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HomeMy WebLinkAboutCC AG PKT 2008-06-09 #H . AGENDA STAFF REPORT DATE: June 9, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF RESOLUTION NUMBER 5739 - APPROVAL OF CONDITIONAL USE PERMIT 08-2, 12415 SEAL BEACH BOULEVARD (PETSMART) SUMMARY OF REQUEST: . Waive further reading and Adopt Resolution Number 5739, A Resolution of the City Council of the City of Seal Beach Approving Conditional Use Permit 08-2 for a Pet Store with Pet Boarding Facilities, Veterinary Services, Pet Grooming, Pet Training, and Pet Adoption Services at 12415 Seal Beach Boulevard, Seal Beach (PetSmart). BACKGROUND: The City Council considered this matter at a public hearing on May 27,2008 and determined to approve the subject Conditional Use Permit with modified condition language and directed staff to prepare the appropriate resolution. Staff has prepared the appropriate resolution for City Council consideration and is recommending the adoption of said resolution. FISCAL IMPACT: None. RECOMMENDATION: . Waive further reading and Adopt Resolution Number 5739, A Resolution of the City Council of the City of Seal Beach Approving Conditional Use Permit 08-2 for a Pet Store with Pet Boarding Facilities, Veterinary Services, Pet Grooming, Pet Training, and Pet Adoption Services at 12415 Seal Beach Boulevard, Seal Beach (PetSmart). Agenda Item H z.:\Oa-Q9-08 Council Meeting - Agenda Items\DS . Staff Report. H - CUP 08-2 PetSmart - Res #5739.doc\LW\05-28-08 . . . Adoption of Resolution No. _ re: Approval of Conditional Use Permit 08-2 12415 Seal Beach Boulevard (PetSmart) City Council Staff Report June 9, 2008 NOTED AND APPROVED: ~.".. David carmany,dty Manager Whittenberg Director of Development Servic Attachment: Resolution Number , A Resolution of the City Council of the City of Seal Beach Approving Conditional Use Permit 08-2 for a Pet Store with Pet Boarding Facilities, Veterinary Services, Pet Grooming, Pet Training, and Pet Adoption Services at 12415 Seal Beach Boulevard, Seal Beach (petSmart) os . Staff Report - H - CUP 08-2 PetSmart - Res #xxxx 2 RESOLUTION NUMBER 5739 . A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 08-2 FOR A PET STORE WITH PET BOARDING FACiliTIES, VETERINARY SERVICES, PET GROOMING, PET TRAINING, AND PET ADOPTION SERVICES AT 12415 SEAL BEACH BOULEVARD, SEAL BEACH (PETSMART) THE CITY COUNCIL 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. 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 2. Pursuant to the Seal Beach Municipal Code, the City may conditionally approve a pet store use, subject to conditions designed to ensure that the use is compatible with surrounding uses, the community in general and the General Plan. . . 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 of 20% slope or a change in land use or density . Section 4. After a duly noticed public hearing held on February 20, 2008 the Planning Commission adopted Planning Commission Resolution No. 08-6, conditionally approving the proposed pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services, subject to certain conditions designed to ensure compatibility with surrounding uses, the community in general, and the General Plan. Section 5. The Applicant duly filed a notice of appeal, objecting to the condition imposing a required 6-month review of the approved Conditional Use Permit, Condition 27 of Planning Commission Resolution 08-6. Section 6. The City Council considered the appeal at a duly noticed public hearing held on May 27,2008. The applicant/appellant spoke in favor of the application and no persons spoke in 9PPosition. Section 7. The record of the hearing indicates the following: a. On January 16, 2008, Austin Pod rat 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. Pursuant to the Seal Beach Municipal Code, a pet store use is a conditionally permitted use, subject to conditions designed to ensure that the use is compatible with surrounding uses. Resolution 5739 . c. 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. d. 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. e. 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 Rossmoor. EAST: Commercial uses within the General Commercial (C-2) Zone (Old Ranch Town Center). Residential uses within the Residential High Density (RHD) Zone; Residential uses within the unincorporated community of Rossmoor. WEST: . f. 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. g. Oral evidence was presented at the public hearing regarding the concerns of PetSmart regarding the impacts of Planning Commission Condition 27 language on their ability to conduct a long-term business operation on the subject property and the proposed compromise language submitted to the City for consideration. Section 8. Based upon substantial evidence in the record of the hearing, including the facts stated in Sections 1 through 7 of this resolution, and pursuant to ~~ 28-800, 28-2503 and 28-2504 of the City's Municipal Code, the City Council hereby finds: a. As reasonably conditioned, 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 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. b. As reasonably conditioned, 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. Resolution Number 5739 . Section 9. Based upon the foregoing, the City Council hereby approves Conditional Use Permit 08-2 for a pet store with pet boarding facilities, veterinary services, pet grooming, pet training, and pet adoption services at 12415 Seal Beach Boulevard, Seal Beach, 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, unless otherwise directed by a licensed veterinarian or licensed veterinary technician. . 7. Food and drink receptacles within all animal cages and boarding facilities shall be constructed and positioned to minimize fecal contamination. 8. All animal cages, holding pens, boarding areas, play areas, etc. shall be maintained in a sanitary condition, and as provided by State law. 9. All animals shall be provided with adequate housing and space, and as provided by State law. 10. An 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 by State law. 11. Any sick or injured animal must receive appropriate care and treatment immediately, as provided by State law. 12. No wild or dangerous animals, as defined in California Fish and Game Code, Section 2116-2127 and California Administrative Code, Title 14 and 671, 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 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. Resolution 5739 . 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 Citv of Seal Beach, to require the provision of additional security measures. 20. The establishment shall comply with Chapter 7.15, "Noise" of the ~ Seal Beach Municioal 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 lighting and security plan shall be submitted to the Director of Development Services for approval prior to the issuance of a building permit. Lighting plan shall provide 'cut-off' or similar fixtures to ensure that there is no light encroachment onto adjacent commercial or residential properties, yet provide adequate lighting for security purposes. 23. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" 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: 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 Citv of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal o( 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. 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 connection with the business operation or (2) legitimate complaints have been filed that the business operation has not complied with the conditions of approval Resolution Number 5739 . (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 of legitimate. Upon receipt of any evidence supplied by the business operation, City Staff shall further investigate any Significant Problems and Complaints, if any, and then work with the business operation to cure any complaint City Staff feels is a legitimate ongoing concern. City Staff will 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 remedied, it shall instruct City Staff to inform 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. . 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 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. 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 City Council of Seal Beach, at a meeting hereof held on the .Jill:L day of June, 2008 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: . City Clerk Resolution 5739 . STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby qertify that the foregoing resolution is the original copy of Resolution Number 5739 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 9th day of June , 2008. City Clerk . .