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HomeMy WebLinkAboutPC2021-006 - APPROVING CONDITIONAL USE PERMIT NO. UP2020-193 FOR A CITY-OPERATED PUBLIC ANIMAL SHELTER LOCATED AT 20282 RIVERSIDE DRIVE (PA2020-349)RESOLUTION NO. PC2021-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2020-193 FOR A CITY- OPERATED PUBLIC ANIMAL SHELTER LOCATED AT 20282 RIVERSIDE DRIVE (PA2020-349) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Friends of Newport Beach Animal Shelter (FONBAS) (“Applicant”/“Owner”), with respect to property located at 20282 Riverside Drive, and legally described as Lot 14, Tract 2581, as per Map thereof recorded in Book 77, page 15 of Miscellaneous Maps, records of Orange County, California (“Property”), requesting approval of a conditional use permit (“CUP”). 2. A conditional use permit to demolish an existing residential kennel and construct a new public animal shelter for cats and dogs. Project implementation would result in a 1,565- square-foot, single-story shelter and a 755-square-foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated “no-kill” shelter. If approved, the applicant proposes to donate the property and improvements to the City of Newport Beach to be operated by the Newport Beach Police Department Animal Control Division as the City’s permanent animal shelter. 3. The Project is not a “housing development” as described in Government Code section 66300, subdivision (a)(6), and therefore not subject to the Housing Accountability Act pertaining to a loss of density. 4. The Property is located within the SP-7/RK (Residential Kennel District of the Santa Ana Heights Specific Plan Area) and the City of Newport Beach General Plan Land Use Element designation is RS-D (Single-Unit Residential Detached). 5. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 6. A public hearing was held on March 4, 2021, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with California 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 public hearing. Planning Commission Resolution No. PC2021-006 Page 2 of 11 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project has been determined to be categorically exempt pursuant to Title 14, Division 6, Chapter 3 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes a small commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 10,000 square feet in floor area on sites zoned for such use within an urbanized area. The Project is the demolition of a residential kennel for the construction and operation of a 1,565-square-foot animal shelter with a 755-square-foot dog kennel on a site zoned RK (Residential Kennel) within the SP-7 (Santa Ana Heights Specific Plan Area). 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) 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. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the Property as RS-D (Single- Unit Residential Detached), which is intended to apply to a range of detached single- family residential dwelling units on a single legal lot and does not include multi-unit development, condominiums, or cooperative housing. Although the Project would not provide a residential use, a public animal shelter use would exist in harmony with neighborhood. The RK (Residential Kennel) zoning district is unlike any other residential zone in the City because it allows for the hybrid use of a residence and kennel business on site (or “residential kennel”). The kennel business aspect essentially functions the same as an animal-keeping facility in a nonresidential district. Residential kennels may retain employees to work on the property and are open during business hours to the public who visit to pick up and drop off animals. Some residential kennels are allowed to board up to 59 dogs at a time. Within the residential kennel district's context, the public animal shelter is a fitting complement Planning Commission Resolution No. PC2021-006 Page 3 of 11 by maintaining a visual and operational character that resembles other residential kennel uses. 2. The Project’s one-story facility matches the scale and architecture of structures in the RK (Residential Kennel) district and would not create a conflict with the residential neighborhood. Conditions of approval would help form consistency with residential kennels in limiting the hours of operation to 8 a.m. to 7 p.m. daily and on- site employees to no more than three at one time. The Project is also conditioned to permit the sheltering of up to 29 dogs, which is significantly fewer than the 59 dogs of some residential kennels. Customer traffic is not expected to generate pedestrian or vehicular traffic in excess of that existing in the neighborhood. NBPD Animal Control offers an online listing of animals available for adoption updated in real time and has a robust social media presence. NBPD Animal Control would encourage appointment-based visits and that customers research the animals before arriving to the shelter. The NBPD Animal Control has temporarily located operations at 20302 Riverside Drive, two sites south of the Project, and has not been the subject of complaints or issues. Compliance with conditions of approval, code requirements, and kennel standards will help ensure the Project is compatible with residential uses and prevent possible disturbances and annoyances to those residing in the area. 3. In compliance with Land Use Policy LU 2.2 (Sustainable and Complete Community) of the General Plan, the Project emphasizes a use that enables Newport Beach to continue as a self-sustaining community. The Project minimizes the need for residents to travel outside of the community to look for non-profit animal services. NBPD Animal Control will operate the facility as the City’s only public animal shelter. 4. Per Land Use Policy LU 6.1.1 (Adequate Community Supporting Uses) and 6.1.2 (Siting of New Development), the Project provides new public infrastructure in the form of a public animal shelter to serve the needs of Newport Beach’s residents and businesses. The development would provide a permanent accommodation for the NBPD Animal Control whose current location is on a temporary basis. The Project design will enhance Animal Control’s service capabilities with sizable and customized areas for animal containment and care, administrative offices, animal grooming and meal preparation, and meet-and-greet yards. 5. According to Land Use Policy LU 6.1.3 (Architecture and Planning that Complements Adjoining Uses), the Project maintains a high visual and architectural quality level. The Project is a single-story animal shelter with architecture, bulk, and scale designed appropriately to blend in with the surrounding area. It preserves the residential character of this unique neighborhood that allows accessory commercial kennels. There are no design features of the Project that are detrimental to the residential look or use of the block. The Project design has the appearance of a home and will function similarly to residential kennels along Riverside Avenue. The front setbacks and other visible areas from the public street will be attractively landscaped and trash containers will be hidden in enclosures. The driveway and parking areas will be visually consistent with adjoining residential kennel operations that have paved parking areas. Planning Commission Resolution No. PC2021-006 Page 4 of 11 6. Following Noise Policy N 1.1 (Noise Compatibility of New Development), 4.1 (Stationary Noise Sources), and 4.7 (Nuisances), as shown in the submitted acoustical report, the Project would adhere to interior and exterior noise standards. Per Condition of Approval No. 15, all noise generated by the Project must comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 7. The Property is located within the SP-7 (Santa Ana Heights Specific Plan Area). The proposed use will be consistent with the permitted and conditionally permitted uses for the RK (Residential Kennel) District of the Specific Plan as described in the above Facts in Support of Finding A.1 through A.5. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located within the RK (Residential Kennel) SP-7 (District of the Santa Ana Heights Specific Plan Area) Zoning District. The RK District is intended to provide for the development of a neighborhood that includes, but is not limited to, single-family residences in conjunction with commercial kennel businesses. 2. Per Section 20.90.070(B) (Residential Kennel District: SP-7 (RK). - Principal Uses Permitted) of the NBMC, the Planning Commission may allow any use found consistent with the purpose and intent of the RK (Residential Kennel) District. While the Project does not contain a residence, the public animal shelter is a comparable use to a residential kennel. As designed, the facility will maintain a similar look and use of other developments along the block and comprises 1,595 square feet of floor area, employs a maximum of three staff members, maintains typical business hours, and shelters no more than 29 dogs at any time. 3. The shelter is expected to be open Saturday and Sunday from 11 a.m. to 3 p.m. and Monday to Friday by appointment only. Under rare circumstances, staff may work late hours (past 11 p.m.) to care for sick or young animals. The NBPD may be contacted at all times to address potential nuisances in the unexpected event they should occur. Condition of Approval No. 7 requires on-site signage in a conspicuous location to designate an after-hours emergency contact and phone number. 4. While not explicitly stated in the RK (Residential Kennel) Zoning District, other single-family designations in Santa Ana Heights acknowledge that a police station may be consistent with a residential neighborhood subject to Planning Commission approval. The nearest designation that allows police stations is RSF (Residential Single-Family District), which is immediately adjacent to the Property’s rear yard. This supports that an animal shelter at the site operated by the NBPD may be found to be consistent within the context of the single-family neighborhood. Because the RK (Residential Planning Commission Resolution No. PC2021-006 Page 5 of 11 Kennel) Zoning District provides for accessory commercial kennels, favorable conditions exist to operate a public animal shelter without adverse impacts to residences. 5. Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one parking space per 400 square feet of gross floor area for an Animal Boarding/Kennels use. The Project consists of an approximately 1,595-square-foot animal shelter (non-profit kennel); therefore, a total of 4 parking spaces are required. The Project complies by providing 4 surface parking spaces at the front of the site and includes an accessible van space. There are no proposed obstructions to on- street parking in front of the Property. 6. Condition of Approval No. 19 requires the Project to comply with Chapter 7.35 (Regulation of Kennels) of the NBMC and for the operator to obtain an Operator’s Permit from the Chief of Police. Animal Control has reviewed the application and have found the Project to be consistent with kennel regulations design standards. Finding: C. The design, location, size, and operating characteristics of the use are compatible with allowed uses in the vicinity. Facts in Support of Finding: 1. All Facts in Support of Finding B are hereby incorporated by reference. 2. The Property is located on Riverside Drive south of Orchard Drive. The Project would demolish the existing single-family residence and commercial kennel to establish a new public animal shelter for cats and dogs. 3. Properties within the vicinity of the project site are generally developed with single-story residential structures and an intermixing of small-scale commercial buildings occupied primarily by other kennel operations. 4. The Project’s size and operational characteristics are like those prevailing along the block with accessory commercial kennels in conjunction with single-family residences. Most of the commercial kennels operate with a maximum limitation of 59 dogs, as they were approved in the 1960s or 1970s under the County’s jurisdiction. The Applicant’s proposal of 29 dogs is well below the range of allowable dogs throughout the neighborhood and will help to minimize potential impacts on the neighborhood with regard to noise and additional traffic. 5. All the Project’s structures follow the development standards of the RK (Residential Kennel) district including setbacks for the main structure, location of the dog kennels, allowed accessory structures, and height limits. Additionally, at 1,595 square feet of floor area and one-story tall, the Project is not oversized or out of scale with the existing pattern of development on the block that are primarily one-story buildings. Planning Commission Resolution No. PC2021-006 Page 6 of 11 6. The Project’s architectural materials will maintain the residential character of the block. Structure walls would be constructed of multi-colored concrete blocks and include vinyl windows. For comparison, the residence to the west at 20272 Riverside Drive also uses concrete blocks in its structure. The Project’s standing seam metal roof would be accented by a composite wood fascia along the roofline. In the front yard, landscaping would soften parking area with two olive trees and planter boxes made up of a mix of low shrubs. 7. The Project is expected to be compatible within the area’s unique residential setting that allows accessory animal kennels and commercial nurseries. To the rear of the Project, properties are zoned Residential Single Family within the N (Commercial Nursery Overlay). The N (Commercial Nursery Overlay) provides for homes in conjunction with wholesale commercial nurseries. These properties have detached horticultural structures that serve as a buffer between residences and the subject use. The nearest habitable portion of the N (Commercial Nursery Overlay) residences are around 65 to 85 feet away from the proposed dog kennels on-site. The two properties abutting the site to either side have active commercial kennels and are separated by a proposed 6-foot-tall block wall to attenuate noise. Given the proximity and nature of the nearby uses, the Project would not introduce a negative effect to the area and is designed to blend with the existing uses. Conditions of approval including limitations on the operational hours, number of employees, number of animals, and drop offs are included to this effect as well. Condition of Approval No. 11 restricts drop-offs and pickups of dogs to occur between the hours of 8 a.m. and 7 p.m., daily. To provide flexibility, occasional drop-offs and pickups of dogs may occur outside these hours only when required and subject to approval by the Chief of Police. 8. Medical treatment will only be administered to animals received by Animal Control Officers. The facility will not operate as a veterinary clinic nor will medical services be provided for the public. 9. The Public Works Department, Building Division, Fire Department and Police Department have reviewed the application. The Project is required to obtain all applicable permits from the Orange County Health Department, as well as all applicable City Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Planning Commission Resolution No. PC2021-006 Page 7 of 11 Facts in Support of Finding: 1. The Property is 8,100 square feet in area, relatively rectangular and topographically flat, and will be developed with an approximately 1,565square-foot single-story animal shelter and 755square-foot dog kennel. A driveway will be improved with four surface spaces, including the accommodation of a single parking space that will be compliant with the Americans with Disabilities Act (“ADA”) requirements. 2. The Property is large enough to accommodate a public animal shelter – including offices, animal care, and exercise areas – and a kennel enclosure housing 29 dogs. 3. Conditions of Approval No. 14 prohibits any storage in front of the building and will ensure storage areas on-site site are suitable for the proposed use. 4. The Property will be developed in a way that does not compromise public and emergency vehicle access, public services, and access to proper utilities. 5. The improvements to the Property will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. 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 in Support of Finding: 1. Although the Project site is within close proximity of residential uses, the size and operation of the public animal shelter would integrate well with other commercial kennels that are allowed operate in the neighborhood. The Project will operate similarly to other commercial kennels that were approved under the County’s jurisdiction and have not proven detrimental in the vicinity. 2. As demonstrated in the acoustical analysis report prepared by RK Engineering, Inc. on December 15, 2020, the Project, as designed and with the appropriate noise reduction measures incorporated, is expected to operate in compliance with the noise standards within the NBMC and will not exacerbate ambient noise in the area. 3. Operational conditions of approval have been added to help ensure continued compatibility with commercial (kennels) and residential uses within the area. Compliance with the NBMC is required and will further help to ensure that the proposed use will not be detrimental. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Planning Commission Resolution No. PC2021-006 Page 8 of 11 4. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 1. The Planning Commission of the City of Newport Beach hereby approves CUP No. UP2020-193, 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 fourteen (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 4TH DAY OF MARCH, 2021. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: Klaustermeier BY:_/'--___ 2'------- Lauren Kleiman, Secretary Planning Commission Resolution No. PC2021-006 Page 9 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan 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 CUP. 4. This CUP 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this CUP or the processing of a new CUP. 6. 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. 7. Signage designating an after-hours emergency contact and phone number must be placed in a conspicuous location on-site. 8. The Property must be maintained and operated as the City’s public animal shelter at all times. Once the City discontinues use of the site as a public animal shelter, future uses at the site will be subject to Residential Kennel (RK) District standards, including residences in conjunction with accessory commercial kennels. This approval does not authorize a future private, non-profit, or commercial kennel use. 9. There shall be no more than three (3) employees on-site at any given time. 10. The maximum number of dogs on-site over the age of four months shall be limited to 29 at any one time. Planning Commission Resolution No. PC2021-006 Page 10 of 11 11. Drop-offs and pickups of dogs shall be limited to the hours between 8 a.m. and 7 p.m., daily. Occasional drop-offs and pickups of dogs may occur outside these hours only on an as-needed basis subject to approval by the Chief of Police. 12. Adequate drainage facilities shall be installed and maintained to facilitate proper sanitation and satisfactory disposal of both natural precipitation and water used to clean the facility. The operator shall maintain the site in a clean and sanitary condition at all times and shall provide for the appropriate collection of animal waste from all locations on the property. All animal waste shall be stored in a covered container(s) that shall be emptied in accordance with applicable laws. In no case shall the animal waste be permitted to remain in any container for a period exceeding seven days, or less, if determined to be a nuisance. 13. The storage of materials outside of the shelter in the front yard shall be prohibited. 14. The maximum number of dogs permitted in the meet-and-greet front yard shall be no more than two (2) at any one time. 15. All noise generated by the Project shall comply with the provisions of Chapter 10.26 (Community Noise Zones) and 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 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 a.m. 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 16. The Project must comply with Chapter 7.35 (Regulation of Kennels) of the NBMC. 17. 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 current business owner, property owner or the leasing agent. 18. 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. 19. 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 Planning Commission Resolution No. PC2021-006 Page 11 of 11 approval of Friends of the Newport Beach Animal Shelter including, but not limited to, CUP No. UP2020-193 (PA2020-349). 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 20. 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.