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HomeMy WebLinkAboutNB 6 ANIMAL RESEARCH 12-19-88TO: NILLIAM A. HUSTON, CITY HANAGER FROM: COMMUNITY DEVELOPHENT DEPARTHENT SUBJECT: BIOMEDICAL ANIMAL RESEARCH LABORATORIES, AMENDMENTS TO CITY CODE. RECOI,~IENDATION !t Is recommended that the Ctty Counct 1 take the follow1 n9 acttons- . Refer to the Planning Commission a request to amend the Zoning Code to allow biomedical research in the PH & M !ndustrlal Zones. ® Direct the Community Development Department staff to prepare an amendment to the Animal Code to allow an exemption from the numerical animal limits currently in the Code for biomedical research, provided a conditional use permit is approved. BACKGROUND* On October 14, 1988, the Community Development Department received a request from Bedford Properties requesting an amendment to the Tusttn City Code to allow the keeping of animals for the purpose of biomedical research. On November 21, 1988, staff brought this issue to the City Council for consideration (see Exhibit A). Staff was directed to research this type of use to determine the appropriate course of action. Since the filing of the original reduest by Bedford Properties, staff now understands that the intended user has located elsewhere. However, Bedford Properties wishes to pursue this request in order to market their industrial project to prospective tenants who use animals for biomedical research. SURVEY ANALYSIS In order to properly assess the alternatives in regulating the use of animals for biomedical research, staff conducted a survey of selected cities in Orange County, LA County, and central California (Silicon Valley area). The results of this survey (see attached Exhibit B) indicated two approaches cities take in regulating the subject use: Allowing biomedical animal research laboratories as an outright permitted use in industrial or business park districts. City Counctl Report B-iomedlcal Research Laboratories December 19, 1988 Page two 2. Allowing biomedical animal research laboratories as conditionally permitted uses in industrial or business park districts. Staff also contacted the Humane Society and Orange County Animal Control and learned that neither of these agencies review, permit, or inspect such animal testing or research laboratories and that the Federal government is responsible for special permits and necessary inspections. Specifically, the Department of Agriculture regulates facilities where animals are kept for research purposes. They issue permits and contract with local veterinarians to conduct the inspections to determine compliance. Permitted sites are reinspected two to three times a year and more frequently if violations are found or if complaints are filed on a particular laboratory. In addition to requesting information on the land use regblatory approach each city utilized, staff quierred each surveyed city regarding the political and policy issues related to biomedical animal research. While no particular city was aware of any specific problems encountered, the following potential problems have been identified: 1. Overconcentration: Should a particular project or area wish to "market itself" as a biomedical research project, an overconcentration of such facilities could create an acute awareness of these research activities and make a city more susceptible to those sensitive to animal rights issues. 2. Facilities: While the Department of Agriculture has specific regulations for facilities involving animal testing/research labs, they do not inspect the sites themselves and rely on local veterinarians to do the work. Without some specific measures to control how the facilities are operated, it may be difficult to maintain safe, clean and humane environments for the animals. The Department of Agriculture also makes no determination on the appropriate location of such facilities in light of surrounding land' uses and the potential impact of such operations. 3. Political/Policy' In response to newspaper articles discussing the City's recent consideration of allowing the keeping of animals for biomedical research, the City has already received correspondence strongly opposing Bedford's proposal (see attached correspondence). The use of animals for medical and laboratory research continues to - be a sensitive political/policy issue with very divergent opinions about the rights of animals and whether biomedical research is morally acceptable. CURRENT CITY CODE REQUIREHEIITS/A#D RECOI~EHDED APPROACH ; · The City's *i'ndustri'al zoning standards would permit research and development Corn rnunity DeveloPrnen~ Depar~rnen~ City Council Report Bi omedical Research Laboratories December 19, 1988 Page three -- · uses as an outright permitted use. While there is not a current prohibition on keeping of animals for such uses, Sections 4221 and 4223 of the Tustin Code limits any person or business, except petshops or kennels, from having more than 10 rodents on their site and any primates unless used for instructional purposes in conjunction with a bonafide educational institution. Wild animals are permitted in any entertainment establishment provided a conditional use permit authorizes and provides for such use. Based upon the current requirements or the Tustin Municipal Code, the following action would have to occur before a biomedical research laboratory would be permitted to operate with more animals then currently authorized: There would, a't minimum, have to be an amendment to Sections 4221 and 4223 of the City's animal code to exempt biomedical research facilities from the current numerical limits of the Code. As an alternative, said uses could be exempted as is the case of entertainment uses, provided a conditional use permit for said use is 'approved. Considering the current City Code requirements for similar uses (kennels & veterinarians) and the results of the survey analysis, staff recommends that the following revisions be made to the City Code for biomedical animal research: 1. Amend the Animal Code (Sections 4221 and 4223) to exempt research laboratories from the current numerical limits provided a Conditional Use Permit is approved; 2. Amend the Zoning Code to allow biomedical animal research laboratories as a conditionally permitted use in the M and PM (Industrial) districts. Essentially, if approved, the amendments will allow such laboratories with a conditlona-1 use permit. Standard conditions may then be applied to the Use Permits to ensure compliance wi th the Department of Agriculture standards as well as requiring any other conditions which may apply to the site. The Bedford Properties site, which is located at 3002 Dow Avenue, has a Planned Community Zoning designation. The regulations do not currently list biomedical research laboratories, however, the plan includes a provision that states that any non-listed use may be allowed in the project with the approval of a Conditional Use Permit. Therefore, if the Animal Code amendment is approved, Bedford Properties may file individual use permit applications for a proposed tenants. Corn rnunity DeveloPment Department Ci.ty CouncJ 1 Report .Biomedical Research Laboratories December 19, 1988 Page four CONCLUSION Staff has discussed at length the particular sensitiveness of laboratories which use antmals for biomedical research with the other citles whtch currently allow such uses. Although from time to time animal rights groups bring this issue to the media, the Federal requirements allow for a safe, clean and humane environment for the animals to 11ve in. With these considerations tn mind, staff suggests that the City Council: 1. Direct staff to prepare an ordinance which amends the Anlmal Code to exempt biomedical animal research from the numerical antmal 11mits in the Code provtded a conditional use permit ts approved; 2. Refer to the Planntng Commission a request to amend the Zoning Code to allow biomedical animal research laboratorles as conditionally permitted uses in the PH and H [ndustrial Zones. · Laura C. Kuhn Senior Planner LCK' CAS' ts Attachments: Exhibits A and B Corn rnunity DeveloPrnen~ DeparTment ~' EXHIBIT A , NEW BUSINESS ' GENDA , DATE: NOVEMBER 21, 1988 Inter- Corn TO: FROM: SUBJECT: WILLIAM A. I, IUSTOII, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT AHENDPIENT OF TUSTIN CITY CODE TO ALLOW KEEPING OF ANIMALS FOR BIOHEDICAL RESEARCH RECOI~ENDATTON Pleasure of the City Council. BACKGROUND Staff recently received correspondence from Bedford Properties requesting that the City amend the Tustin City Code pertaining to animals to allow the keeping of animals for purposes of biomedical research (see. attached correspondence). The request.is being made to accommodate a proposed tenant who utilizes rodents and primates in their research. Sections 4221 and 4223 limit any person or business, except petshops or kennels, from having more than 10 rodents on their site and any primates unless used for instructional purposes in conjunction with a bonaftde educational institution. Since the proposed code amendment does not require a public hearing, staff would like direction from the City Council on the request prior to preparing the proposed amendments. Although the request is from one property owner, any anticipated amendments could be applied against any property where biomedical research is anticipated. The issue of the use of animals for medical research has been sensitive in other'Southern California Communities in recent years. Christi ne A. Shing eto Director of Community Development CAS:ts .Attachment' Letter dated October 14, 1988 -* .. EXHIBIT A,PAGE 2 BEDFORD PROPERTIES October 14, 1988 Ms. Chris Shingleton Director of Community Development CiTy of Tustin 300 Centennial Way Tustin, CA 92680 RE: Request for Revision of City Code Dear C~ris: Pursuant to our previous discussions, Bedford Properties hereby requests that the Tustin City Code pertaining to animals be amended to allow the keeping of animals for purposes of biomedical'research within a business · park mnvironment such as our 3002 Dow Business Center located within the Irvine Industrial Complex/Tustin. This request is prompted by our goal to accommodate a highly respected biomedical research tenant who utilizes rodents and a limited number of primates in their research. Bedford Properties is confident that this tenant would prove to be an asset to our project, and also to the City of Tustin. As we are under a strict time' constraint to accommodate the tenant, we appreciate your assistance in processing this request through the County and subsequently through the City Council in a timely manner. Please advise me if there is anything Bedford Properties can do to assist you in chis ~ffort. S. inc e ~'e ly, Susan Payne ProJ ecC Manager SP:mf cc: Kevin Hanson Bedford Properties, Inc. A Diversified Real F. smte Development and Management Company 3002 Dow Avenue Telephone Facsimile Suite 502 714 714 Tusfin, California 838-7979 838-8353 9268O CITY EXHiBiT B HURVEY REHULTH ~TTED USE UHE PERMIT REQUIRED OTHER OP~.N~E COUNTY: ~naheim Buena Park Costa Mesa Fullerton Irvine XXX XXX XXX XXX Use Determina- tion Required Orange Santa &ha OUTSIDE oR~NGE COURTY: Cupertino Loma Linda Long Beach Los Angeles Mountain View Pleasanton xxx XXX XXX XXX - XXX NO INFORMATION AV~IL~BLE AS OF 12/14/88. XXX CUP Required for primates XXX San Jose XXX San Ramon XXX Santa Clara XXX PERMITTED USE: Research laboratories are outright permitted uses in the specified zoning districts, there are not regulations regarding :nimal research. CONDITIONALLY PERMITTED USE: Research laboratories are not specifically listed and/or are subject to a Conditional Use Permit. '.. · , 18252 Wellington Av'le. Tustin, Calif. 92680 December 6, 1988 Mayor Ursula Kennedy 300 Centennial Way Tustin, California Dear Mayor Kennedy; It is of great importance that you do not amend our mun- icipal code in a manner that would allow animal research laboratories to operate in our city. Animal research is needlessly duplicated all over our country, let's not contribute to this inhumane treatment of animals. It has been said that Tustin does not have the city'staf£ to adequately supervise an operation such as this, which to be done in a caring, humane way needs'exceptionally observant, well trained personnel. Our once beautiful city of Tustin is being allowed to build on every little piece of land and crowd out those'of us who have enjoyed living here. This is a sadness for us who have loved Tustin. Now you are considering permitting animal research labor- atories to ~ocat& h~re'.'~"~.,-~ .'i.. In addition to the overbuild- lng taking p].ac~, must we have this disgraceful activity also'.' Please do not allow these researchers to locate in our city. Lucille Sherman. __ .. __ ~. '. :. ':'~!;~/ ....: :. L---- .' · ,. · ., , :':' ,::;:;~:;:~.;, ::,} -" ",, i":,. '-".", ,.' ? · ., v', ,. . .,: .~ .. , ,.? 18252 Wellington Av.e.-:~: .... ,,..' ,, Tustin, California '92'680 December 6, 1988 'CounCilman Earl:Prescott 300 Centennial Way Tustin, California Dear Mr. Prescott; It is of great importance that you do not amend our mun- icipal code in a manner that would' allow animal research laboratories to operate in our city. This type of research is needlessly duplicated all over our country. Let us not contribute to this inhumaneness to animals. Tustin does not have the city staff to adequately ~uperVise an operation such as th~s which will lead to more ~ruetty'. to the animals. ' Our once beautiful city is allowing building on every tiny~. lPiec~ of'land and t!~is is crowding out '~'ho,se of us who have oved living here. '-" Now you are cOnsidering permitting th~:Sg laborats=ie~c'to locate here. Must we have this disgraceful activity in " our city? Please do not pormit this to happen. S inc_e re ly Lucille sherman December 2, 1988 Tustin City Council Civic Center Plaza Tustin, CA 92680 Dear Sirs and Madams, In regards to the decision to postpone action on allowing animal research within Tustin City Limits, I'm vehemently opposed to al- l°wing any such activity in my community. Under a~ c_ircumstance~. Whether Tustin has adequate staff to oversee research conditions is really not the point. This type of activity is morally reprehensible, and I don't want my home town to be associated with it. Don't let pressure from real-estate interest change the current eight year ban on animal research within our community. Your votes are being closely watched on this issue and will have a direct bearing on our votes for you in the next election. Please reject the proposal to allow this disgusting activity. I want to continue to be proud to say I'm from Tustin. Sincerely, Susan Creed Reiten 1262 Flaminian Way North Tustin, CA 92680 sc / f 2002 Fallen Leaf Place Tustin, Ca. 92680 November 23, 1988 -b ~Councilman' Richard Edgar City of .Tustin' 300 Ceni~'ennial Way TuStin,.Ca. 92680 Dear Councilman Edgar- By virtue of thi°s letter, I am respectfully requesting your support in not allowing animal .research within the City of Tustin.; ' There are enough 'areas where this type of activity can take place without bringing it into our City. Much animal experimentation is repetitious, nOn-productive and cruel. It is' interesting to~not~ that the firm that: wants to come into Tustin~is 'not willing to reveal its name. Companies involved, in this type of research'would requ~ire on-going inspections by the Ci:ty which would prove to be an expensive burden.. Let's continue to' proudly say that Tustin does not allow animal research'. S.incerely, Carol Robbins Mayor Ursula Kennedy 300 Centennial Way Tustin, CA 92680 Jennifer K. MacLeod 1201N.E. Walnut #36 Tustin, CA 92680 December 13, 1988 Dear Mayor Kennedy: I am. writing to express, in the strongest terms possible, my opposition to biomedical research within Tustin City limits. The City of Tustin does not need this type of "business". We will not benefit from..becoming known ~as the home of pain ., and suffering for helpless animals. I have lived in Tustin for over twelve years and this is the first time I have written to a Tustin city official. I appreciate your vote in opposition to biomedical research at past meetings and hope you will continue your opposition. ADNII , Robert J. MacLeod 1201N.E. Walnut #36 Tustin, CA 92.680 December 13, 1988 Mayor Ursula Kennedy 300 Centennial Way Tustin, CA 9-2680 Dear Mayor Kennedy: I am writing to express, in the strongest terms possible, my opposition to biomedical research within Tustin City limits. The City of Tustin does not need this type of "business". We will not benefit from becoming' known as the home of pain and suffering for helpless animals., I have lived in Tustin for over twelve years and this is the first .time I have written to a Tustin city official. I appreciate your vote in opposition to biomedical research at past meetings and hope you will continue your opposition. .