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HomeMy WebLinkAboutPC2020-008 - APPROVING CONDITIONAL USE PERMIT NO. 2019-060 FOR THE EXPANSION OF AN EXISTING ANIMAL CLINIC INTO AN ADJACENT SUITE LOCATED AT 21159 NEWPORT COAST DRIVE (PA2019-RESOLUTION NO. PC2020-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2019-060 FOR THE EXPANSION OF AN EXISTING ANIMAL CLINIC INTO AN ADJACENT SUITE LOCATED AT 21159 NEWPORT COAST DRIVE (PA2019-268) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John A. Giannone ("Applicant''), with respect to property located at 21157 and 21159 Newport Coast Drive, and legally described as Parcel 2 of Parcel Map No. 2000-160, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 318, Pages 27 to 31 of parcel maps, in the office of the county recorder of said county (the "Property") requesting approval of a use permit. 2. The Applicant proposes the expansion of an existing 1,766-square-foot animal clinic for domestic pets into the adjacent 1,500-square-foot suite. The expansion will result in a 3,266 square-foot clinic. The hours of operation are from 8:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 3:00 p.m., Saturday. Animals no larger than the largest breed of dogs will be given medical and surgical treatment and the facility is primarily for the treatment of outpatients. Only critical patients will be kept longer than 24 hours and boarding is not permitted at the facility. The Applicant expects to assist 10 to 40 clients per day. 3. The Property is designated Neighborhood Commercial (CN) by the General Plan Land Use Element and is located within the Newport Ridge Planned Community (PC53). 4. The Property is not located within the coastal zone. 5. A public hearing was held on March 5, 2020 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this 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. 2. Class 1 includes interior or exterior alterations to existing facilities. The proposed project is located within an existing retail tenant space and will only require minor improvements. Planning Commission Resolution No. PC2020-008 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, 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 designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. An animal clinic is consistent with this land use designation. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 01-25-19 1. The project is located in the Commercial Village sub-area of PC53 (Newport Ridge Planned Community), which is intended to provide for a variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multifamily residential uses. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. 2. The Commercial Village Sub-Area allows for animal clinics subject to the approval a use permit. The Newport Ridge Planned Community Text also refers to additional regulations of the Orange County Zoning Code (OCZC), Section 7-9-146.1, for the approval of an animal clinic. The OCZC does not provide for the administrative approval of a use permit, and thus, the proposed application requires consideration by the Planning Commission. 3. One parking space for each 200 square feet of gross floor area is required for the shopping center pursuant to the Orange County Zoning Code (OCZC) and the approved Site Development Permit for the center. The approved Site Development Permit does not establish a limit on food service floor area within the shopping center. Pursuant to the OCZC, the parking requirement for an animal clinic is one parking space per 150 square feet of gross floor area, which is less than the parking requirement for a restaurant (one space per 100 square feet of gross floor area). Though the parking requirement for the animal clinic is higher than the requirement for retail uses (one space per 200 square feet), the approved Site Development Planning Commission Resolution No. PC2020-008 Page 3 of 9 Permit allows for any combination of food service and retail. Therefore, since the required parking for an animal clinic is less than what is required for a food service use, the required parking spaces are provided for the proposed clinic expansion. 4. Tenant improvements to the existing tenant space are interior and will require issuance of applicable building permits. 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 residential community. The proposed project seeks to expand an existing animal clinic, which will serve the surrounding community and visitors to the area in an expanded capacity. 2. The existing shopping center is surrounded by residential neighborhoods to the east and south, and public facilities to the north and west. A larger residential community is also located further west beyond the public facility. The proposed use is compatible with the uses in the vicinity as it will serve residents with pets who need medical attention. 3. The operation of the animal clinic will be restricted to the hours between 8:00 a.m. and 7:00 p.m., daily. 4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The animal clinic is located within an existing retail shopping center and conditions of approval are required to ensure that trash and noise do not negatively impact the neighboring tenant spaces and that the use of gases within the tenant space is done safely. To date, there is no evidence that the existing animal clinic has been incompatible with the other shopping center tenants. 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. 01-25-19 Planning Commission Resolution No. PC2020-008 Page 4 of 9 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 San Joaquin Hills Road and Newport Coast Drive. 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. The proposed project is an expansion of an existing animal clinic which has operated since its original approval in 2010. The expanded area of the clinic will have an identical operation with expanded space for additional patients. 2. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses and City as a whole are minimized to the greatest extent possible. 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, or parking lots, during business hours, if directly related to the patrons of the business. 3. The hours of operation are compatible with the surrounding retail uses in the existing shopping center. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of 01-25-19 Planning Commission Resolution No. PC2020-008 Page 5 of 9 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 UP2019-060 subject to the conditions set forth in Exhibit A, which is attached hereto 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 accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF MARCH, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: 0 1-25 -1 9 Planning Division Planning Commission Resolution No. PC2020-008 Page 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) 1. The development shall be in substantial conformance with the approved site plan, floor plans 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. UP2019-060 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. 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. 6. 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. 7. The hours of operation of the animal clinic shall be limited to between 8:00 a.m. and 7:00 p.m., daily. 8. All proposed signs shall be in conformance with the Newport Ridge Planned Community text and any City or County of Orange approved sign program. 9. Prior to implementation of the proposed operation, 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 Departments for installation requirements. 01-25-19 Planning Commission Resolution No. PC2020-008 Page 7 of 9 10. The facility shall be air conditioned and sound attenuated. Air conditioning shall be sound attenuated so as to minimize noise from within the building. 11. Runs shall be in an air-conditioned and sound-attenuated building. 12. 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, Animal Control, Health Care Agency. 13. 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. 14. All employees are required to park on-site. 15. 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. 16. 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. 17. 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. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 7:00AM Between the hours of and 10:00PM 1 0:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 19. 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 01-25-19 Planning Commission Resolution No. PC2020-008 Page 8 of 9 current business owner, property owner or the leasing agent. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, 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 Saturdays, Sundays or Holidays. 21. No outside paging system shall be utilized in conjunction with this establishment. 22. 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. 23. 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. 24. 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). 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. 25. 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, including all future amendments (including Water Quality related requirements). 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 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. 27. 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 Newport Beach Municipal Code to require such permits. 28. 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 01-25-19 Planning Commission Resolution No. PC2020-008 Page 9 of 9 compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 29. 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 Newport Animal Hospital Expansion including, but not limited to, UP2019-060 (PA2019-268). 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 30. 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. 31. Exits shall not pass through intervening rooms with lock doors, storage or utility areas, or any similarly used areas. 32. The construction plans must meet all applicable State Disabilities Access requirements. 33. Prior to the issuance of a building permit, approval from the Director of Animal Control for the Orange County Health Care Agency is required. 34. The X-Ray shielding shall be documented within the plans and shall comply with /icensure requirements. Fire Department Conditions 35. All medical gases, such as oxygen with associated piping, shall be shown on the plans submitted for plan check. 01-25-19