HomeMy WebLinkAbout08-15-1983 Pre-Hearing Staff Analysis
CITY OF DUBL
MEMORANDUM
PRE-HEARING STAFF ANALYSIS
Meeting Date: August 15, 1983
SUBJECT:
Planning Commission
Planning Director 9:
PA 83-037 Pet Medical Service Request for a
Conditional Use Permit to allow a mobile
vaccination clinic for dogs and cats to be
held four (4) times during the next eight (8)
months.
TO:
FROM:
GENERAL INFORMATION
PROJECT:
This request is to allow a mobile, low-cost, pet
vaccination clinic to be held four times in the
next eight months, in the Payless Drug Store
parking lot.
LOCATION:
Payless Drug Store parking lot at 7201 Regional
Street.
APPLICANT:
Dr. David McClun D.V.M.
Pet Medical Service
11800 San Pablo Ave.
El Cerrito eA 94530
ASSESSOR PARCEL NUMBER: 941-305-16
PROPERTY OWNER: payless Drug Stores
EXISTING ZONING: C-l (Retail Business)
EXISTING LAND USE: Retail businesses with a built shopping
center
SURROUNDING ZONING AND LAND USE:
Business
~(C~f
North - C-l
East - C-l
South - C-l
West - C-l
Retail
Bank
Retail
Service
Business
Station
SITE/ZONING HISTORY: The Zoning Administrator conditionally
approved two Administrative Conditional Use Permits for a
pet vaccination clinic on May 12, 1983, and on April 17,
1983. No complaints have been received regarding the
conduct of these two previous clinics.
APPLICABLE REGULATIONS:
Section 8-48.2 (c) requires that a Conditional Use
Permit be obtained for animal hospitals and kennels. Because the
proposed use involves four (4) clinics, it is not considered
temporary as it was with the previous appications, and therefore,
it is required to have Planning Commission approval.
Section 8-94.0 states that conditional uses must
be analyzed to determine: 1) whether or not the use is required
by the public need; 2) whether or not the use wil be properly
related to other land uses, transportation and service facilities
in the vicinity; 3) whether or not the use will materially affect
the health or safety of persons residing or working in the
vicinity; and, 4) whether or not the use will be contrary to the
specific intent clauses or performance standards established for
the district in which it is located:
-1-
section 8-94.4 states the approval of a
Conditional Use Permit may be valid only for a specified term,
and may be made contingent upon the acceptance and observance of
specified conditions, including but not limited to the following
matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified
activities;
c) time period within which the approval shall be exercised
and the proposed use brought into existence, failing which,
the approval shall lapse and be void;
d) guarantees as to compliance with the terms of the
approval, including the posting of bond;
e) compliance with requirements -of other departments of the
City/County Government.
ENVIRONMENTAL REVIEW:
Categorically exempt
NOTIFICATION: Public Notice of the August 15, 1983, hearing was
published in the Tri-Valley Herald, and posted in public
buildings.
ANALYSIS:
The proposed pet vaccination clinics will take place in the
Payless parking lot on four Sundays during the next eight months.
The clinics will last approximately 4 hours. Ample parking lot
space is available, particularly since the clinics will take
place on Sundays, and for a short duration.
Two previous clinics have taken place without any problems
or complaints, and with the applicant complying with the previous
conditions of approval. The low-cost vaccinations appear to have
received community support, with 80-125 pets being vaccinated at
each clinic.
The clinics are an acceptable, limited time, use which will
be conducted at a location with ample parking and safety
provisions.
PLANNING COMMISSION ACTION REQUIRED:
The Planning Commission should hold a public hearing on this
request, make a decision on this application and make findings to
support the Commission's action. If the Commission approves the
Conditional Use Permit, a Resolution should be passed to support
that decision (see attached Draft Resolution, which includes the
required findings for approval).
PRE-HEARING RECOMMENDATION
It is recommended that a Conditional use Permit be approved
to enable Pet Medical Srvices to conduct four low-cost
vaccination clinics, one each, on: September 18, 1983; November
20, 1983; January 15, 1984; and March 18, 1984, subject to the
Conditions of Approval as contained in the attached Draft
Resolution.
Attachments: Description of proposed use
Site plan
Draft Resolution
-2-
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 83-037 PET MEDICAL SERVICE
CONDITIONAL USE PERMIT APPLICATION TO ALLOW
THE CONDUCT OF FOUR LOW-COST PET VACCINATION CLINICS
------------------------------------
WHEREAS, Pet Medical Service has filed an application 'for
a Conditional Use Permit (PA 83-037) to allow the conduct of four
low-cost pet vaccination clinics to be held, one each, on:
Septamber 18, 1983; November 20, 1983; January 15, 1984; and March
18, 1984, in the Payless Drug Store parking lot at 7201 Regional
Street; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on August 15, 1983; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality Act and has been found to be categorically exempt; and
WHEREAS, a Pre-Hearing Staff Analysis was submitted
recommending the application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports, recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning
Commission does hereby find that:
a. The use provides a service to the community in that it
provides for low cost pet vaccinations;
b. The use is "located in an acceptalbe site with ample
parking available;
c. Adequate preventative measures are proposed to assure
that all medicines and medical supplies will be properly
secured and disposed of so as to keep them from being
accessible to unauthorized individuals. Therefore, this use
should not pose a threat to the health or safety of
individuals working in or near the clinic.
d. This use is not contrary to the specific intent clauses
or performance standards of the C-l District.
e. The use, if permitted, under all the circumstances and
conditions of this particular case, will not materially
affect, adversely, the health or safety of persons residing
or working in the vicinity, or be materially detrimental to
the public welfare, or injurious to property or improvements
in the neighborhood, as all applicable regulations will be
met;
f. The use will not be contrary to the specific intent
clauses or performance standards established for the
District in which it is to be located;
-3-
BE IT FURTHER RESOLVED that the Planning Commission
does hereby conditionally approve said application, as shown by
materials labeled Exhibit "A", on file with the Dublin Planning
Department, subject to the following conditions:
~
1. The Clinic shall be set up according to the plans and
-information provided with this application and shown as Exhibit
"A", on file with the Dublin Planning Department.
2. A licensed veterinarian shall examine each animal prior to
vaccination and the vaccinations shall be administered in
compliance with the California Administrative Code.
3. Each animal owner is to receive a receipt stating the date
of the vaccination, the type of vaccine, the lot number of the
vaccine, the veterinarian that examined the animal, and the
person administering the vaccine with the name to contact in the
event the animal becomes ill after the vaccination.
4. The "Payless" parking lot is to be cleaned immediately
following the clinic.
5. All syringes and needles are to be moved by the applicant to
an approved disposal site.
6. Signing is permitted on the Clinic day only. Signing shall
be located in the Pay less parking lot only and shall not visually
block the traffic aisles.
7. Main traffic aisles shall be kept free of obstructions.
Customer preking is permitted in designated parking stalls only.
PASSED, APPROVED AND ADOPTED this
, 1983.
th day of
AYES:
NOES:
ABSENT:
Planning Commission Chairman
ATTEST:
Planning Director
-4-