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HomeMy WebLinkAboutPC Res 97-13 - 1997-06-04 ~ RESOLUTION NUMBER 97-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 97-4, PERMITTING THE OPERATION OF A VETERINARY HOSPITAL WITHIN THE LIMITED COMMERCIAL ZONE LOCATED AT 1700 PACIFIC COAST HIGHWAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE. Section 1. On April 24, 1997 Dick Mitchell submitted an application for CUP 97-4 with the Department of Development Services. The applicant is seeking to operate a veterinary hospital within an existing commercial building located at 1700 Pacific Coast Highway, Seal Beach In addition to veterinary services, the business would provide incidental retail sales and animal boarding. All animal boarding will be indoors with no outdoor pens Section 2. Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staffhas determined as follows The application for CUP 97-4 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use and, pursuant to ~ 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3 A duly noticed public hearing was held before the Planning Commission on May 21, 1997 to consider the application for CUP No 97-4 At the public hearing the applicant spoke in favor of the request with no one speaking in opposition. Section 4 The record of the hearing on May 21, 1997 indicates the following (a) On April 24, 1997 Dick Mitchell submitted an application for CUP 97-4 with the Department of Development Services. (b) Specifically, the applicant is seeking to operate a veterinary hospital within an existing commercial building located at 1700 Pacific Coast Highway, Seal Beach ( c) In addition to veterinary services, the business would provide incidental retail sales and animal boarding. All animal boarding will be indoors with no outdoor pens (d) The subject lease space is located within the recently completed Mitchell Plaza development located at 1700, 1650 and 1700 Pacific Coast Highway (e) The subject property is located at the southeast corner Pacific Coast Highway and 171h Street (f) Pacific Coast Highway is a primary street with a right-of- way of 100 feet (g) The surrounding land uses and zoning are as follows NORTH Located across Pacific Coast Highway are single family dwellings in the Residential Low Density zone (RLD) SOUTH A mixture of single-family and multi-family residential uses in the Residential Medium Density zone (RMD). WEST A mix of commercial uses in the Limited Commercial zone (L-C) and the General Commercial zone (C-2) o 'My DocumentsICondrtlonal Use Pennrts\97-4 Resolutlon.doc Planmng CommISSIOn ResolutIOn No 97-13 June 4, /997 EAST A mix of commercial uses in the General Commercial zone (C-2) (h) Staff has received no comments, written or other, regarding the mailed/published notice regarding CUP 97-4 Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-1152, 28-1154, 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) CUP No 97-4 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "limited commercial" designation for the subject property and permits the operation of professional offices for doctors and pet shops subject to the issuance ofa Conditional Use Permit. The use 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 1700 Pacific Coast Highway 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 proposed veterinary hospital is compatible with the uses of other properties in the immediate area (d) The proposed use will not attract a large volume of vehicular traffic. (e) The proposed use will be located within in existing building and will not result in visual or functional conflict with nearby uses, nor will it noise or congestion unlike similar uses in the nearby area (f) The proposed use can be serviced by trucks with no more than two axles and will not contribute to the domination of one type of use within the zone (g) Pacific Coast Highway is a significant noise generator during the proposed operating hours. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 97-4, subject to the following conditions I CUP 97-4 is approved for the operation of a veterinary hospital within an existing commercial building located at 1700 Pacific Coast Highway, Seal Beach In addition to veterinary services, the use may provide incidental retail sales and animal boarding All animal boarding will be indoors with no outdoor pens. 2 A modification of this Conditional Use Permit shall be obtained when' (a) The establishment proposes to change the type of operation (b) The establishment proposes to modifY any of its current conditions of approval (c) There is a substantial change in the mode or character of operations of the establishment 3. All tenant improvements (construction) shall be in substantial compliance with the floor plan approved through CUP 97-4 4. The proposed facility shall comply with Chapter 13D, "Noise Control", of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may 97-4 Resolution BCC be Page 2 . , Planning CommISSIOn Resoluhon No 97-13 June 4, /997 require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 5. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation ofthe approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 6. This Conditional Use Permit sha1l become null and void unless exercised within one (1) year of the date of fina1 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. 7. This Conditional Use Permit shall not become effective for any purpose urtless an "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) day appeal period has elapsed 8. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services 9. The term of this permit shall be for twelve (12) months, after which time the applicant may apply to the Commission for an indefinite extension, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occur with respect to the subject property. PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach at a meeting thereof held on the 4th day ofJune, 1997 by the following vote AYES. Commissioners Brown, Hood, Law, Sharp, Yost NOES: Commissioners ABSENT Commissioners B an M. Brown, M.D , Chairman Planning Commission 97-4 ResoIubon BCC be Page 3