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HomeMy WebLinkAboutItem 6.1 Ped Medical Service Appeal L{ 5p -5D AGENDA STATEMENT MEETING DATE: September 12 , 1983 SUBJECT: Appeal of Planning Commission decision on Planning Application PA 83-037 Pet Medical Service EXHIBITS ATTACHED: 1 . Pre-Hearing Staff Analysis 2 . Appeal Letter 3 . Minutes of August 15, 1983 , Planning Commission meeting RECOMMENDATION: 1 . Hear Staff presentation 2 . Open public hearing 3 . Hear appellant and public presentations 4 . Close public hearing 5 . Adopt Resolution approving appeal and approving application FINANCIAL STATEMENT: None DESCRIPTION: I . BACKGROUND On August 15, 1983 , the Planning Commission reviewed an application submitted by Pet Medical Service . The application was for a Conditional Use Permit, to allow a series of four low- cost pet vaccination clinics in the Payless Drug Store parking lot, at 7201 Regional Street . The Planning Commission voted on a motion to approve the application, but the motion failed by a 2-3 vote . The application was denied because it failed to receive a favorable vote . No motion to deny the application was acted upon . II . ISSUES The Planning Commission expressed the following concerns regarding the application: 1 . Frequency of clinics : The applicant proposed four clinics, between September, 1983 , and March, 1984 (an eight month period) . The Planning Commission expressed concern over the need for that many clinics , in such a time period. 2 . Supporting local businesses : A representative of Parkway Veterinary Hospital commented that local veterinarians support local schools, businesses, and community activities , and are subject to local taxes and restrictions . He suggested that the applicant be subject to higher taxes or fees . The Planning Commission indicated concern for supporting local businesses . III . RECOMMENDATION Staff recommends that the City Council approve the appeal and approve the application, subject to the drafted conditions of approval . Staff believes that the low cost clinics : encourage individuals to vaccinate their pets, and thus , reduce the potential for rabies ; that the frequency of the clinics seems reasonable ; and that the clinics would not conflict with supporting local businesses . ----------------------------------------------------------------- ITEM NO. COPIES TO: Appellant/Applicant Parkway Veterinary Hospital CITY OF DUBLIN MEMORANDUM PRE-HEARING STAFF ANALYSIS Meeting Date : September 12 , 1983 TO: City Council FROM: Planning Director SUBJECT: 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 . 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 . E1 Cerrito CA 94530 ASSESSOR PARCEL NUMBER: 941-305-16 PROPERTY OWNER: Payless Drug Stores EXISTING ZONING: C-1 (Retail Business ) EXISTING LAND USE: Retail businesses with a built shopping center SURROUNDING ZONING AND LAND USE: North - C-1 Retail Business East - C-1 Bank South - C-1 Retail Business West - C-1 Service 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; 3 ) compliance with requirements of other departments of the City/County Government . ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the September 12 , 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 . The Planning Commission, at its public hearing, on August 15, 1983 , expressed concern regarding the frequency of the clinics and the need to support local businesses . Staff believes that the four clinics would not conflict with supporting local businesses . Low cost pet vaccination clinics are not being offered by the local veterinarians . CITY COUNCIL ACTION REQUIRED: The City Council should hold a public hearing on the appeal of the Planning Commission ' s decision; make a decision on the appeal (that decision can modify any of the conditions of approval ) ; and make findings to support its action. The City Council should adopt a resolution regarding its actions . PRE-HEARING RECOMMENDATION It is recommended that the City Council approve the appeal, and approve the application to enable Pet Medical Service 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 : Draft Resolution Description of proposed use Site plan -2- PET MEDICAL SERVICE 11800 San Pable Ave . El Cerrito, CA 94530 David E. McClun, D.V. M. Mayor . Clyde W. Snyder City Council City of Dublin Dublin, California Re : PA 83-037 Conditional Use Permit We wish to appeal the action of the Planning Commission on August 15, 1983 refusing our request for a Conditional Use Permit to operate a pet vaccination clinic at the Payless parking lot, 7201 Regional Street in Dublin for the following reasons : Approximately one-half of pet owners have never immunized their pets . Our goal is to help prevent and wipe out communi - cable diseases among our pet populations. We feel that we are performing a public health service as well as a service to pet owners by offering affordable, conveniently located vac- cinations for dogs and cats . Please reconsider your decision. David E. McClun, D.V.M. August 23, 1983 R E C E I V E D AUG 2 1983 DUBLIN PLANNING ORAL COMI ICATION None WRITTEN COMMUNICATION None UNFINISH • BUSINESS No PUBLIC HEARING PA 83-037 PET MEDICAL SERVICE CONDITIONAL USE PERMIT Mr . Tong introduced the item, explaining that the applicant wished to operate a series of low-cost pet vaccination clinics . Staff ' s recommendation was to approve the Conditional Use Permit subject to conditions . David McClun, D .V .M. , applicant, was present in the audience to explain the function and purpose of the vaccination clinic service . William R. Evans , D .V .M. , of the Parkway Veterinary Clinic , was also present and pointed out that for a relatively small application fee , an out-of-town business would be allowed to come into the City, while established veterinarians , who support local schools , businesses , etc . , are subject to local taxes and restrictions . He suggested that if Conditional Use Permits for this type of service were approved, they should be subject to a higher tax or fee . During the discussion that followed Cm . Alexander expressed concern over the need for the frequency of clinics during the eight month period. There were also questions posed to both veterinarians present regarding price comparisons for the vaccination services , and number of pets vaccinated at each clinic . The Commissioners were also concerned about supporting Dublin ' s local businesses . Cm. Alexander made the motion to approve the Conditional Use Permit, with the stipulations that : 1 ) clinics be held only in September, 1983 , and January, and May, 1984 ; 2 ) add Condition 8 : FLAf,JM106- G0RR(55(0?,1 [4(1J()Ta Issue a list of owners of pets vaccinated at clinic sessions to local animal control ; and, 3 ) add Condition 9 : Notify owners when new vaccination due . The motion died for lack of a second. Cm. Petty motioned, with Cm. Alexander ' s second, approve the Conditional Use Permit, with the addition of the above mentioned Conditions 8 , and 9 , but allowing the four clinics proposed by the applicant . Cm. Alexander, again, stated that he was not in favor of allowing as many as four clinics within an eight month period, while Cm. Petty stated that, in his opinion, it should be left to the businessman ' s discretion . Cm. Tenery mentioned that none of the local veterinarians have offered a low cost service of this type . The vote on Cm. Petty ' s motion was as follows : Ayes : Cms . Petty and Tenery Noes : Cms . Mack, Alexander , Vonheeder Mr . Tong informed the applicant of appeal procedures . CHURCH OF GOD CONDITIONAL USE PERMIT Mr . ng explained the applicant ' s intention to conduct a school and chu using some of the buildings on the Fallon School . Le . He recommen d approval o' the Conditional Use Permit subje to conditions of roval . Mr . Raymond Cooper , A ociate Pastor, appeared for e applicant and pointed out that the appeared to be more rking available on and near the site than S f might be awa of . He also questioned the church ' s obligati n for la -scaping and tree planting , and requested that the n ber students permitted be increased to 120 . Arthur Kraus , a Larkdale Ave . r ident, wa resent and objected to the use of the site as an uher school and urch . A question was posed b - ?r . John Collins as to whet r the play field would be close ' to the public . Mr . Cooper assur the Commission that t' field would remain open to the public , under the terms of t lease . The parki situation was of major concern , and Staff suggested the ad . ion of the follo,:iing statement to Condition 5 : "There sha be no parking in any of the residential areas . " i Pet Medical Service is a mobile vaccination clinic for dogs and cats . We offer the following vaccines to the public at low cost : rabies for dogs and cats , parvo for dogs , canine "6 in 1 " (DHLP + parvo ) , feline "3 in 1 " (PL-C-IFR) . We also offer testing for intestinal parasites and heartworm. Pet Medical Service operates out of a Dodge van. The van is modified as a camper . The top pops up to allow standing room inside . We have attached two eight foot awnings to either side of the van for use in inclement weather. Other equipment includes two large tables (one for processing paper work and one for vaccinating dogs ) , and five signs . The signs are free standing (A-frame) and have the following dimensions : two signs 4' x 41 , two signs 2 ' x 3 ' , one sign 2 ' x 2 ' . The total space needed to set up this equipment ( including the. van) is approximately 25 square yards . (On a parking lot this equals six to eight parking spaces . ) Pet Medical Service wishes to use the parking lot of Payless Drugs at 7201 Regional in Dublin to hold a vaccination clinic . The manager has agreed to this use of the parking lot . The date of the clinic is July 24, 1983 . Attached please find a diagram indicating our proposed location in the parking lot . Future dates for our clinics have been scheduled as follows : September 18 , 1983• November 20 , 1983 • January 15 , 1984. March 18 , 1984. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL APPROVING APPEAL OF THE PLANNING COMMISSION DECISION AND 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 : September 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 denied the application; and, WHEREAS, the City Council did hear an appeal of the Planning Commission decision on the application, on September 12, 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 City Council did hear and consider all said reports , recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council 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 acceptable 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-1 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 City Council approves the appeal of the Planning Commission decision on the application, and does hereby conditionally approve said application, as shown by materials labeled Exhibit "A" , on file r 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 Payless parking lot only and shall not visually block the traffic aisles . 7 . Main traffic aisles shall be kept free of obstructions . . Customer parking is permitted in designated parking stalls only. PASSED, APPROVED AND ADOPTED this th day of 1983 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk -4-