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HomeMy WebLinkAbout1825 - APPROVE UP FOR AN ANIMAL CLINIC _21157 NEWPORT COAST DRIVE.RESOLUTION NO. 1825 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -026 FOR AN ANIMAL CLINIC LOCATED AT 21157 NEWPORT COAST DRIVE (PA2010 -125). 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, with respect to property located at 21157 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 requesting approval of a use permit. 2. The applicant proposes a 1,766- square -foot animal clinic for domestic pets in an existing tenant space within the Newport Coast Shopping Center. 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 5 to 30 clients per day. 3. The subject property is located within the Newport Coast Planned Community (NPC_PC) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 18, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed project will be located within an existing retail tenant space and will only require interior improvements. Planning Commission Resolution No. 1825 Pape 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The existing shopping center provides a variety of retail, service, and restaurant uses, which serve the surrounding residential community. The proposed project will provide a tenant to the shopping center that will serve the surrounding community and visitors to the area. A -2. The project is located in the Commercial Village sub -area of the NPR _PC (Newport Ridge Planned Community) Zoning District, 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. The proposed animal hospital is consistent with land uses permitted by the NPR_PC Zoning District. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: B -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. B -2. The operation of the animal clinic will be restricted to the hours between 8:00 a.m. and 7:00 p.m., daily. Tmpll: 04/14/10 Planning Commission Resolution No. 1825 Paqe 3 of 8 B -3. 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. B -4. The proposed project and requested discretionary applications are consistent with relevant General Plan policies. B -5. The new use will not create a negative impact on parking because adequate parking is provided within the existing shopping center. B -6. The tenant space is not located in close proximity to residential uses. The nearest residential units are 270 feet to the west of the subject tenant suite. Finding; C. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. Facts in Support of Finding: C -1. Animal hospitals are a permitted use in the NPR—PC (Newport Ridge Planned Community) Zoning District, subject to approval of a use permit. The project conforms to the development standards of the Newport Ridge Planned Community Text and the County of Orange Zoning Code. C -2. The operator is required by Condition Nos. 20 through 25 to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the establishment and adjacent properties during business hours if directly related to the patrons of the shopping center. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2010 -026 (PA2010 -125), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution 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. Tmpit 04/14/10 Planning Commission Resolution No. 1825 Paqe 4 of 8 PASSED, APPROVED AND ADOPTED THIS 181h DAY OF NOVEMBER, 2010. AYES: EATON, UNSWORTH, HAWKINS, MCDANIEL. AMER[, TOERGE, AND HILLGREN NOES: NONE BY: �L CNy Earl McDaniel, Chairman BY:- Michael rge, Secretary Tmpll: 04/14/10 Planning Commission Resolution No. 1825 Page 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING 1. Use Permit No. 2010 -026 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. 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. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. This Use Permit may be modified or revoked by the City Council or 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 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.) 8. The hours of operation of the animal clinic shall be limited to between 8:00 a.m. and 7.00 p.m., daily. 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. TmpIC 04/14/10 Planning Commission Resolution No. 1825 Paqe 6 of 8 10. All proposed signs shall be in conformance with the Newport Ridge Planned Community text and any City or County of Orange approved sign program. 11. The facility shall be air conditioned and sound attenuated. Air conditioning shall be sound attenuated so as to minimize noise from within the building. 12. Facilities for housing of not less than five (5) animals and not more than eighteen (18) animals shall be maintained on the premises. Only critical patients shall be kept longer than 24 hours. No boarding of animals shall be permitted. 13. All facilities for treatment and confinement of animals shall be designed, installed, or constructed and maintained in a manner meeting the approval of the Director of Animal Control for the Orange County Health Care Agency. 14. 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. 15. All employees are required to park on -site. 16. 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: 17. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 18. 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 Department. 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 current business owner, property owner or the leasing agent. Tmplt: 04/14/10 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:0013M and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 18. 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 Department. 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 current business owner, property owner or the leasing agent. Tmplt: 04/14/10 Planning Commission Resolution No. 1825 Paoe 7 of 8 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 Sundays or Holidays. 21. 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. 22. 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. 23. 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 Department. 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). 24. Waste water shall not be disposed into any public street or walkway, but shall be directed into the sewer system in accordance with the requirements of the Uniform Building Code and the Uniform Plumbing Code. 25. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director. 26. Storage outside of the building in the front or at the rear of the tenant space shall be prohibited. 27. No temporary or "sandwhich" signs, balloons, or similar temporaty signs shall be permitted, either on -site, to advertise the establishment, unless specifically permitted in accordance with the PC -Text or the Zoning Code. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 28. 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 Tmplt: 04/14/10 Planning Commission Resolution No. 1825 Paqe 8 of 8 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 the Newport Animal Hospital including, but not limited to, the Use Permit No. 2010 -026 (PA2010 -125). 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. Fire Department Conditions 29. All medical gases, such as oxygen with associated piping, shall be shown on the plans submitted for plan check. Building Department Conditions 30. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 31. The construction plans must meet all applicable State Disabilities Access requirements. 32. Prior to the issuance of a building permit, approval from the Director of Animal Control for the Orange County Health Care Agency is required. 33. The X -Ray shielding shall be documented within the plans and shall comply with licensure requirements. Tmplt: 04/14/10