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HomeMy WebLinkAbout09-24-1996 Item 8.1 96-030 VetCare CUP 09-24-1996 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: September 24, 1996 TO: FROM: PREPARED BY: SUBJECT: RECOMMENDATION: PROJECT DESCRIPTION Planning Commission Planning Staff Tasha Huston, Associate Planner PA 96-030 Veterinary Hospital CUP 1) Open public hearing and hear Staffpresentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution (Exhibit B) approving the Negative Declaration and Conditional Use Permit or give Staff and Applicant direction and continue the matter. Donald S. Herbert, on behalf of Barry S. Kipperman, has requested a Conditional Use Permit to operate a new veterinary hospital on Amador Valley Boulevard immediately west of the County Library (opposite Starward Drive, previously occupied by Home Savings). The building currently has several other occupants, including "Fastsigns", "Stereo Doctor", and a Pregnancy Counseling Center. The Suite to be occupied by the veterinary hospital is temporarily being leased by "Halloween Spirit", a business selling Halloween costumes and decorations. The proposed veterinary hospital use is considered a conditional use in this (C- 1) zoning district which requires approval of a Conditional Use permit by the Planning Commission. The proposed project involves tenant improvements to convert the building's interior to accommodate the veterinary hospital, including a waiting area, examination rooms, surgical facilities, and kennels. The project will not involve any modifications to the building exterior, nor any major site improvements. ENVIRONMENTAL REVIEW The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. An Initial Study of Environmental Review was completed on August 30, 1996, and a Negative Declaration has been prepared because the project will not have a significant impact on the environment. COPIES TO: Property Owner Project Applicant Project Planner PA/Address File ANALYSIS: In determining whether the proposed veterinary hospital is an appropriate use for this site, the following findings must be made by the Planning Commission before a Conditional Use Permit may be granted: o ° The use is required by the public need; The use is properly related to other land uses and transportation and service facilities in the vicinity; The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning regulations, and the use is consistent with the character of the surrounding area as well as the retail business district. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, the Downtown Specific plan and the San Ramon Road Specific Plan. The veterinary hospital will be a 24-hour facility receiving pets both for scheduled appointments and for emergency treatment. Staff has evaluated the proposal in relation to these standards, and has identified a few items which should be addressed through conditions of approval in order to ensure the proposed use will be appropriate for the site. The conditions will address the following four issues: 1) potential noise impacts upon adjacent businesses in the same building; 2) potential increased traffic at the site; 3) proper disposal of hazardous waste, and 4) general performance standards. 1) Noise impacts Potential noise impacts upon adjacent tenants within the same building could occur, primarily from barking dogs. To address this potential problem, staff recommends that noise insulation materials be used on the interior walls between this suite and the adjacent businesses. The tenant improvement plans submitted with the project include a specification regarding sound insulation. The Conditional Use Permit should specify that this insulation should comply with the minimum standards of the Uniform Building Code. 2) Traffic The City of Dublin typically assesses Traffic Impact Fees on new businesses which may cause increased vehicle trips on local streets. A traffic study is typically conducted to assess the increase in traffic generated by the use. The applicant has agreed to pay the traffic impact fees related to the project, in the amount determined by the City. The conditions of approval will specify that these fees must be paid prior to the building's occupancy and/or start of business. 3) Hazardous waste The veterinary hospital commonly uses medicines, chemicals, and other medical instruments which are considered "Hazardous Materials". These items must be handled in conformance with applicable -2- governmental safety requirements, and disposed of by a certified contractor. If the materials are handled according to proper procedures, they do not pose a hazard to the community. The conditions of approval will specify that proper disposal procedures be used for these items. 4) Performance standards The approval of a Conditional Use Permit may be limited to specified time periods and compliance with City standards of performance, especially in areas of potential concerns. Due to the potential impacts upon adjacent businesses from noise, staff recommends that the Use Permit for this veterinary hospital include a general performance standard. The performance standard would require that the business be operated according to the conditions of approval, or the Use Permit would be subject to revocation. This is intended to ensure that the use does not adversely impact the health or safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood or surrounding properties after it begins operation. In addition to the three conditions noted above, and the performance standards, a condition should be included stating that the applicant shall obtain a building permit for tenant improvements and shall comply with all applicable codes, standards, and city policies. Additionally, a sign permit shall be obtained for any proposed signs. The recommended conditions of approval are intended to address concerns and potential impacts with the operation of the veterinary hospital at this location, and to provide the assurance that the proposed use is appropriate. CONCLUSION The concerns raised through the review process have been addressed through the conditions of approval contained in the attached draft Resolution (Exhibit B). Staff believes that with these conditions, the proposed project will represent an appropriate use for the site. Staff recommends approval of the Negative Declaration and of the Conditional Use Permit, subject to the conditions specified in the attached Resolution. ATTACHMENTS: Exhibit A: Exhibit B: Project Plans: Site Plan, Floor Plans Resolution approving the Negative Declaration and approving the Conditional Use Permit Attachment 1: Attachment 2: Attachment 3: Location/Zoning Map Applicant's Written Statement General project information g:\pa#'x 1996\pa9603 O\srpc9-96 ® · - ~,///~'///////////J~//~g/////~//~tl///~) RESOLUTION NO. 96 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 96-030 CONDITIONAL USE PERMIT REQUEST FOR A VETERINARY HOSPITAL, LOCATED AT 7660 AMADOR VALLEY BOULEVARD, IN THE C-1 ZONING DISTRICT WHEREAS, Donald S. Herbert, on behalf of Dr. Barry S. Kipperman, requests approval of a Conditional Us~ Permit for a veterinary hospital in the C-1 zoning district; and WHEREAS, Section 8-48.2 of the adopted City of Dublin Zoning Ordinance requires obtaining a Conditional Use Permit for this use in the C-1 zoning district; and WHEREAS the Planning Commission held a public hearing on said application on September 24, 1996; and and WHEREAS, proper notice of said public hearing was given in all respects as required by law; WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. ) for this project as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed use serves the public need by providing a 24-hour hospital for veterinary services. Bo The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use(s) will be compatible when compared to the type and nature of operations typically found in district areas and the uses currently in operation in the immediate vicinity, and conditions of approval will ensure ongoing compatibility. The proposed use will not materially adversely affect the health of safety of persons residing or working 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. EXHIBIT B Do The proposed use(s) will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning regulations, and the use is consistent with the character of the surrounding area as well as the retail business district. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, the Downtown Specific plan and the San Ramon Road Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 96-030 Conditional Use Permit for a veterinary hospital as generally depicted by the staff report and the materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitorin~ compliance of the conditions of approval. [PL.] Planning. [B_] Building. [PO] Police, [PW~_ Public Works [ADM] Administration/City Attorney, [FIN} Finance. [F_] Dougherts_' Regional Fire Authority., [DSR] Dublin San Ramon Services District, [CO] Alameda County_ Department of Environmental Health. This approval is for a Conditional Use Permit to operate a veterinary hospital as generally depicted by the staff report and the materials labeled Exhibit A. This Conditional Use Permit approval shall supersede all previous Conditional Use Permit approvals for this location. [PL] The Applicant/Property Owner shall be responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. [PL] Noise insulation materials shall be used on the interior walls between this suite and the adjacent businesses. This insulation shall comply with the minimum standards of the Uniform Building Code (STC 50; per UBC Appendix Chapter 12, Division II, 1208 and 1209). [B,PL] o Traffic impact fees attributed to the project shall be paid, in the amount determined by the City, prior to the building's occupancy and/or start of business. [PW,B] Handicap parhng space(s) shall be provided in compliance with Title 24. including one "van" accessible space 9 feet wide by 18 feet deep, with 8 foot side loading space, per T24-2 Section 1129 b.1 and T24-2 Table 11 B-7.[B] Any Hazardous Materials must be handled in conformance with applicable governmental safety requirements, and disposed of by a certified contractor using proper disposal procedures. [PL] 2 o A building permit shall be obtained for tenant improvements and the use shall comply with all applicable codes, standards, and city policies. Additionally, all signs shall be subject to the requirements of the Sign Regulations within the Zoning Ordinance. [B, PL] Prior to issuance of a building permit by the City, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD code. [DSR] 10. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] ll. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 12. This permit shall be revocable for cause in accordance with Section 8-30.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [Piti PASSED, APPROVED AND ADOPTED this 24th day of September, 1996. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director g:\pa~\ 1996\pa96030\cupreso.doc 3 SITE 1500 LOCATION / ZONING MAP © ~ ' -'~ ATTACHMENT 1 Attachment to Conditional Use Permit Application Written Statement ao bo h° What type of business, activity or use are you proposing? A 24 hour Veterinary Hospital/Emergency Center How many employees will you have or propose to have? 10 employees, mostly full-time What are the proposed hours and days of operation? 24 hours per day, 365 days per year Will your business, activity or use target a specific segment of the community? The business will target pet owners. This segment of the communtiy constitutes about 50% of the households. In what ways will your business, activity or use benefit the community? The value of pets as human companions and family members continues to become more apparent with time. Multiple studies have confirmed the beneficial impact of pet ownership on human health. By improving pet health, our business will be indirectly benefiting the health of a large portion of the local community. Are there any ways in which your business, activity or use may disrupt the peace of the surrounding residents or businesses? Our business will not disrupt the peace of the surrounding residents or businesses. The facility will not contain any outdoor animal holding or boarding facilities that would potentially disturb surrounding neighbors or businesses. In addition, because our hospital sees only sick patients, the animals which we serve are much less likely to vocalize our facility is apt to be considerably more quiet than the typically veterina_D~ hospital. The design of the facility will emphasize sound minimizing and the design will include extra insulation. Will your business, activity or use have an3, negative effects on the health or safety of people residing or working in the vicinity? No Will your business, activity or use create any negative impacts on property, transportation systems or existing improvements in the neighborhood? No Is the proposed project located on a hazardous waste and substances site? No ~'~. ~ '-.!© t~ ATTACHMENT 2 Attachment to Initial Study (Environmental Information Form-Part 1 ) Paragraph 6 - Description of Project: The project is a 24 hour veterinary hospital/emergency clinic. The construction of the interior tenant improvements will commence on or about November 1, 1996 and are expected to be complete on or about February 1, 1997. The project will not involve any exterior modifications to the existing building, site area, or parking. Paragraph 7, Sec. 9 The only use or disposal of potentially hazardous materials at the site will be sharps, medicines, chemicals and biological material customarily used or generated in the practice of veterinary medicine. All hazardous materials will be handled in conformance with applicable governmental safety requirements, including disposal through a contractor certified for the disposal of this type of material. GENERAL INFORMATION: APPLICANT(S): Barry S. Kipperman, 5747 Cleveland Ave., Columbus, Ohio, 43231 PROPERTY OWNER: Chenlin Inc., 2459 Stewart Avenue, Walnut Creek, CA 94596 LOCATION: 7660 Amador Valley Boulevard AS SES SOR PARCEL: 941-305-13 EXISTING ZONING: C-1 GENERAL PLAN DESIGNATION: Retail Office ZONINO HISTORY: June 1978 Alameda County Zoning Administrator approved Conditional Use Permit and Site Development Review to construct the bank building with drive-through facility May 1987 Dublin Planning Director approved Site Development Review request to add 5,000 square feet of retail space on the south and east sides of the existing building October 1988 Sign approval for "Fast Signs" grand opening May 1989 Sign approval for Valley Crisis Pregnancy Center 1989 and 1991 Various sign approvals and temporary promotional displays ATTACHMENT 3