. f,rm equipmeF.lt)?
e} ~!t !r,r lhadeql.llJte: emergency,
acceSS'1.
.
1) Resurt 'Iii 'ii',adequ.te paridng. capacIty?
g} Comiicit With ~d:opted poIiCi~. plans;
dl" Pf'09tams supPorting ~lt8r:t'1~V~
transPortation '(e.g.,. 'bus turtYotrts, bic;y.cfe
racks)?'
XVI. UTJllTIES ANe SERVlCE
$.ystEM$ - Would the prc~:.
a) exceed wastewa~r' ~atment
requirements of th~ app(t~~l~ R,egldt1.1
water Qualify :Cdnttol'Boartf?
b) Require or result in the construction or
new water or wastewater treatment
facnrtf~s or expansion of ~sting
facli'ties.,. Ute construction of Which could
caUse 'significant envircnmental effects?
c) REK:4uita. m' result ih' the Cbnstruetlon' of
new $.t.onn' water dralnSSEl fa~rrt1eEt- or
~!'1siQn pf ~xi$tl.~' -'fatilft!~~, ~h.$
C6n~ort 'of' WHlbh 'could' cause
Significartt. enVlrmnmental effei;fs?
d) Have sqffict$nt ~r $UPPJJ.!!.s
avanable t~ s.rve the ,P/'Pj. tr.QrTI
existing ehtifI~ents. arid resQur.ceSr or
are new Qr e)q)anded entitl.,mems
needed?
e) Result 1n a detenniAatron by the
wa~~r tre$.tmEmt pr.QVider. whid'l
serves or may serve the project that if
has adet{uate capacity to sarve th~
prca!ect's. projected demand in addition tGl
the proVider's existing commitments?
.
Potentially
SIgnificant
Impact
tI
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Page 25
Less Than
SignifiCant with' Less Than
MItIgation Significant
lncorporated tmpact
Cl []
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No
Impact
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f) aa sel"led by a landfill with sufficient
permitted c;:apacity to accommodate the
projecfs soiid waste dfsposal needs?
g) Comply with federal, state, and local
statl:ltes and ~gu:laUons, reiated to sofid
waste"?
h) "VV'~.lUd Jh~ ,pro!eqt IO$:;[VQe. a n~w. of
re"tr.t:lffiied ,stCfn1 'Water ~men' ,control
Best Man,aSemel'lt ~ctice t~r91P), {e.g.,
water ~I~ treatm~nt 'basjr\
constructed~ treatment w~tl"Jlds)~ tf:1e
aperatlon' 'Of wntch.' .coutd result \n
's.igniflcant ~nvlronmental effects (e.~
lnereased vectors and' octbrs)?
XVU. MANOATORY FINDrNGS Q.F
SrGNI'FICANcE
a) Does, ftl~ PrQje~ l;ta~e th~' potet'ltiaf to
~e the qtiality of ,tbe envirotilment,
.. , ,~
substantiallY reduce the habitat of a fish
Qr wjlqUfe $P$ct~ ~l,.!S$ a fish or wildlife
papliIfatkin to -drop below self-sustaining
ievals., 'fhre'aten to eUminate a plant or
animal CfOmmunity, reduce the numper or
~~trtct the range Qf a rare or
end~ngered )'itant or arrimal Of' eJimlnate
rrnpQ~nt ~X!imples taf th$ m"JQr periods
of Cattf.ortiia histcily or prehl~1'y1
b) Obes the. 'praject haw. lmpacts' that
an) :.ingt~~alfy nrrdt~l bUt 'ciii'nLila~~ly
coni,derabte1'
r'Cumala'tlvely considerableD me.ans th$.t
the !nGfBmenta.1 effects 01 ~ ProJ~ ~ire
consTderable when viewed in connection
with the, ~cts Of past p~jectst the
effests of pther. c;urr~nt pl"Ql~i:;ts, and the
effects. of probable ftrture proj!ds)?
c) Odes, the lJr.oject hav~ ehvirQnrnernal
effe$ which will caU$6 sl,.\bs~nti~1
adverSe effects. ,an human beings, elfher
dlr.ei::tly or Ihdill'ctly?
Polehtfa(ly
SrgnlJlcant
Impact
0,
t1
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Page. 26
Led ~ai1:
Stgnlficant wtth
MItigation
Incorporated
Ll
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Impact
LI
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No
impact
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.
2.
3.
4.
5.
. 6.
7.
B.
9.
~91E~ ~~re ~:t:.~~~e~ey,:C:ari'~C:!=8pt ,thi~ :appnca~5'n-as "c;b1nplet.&:,'..th~ appliean(rliuSt C?O~sult 'the..llSm
pr'!~d~ p~J:Su~nt,~~~~!>~.,~9~:~, ~.~~ Gov~~~~~t..~,9~e',I!~d;~~b~It~~..~ig~~., ~~ept rndicati~g
whether, the project. and, any, altei'natiVeS are rocated on a, site whiCh' IS Included on, any sucl1list, and shall
" city" '11'1.', "... ," ~..~.. :".. ~'" ' . 4,., " ~i.: li-.",.': " . ~'." I" . ,': , '. ."'. .,
spe S"l SI:ii...\ti:f.:;.IJ"~""",' d.1.~:.,.'.fli'':],.:~:-::.h~':'':~t,-:I..l~:.Qa,.. -,;', ..;..~:..r:.~7j-.:": ~. ...:.I!..:- I;..."~'" ,.;...,. :'1 'J";:.::':. :...t.i.J.....~ "':1 '~'r('i
Hazardous Waste and Substances Statement
The development project and any alternatives proposed in this application are contained
on 1he lists complied pursuant to Section 65962.5 of the Government Code. ACCQrdingly,
the project applicant is required to submit a signed statement which contains the following
information: :
1. Name of applicant AlA S "'1." f:J r<<+
Street ~8{/ G.J;ls~"'e f?(vJ :#' 6~O
City: 5;,.,,1'41 MtI,," C 41
Zip Code; _'!()"Q?, _ 'u' ,
Phone Number:, ...$ It) - ;? t:. f,/~ 4 "7 Y P
Address of site (street and zip): 1::211-''-./ ~~tlfl S'~" glvd S"tfll ~e#t:" l~1! 'o)'~"
Local Agency (city/county): R7;tJII~1 (..Ate" t<IA,,/ify c~""'''QI r?~n::I, o",,~. C.DulI'fy
Assessor's Parcel Number: No.. 1(J1t~t!!!' (2X."S+i ",,,
v u
Specify any list pursuant to Section 65962.5 of the Government Code: PIN P s
. ., -.. 1 . ..
.. .
10. Regulatory identification number: NaMe ~..ve" (ple-se SAr? d~Jed)(a.+hdIll6.,.t;
11. Date of list
Date: /-/ '-09
~~
Signature: ' , , - ,
Applicant: Aws~"1It . f?JV.T
* Ple~se see o.of+QelilJ4 me-INo ./1" JHd~e ,.."AVW1tl~,;t1H"
(~-I~~",ewr 7)
.
Page 27
Rev. &IDe
( .,
( .
.
PROPERTY OWNER'S AFFIDAVIT
STATE OF CALIFORNIA }
CITY OF 5!'A:L BEACH } 1-0S A~~ELE5
COUNTY OF <SFtANe3e- } LOS A~ELE.S
(1)/ryJe ).1111 tie I}' Ii ;;;t"I<J-~ I
(Name)
swear that (' am)/{we are) the owner of the property at
l~o7/-1;Z5~5 Searl Bet'eJ, 8'Jvd seal 8'eN.tr eJlt
(Street Address) (CIty) (State)
9 t:) 7 .It'd
(ZIP)
MilJe J.
(print Name) (Sign
2~1/ W;/s4i,e f,?{Vd '# 61(t) S'a..ns /1"If"~It\ ,/4
(Address - Please Print) (City, State & Zip)
J '/5 t!'
(Oat .
9Y-I(')? (.7/0) ~{tI...'t799
(Telephone)
SUBSCRIBED AND SWORN TO BEFORE ME
THIS IS- DAY OF .Ta.nl)a.~ J~i
~9lv P .~.
N ry Public
)@---~~=~lJ~-'
I' Notary Public - CaDfarnIa j
j Loa AngeIeI County d
'OF _ _ ~~_~~~
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Page 31
Rev.6IDI
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ATTACHMENT 3
CODE SECTIONS
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Page 19
Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
.
CODE SECTIONS .
Section 28-1300 Permitted Uses. In the C-1 Zone, the following uses only are permitted
and hereinafter specifically provided and allowed by this article:
...G. The Following uses subject to the issuance ofa Conditional Use Permit:
.. .7. Pet Shop;
Section 28-2503. Conditional Use Permits Mav Be Granted. The Planning Commission
may grant a Conditional Use Permit in the case of an application for a use which is
required to be reviewed and conditioned prior .to .approval so as to insure compatibility
with surrounding uses and the community in general and the General Plan.
(Ord. No. 948)
.
Section 28-2504. Puroose of Conditional Use Permit. The purpose of a conditional use
permit shall be to insure proposed uses are compatible with surrounding uses and not
detrimental to the neighborhood. (Ord. No. 948)
.
.
Conditional Use Permit 08-2
Planning Commission StqIJReport
12415 Seal Beach Boulevard
February 20, 2008
ATTACHMENT 4
ANALYSIS OF ODORS PREPARED BY
DR. SUSAN SCmFFMAN, DUKE UNIVERSITY
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Page 20
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Analysis of Odors at PetSmarts/PetsHotels
February, 2006
Dr. Susan Schiffman, Taste and Smell Laboratory, Duke University Medical Center, Durham,
NC 27710-3259
Summary
Odors were evaluated at PetSmartlPetHotels in Cary and Raleigh, North Carolina. The odors
were either nonexistent or insignificant, and were far less than those at most other commercial
establishments in the same geographical vicinity. Any faint odors that were perceived were rated
as pleasant or neutral. Overall, the odors at PetSmartlPetHotels were lower than odors measured
at a luggage and gift store, calendar store, leather store, food and cooking supply store, clothing
store, department store, chicken sandwich shop, perfume store, doughnut shop, gift card store,
food court area in a mall, food and cooking supply store, coffee shop, candle store, gift shop, and
photography shop. Thus, most commercial establishments have odors that are greater than those
measured at PetSmartlPetHotels.
Study design
The objective of this research was to measure the level and character of odors at
PetSmartlPetHotels in Cary and Raleigh and to compare these odors with the odors found at
nearby businesses. In order to obtain a representative sampling, the ambient air at multiple
locations inside and outside the PetSmartlPetHotels was evaluated. These locations included:
outside the front door, in tOe center of the store near the checkout counter, in the lobby of the
PetHotel, and behind the store at the loading docks. Ratings of odor intensity, nasal irritation,
and pleasantness/unpleasantness at these PetSmartlPetHotels were compared with similar ratings
from other business establishments in the Cary/Ra1eigh community.
Odor assessments were performed by 5 trained odor panelists with extensive experience in
evaluating odors from animal facilities using standardized field assessments. The subjects are
accustomed to evaluating odors from the full spectrum of intensity, from near the threshold level
(very weak) up to maximal odor intensity. The subjects have evaluated odors at varying degrees
of unpleasantness, nasal irritation, and odor character. All ambient air samples were evaluated at
a height of approximately five feet (at nose level). Odor panelists wore the HalfFacepiece mask
(3M model 6000 series) fitted with the 3M Multi GasNapor Cartridge with P100 filter before
and between odor assessments. This mask prevents exposure to vapors (including odors) as well
as dusts, and eliminated olfactory adaptation.
Odor threshold measurements were obtained to determine how many times the odorous source
(if any) needs to be diluted to reach threshold (OIT or dilutions to threshold). In other words, at
what dilution level are subjects able to perceive any odor. The higher the DIT value, the more
intense is the ambient air being measured. Odor thresholds were obtained with two different
in~ents, the Scentometer (Barnebey and Sutcliffe, Columbus, Ohio) and the Nasal Ranger@
olfactometer (St Croix Sensory, Stillwater, MN). The Scentometer is a hand-held plastic box
.
with two nasal ports on one end and six inlets for the odorous air (inlet sizes of 1/32" (0.08 cm),
1/16" (0.16 em), 118" (0.32 cm), 3116" (0.48 em), 1/4" (0.64 cm), and 112" (1.27 cm)) at the
other end which are connected to a mixing chamber. These inlets correspond to 350 Dff, 170
Drr, 31 Drr, 15 Drr, 7 DIr, and 2 Drr respectively. DIT values are measured with all but one
of the 6 odorous air inlets closed, and the size of the open inlet determines the dilution of the '
odorous air. For example, if a threshold is found with the 1116" inlet open, the concentration of
the odor was considered to be 170 times above threshold.
In addition to the Scentometer, the Nasal Rang~ olfactometer was used by the odor panel to
assess odor thresholds at each location. This olfactometer is a hand-held device which has a c;lial
that can be turned to deliver blank air (air that is only drawn through a filter) or to deliver air at
the nff levels of2, 4, 7,15,30, and 60. The presentation device is the AC'SCENT@ SWIFfI'M
Nasal Mask. This olfactometer which insures a specific flow rate of 14-18 liters per minute was
used in conjunction with the Scentometer for consistency of measurements.
After threshold determinations, subjects rated each ambient air sample on 9-point scales for odor
intensity, nasal irritation, and pleasantness/unpleasantness, and provided a description of the
odor. The scales used for odor intensity, nasal irritation, and pleasantness are given below:
Scale
Odor Intensity
Pleasantness
8
7
6
5
4
3
2
1
o
.
Subjects also provided a description of the odor of each ambient air sample. Subjects utilized
adjectives based on 146-odor descriptive scales developed by the American Society for Testing
and Materials (see ASTM, 1984, 1992). If a subject wanted to include in the description of a
sample, an odor which is not present among the 146 odor terms, he or she provided other words
and/or phrases to describe that odor. Subjects rated at least the odor intensity and nasal irritation
based on their first whiff of the sample, and then subsequent whiffs were taken to complete the
evaluation of each sample.
Results
Table 1 gives the mean odor intensity ratings for all locations at PetSmartlPetHotels in Cary and
Raleigh along with mean odor intensity ratings from other commercial locations in the
Cary~eigh community. The mean odor intensities, mean irritation intensities, and hedonic
ratings' (pleasantness to unpleasantness) for each day of testing at the two sites (for all 5
panelists) are given in Tables 2, 3, and 4. These ratings are represented graphically in Figures 1,
.
.
2, and 3. Mean values for odor intensity, irritation, and pleasantness for both days combined are
given in Table 5; these rating are represented graphically in Figure 4. The detection thresholds
(dilutions to threshold are given in Table 6 and Figure 5.
Table 1. Comparison of odor intensity ratings from PetSmartlPetHotels in Cary and
Ralei h with other commercial locations in the Ca lRalei h communi ·
Location Odor Location Odor
intensi intensi
L~ 1 3
1 deck 3
1 3
1 3.5
1.3 3.5
1.5 3.5
1.5 3.5
1.5 4
1.5 4
1.7 4
2 4
2 4.5
. 2 4.5
deck 2 4.5
2.5 4.5
I store A 2.5 5
2.5 5
Outside Front Door
Cashier Area
Pets Hotel Lobb
Outside Loadin Dock
2
.
Outside Front Door
Cashier Area
Pets Hotel Lobb
Outside Loadin Dock
2
.
Ca
Outside Front Door
Cashier Area
Pets Hotel Lobb
Outside Loadin Dock
8
7
6
,!:o5
'ii
c
!4
~
'l:I
03
2
1
o
Cary - Day 1
Raleigh - Day 1 Cary - Day 2
Location & Day
Raleigh - Day 2
Figure 1
2
. Outside Front Door
. Cashier Area
II Pets Hotel Lobby
. Outside Loading Dock
Scale Odor Intensity
8 MllXlme'
7 Very Strong
8 Strong
/I Moderatllly Strong
4 Moderate
3 Moderat8ly Wnk
2 Week
1 Very Weak
0 None lit ell
.
.
.
.
.
8
7
6
~
~ 5
~
;:4
o
~
~ 3
I
2
1
o
Cary Day -1
Raleigh Day -1 Cary Day . 2
LOCATION
Raleigh Day. 2
Figure 2
. Outside Front Door
. Cashier Area
I!lI Pets Hotel Lobby
. Outside Loading Dock
S.1e InlIatlon Intllnalty
. MIld_I
7 Very Strang
. SInIng
. Moderatllly SInIng
4 ModellllB
3 Madellll8ly Week
2 Week
1 VeryWuk
D N_etd
8
.
. Outside Front Door
. Cashier Area
1& Pets Hotel Lobby
. Outside Loading Dock
Scale p~
8 Ex1remely
Unplelllant
7 Very Unple88llnt
6 Modlll'lllllly
Unpleullnt
5 Slightly Unpleullnt
4 Neutral
3 Slightly Plellll8lll
2 MDlIlII'IIlIlly P1ellSant
.
Table 5: Mean values for odor intensity, irritation, and pleasantness for both days
combined
,7
~6
co
z
I!! 5
!:
co
:34
i!:
Z 3
~
~ 2
IL.
1
o
Cary Day. 1
Raleigh Day. 1 Cary Day . 2
LOCA110N
Raleigh Day. 2
Figure 3
Odor Intensi
1.266
1.747
Irritation
0.368
0.340
Pleasantness
3.389
3.391
.
.
B
7
6
5
b
!4
I
3
2
1
. 0
Intensity
Irritation
Variables
pleasantess
Figure 4
.
350
300
250
'a
! 200
.
l!
~
..
i 150
o
. Cashier area
. Pets Hotel lobby
1!!1 Loadln ~ock area
100
50
o
-
-
-
Cary . Day 1
Raleigh. Day 1 Cary . Day 1
Location/Day
Raleigh. Day 2
Figure 5
Ca
2
Instrumental measurements could not be obtained with The Jerome Hydrogen Sulfide Analyzer
(Arizona Instruments, model 631-X), and the Drager AccurolXl Gas Detection Pump with a
Drager Tube (Drager Safety AG &. Co. KGaA) specific for ammonia. This is because the levels
of hydrogen sulfide and ammonia at the two PetSmart/PetHotels were so low that they were
below:the sensitivity of these two devices.
.
.
.
.
.
.
The results of this experiment can be generalized to a range oftemperature and humidity
conditions. Previous experiments by our laboratory at other animal facilities have found that
ambient temperature and humidity are not statistically related to odor levels.
Conclusion: The odors were either nonexistent or insignificant, and were far less than those at
most other commercial establishments in the same geographical vicinity. Any faint odors .
perceived were rated as pleasant or neutral. Overall, the odors at PetSmartlPetHotels were lower
than odors measured at a luggage and gift store, calendar store, leather store, food and cooking
supply store, clothing store, department store, chicken sandwich shop, perfume store, doughnut
shop, gift card store, food court area in a mall, food and cooking supply store, coffee shop,
candle store, gift shop, and photography shop. Thus, most commercial establishments have
odors that are greater than those measured at PetSmartlPetHotels.
.
Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
ATTACHMENT 5
NOISE ANALYSIS PREPARED BY
DO:MINION ENVIRONMENTAL CONSULTANTS
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Page 21
. II DOMINION
September 9, 2006
Ms. Sally Piotrowslcl
Senior Counsel
PetSmart COIpOration
1960~ North 2711I Avenue
Phoenix, Arizona 85027
Re: Noise Survey
Store #0157, 7290 W. Bell Rd.
Store #0131, 10825 Tatum Blvd.
Dear Ms. Piotrowski,
.
Pursuant to your request Dominion Environmental CODSultants, Inc. performed a noise
survey on August 19,2006, at Store # 0157 located at 7290 W. Bell Rd. in Glendale, Arizona
and Store #0131 located at 10825 Tatum Blvd in Paradise Valley, Arizona. The purpose of the
survey was to measure the level of audible noise on the exterior of the building, as a result of
barking dogs. The survey was conducted on a typical Saturday during peak occupancy times, at
both locations. At the time of the measurements each location had in. excess of one hundred and
fifty (ISO) dogs present in the Pets Hotel, and an additional fifteen (IS) dogs in the day camp.
CONCLUSIONS:
Sound levels from the dogs Qarking at both locations were either not audible or were
below the ambient noise level, in all cases but one which was barely audible. The sound level
detected for this one exception was only barely audible by the human ear within one foot (1') of
the rear door of Store #0131. However, it was not measurable beyond background. At the fifty
foot (SO') mark from the rear door the sound was not audible by the human ear and therefore was
again not measurable.
The fmal conclusion based on the measurements tak~ at these two test sites is that there
was no measurable noise exposure of dogs barking'to the outdoor environment In addition,
unless a person was standing within one foot (I') of the rear door of Store #0131 when all dogs
were being intentionally agitated, there was no noise of dogs barking that was audible to the
human ear outside eitIler facility.
FINDINGS:
.
The Pet Hotel noise level measurements were obtained during maximum noise conditions
at each location, on August 19.2006. The measurements were obtained during the morning
hours (9:00 AM and 11 :00 AM) and after closing time (10:00 PM - 12:00 PM). at each location.
DOMINION ENVIRONMENTAL CONSULTANTS, INC.
7330 North 16th Street, Suita B-IOl. Phoenix., Arizona 85020
tel: (602) 943-0051 Fax: (602) 943-0553
www.dominionenv.nllt
To assess the potential maximum peak noise condition, the dogs were all purposely agitated into
a barking frenzy during each sampling episode. This was accomplished by several persons
physically running up and down the aisles between the kennels. Based on the pre-test
observations, this level of noise would never be achieved due to the constant care and attention
given to the occupants of the hotel by the large staff of PetS mart care givers. However, as a result
of the experiment the peak noise level measured at any given moment inside the hotel was:
Store # 0157 -7290 W. Bell Rd. 104.6 dBA
Store # 0131 - 10825 Tatum Blvd 109.2 dBA
In addition to the indoor measurements) exterior measurements were also obtained at the
same time. These outdoor measurements provide a comparable measurement between the indoor
noise level and therefore the amount of noise level transfer. The outdoor measurements were
obtained from within twenty feet (20~ feet of the front of the building, within 1 foot of the rear
door contiguous to the hotel area, at a distance offifty feet (50~ from the rear of the building. at a
distance offifty feet (SO~ from an exterior wall contiguous to the space occupied by the dogs and
from the roof above the pets hotel space. The results were as follows:
Store #0157
7290 W. Bell Rd.
Daytime Nighttime
Position Ambient Barking Ambient Barking
Front of Building 53 dBA Not Audible 72 dBA2 Not Audible
Back of Building Barely Audible
(at the rear door) 48 dBA Not measurable 52 dBA3 Not Audible
50' Back of Building 48 dBA Not Audible 48 dBA Not Audible
West Side of Barely Audible Barely Audible
Building 50 dBA Not measurable S4 dBA Not measurable
West Side of
Building 50' 50 dBA Not Audible S4 dBA Not Audible
-
Audible
Roof 65 dBAl Not Audible 65 dBAl Not measurable 1
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!
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Store #0131
10825 N. Tatum Blvd.
Daytime
Nighttime
Position
Ambient
Barking
Ambient
Barking
Front of Building
55 dBA
Not audible
5S dBA
Not audible
Back of Building Barely Audible
(at I' of rear door) 50 dBA Not measurable
SO' Back of Building 50 dBA Not Audible
Not measurable
Roof 67 dBAl Not audible
. Footnotes:
1. Roof-top AlC units
2. Cricket noise
3. Buzz from light fixture
COMMENTS:
48 dBA
Barely Audible
Not measurable
48 dBA
Not Audible
Not measurable
67 dBA1
Not audible
The back door of Store #0157 is a vestibule double door system. During the daytime
measurements, the door to the interior side of the vesuoule was open. During the nighttime
measurements, tbe interior door was closed. This double door or vestibule configuration was not
present at Store #0131. The rear doors at both locations gave access directly into the space
occupied by the dogs.
APPROACH
Multiple measurements were obtained at each site during the sampling episode. The
sound measurements were obtained by use of category I - IVIE PC-40 sound level md spectrum
analyzer. While the "average dosage" exposure is perhaps the most common method of measure
for classifying a time-varying sound level, for a given observation period, this testing episode
measured the "'peak sound level" at given time. The ""peak level" is the highest level of sound
recorded for the multiple readings obtained during the sampling episode.
.
. 'Since sound levels are expressed in decibels, which are logarithmic, they cannot be
averaged arithmetically. Therefore, it is the underlying acoustic pressure squared that is averaged
(
arithmetically, and the results then expressed in decibels. The restriction on averaging pertains
only to processing of the fundamental pressure squared variable. Statistical processing of
sampled derived measurements, such as an ensemble ofLeq.T values, is not similarly restricted.
The formula used for this task was as follows:
Leq.T = 10 log [IT OT 10Lp(t)/10 dt] == 10 log [Tl OT [p(t)po]2dt]
To further explain the above formula consider the defining function where Lp (t) is sound
pressure levels as a function of time, T is the observation or averaging time, p(t) is sound
pressure as a function of time and po is the reference pressure of twenty (20) micropascals ( Pa).
Adoption of the-equivalent sound level terminology was likely motivated to forestall erroneous
use of the arithmetic averaging. Nevertheless, the term average sound level is also in wide use
and is functionally identical.
In an actual circumstance where sound levels could be variable, the equivalent sound
level equals a constant sound level that appropriately integrated over the averaging time would
result in the same energy as integrating the corresponding variable sound level over the same
time.
In contrast, for sound levels stated for discrete time increments, the overall equivalent
level can be obtained by the following combiDing relationship. The levels for each discrete time
period may be constants or may themselves be equivalent levels. Thus the combined equivalent
level is (A-weighted levels used in the following example):
N
LAeq.T = 10 log [IT ti 10 LAi/lO]
1=1
The ultimate result of this type of testing is to obtain sound readings that can be used to
establish exposure levels. This exposure level of sound dose can also be stated in joules.
Regulatory agencies normalize the allowed limit by stating it as percentage dose, where a dose of
100% corresponds to an exposure at the criterion level (Lc) for a duration equal to the criterion
time (Te), which is normally specified as eight (8) hours. However, at stated earlier, in this case
the target dose will be the immediate, short term, 1000.10 peak level achieved at any given point
during the sampling episode.
Therefo~ the noise level results are aU stated in decibels. As such a decibel (dB) is a
unit for measuring the intensity of sound. The decibel is a dimension less ~tity, based on the
logarithm of the ration of two power-like quantities. Considering the human hearing range is
theoretically from zero (0) dB (theoretical threshold of audibility) to one hundred and thirty (130)
dB, the average pain t1iresho1d. a comparison can be shown. Sound power \'IV) of a source is the
total acoustic output that it produces in watts (w). For most practical situations the sound power
of a source is constant regardless of its location in different environments.
The amplitude of the sound pressure disturbance can be related to the displacement
amplitude of the vibrating sound source. Pressure is expressed as force per unit area. The
preferred unit of pressure is kn~wn as the pascal (pa) or one newton per square meter (N/m2).
.
.
.
The reference pressure used in acoustics is twenty (20) micro Pascals dBA - Sound pressure
level expressed in decibels, filtered or weighted at the various frequencies is to approximate the
response of the human ear. The sound pressure level in decibels is equal to ten (10) times the
logarithm (to the base 10) of the ratio between the pressure squared divided by the reference
pressure squared. Where L is the level and A an AB are quantities related to power.
L= 10 log {A-B ) dB
Therefore, any time that the word "level" is referred to in acoustics, decibel notation is implied.
The example chart below is using a starting point for the human ear at OdB. Sound power level
(abbreviated as-PWL and symbolized LW) would be defined as:
LWorPWL= 10 Log (W-Wo)db
To bring into perspective different dB levels of common sounds, please refer to the chart
below. This chart demonstrates several comparison sources of sound that most persons can
relate to. They area as follows:
SOURCE
dB ratioe:
170
Turbojet Engine
160
150
140
7S Piece Orchestra
130
120
Large Chipping Hammer
Auto on Highway
110
100
90
80
70
60
SO
40
," 30
20
10
o
Voice, Conversational
Voice, Very Soft Whisper
The following chart gives an example of the perception .of the human ear to detect change in the
dB level:
I,
. . ..... '" \~
CHANGES IN INTENSITY LEVEL (or dB)
Changes In Intensity Level, dB Changes in Apparent Noise Level
1 Almost imperceptible
3 Just perceptible
S Noticeable to most
.- 10 Easily Noticeable to all
I hope that this report has provided you with useful information. In the interim, if you
should have any questions or would like to discuss the contents oftbis report please don't
hesitate to contact me at any time.
Sincerely, _
Dominion Enviro
BY~
Vem L. Crow,I.H.
President
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Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
February 20, 2008
ATTACHMENT 6
STATUS OF ON-SITE ENVIRONMENTAL ISSUES
.
.
Page 22
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--
IIw
Waterstone Environmental, Inc.
2936 E. Coronado Sl * Anaheim, CA 92806
714-414-1122 * Fax: 714-414-1166
E:Man: nberesky@watersfDne-env.com
This 4-page memo and the following 9-page
excerpt from a July 2006 Phase I EA are
attachments to this permit request. Some
CORTESE listings for this property shown in
the Phase I EA excerpt are updated by the
information in the Dec. 2007 status memo.
Memo
To: Madelyn Jackrel, Century National Properties
From: Nancy Beresky, PG; Principal Hydrogeologist
Date: December 3, 2007
He: Current Status of Environmentsllssues at Rossmoor Center
CC: Austin Podrat, CNP
.
o Urgent
iI For Review 0 Please Comment 0 Please Reply DPlease Recycle
The pmpose of this memo is to provide status on env.ironmen:ta1. issues within the Rossmoor
Center. Specifically, historical and current environmental issues for the Rossmoor Center are
associated with the following properties:
> The existing Chevron gasoline station at 12541 Seal Beach Boulevard
> The existing Conocol76 (former Unocal 76) gasoline station at 12071 Seal Beach
Boulevard
> Former Goodyear tire and service center at 12239 Seal Beach Boulevard.
> Former Goodyear waste dumpster area south oftb.e service center
> Former Winston Tire center at 12229 Seal Beach Boulevard
> Former Rossmoor dIy cleaners (demolished in 2002, location is on the south central
portion oftb.e existing Kohl's department store with address is 12345 Seal Beach.
Boulevard)
Following is a short summary/discussion of each:
Chevron -12541 Seal Beach Boulevard
.
Underground storage tanks at this service station leaked and impacted shallow groundwater
with gasoline-related compounds in the late 1980's. 01evr0n has been actively IIlOllitoring
~ since the early 1990's. In addition, multiple pilot tests have been performed to
identify feast"le remediation teclmiques under the supervision of the Orange County Health
Ms. Made1yn Jac1ael
Memo Ie: EnvhnnroP.nml Issue Update
Page2of4
Wa1cIstane Envimnmental..Jnc.
December 3,2007
.
Care Agem;y (OCHCA). Centmy National Properties and Waterstone are in close
comrmmication with both Chevron and the OCHCA regarding progress.
The groundwater plume does not appear to have migrated offsite. The soils in this area. are
very impeImeable and pilot tests for traditional IP.roP.rlisrtion methods show 1hat a hybrid
remediation method will be required to achieve cleanup.
Chevron and Wa.1:etstuue had a meeting in late April 2007 with the OCHCA and subsequently
convened a technical meeting to evaluate the geologic chsIlP.nges. A new hybrid pIan for
remediation has been formulated and has been pilot tested and evaluated. Remediation will be
continued when the system is installed (anticipated in the first quarter of2oo8). The OCHCA
is informed that Chevron's lease expires in 2010 and concurs that remediation should be
achieved by that time.
Conocon6 -12071 Seal Beach Boulevard
Underground storage tanks at this service station leaked and impacu:cfshallow groundwater
with gasoline-related compounds in the late 1980's. Canoco/76 bas been actively monitoring
groundwater since the early 1990's. In addition, multiple pilot tests have been performed to
identify feasible remediation techniques under the supervision of the OCHCA. Century
National Properties and Wcdtastoue are in close comIUlmicati.on. with both Conocof16 and the .
OCHCA regarding progress.
The groundwater plume appears to have migrated o~ into Seal Beach Boulevard. The
soils in this area are very impermeable and pilot tests for traditional:remediation methods have
not yielded the typical successful results.
Conoc0f76 ins1alled an ozone injection treahllent system which has been approved by
OCHCA and is cm:rent1y operational. It is ex:fIacting connnninsn1$ and is expected to nm for
several years prior to acamplishing cleanup goals.
Former Goodyear -12239 Seal Beach Boulevard
Seven hoists, a steam. cleaIJing basin, a c1arifi.~, and an tmderground waste oil storage tank
existed at this site. All of these features were removed and any associated impacted soil was
also removed.. Goodyear's COIU311nmt, SECOR, has provided the da13. for confinnstian soil
. samples and closure report for the Goodyear service center to the OCHCA as of April 2007.
A "No Further Action" letter was prepared by the OCHCA dated June 15, 20071hat indicates
the completion of necessary enviromnen1al activities for these features.
Former Goodyear Waste Dumpster .Area (behindformer Parasol Restaurant)
This is an area. where elevated concen1mtions of gasoline-range hydrocarbons were detected in
soil and groundwater. The impacted area for both soil and groundwater measured less than .
100 square feet Soil remediation was pe1formed from October 2006 through Januaty 2007
.
Ms. Madelyn Jackre1
Memo re: Enviromnen1al Issue Update
Page 3 of4
Watcmtone EnviromDm1al, Inc.
December 3,2007
both by excavation of approAimate1y 80% of the 'hot spot' and dual phase extraction of vapor
and groundwater.
The OCHCA was contacted in February 2007 to review the data and approve the performance
of cnniinnAtion borings indicating that soil remediation is complete. OCHCA wi1nessed the
con:fumation borings, has reviewed the con:fumation boring data, and has verbally approved
soil closure. Soil closure was requested of the OCHCA in a report dated July 31, 2007. A soil
closure letter from. OCHCA is anticipated before year end.
Groundwater monitoring is ongoing. It is posSIble that some additional groundwater
extraction will. be required pending the results ofinitial monitoring activities. Downgradient
wells have been installed to evaluate plume migration. The data indicate the plume is very
stable and not migrating. Contim1ed quarterly monitoring is anticipated for at least 2 more
quarters. If any elevated groundwaterresults are detected, additional ex1Iaction of
groundwater from existing wells may be required. The Regional Water Quality Con1roI
Board (RWQCB) is the oversight agency for the groundwater cleanup. The RWQCB has
requested a meeting December 4, 2007 with the possibility of considering closure of
groundwater issues.
.
As a best --case scenario, the site could be closed a.fter 2 more quarters ofmnnitQring. As a
worst-case scenario, groundwater monitoring for at least one year could be required. Based on
monitoring data, if additional water extraction is required, closure of groundwater may take up
to 1.5 years :from. now.
Former W'lTISton Tire Center-12229 Seal Beach Boulevard
This site had 4 pneumatic hoists for car servicing. Hoists were removed in September 2004.
Confirmation soil samples were collected at that time under the oVCISight of the OCHCA to
ensure that no impacted soil remained inside the hoist pim. Enviromnen1al Audit performed
the hoist removal and prepared the closure report. Closure for this site was issued by OCHCA
in 2006.
.
Former Rossmoor Dry Cleaners (currently Kohl's -12345 Seal Beach Blvd)
Soil and groundwater were impacted attbis site by dry cleaning solvent (percb10r0ethylcne or
PCE). Soil and groundwater cleanup occmred in 2002 under the previous consultant, Twining
Laboratories. Soil closure was issued for this site by OCHCA.
To address groundwater issues Twining also performed post-remediation groundwater sample
collection at the request of the RWQCB. This consisted ofwateI sample collection:from.
hydropunch locations in between. existing groundwater monitoring wells. Based on those
results, WateIstone requested groundwater closure of the RWQCB in July 2006.
The RWQCB requested a small amount of additional extraction. Wate.tstone has iDsfa11ed the
groundwater monitoring well in. the approved location and sample collection has occmred.
Results indicate a decrease in groundwater cOIl\NlJ.'b:atlons. Based on prel;1]'1uuny conversation
Ms. Made1yn Jackrel
Memo re: EnviIonmcn1al Issue Update
Page4of4
l. .
Wa1l:mtDne EtMromnen1a1, Inc.
December 3. 2007
.
with !be RWQCB, it was detmmined 1hat additional extraction should be performed.
ExtI:ad:i.on activities commenced in November 2007. Extraction is anticipated to be
performed through year end. The RWQCB has requested an onsite meeting for December 4,
2007 to review this case for near term closme. Closme is anticipated during lit quarter of
2008.
If you have any questions, please call me at 714-414-1122.
(END)
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This 9 page excerr; 'Om Waterstone's
\
original Phase I EA lor the Rossmoor
Center has been compiled by Nancy
Beresky. P.G.
Phase I Environmental
Assessment Report for the
Rossmoor Center
Subject Property Located at
12071,12239,12341,12343,12345,12443,12451,
12489, 12491, 12493, 12501, 1253, 12541 and 12515
Seal Beach Boulevard
Seal Beach, California 90740
July 17, 2006
Project: 04-273
Prepared for: Century National Properties, Ine.
2811 Wilshire Boulevard, Suite 64
Santa Monica, Califomia 90403
Prepared by:
..1
.w
Waterstone Environmental, Ine.
2936 East Coronado Street
Anaheim, Califomia 92806
(714) 414-1122; Fax (714) 414-1166
Proprietary Notice:
The report and its contents are PRIYlLEGED.AND CONFlDEN'l'L4.L INFORMATION. This document should not
be tluplicatetJ or copied under arry circumstances withmd the express permission of Waterstone Errvironmental, Inc.
The purpose of the report is to aOow the client listed abuve to evaluate the potential environmental liabilities at the
Subject Property. Any 'llnallthorized reuae ofWaterstone Environmenta/lnc. reports or data will be at the
unauthorized l18eT 's sole risk and liability.
r
Phase I Environmental
Assessment Report for the
Rossmoor Center
.
Subject Property Located at
12071,12239,12341,12343,12345,12443,12451,
12489, 12491, 12493, 12501, 1253, 12541 and 12515
Seal Beach Boulevard
Seal Beach, California 90740
July 17,2006
Project: 04-273
PreptD'ed by:
.
~v.1t:.J' -
effrey V. gdigian, PhD
Managing Partner
..
.W
Waterstone Enviromnenta1, Inc.
2936 East Coronado Street
Anaheim, California 92806
(714) 414-1122; Fax (714) 414-1166
.
.
.
.
Section 4.0
Government Database Review
4.1
Government Databases Searched
An investigation of the government environmental databases related to the Subject Property and
the nearby area was conducted to identify potential RECs that may be recorded in government
database systems or files. Properties that have or may have the potential for existing or :future
site confRmina:tion, environmenta1liabilities, or the potential for contamination migration to
surrounding areas are listed in this report. The information pertaining to the sites on the
regulatory databases was obtained from the EDR Radius Map with GeoCheck (See Appendix A)
provided by EDR. The databases searched are detailed below. The results of the Subject Property
and Surrounding Property listings are snmmarized in Sections 4.2 and 43, respectively.
Federal Database Review
National Priorities List
The National Priorities List (NPL) is the Environmental Protection Agency's database of
uncontrolled or abandoned hazardous waste sites identified for priority remedial actions under
the Superfimd program. A site, to be included on the NPL, must either meet or surpass a
predetermined hazard ranking system score, or be chosen as a state's top-priority site, or meet all
three of the following criteria: 1) the US Department of Health and Human Services issues a
health advisory recommending that people be removed from the site to avoid exposure; 2) EP A
determines that the site represents a significant threat, and 3) EP A determines that the remedial
action is more cost-effective than removal action. The ASTM defined search radius for NPL sites
is one mile from the Subject Property. .
Comprehensive Environmental Response Compensation Liability Information System
The Comprehensive Environmental Response, Compensation, and Liability Information System
(CERCUS) list includes a list of properties/facilities, which are suspected or confirmed to have
adversely impacted the environment. The list is comprehensive in that it includes all properties
for which an allegation has been made regarding environmental cont1tminanOD. The ASTM
radius for CERCUS is one-mile from the Subject Property.
Resource Conservation and Recovery Act
The EP A's ResoUI'Ce Conservation and Recovery Act (R.CRA) program identifies and tracks
hazardous waste from the point of generation to the point of disposal. The RCRA Facilities
database is an EP A compilation of reporting facilities that generate, store, 1ransport, treat or
dispo~e of hazardous waste. However, the listing of a site as a hazanious waste generator does
not necessarily indicate that a hazardous waste release bas occurred or that contamination exists
at that address.
Rossmoor Ceatcr Phase I BA
~Beac:h. CA
Wllll:nltclne BuvinmmcmtIIJ, IDe.
Project 04-273
8
Section 4.0
Government Database Review
.
CORRACTS
The EP A maintains a database ofRCRA facilities, which are undergoing corrective action. A
corrective action order is issued pursuant to RCRA Section (h) when there has been a release of
hazardous waste or constituents into the environment from a RCRA facility. The ASTM defined
radius for CORRACTS is one mile from the Subject Property.
RCRlS- Permitted Treatment. Storage, and Disposal (I'SD)
RCRA- TSD facilities are those that treat, store, and/or dispose ofbazardous waste. The ASTM
defined searched radius for this database is one-half mile from the Subject Property.
RCRlS- Large and Small Quantity Generators
A RCRIS small quantity generator (SQG) site generates at least 100 kilograms per month but
less than. 1,000 kilograms per month of non-acutely hazardous waste. A RCRIS large quantity
generator (LQG) generates at least 1,000 kilograms "per month of non-acutely hazardous waste or
one kilogram. per month of acutely hazardous waste. The ASTM defined searched radius for this
database is one-quarter mile from the Subject Property.
Emergency Response Notification System
.
The Emergency Response Notification System (ERNS) is a national database of information or
report releases of oil or hazardous substances. The database contains information from spill
reports made to the federal authorities including the U.S. EPA, U.S. Coast Guard, and the U.S.
Deparbnent of Transportation.
CONSENT
Addresses listed in major legal settlements that establish responsibility and standards for cleanup
at NPL (superfund) sites are released periodically by United States District Courts after
settlement by the parties to the litigation matters. The ASTM defined searched radius for this
database is one mile from the Subject Property.
RODs
Records of Decision (RODs) documents mandate a permanent remedy at an NFL (Superfund)
site containing technical and health information to aid the cleanup. The ASTM defined searched
radius for this database is one mile from the Subject Property.
JJJNES
The M:tNES database is a record of mine locations maintained by the United States Department
of Labor, Mine Safety and Health Arlmin;!;.tra.tion. The ASTM defined searched radius for this .
database is one-halfmile from the Subject Property.
Rossmoor CllI11I:r Phase I BA
Sea1~ CA
9
WlItarsIDDe Envimmmm.taI, IDe.
Project: 04-273
Section 4.0
Govemm.ent Database Review
.
State Database Review
Annual Work-plan (A.WP)
The Annual Work-pIan Database (A WP) includes sites on the state priority list (also refened to
as the SPL). The ASTM defined searched radius for this database is one mile :from. the Subject
Property.
CAL-Sites (Formerly ASPIS)
The Cal-Site database, formerly known as ASPIS, contains both known and potential hazardous
substance sites identified by the California Department of Toxic Substances Control (DTSC).
The ASTM defined searched radius for this database is one mile from the Subject Property.
CHMlRS
The California Hazardous Material Incident Report" SYstem (CHMlRS) contains infozmatio:J? on
reported hazardous incident (i.e. accidental releases or spills) provided by the California office of
Eniergency Services. The ASTM defined searched nulius for this database is limited to the
Subject Property.
. CORTESE
The Office of Environmental Protection, Office of Hazardous Materials publishes a listing of
confirmed hazardous waste sites based on input from several databases, including: 1) CALSlTES
- Department of Toxic Substances Control, Abandoned Sites Program Information Systems, 2)
SARA Title ill Section m Toxic Chemicals Release Inventory, 3) FINDS, 4) HWIS _
Department of Department of Toxic Substances Control, Hazardous Waste Information System,
5) State Water ResOUTCeS Control Board, 6) Integrated Waste Management Con1ro1 Board, 7) Air
Resources Board, 8) RWQCB - Leaking Underground Storage Tanks, 9) RWQCB -
Unde.rgroun.d Storage Tanks, 10) Update Rule (Chemical Manufacturers), 11) Waste Board, 12)
Waste Discharge System, and 13) Department of Toxic Substances Control Docket. The ASlM
defined searched radius for this database is one mile from the Subject Property.
Notify 65
Notify 65 records, assembled from the State Water Resources Control Board's Proposition 65
database, contain facility notifications about any release that could impact drinking water and
thereby expose the public to potential health risk. The ASTM defined searched radius for this
database is one mile from the Subject Property.
Toxic Pits
.
The Toxic Pits Database identifies sites suspected of containing hazardous substances where
cleanup has not yet been completed. The ASTM defined searched radius for this database is one
RDssmoor Cam:r Phase I BA
Seal Beach, CA
10
Watmstone Bnviromm:atal, Jnc.
Project: 04-273
I"
t. _ .
Section 4.0
Government Database Review
mile from the Subject Property.
.
State Landfill (SWFILF)
Solid Waste Information System (SWF/LF) records typically contain an inventory of solid waste
disposal facilities or landfills that may be active or inactive facilities or open dumps that failed to
meet ReRA Section 4004 criteria for solid waste landfills or disposal sites. The ASlM defined
searched radius for this database is one-half mile from. the Subject Property.
WMUDS/SWAT
The Waste Management Unit Database System (WMUDS) is used for program tracking and
inventory of waste management units and is provided by the State Water Resources Control
Board. The ASTM defined searched radius for this database is one-half mile from the Subject
Property.
Bond Expenditure Plan (BEP)
The site-specific Bond Expenditure Plan (BEP) listing was compiled by the Department of
Health Services as the basis for an appropriate of HazardOus Substance Cleanup Bond Act Funds
and is not updated. The ASTM defined searched radius for this database is one mile from the
Subject Property.
.
Registered Underground Storage Tanlr.Y
Underground storage tanks are regulated under Subtitle 1 of the Resource Conservation and
Recovery Act (RCRA). The risk commonly associated with UST sites is based on a possible
release of a hazardous substance/waste from underground storage tanks or containers. The
primary concerns related to USTs are the potential migration of con'blm;nA:tion impacting the
Subject Property soil, groundwater, and/or potable water supply. The ASTM defined searched
radius for this database is one-quarter mile from the Subject Property.
Leaking Underground Storage Tank Incident Report
Leaking underground storage tank records contain an inventory of reported leaking underground
storage tank: incidents. The ASTM defined searched radius for this database is one-half mile
from the Subject Property. .
Voluntary Cleanup Program (VCP)
The Voluntary Cleanup Program (YCP) database includes low threat level properties with either
confirmed or unconfirmed releases where the project proponents have requested that the DTSC
oversee investigation andlor cleanup activities and have agreed to provide coverage for DTSC
activiti~s. The ASTM defined searched radius for this da1abase is one-half mile from the Subject .
Property.
Rosamoor CentIlr Phase I BA
SllIIl ~llIICh, CA
11
WaImstoIul BnviraommdaJ, lDc.
Project: 04-273
.
.
.
Section 4.0
Govemment Database Review
Surrounding Property Unique Local, Supplemental, and/or Proprietary Databases
DRY CLEANERS
The Drycleaners database contains a listing of dry cleaning related facilities with EP A
identification numbers and includes power laundries, garment pressing, dry cleaning plants,
upholstery cleaning, and similar service locations. The ASTM defined searched radius for this
database is one-quarter mile from the Subject Property.
California SUC Database
This database is derived from the California Regional Water Quality Control Board's list of
spills, leaks, investigations and/or cleanup (SLlC) sites. The ASTM defined searched radius for
this database is one-half mile from the Subject Property.
HAZNET
The HAZNET database lists sites that have generated hazardous waste manifests received by the
Department of Toxic Substances Control (DTSC). The ASTM defined searched radius for this
database is limited to the Subject Property.
Historical Databases
The Historical Gas Station and Dry Cleaners database, compiled by EDR from national
collections of business directories, includes, but is not limited to, historical gas stations, :filling
stations, auto service stations, dry cleaners, and laundry facilities that were available to the EDR
researchers.
The findings of these databases are provided in the following sections.
4.2 Subject Property Summary
The Subject Property addressesl were listed in the ERNS, UST, HAZNET, LUST, RCRA-SQG,
and FINDS databases in the EDR Report. These listings are snmmarized below:
> According to the EDR Report, the Subject Property address, 12239 Seal Beach
Boulevard, is listed twice in the ERNS cJatabase for an ethylene glycol spill to the storm
sewer at the former Goodyear Tire business in September 1990. The company mAnager
was reportedly called and warned to stop dumping this material. No further information
regarding this incident is provided in the EDR Report.
> The former Subject Property tenant, Goodyear M & N Coastline, is listed in the EDR
Report's State Underground Storage Tank (UST) database. No further information
1 Due ~ the size of the Subject Property, several S1JIl'OUD.ding properties listed in the IIDR Report are or were located
within the Subject Property boundaries. These sites are summarized as part of the Subject Property.
Roumoor Cen1Ilr Phase 1 BA
SlllIl Beach, CA
WlIIe1'IIUlml EnWmmum1lI1, 1m:.
PrDject04-273
12
Section 4.0
Govemment Database Review
regarding USTs at the Subject Property is provided in the EDR Report. Additional
information regarding this Subject Property tenant is discussed in greater detail in
Section 5.0 of this report.
> The former Subject Property tenant, M & N Coastline Auto and Tire, is listed in the
EDR Report's HAZNET database. According to the EDR Report, 2.11 tons of waste oil
and mixed oil were removed from the Subject Property for recycling. No further
information rega:rding this listing is provided in the EDR Report.
> The former Subject Property tenant, Goodyear, is listed in the EDR Report's FINDS and
RCRA-SQG databases. According to the EDR Report, no RCRA violations are reported
for the Subject Property. No further information regarding this listing is provided in the
EDR Report.
> The former Subject Property tenant, Rossmoor Center Animal Clinic Inc., at 12.231
Seal Beach Boulevard, is listed in the HAZNET database. According to the EDR Report,
0.140 tons of''meta1 sludge - alk'aline solution with metals" was removed from the
Subject Property for recycling. Additional information regarding this former Subject
Property tenant is discussed in greater detail in Section 5.0 of this report.
> The former Subject Property tenant, Rossmoor Center Animal Clinic Inc., at 12231
Seal Beach Boulevard, is listed in the Cleaners databases. Based on available
information, this listing may reference a dry cleaning business that was formerly located
at the Subject Property. Additional information regarding this former Subject Property
tenant is discussed in greater detail in Section 5.0 of this report.
> The former location of the current Subject Property tenant, Rossmoor Cleaners, at
12441 Seal Beach Boulevard., is listed in the EDR Report's SLlC database. According to
the EDR Report, an initial investigation was performed at this site for percblorethylene
(PCE) impact to groundwater. Additional information regarding this former Subject
Property tenant is discussed in greater detail in Section 5.0 of this report.
> The former location of the current Subject Property tenant, Rossmoor Cleaners, is listed
in the EDR Report's RCRA-SQG and FINDS databases. According to the EDR Report,
no RCRA violations are reported for this site.
> The former location of the current Subject Property tenant, Rossmoor Cleanen, is listed
in the EDR Report's HAZNET, Orange Co. Industrial Site, and Cleaners databases.
According to the EDR Report, the Clean~ listing was created in April 1987 and made
"inactive" in May 2004. According to the EDR Report's HAZNET listing, 4.0589 tons of
"halogenated solvents" and 2,969 tons of "CODtam;nated soil from site cleanups" have
been removed from this site. According to the EDR Report's Industrial Site database, a
closure certification was issued in August 2002 for a perchloroethylene release.
Additional information regarding this former Subject Property tenant is discussed in
greater detail in Section 5.0 of this report.
> Subject Property tenant, Tosco176 Station #4686, at 12071 Seal B~ Boulevard., is
,listed in the EDR Report's LUST (twice) and Cortese databases. According to the EDR
. . Report, a remediation plan is being prepared for reported gasoline impact to grolmdwater
at this site. Additional information regarding this Subject Property tenant is discussed in
Ro&&moor Cemer Phase 1 EA.
Seal Beach. CA
WatenItm1e &vil......""'ml, 1m:.
Project: 04-273
13
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Section 4.0
Govermnent Database Review
greater detail in Section 5.0 of this report.
> The Subject Property address, 12071 Seal Beach Boulevard, is listed once in the County
UST database and twice in the Historical (HIST) UST database. According to the IDST
UST listing, one (1) 550-gallon waste oil UST, one (1) 9,886-gaUon diesel UST, and two
(2) 11,763-gallon gasoline USTs were installed at the Subject Property in 1982.
According to the second mST UST listing, a "waste" tank of unknown size was also
installed at the Subject Property.
)- The former Subject Property tenant, Happy 1 Hr Photo, at 12391 Seal Beach Boulevard,
is listed in the EDR Report's RCRA-SQG, FINDS, and Los Angeles Co. HMS databases.
According to the EDR Report, no RCRA violatitms are reported fOr this site. Two (2)
open and two (2) closed HMS permits are listed in the EDR Report. No further
information regarding this former tenant is provided in the EDR Report.
)- Subject Property tenant, Chevron #9-5568, at 12541 Seal Beach Boulevard, is listed in
the EDR Report's LUST (twice) and Cortese databases. According to the EDR Report,
this site received case closure in February 1992 :ftom the oversight agency for a reported.
waste oil leak to soil only. Currently, a remediation plan is being prepared for gasoline
impact to groundwater at this site. Additional information regarding this Subject Property
tenant is discussed in greater detail in Section 5,.0 of this report.
Additional information regarding the Subject Property and selected nearby properties was
requested from local agencies.' The results offile reviews are snmm~rized in Section 5.2 of this
report.
Rossmoar CeI1IBr PhBsa 1 BA
Seal ~each, CA
Watelstm1e Btn'iulIIwmi!ld, 1m:.
Project 04-273
14
.
ATTACHMENT 7
PLANS
.
.
Page 23
Conditional Use Permit 08-2
Planning Commission Staff Report
12415 Seal Beach Boulevard
. February 20, 2008
.
Public Hearing De Novo re:
Appeal of Conditions on Conditional Use Permit 08-2
Mar 12, 2(){)S
Continued to May 27, 2008
ATTACHMENT 5
PROJECT DEVELOPMENT PLANS
.
.
os - Staff Report - V - CUP #08.2 Appeal - 12415 see (PetSmart)
10
.
PETSHOTEL
.
_ _~ . r
I.~
\..
--:-------
"Q
.
.
Petsmart - Floorplans
SHOPS AT ROSSMOOR
12151-12235 SEAL BEACH BLVD., SEAL BEACH, CA 9D7.4l1
VETERINARY
FIXTURE SCHEDULE
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