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HomeMy WebLinkAbout20200305_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 5, 2020 Agenda Item No. 2 SUBJECT: Newport Animal Hospital Expansion (PA2019-268) Conditional Use Permit No. UP2019-060 SITE LOCATION: 21159 Newport Coast Drive APPLICANT: John A. Giannone OWNER: Irvine Company PLANNER: David S. Lee, Associate Planner 949-644,3225, dlee@newportbeachca.gov PROJECT SUMMARY A conditional use permit for the expansion of an existing 1,766-square-foot animal clinic for domestic pets into a 1,500-square-foot adjacent 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 primarily provides outpatient services. Only critical patients will be kept longer than 24 hours and boarding is not permitted nor provided at the facility. The applicant expects to assist 10 to 40 clients per day. 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. approving Use Permit No. UP2019-060 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Newport Animal Hospital Expansion Planning Commission, March 5, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Neighborhood Commercial (CN) Newport Ridge Planned Community (PC53) Neighborhood Shopping Center NORTH Parks and Recreation (PR) and Public Facilities (PF) Newport Ridge Planned Community (PC53) Community Center SOUTH Neighborhood Commercial (CN) Newport Ridge Planned Community (PC53) Fire Station & Open Space EAST Public Facilities (PF) Newport Coast Planned Community (PC53) Elementary School & Residential Development WEST Multi-Unit Residential (RM-D) Newport Ridge Planned Community (PC53) Detached condominiums 3 Newport Animal Hospital Expansion Planning Commission, March 5, 2020 Page 3 INTRODUCTION Project Setting and Background The project site is located within an existing shopping center. In 2000, the County of Orange approved a Site Development Permit for the development of the shopping center. Newport Ridge was annexed into the City in September, 2000 after land entitlements had been approved through the County of Orange for the development of the shopping center. The surrounding area is developed with a variety of land uses, including retail shops, an elementary school, open space, the Newport Coast Community Center, as well as residential development. The Newport Coast Shopping Center has 103,660 square feet of retail commercial uses including a 55,232-square foot Pavilions supermarket and three (3) inline general retail/food service buildings totaling 48,428 square feet. A shared parking lot with 541 parking spaces is provided. The existing animal clinic at 21157 Newport Coast Drive was authorized through a Use Permit (UP2010-026) by the Planning Commission on November 18, 2010. The approval consisted of a 1,766-square-foot animal clinic for domestic pets in a tenant suite that was previously occupied by a real estate office. The outpatient facility was authorized to serve animals no larger than the largest breed of dogs with only critical patients kept longer overnight. Boarding of animals was not permitted at the facility. 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. At the time of the approval, the clinic employed three full-time employees and two part-time employees, while assisting between five and 30 clients per day. Project Description As noted in the summary, the applicant proposes to expand the existing 1,766-square- foot into the adjacent 1,500-square-foot suite resulting in a 3,266-square-foot clinic. The proposed operational characteristics of the expansion, including the hours of operation, match those of the originally approved clinic. Due to the expansion, the applicant will increase the staff to ten full-time employees and one part-time employee, while assisting between ten to 40 clients per day. DISCUSSION General Plan The General Plan land use category for this site is Neighborhood Commercial (CN) which provides for a limited range of retail and service uses developed in one or more distinct centers oriented toward the needs of residential uses in the immediate area. The proposed animal clinic is consistent with this land use category and would primarily serve the local Newport Coast area. 4 Newport Animal Hospital Expansion Planning Commission, March 5, 2020 Page 4 Zoning Code The site is located in the Newport Ridge Planned Community (PC53) District with a land use designation of Commercial Village. 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. Local Coastal Plan The subject site is not located within the Coastal Zone. Parking The shopping center requires one parking space for each 200 square feet of gross floor area or 519 total parking spaces for all uses within the shopping center pursuant to the Orange County Zoning Code (OCZC) and the approved Site Development Permit for the center. Table 1: Required Parking Square Feet Parking Ratio Spaces Required Spaces Provided 103,660 1 / 200 519 537 The Site Development Permit allows for any combination of food service and retail uses. The approved Site Development Permit also does not establish a limit on food service within the shopping center. Pursuant to the OCZC, restaurants require parking at a one space per 100 square feet of gross floor area ratio and animal clinics require one parking space per 150 square feet of gross floor area. Although the parking ratio for animal clinics is higher, the OCZC allows for any combination of food service and retail uses and animal clinics fall into these categories. As a result, no additional parking is required for the use because the overall gross floor area of the shopping center is not increasing. Staff observation of the parking indicates that parking is available and the site provides 18 excess parking spaces than required. Animal Nuisance Conditions of approval have been included to ensure that impacts to nearby residences and neighboring tenant spaces are minimized from potential nuisances resulting from animals. Condition Nos. 9 through 11 require sound abatement and the regulation of noise within the tenant suite. Animals are kept within the tenant suite and walked at the rear of the shopping center. Condition Nos. 22 through 25 require adequate maintenance of the exterior of the tenant suite, cleanup of animal waste, and the provision of trash 5 Newport Animal Hospital Expansion Planning Commission, March 5, 2020 Page 5 enclosures. Finally, Condition No. 35 requires the safe use of gases (such as oxygen for surgery) within the tenant space. 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. 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, operating characteristics, 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 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. The proposed project is an expansion of an existing animal clinic in an existing shopping center. The existing animal clinic was previously authorized by the Planning Commission by Use Permit No. UP2010-026. The expanded animal clinic would maintain identical operational characteristics as the existing clinic. The City has received no complaints about the operation. Parking is sufficient for the entire shopping center, including the proposed expanded animal clinic, as 519 spaces are required and 537 spaces are provided. Therefore, the proposed animal clinic expansion is compatible with the allowed uses in the vicinity and would not be detrimental to the surrounding neighborhood. As previously indicated, the proposed project includes uses consistent with the Neighborhood Commercial (CN) General Plan land use category. Staff believes that the expansion of an existing animal clinic use is compatible with the existing shopping center uses. As previously discussed, the expansion of an existing animal clinic would be consistent with the purpose and intent of the PC53 District. Staff believes sufficient facts exist in support of each finding. The building is physically suitable and the location and area proposed are compatible with the neighborhood. The draft resolution includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 6 Newport Animal Hospital Expansion Planning Commission, March 5, 2020 Page 6 Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the draft resolution for denial provided as Attachment No. PC 2. 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. 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. Prepared by: Submitted by: ___________________________ David S. Lee, Associate Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Project Plans 7 INTENTIONALLY BLANK PAGE8 Attachment PC 1 Draft Resolution with Findings and Conditions 9 INTENTIONALLY BLANK PAGE10 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 (“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 Land Use Element of the City of Newport Beach General Plan (“General Plan”) 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, California. 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 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. 11 Planning Commission Resolution No. PC2020-008 Page 2 of 9 01-25-19 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. 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 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 Title 20 (Planning and Zoning), and the NBMC. Facts in Support of Finding: 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 12 Planning Commission Resolution No. PC2020-008 Page 3 of 9 01-25-19 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 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 a 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. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 3:00 p.m., Saturday. 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. Facts in Support of Finding: 13 Planning Commission Resolution No. PC2020-008 Page 4 of 9 01-25-19 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 (“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. 14 Planning Commission Resolution No. PC2020-008 Page 5 of 9 01-25-19 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF MARCH, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 15 Planning Commission Resolution No. PC2020-008 Page 6 of 9 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 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 20.54.060 of the NBMC, 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. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 3:00 p.m., Saturday. 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. 16 Planning Commission Resolution No. PC2020-008 Page 7 of 9 01-25-19 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, the Newport Beach Police Department, and Orange County Health Department. 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 (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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 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 17 Planning Commission Resolution No. PC2020-008 Page 8 of 9 01-25-19 current business owner, property owner or the leasing agent. 20. 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. 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. All medical waste shall be properly disposed of. 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 (Water and Sewers) of the NBMC, 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 NBMC to require such permits. 18 Planning Commission Resolution No. PC2020-008 Page 9 of 9 01-25-19 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 compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 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 Orange County Health Department is required. 34. The X-Ray shielding shall be documented within the plans and shall comply with licensure requirements. Fire Department Conditions 35. All medical gases, such as oxygen with associated piping, shall be shown on the plans submitted for plan check. 19 INTENTIONALLY BLANK PAGE20 Attachment PC 2 Draft Resolution for Denial 21 INTENTIONALLY BLANK PAGE22 RESOLUTION NO. PC2020-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA DENYING 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 (“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 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. The expansion will result in a 3,266 square-foot clinic. 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 Land Use Element of the City of Newport Beach General Plan (“General Plan”) and is located within the Newport Ridge Planned Community (PC53). 4. The subject 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, California. 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 23 Planning Commission Resolution No. PC2020-008 Page 2 of 7 01-25-19 SECTION 3. REQUIRED FINDINGS. The planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of NBMC. In this case, the Planning Commission was unable to make the required findings based upon the following: Findings for Conditional Use Permit: A. The use is consistent with the General Plan and any applicable specific plan; B. The use is consistent with the applicable zoning district and complies with all other applicable provisions of Title 20 (Planning and Zoning) and the NBMC ; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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 Not in Support of Findings: 1. The Planning Commission determined, in this case, that the expansion of an existing animal clinic within the Newport Ridge Planned Community (PC53) district would not be consistent with the purpose and intent of the PC53 Planned Community Text nor Subsection 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC. 2. The applicant’s request may lead to a proliferation of animal clinics within an existing shopping center. 3. The expansion of the existing animal clinic use may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2019-060 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 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. 24 Planning Commission Resolution No. PC2020-008 Page 3 of 7 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF MARCH, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 25 Planning Commission Resolution No. PC2020-008 Page 4 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 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 20.54.060 of the NBMC, 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. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 3:00 p.m., Saturday. 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. 26 Planning Commission Resolution No. PC2020-008 Page 5 of 7 01-25-19 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, the Newport Beach Police Department, and Orange County Health Department. 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 (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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 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 27 Planning Commission Resolution No. PC2020-008 Page 6 of 7 01-25-19 current business owner, property owner or the leasing agent. 20. 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. 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. All medical waste shall be properly disposed of. 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 (Water and Sewers) of the NBMC, 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 NBMC to require such permits. 28 Planning Commission Resolution No. PC2020-008 Page 7 of 7 01-25-19 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 compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 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 Orange County Health Department is required. 34. The X-Ray shielding shall be documented within the plans and shall comply with licensure requirements. Fire Department Conditions 35. All medical gases, such as oxygen with associated piping, shall be shown on the plans submitted for plan check. 29 INTENTIONALLY BLANK PAGE30 Attachment PC 3 Project Plans 31 INTENTIONALLY BLANK PAGE32 PA2019-268Attachment PC 3 - Project Plans33 PA2019-268Attachment PC 3 - Project Plans34 PA2019-268Attachment PC 3 - Project Plans35 PA2019-268Attachment PC 3 - Project Plans36 PA2019-268Attachment PC 3 - Project Plans37 PA2019-268Attachment PC 3 - Project Plans38 PA2019-268Attachment PC 3 - Project Plans39 PA2019-268Attachment PC 3 - Project Plans40 PA2019-268Attachment PC 3 - Project Plans41 Newport Animal Hospital Expansion 21159 Newport Coast Drive Planning Commission Public Hearing March 5, 2020 Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) Vicinity Map Community Development Department -Planning Division 2 Newport Coast Shopping Center Newport Coast Elementary School Newport Coast Community Center Residential Residential General Plan: Neighborhood Commercial (CN) Zoning: Newport Ridge Planned Community (PC53) Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) Existing Approved by Planning Commission in 2010 Animals no larger than the largest breed of dogs Only critical patients kept overnight No animal boarding Hours: 8:00 a.m. to 7:00 p.m., M-F 8:00 a.m. to 3:00 p.m., Sat Community Development Department -Planning Division 3 Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) Floor Plan Community Development Department -Planning Division 4 Treatment Exam Surgery 1,766 sq. ft.1,500 sq. ft. Total: 3,266 sq. ft. Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) Community Development Department -Planning Division 5 Parking Square Feet (Center)Parking Ratio Spaces Required Spaces Provided 103 ,660 1 /200 519 537 18 space surplus Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) Animal Nuisance Conditions of Approval Sound abatement Maintenance of building Medical waste and gases Community Development Department -Planning Division 6 Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) 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. PC2020-008, approving Use Permit No. UP2019-060, superseding Use Permit No. UP2010-026 Community Development Department -Planning Division 7 Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248) For more information Contact Questions?David Lee 949-644-3225 dlee@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 8 Planning Commission - March 5, 2020 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Animal Hospital Expansion (PA2019-248)