HomeMy WebLinkAbout4.0_OC Veterinary Center_PA2020-325CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 6, 2021 Agenda Item No. 4
SUBJECT: OC Veterinary Center (PA2020-325)
Conditional Use Permit No. UP2020-191 SITE LOCATION: 1220 Bison Avenue, Suite A7
APPLICANT: Architectural Werks, Inc.
OWNER: Irvine Company
PLANNER: Patrick Achis, Assistant Planner 949-644-3237, pachis@newportbeachca.gov
PROJECT SUMMARY
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. 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. No boarding of animals is proposed. The hours of operation would be restricted to 8 a.m. to 6 p.m., daily.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2021-010 approving Use Permit No. UP2020-191
(Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial
(CG)
Newport North Planned
Community (PC5) Commercial Shopping Center
NORTH Multiple Residential (RM) PC5 Newport North Apartment Homes
SOUTH Single-Unit Residential
Detached (RS-D) Aeronutronic Ford (PC24) Single-Family Residences
EAST General Industry (IG) PC5 Storage Facility
WEST CG Bonita Canyon (PC50) Commercial Shopping Center
Project
Location
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INTRODUCTION
Project Setting and Background
The proposed use would be located in the Newport North Shopping Center, at the
northwest corner of MacArthur Boulevard and Bison Avenue. The site is 4.8 acres in size
and is bounded to the east by MacArthur Boulevard, to the north by multi-family residential apartments, to the south by Bison Avenue and single-family homes within the Aeronautic Ford Planned Community, and to the west by Camelback Street and industrial uses of the North Ford Planned Community.
The project site is located within an existing 44,662-square-foot shopping center, which was constructed in 1987. The subject 3,414-square-foot tenant space is currently occupied by Sole Comfort, a retail shoe store. Other tenants onsite include a mix of retail stores, fitness facilities, restaurants, a retail gasoline station, and other similar retail uses. An
existing 269-space surface parking lot serves the shopping center.
The site is not located within the Coastal Zone.
Project Description
The Applicant proposes a small-scale animal clinic within an existing 3,414-square-foot retail tenant space. The clinic would assist approximately 25 clients per day on average and provide preventive animal care and pain management, wellness exams, surgeries, and vaccinations, among other services on an appointment basis. Walk-in visits would be limited
and only for emergency cases. No animals larger than a dog would receive medical or surgical treatment. A total of 10 employees are expected on-site and consist of two (2) veterinarians, three (3) front desk staff, one (1) manager, and four (4) veterinary assistants. The hours of operation of the clinic are intended to be from 9 a.m. to 6 p.m. on weekdays, 9 a.m. to 4 p.m. on Saturday, and closed on Sunday. To allow for future flexibility, the
hours of operation would be restricted to between 8 a.m. to 6 p.m., daily as provided by Condition of Approval No. 9; however, this condition would not preclude attending to a pet that requires post-surgical overnight care. See the Applicant’s project description (Attachment No. PC 3) for a complete overview of the operation. Minor physical alterations to the tenant space would be required for the project, as shown in the attached
plans (Attachment PC 4).
DISCUSSION
General Plan
The General Plan Land Use Element categorizes the site for commercial uses under CG (Commercial General). This district intends to allow the location of light general commercial activities engaged in the sale of products or services to the general public. The proposed
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project meets these criteria. The following is a summary of the project’s compliance with several General Plan policies:
Land Use Policies:
LU 5.6.1 (Compatible Development). The project’s design promotes compatibility with the onsite commercial tenants and adjacent residential neighborhood. Among the existing spread of service uses onsite, the project would bring a new service to shopping center that would serve the community. The project’s tenant improvements
would incorporate soundproofing to contain noise.
LU 1.5 (Economic Health) and LU2.4 (Economic Development). The project would contribute to the local economy and help to provide adequate commercial opportunities to enhance the City’s fiscal health and residents’ quality of life. It would
provide revenue to the City and improve local service amenities by addressing the needs of pets and residents in the community.
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
reduces the need for residents to travel outside of the community to obtain animal care services.
LU 5.3.6 (Adequate Parking and Location). Adequate on-site parking would be provided for the use as conditioned.
Zoning Code
The project is in Commercial, Area 3 of the PC-5 (North Ford Planned Community) Zoning District. This area permits various retail sales, restaurants, service uses, gas stations, and
specific public facilities. Commercial Area 3 of PC-5 does not expressly state the permitting requirements for animal clinics. However, Community Development Director may allow compatible uses. The most similar designation in the Newport Beach Municipal Code (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 and would be consistent with PC-5.
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 further noise impacts as the suite is entirely enclosed and soundproofed. There are also no unusual services that can potentially impact the surrounding environment or adjacent uses adversely. Please see the below discussion under Use Permit Findings for an overview of the project’s outside walking area.
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Parking
The Newport North Shopping Center contains a large, 269-space surface parking lot onsite. A parking tabulation for the existing shopping center is provided in Attachment No.
PC3. 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 space per every 400 square feet of gross floor area. Staff finds that the one space per 400-square-foot rate in this case does not accurately reflect the number of spaces that the project will
use in practice. The parking standards of NBMC Section 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 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 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 to the existing parking
requirement.
Animal Nuisance
Special requirements apply to animal clinic uses for the purposes of protecting residents
and tenants from potentially adverse effects. See Table 1 below exhibiting the project’s compliance with NBMC Section 20.48.050 (Animal Sales and Services) and associated conditions of approval. The project is not a kennel and does not provide boarding services; therefore, the requirements of Chapter 7.35 (Regulation of Kennels) do not apply. With the conditions of approval, the project complies with the Zoning Code's
applicable development standards and requirements. It is not anticipated that the project will adversely affect the welfare of those in the vicinity.
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Code Requirement Project Compliance Condition of
Approval
The animal clinic must be enclosed, soundproofed, and airconditioned. 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.
Nos. 14 to 16
Outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
No exterior dog runs are proposed. The area outside of the establishment, including the designated walking route, public sidewalks, walkways, and landscape areas, would be maintained in a clean and orderly manner (including but
not limited to pet nuisances and odors).
Nos. 5, 6, 14 to 16, 28 to 30
Grooming activities shall be incidental to the clinic use. Only medically-required grooming would be performed by the project. No grooming services would be available to the public.
No. 7
Animal cremation is not to be allowed. The project would not cremate any animals. No. 8
Temporary boarding of animals shall be allowed as an accessory use. The project would only temporarily board those animals requiring emergency care. General boarding of
animals is not proposed.
No. 9
Table 1, Project’s Code Compliance with NBMC Section 20.48.050
Use Permit Findings
In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use
Permits), the Planning Commission must make the following findings for approval for a conditional use permit:
1.The use is consistent with the General Plan and any applicable specific plan.
2.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
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3.The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4.The site is physically suitable in terms of design, location, shape, size, operatingcharacteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
5.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 otherwiseconstitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
As previously indicated, the animal clinic is consistent with the General Commercial (CG) General Plan land use category and Commercial Area 3 designation. The project is expected to serve as a supporting service use within the Newport North Shopping Center.
Additionally, parking is sufficient for the project, since there is no change to the parking rate.
Physical improvements to establish the animal clinic would only be to the interior space, except for the change of tenant signage. No additional floor area or change to the existing
building footprint is proposed. Operationally, the project would be compatible with the hours of operation and the existing service-based uses in the shopping center.
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.
Clinic staff would walk two to three animal patients, three times daily, along an approved onsite pathway located outside at the building’s rear. 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 a drive aisle. An 8-foot-tall block wall also divides the two sites and
screens the staff walkers from the residential side. Figure 1 illustrates the relationship between the tenant space and residential apartments. Figure 2 depicts a street view of the project as seen from the residences. As conditioned, the Applicant would regularly clean the walkway to prevent impacts from nuisance odors as well. The designated area is not an area where shopping center visitors use and only employees of the various tenants utilize.
By virtue, the proposed animal clinic expansion is compatible with the allowed uses in the vicinity and would not be detrimental to the surrounding neighborhood.
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Figure 1 showing an aerial of the project in relationship to the residences at the north.
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Proposed Walk Area
(e) 8-Foot-Tall
Property Wall
Project Location
75-foot
Separation
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Figure 2. View of the existing buffers between the project and the residences to the north.
The point of view (yellow arrow) is from the residences, facing south toward the rear of the project site.
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Rear of the Project
30-foot Drive Aisle
Landscape
8-Foot Tall
Property Wall
Newport North
Apartment Homes
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Summary
The project as conditioned meets the required findings for approval, outlined in the attached draft resolution (Attachment No. PC 1). The project is expected to operate in an effective manner that maintains harmony with the surrounding tenants in the shopping
center and adjacent residences.
Alternatives
Staff recommends approval based on the required findings for approval of a conditional
use permit; however, the following alternative actions are available for the Commission:
1.Should the Planning Commission determine that there are insufficient facts tosupport one or more of the findings for approval, the Planning Commission musttentatively deny the application and continue the meeting to allow staff to return with
a draft resolution for denial.
2.The Planning Commission may suggest specific changes to the project design thatare necessary to alleviate concerns. If any requested changes are substantial, thePlanning Commission should continue the item to a future meeting to allow a
redesign or additional analysis. Should the Planning Commission choose to do so,
staff would return with a revised resolution incorporating new findings and/orconditions.
Environmental Review
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. 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.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
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Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description
PC 3 North Newport Shopping Center Tabulation
PC 4 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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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 space per every 400 square feet of gross floor area. Staff finds that the 1 per
400 square foot rate in this case does not accurately reflect the number of spaces
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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 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 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 parking
impacts 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, or
parking 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 is
categorically exempt from the CEQA pursuant to Section 15301 under Class 1 (Existing
Facilities) 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 Use
Permit No. UP2020-191 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 NBMC.
PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MAY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Eric Wiegand, 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.
23
Planning Commission Resolution No. PC2021-010
Page 8 of 10
01-25-19
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 6 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.
24
Planning Commission Resolution No. PC2021-010
Page 9 of 10
01-25-19
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
25
Planning Commission Resolution No. PC2021-010
Page 10 of 10
01-25-19
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.
26
Attachment No. PC 2
Applicant’s Project Description
27
INTENTIONALLY BLANK PAGE28
11416 98th Avenue NE – Suite 200, Kirkland, WA 98033 P: 425.823.2244 F: 425.898.4722 W: www.awerks.com
October 30, 2020
March 25, 2021
Community Development Department
Planning Division
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658
949-644-3204
RE Conditional Use Permit request for a Veterinary Clinic Tenant Improvement at 1200 Bison Avenue.
Written Statement:
The proposed Veterinary Clinic Tenant Improvement will utilize a 3,414 square foot space within the existing Newport
North Shopping Center, leasing 1 currently vacant 3,414 square end cap in Building A. The shopping center property
is comprised of 5 acres of developed land and was built in 1989. The gross leasable area of the center is 13,000 square
feet. The transit score for the site is 37 (some transit) and the walk score is 45 (indicating that most clientele arrive by
vehicle).
The existing shopping center supports a variety of uses, including retail, services and restaurants which serve the
surrounding neighborhoods and the larger city as well. All utilities and public services are extended throughout the
center. Existing trash and waste containers will be used. In addition, a service will be hired for the disposal of medical
waste.
Exterior changes are not proposed. Expected staff count is two doctors, three front desk staff, one manager and four
vet assistants. Up to 25 patients are expected per day. As well as the standard veterinary practice, the veterinary
clinic proposes to provide advanced imaging for pets with a CT Scan machine. A hydrotherapy room for
rehabilitation is also planned. No animals will be boarded on site, either indoors or outdoors. Majority of the visits
will be appointment based except emergencies which would be taken as walk-up. The only overnight patients will be
those recovering from a surgical procedure and most will be discharged the same day as the surgery occurs. Any
animal that is not needing direct supervision and is far enough along in the recovery process to be awake and making
noise will be housed in the Quiet Canine Ward. We have included the detail we use for construction, to ensure that
sound does not pass out of the space at the top of the walls, to illustrate how this is constructed. All joints will be
sealed with acoustical sealant and the door to the room will have sound gasketing and a door bottom installed. There
will be no cremation procedure done at the facility. An animal outdoors will be attended by its owner or a staff
member.
Staff would walk in clinic patients (expected two to three patients) three times a day. They will be taken out from the
back door and walked south on the back pathway and use the area behind the waste storage area. All droppings will
be quickly cleaned, and a bag dispenser and collection container posted near the parking area. Please see the
pictures below for the path. As noted above, all animals will be walked by clinic staff. Staff will be strictly trained
in cleaning measures for the walk area, and all will carry bags to collect any droppings from the animals
immediately after production. Those bags will be returned to the clinic for disposal in waste bags where they
will be double bagged before being placed in the covered trash for removal from the property. Regular cleaning
of the walk area with a vinegar/water mix (dried with clean towels) will also occur.
29
December 28, 2020
Page 2
The center has residential neighborhoods to the north and south and another shopping center to the west across
MacArthur Boulevard. To the east is a storage facility. The proposed use is compatible with the residential and retail
center uses, as it will serve the neighborhoods nearby with medical care for the pets in the area and will bring customers
to the center, adding potential customers to the nearby shopping centers.
The hours of operation of the clinic are intended to be from 9 am to 6 pm on weekdays, 9 am to 4 pm on Saturday and
the clinic will be closed on Sunday.
Access to other tenants would not be affected. The space will be fully accessible for those arriving by car or on foot,
as the center has ADA access throughout.
.
Sincerely,
Janet Monda, AIA
Architectural Werks, Inc.
30
Attachment No. PC 3
North Newport Shopping Center’s Parking Tabulation
31
INTENTIONALLY BLANK PAGE32
Suite
1220A01
1220A02
1220A03
1220A04
1220A05
1220A06
1220A07
1280Bl
1280B2
1280B3
1280B4
1280B5
1280B6
1220B8
1280B9
1280B10
1280B11
1220B15
1280Dl
1260D3
1260
1200Cl
1200C2
Newport North -Parking Table
Use
Specialty Food
Medical
Health Fitness Studio
Personal Service, General
Retail
Personal Service, General
Retail
Eating & Drinking Establishment
Retail
Personal Service, General
Personal Service, General
Personal Service, General
Retail
Nail Salon
Retail
Retail
Retail
Retail
Eating & Drinking Establishment
Eating & Drinking Establishment
Service Station
Health Fitness Studio
Eating & Drinking Establishment
Parking Required
Parking Provided
Parking Surplus
S.F. Parking Required
1,135 5
1,214 7
1,200 9
1,200 5
1,200 5
1,200 5
3,414 14
1,110 5
1,226 5
1,193 5
1,500 6
900 4
922 4
2,134 17
1,500 6
942 4
900 4
10,92� 44
1,800 7
2,905 35
2,400 8
2,125 11
4,015 50
265
269
4
45 33
INTENTIONALLY BLANK PAGE34
Attachment No. PC 4
Project Plans
35
INTENTIONALLY BLANK PAGE36
SEAL:
SHEET NUMBER:
SHEET TITLE:
2048JOB NUMBER:
DRAWN:
CHECKED:
DATE:
REVISIONS:
SCHEMATIC DESIGNPRELIMINARY12/30/2020OC Veterinary CenterNewport North Shopping Center120 Bison Ave, Suite A Newport Beach, California 92660NORTHQC
REFERENCESITE PLAN
A1.1
PA2020-325 Attachment No. PC 4 - Project Plans
37
SEAL:
SHEET NUMBER:
SHEET TITLE:
20481220 Bison Ave, Suite A7Newport Beach, California 92660JOB NUMBER:
DRAWN:
CHECKED:
DATE:
REVISIONS:
SCHEMATIC DESIGNPRELIMINARYOC Veterinary Center12/30/2020Newport North Shopping CenterNORTHMC
DEMOLITIONPLAN
A2.0
January-12-18PA2020-325 Attachment No. PC 4 - Project Plans
38
SEAL:
SHEET NUMBER:
SHEET TITLE:
20481220 Bison Ave, Suite A7Newport Beach, California 92660JOB NUMBER:
DRAWN:
CHECKED:
DATE:
REVISIONS:
SCHEMATIC DESIGNPRELIMINARYOC Veterinary Center12/30/2020Newport North Shopping CenterNORTHQC
FLOOR PLAN
A2.1
January-12-18PA2020-325 Attachment No. PC 4 - Project Plans
39
INTENTIONALLY BLANK PAGE40
OC Veterinary Center
Conditional Use Permit -1220 Bison Avenue
Planning
Commission
Public Hearing
May 6, 2021
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Vicinity Map &
Surrounding
Uses
Community Development Department -Planning Division 2
Multi-Family ResidencesUS Post Office
Mini Storage
Mini Storage
The Bluffs Shopping Center
Multi-Family Residences
Newport North Shopping Center
Subject Suite
General Plan: General
Commercial (CG)
Zoning: North Ford
Planned Community (PC5)
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Project
Characteristics
Conditional Use Permit request
for Animal clinic within (e) 3,414
retail suite
Appointment-based
Hours:
8:00 a.m. to 6:00 p.m.,
Weekdays
9:00 a.m. to 4:00 p.m., Saturday
Closed on Sunday
Community Development Department -Planning Division 3
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Floor Plan
Community Development Department -Planning Division 4
Total: 3,414 sq. ft.
Admin
Exam
Surgery
Treatment
CT Scan
Lab
Isolation
Hydro Therapy
Restroom
X-Ray
Reception
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Community Development Department -Planning Division 5
Walk Area Plan
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Community Development Department -Planning Division 6
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Community Development Department -Planning Division 7
North Newport Shopping Center Parking
Spaces Required Spaces Provided
265 269 4 Surplus
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Community Development Department -Planning Division 8
Parking Rate
Animal Clinic Commercial
1 space per 400 s.f.1 space per 250 s.f.
The Project has 10 staff and assists multiple
customers at a time,so the commercial rate is more
appropriate to use.(CAO No.19)
Parking Ratio
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Community Development Department -Planning Division 9
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
Recommended
Action
Conduct a public hearing
Find this project exempt from the
California Environmental Quality
Act (CEQA) pursuant to Section
15301 under Class 1 (Existing
Facilities) of the CEQA Guidelines
Approve Resolution No. PC2021-
010, approving Use Permit No.
UP2020-191
Community Development Department -Planning Division 10
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)
For more
information
Contact Questions?Patrick Achis
949-644-3237
pachis@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 11
Planning Commission - May 6, 2021 Item No. 4 - Additional Materials Presented at Meeting by Staff OC Veterinary Center (PA2020-325)