HomeMy WebLinkAbout20200305_Resolution_PC2020-0081
Rodriguez, Clarivel
Subject:FW: Signed Resolution
Attachments:PC2020-008.pdf
From: Lee, David
Sent: Friday, March 27, 2020 1:33 PM
To: 'John Salat' <freeingwinds@earthlink.net>; 'Dr. John A. Giannone'
<newportanimalhospital@gmail.com>
Subject: Signed Resolution
Hello,
See attached.
DAVID S. LEE
Community Development Department
Associate Planner
dlee@newportbeachca.gov
949-644-3225
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay C, Newport Beach, California 92660 | newportbeachca.gov
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:
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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
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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.
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Planning Commission Resolution No. PC2020-008
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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
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Planning Commission Resolution No. PC2020-008
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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.
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Planning Commission Resolution No. PC2020-008
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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
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Planning Commission Resolution No. PC2020-008
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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
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Planning Commission Resolution No. PC2020-008
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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.
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