HomeMy WebLinkAboutPC2021-010 - APPROVING CONDITIONAL USE PERMIT NO. UP2020-191 TO ALLOW AN ANIMAL CLINIC AT 1220 BISON AVENUE (PA2020-325)RESOLUTION NO. PC2021-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2020-191 TO ALLOW AN ANIMAL CLINIC AT 1220 BISON AVENUE (PA2020-325) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Architectural Werks, Inc. (“Applicant”), with respect to property
located at 1220 Bison Avenue, Suite A7, in the City of Newport Beach, and legally
described as Lot 6 of Tract 12309 (“Property”) requesting approval of a conditional use permit. 2. The Applicant proposes a full-service animal clinic for domestic pets (i.e., veterinary
services) within an existing 3,414-square-foot retail tenant space. Clinic services include a
range of outpatient offerings such as preventive animal care and pain management, wellness exams, surgeries, and vaccinations. Only animals in critical condition would be kept onsite longer than 24 hours. The hours of operation would be restricted to 8 a.m. to 6 p.m., daily.
3. The Property is categorized CG (General Commercial) by the City of Newport Beach General Plan Land Use Element and is located within the PC-5 (North Ford Planned Community) Zoning District under Commercial, Area 3.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required. 5. A public hearing was held by the Planning Commission on May 6, 2021, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the hearing was
given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment. Class 1 includes interior or exterior alterations to existing facilities. The Project involves tenant improvements to convert an existing retail store into an animal clinic for domestic pets. There will be no resulting changes to the existing floor area of the tenant space or number of parking spaces required.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
A. The use is consistent with the General Plan and any applicable specific plan. Fact in Support of Finding:
1. The General Plan Land Use Element categorizes the site for commercial uses under
CG (General Commercial). This category is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs, such as the Project. The Project would bring in a new service to an existing shopping center and help to address the needs of owners and their pets within the surrounding community.
2. Consistent with Land Use Policy 5.6.1 (Compatible Development), the use is designed to ensure compatibility with the adjacent residential neighborhood and other onsite commercial tenants. The Project’s tenant improvements will incorporate soundproof acoustic panels on the walls and acoustical sealant around gaps between doors and
door frames to contain noise. No outside dog runs or cages would be used by the
Project. Clinic staff would walk two to three patients, three times daily, along an approved pathway located behind the building. While the walkway is adjacent to the Newport North Apartment Homes, the nearest residence is over 75 feet away and separated by covered carports and drive aisle. An 8-foot tall block wall also divides the
sites and would screen the staff as seen from the residential side. The Applicant would
regularly clean the walkway to prevent impacts from nuisance odors as well. 3. Land Use Policies LU 1.5 (Economic Health) and LU 2.4 (Economic Development) encourage a local economy that provides adequate commercial opportunities to
enhance the City’s fiscal health and residents’ quality of life. The Project is consistent
with the City’s economic development goals. It would provide revenue to the City and improve local service amenities addressing the needs of residents and their pets in the community.
4. Consistent with Land Use Policy LU 2.2 (Sustainable and Complete Community), the
Project emphasizes a use that enables Newport Beach to continue as a self-sustaining community. The Project minimizes the need for residents to travel outside of the community for veterinary services.
5. The current retail use is required to provide 14 parking spaces (or one space per
every 250 sq. ft. of gross floor area). Under NBMC Section 20.40.040 (Off-Street Parking Spaces Required), animal clinics typically require a lesser parking rate of one (1) space per every 400 square feet of gross floor area. Staff finds that the one (1) per 400 square foot rate in this case does not accurately reflect the number of
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spaces that the project will use in practice. The parking standards of NBMC 20.40.040 are the minimum required and a more extensive parking provision may be
required by the review authority in particular circumstances. If this standard parking
rate for animal clinics were assessed, the project would require only nine (9) spaces. However, the project expects 10 staff members on-site and would assist multiple customers at a time. To avoid possible parking impacts at the site, Staff has included Condition of Approval No. 19 to establish the commercial rate of one (1) space per
250 square feet of gross floor area as it is most consistent with the actual intensity
of the project. Condition of Approval No. 20 is included to require all employees to park onsite within the Newport North Shopping Center lot. With the adjusted parking requirement, there would be no change of the existing parking requirement.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of Title 20 (Planning and Zoning), and the NBMC.
Facts in Support of Finding:
1. The Project is in Commercial, Area 3 of the PC-5 (North Ford Planned Community) Zoning District. This area allows a variety of retail sales, restaurants, service uses, gas stations, and certain public facilities. Other uses are allowed at the discretion of
the Community Development Director if determined to be compatible with these
uses. The Project is compatible with the other uses within the 44,662-square-foot shopping center which consist of a variety of retail, fitness, restaurant and other uses. The hours of operation are consistent with other uses within the shopping center and the Project is a small, appointment-based operation. Additionally, the Project will not
create additional noise impacts as the Project site is entirely enclosed and
soundproofed. There are also no unusual services that have the potential to adversely impact the surrounding environment. 2. Commercial Area 3 of PC-5 does not expressly state the permitting requirements for
an animal clinic; however, uses which in the opinion of the Community Development
Director are compatible, may be permitted. The most similar designation in the NBMC to Commercial Area 3 is the CG (Commercial General) Zoning District. Under the CG (Commercial General) District, animal clinics require approval of a conditional use permit. Therefore, within Commercial Area 3 of PC-5, the Community
Development Director has determined that approval of a conditional use permit is
appropriate for the project. 3. The Project complies with all applicable requirements of Section 20.48.050 (Animal Sales and Services) of the NBMC. The Project is airconditioned and would be entirely
contained within the structure. Noise-abating material would be installed on both the
interior walls and ceiling of the tenant space abutting neighboring tenant spaces. The Project does not contain exterior dog runs and would only temporarily board those animals requiring emergency care. Animal cremation onsite is prohibited. The Project is not a kennel; therefore, the requirements of Chapter 7.35 of the Municipal Code
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do not apply. Additionally, Condition of Approval Nos. 5, 26, 28, and 30 require trash, noise, and odors to be contained and would help to prevent possible negative
impacts to the surrounding tenants and uses.
4. Fact in Support of Finding A.5 is hereby incorporated by reference. 5. Tenant improvements to the existing tenant space are interior and would require a
building permit. The Project would comply with Fire and Building codes and
accessibility requirements. All facilities for the treatment and confinement of animals shall be designed, installed, or constructed and maintained in a manner meeting the approval of the Director, the Newport Beach Police Department, and Orange County Health Department. No changes to the existing gross floor area or building footprint
are proposed.
Finding: C. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The existing shopping center provides a variety of retail, service, and restaurant
uses, which serve the surrounding community. The Project seeks to establish a new animal clinic within an existing retail space. Physical improvements would be exclusive to the interior space and no additional floor area is proposed. Parking is provided on the project site and is adequate to accommodate the Project.
2. The existing shopping center is surrounded by residential neighborhoods to the north and south, a storage facility to the west, and a commercial shopping center to the east across MacArthur Boulevard. The proposed use is compatible with the uses in the vicinity as it will serve residents with pets who need medical attention.
3. Expected staff count is a total of 10 employees consisting of two veterinarians, three front desk staff, one manager, and four vet assistants. All staff would park onsite as stated in Condition of Approval No. 19.
4. Clinic staff would walk two to three patients, three times daily, along an approved onsite
pathway located outside at the rear of the building. While the walkway is adjacent to the Newport North Apartment Homes, the nearest residence is over 75 feet away and separated by covered carports and drive aisle. An 8-foot tall block wall also divides the two sites and would screen the staff walkers from the residential side. Per Condition of
Approval No. 6, the Applicant would regularly clean the walkway to prevent impacts
from nuisance odors as well. 5. The hours of operation of the clinic are restricted from 9 a.m. to 6 p.m., which is compatible with the surrounding retail and food services uses in the existing shopping
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center. The earlier closing hour and later starting hour will improve compatibility with the adjoining residential neighborhood.
6. The animal clinic is located within an existing shopping center. Condition of Approval Nos. 5, 26, 28, and 30 require trash, noise, and odors to be contained and would help to prevent possible negative impacts to the surrounding tenants and uses.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.
Facts in Support of Finding: 1. The proposed tenant improvements would be limited to the inside of the existing tenant space and would not affect pedestrian circulation, parking spaces, or access
to existing tenants.
2. Access to the existing shopping center is provided on Bison Avenue and Camelback Street. No changes to emergency access are proposed and onsite circulation would not change.
3. The existing shopping center is adequately served by public services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use. Facts in Support of Finding:
1. Facts in Support of Finding A.2, A.5, and C.3 are hereby incorporated by reference. 2. The animal clinic is primarily for the treatment of outpatients. Only animals in critical condition would be kept onsite longer than 24 hours. The Project would operate mostly by appointment, wherein the few walk- in cases would be accepted for
emergency care. Only domestic pets would be treated and no animals larger than
the largest breed of dogs would be given medical or surgical services. Condition of Approval No. 7 restricts grooming activities to be incidential to the animal clinic use.
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3.The Project, as conditioned, is not expected to create adverse noise, traffic, or parkingimpacts to the surrounding neighborhood. The operator is required to take reasonable
steps to discourage and correct objectionable conditions that constitute a nuisance
within the facility, adjacent properties, or surrounding public areas, sidewalks, orparking lots, during business hours, if directly related to the patrons of the business.
4.Fact in Support of Finding A.5 is hereby incorporated by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds this project iscategorically exempt from the CEQA pursuant to Section 15301 under Class 1 (ExistingFacilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,Chapter 3, because it has no potential to have a significant effect on the environment.
2.The Planning Commission of the City of Newport Beach hereby approves Conditional UsePermit No. UP2020-191 subject to the conditions set forth in Exhibit A, which is attachedhereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordancewith the provisions of Title 20 (Planning and Zoning) of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MAY, 2021.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: None
ABSTAIN:
ABSENT:
BY:_________________________ Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, walking route plan, and building elevations stamped and dated with the date of this
approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit.
4. Use Permit No. UP2020-191 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.54.060 of the NBMC, unless an extension is
otherwise granted.
5. The area outside of the establishment, including public sidewalks, walkways, and
landscape areas, shall be maintained in a clean and orderly manner (including but not
limited to pet nuisances and odors). The exterior of the business shall be maintained free
of litter and graffiti at all times. The owner or operator shall provide for daily removal of
trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
6. The walking route shall be limited to the exterior on-site pathway at the rear of the tenant
space, as shown on the plans of this approval. Staff shall collect any droppings from the
animals immediately after production and regularly clean the walk route. Walking of animals off-site or within the residential community is prohibited.
7. Grooming activities must be incidental to the animal clinic use.
8. Animal cremation on-site is prohibited.
9. Only temporary boarding of animals requiring emergency care is allowed as an
accessory use. The project shall not operate as an animal boarding facility or kennel.
10. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
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11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
12. The hours of operation are restricted to between 8 a.m. to 8 p.m., daily. Limited on-site
staff needed for care of animas after hours is permitted.
13. All proposed signs shall be in conformance with the Newport North Planned Community
(PC-5) text and any City approved sign program.
14. Prior to building permit final, the Applicant shall install noise-abating material to both the interior walls and ceiling of the tenant space which abuts any neighboring tenant space
that may be adversely impacted by operations of the facility. The proposed material shall
be reviewed and approved by both the Planning and Building Divisions for installation
requirements.
15. The facility shall be air-conditioned and sound-attenuated. Air conditioning shall be
sound-attenuated so as to minimize noise from within the building.
16. Runs shall be in an air-conditioned and sound-attenuated building. Exterior dog runs are
prohibited.
17. All facilities for the treatment and confinement of animals shall be designed, installed, or
constructed and maintained in a manner meeting the approval of the Director, the
Newport Beach Police Department, and Orange County Health Department.
18. The disposal of medical waste or any bi-products shall be subject to all local regulations
governing the disposal of medical waste for the establishment, including the Orange
County Health Department.
19. The project shall require a parking rate of one space per every 250 square feet of gross floor area.
20. All employees shall park on-site within the Newport North Shopping Center. 21. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
22. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans.
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23. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning
Division.
24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and all other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7 AM and 10 PM Between the hours of 10 PM and 7 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
25. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent.
26. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays.
27. No outside paging system shall be utilized in conjunction with this establishment.
28. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes. All medical waste shall be properly disposed of.
29. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way.
30. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
31. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
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9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit.
32. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such
permits.
33. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
34. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of OC Veterinary Center including, but not limited to, UP2020-191 (PA2020-325). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by Applicant, City,
and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Building Division 35. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit.
36. The construction plans must meet all applicable State Disabilities Access requirements.
37. Prior to the issuance of a building permit, approval from the Orange County Health
Department is required.
Fire Department Conditions
38. The facility must be protected with a fire alarm system or a fire sprinkler system.
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