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HomeMy WebLinkAboutPC2022-010 - APPROVING CONDITIONAL USE PERMIT NO. UP2021-034 FOR A RESIDENTIAL KENNEL AND PARKING WAIVER FOR THE PROPERTY LOCATED AT 20332 RIVERSIDE DRIVE (PA2021-217)RESOLUTION NO. PC2022-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2021-034 FOR A RESIDENTIAL KENNEL AND PARKING WAIVER FOR THE PROPERTY LOCATED AT 20332 RIVERSIDE DRIVE (PA2021-217) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amore for Dogs (“Applicant”), with respect to property located at 20332 Riverside Drive, and legally described as Lot 9 of Tract 2581 (“Property”), requesting approval of a conditional use permit. 1. The Applicant proposes to renovate an existing single-family residence and accessory commercial kennel to establish a small-scale dog rescue operation. The improvements proposed include the demolition of existing detached accessory kennels; installation of seven (7) 60-square-foot prefabricated kennels (totaling 420 square feet); conversion of an existing detached 504-square-foot kennel structure to a dog wash and laundry building; remodel of an existing 1,312-square-foot single-family residence and office area; a reduction in parking for the residential use, and demolition of an unpermitted detached structure, remodel of a pool, and other accessory yard improvements. 2. The Property is located within the Residential Kennel District of the Santa Ana Heights Specific Plan Area (SP-7/RK) and the General Plan Land Use Element category is Single Unit Residential Detached (RS-D). 3. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 4. A public hearing was held by the Planning Commission on May 12, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. 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 meeting. 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). Planning Commission Resolution No. PC2022-010 Page 2 of 11 10-18-21 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 would establish a small-scale dog rescue operation. Proposed work includes demolishing the existing detached kennel structures, remodeling the existing residence, conversion of a kennel structure to a dog wash and laundry building, and installing prefabricated kennels (420 square feet total). The site is 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 categorizes the Property as Single Unit Residential Detached (RS-D), 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. The Project is consistent with this designation as the single-family residential use remains as the primary use with the residential kennel serving as an accessory use. 2. The Property is located within the Santa Ana Heights Specific Plan Area. The Project is consistent with the Santa Ana Heights Specific Plan as residential kennels are expressly authorized under the RK designation. 3. 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. 17, 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. Planning Commission Resolution No. PC2022-010 Page 3 of 11 10-18-21 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 Residential Kennel (RK) District of the Santa Ana Heights Specific Plan Area (SP-7) Zoning District. The RK District is intended to provide for the development of a neighborhood that maintains single-family residences as primary uses with accessory commercial kennels when operated to minimize potential detrimental conditions. 2. In 1972, the County of Orange Zoning Administrator approved Use Permit No. 3165 that allowed accessory commercial kennels at the property in conjunction with the single-family residence. Use Permit No. 3165 allowed for the keeping of 30 dogs for the purposes to breed, raise, and groom show dogs. Under NBMC Section 20.090.070(G)(1), the project requires a new permit because accessory uses allowed by the current use permit will be intensified with the conversion of a 504-square-foot kennel structure to a dog wash and laundry building. The project will install commercial kennels in a new location from the approved existing locations. The relocated kennels require a new acoustical analysis report describing the noise generating potential of the project. 3. The dog rescue operation would see the public by appointment only during the hours of 8 a.m. to 6 p.m., daily. The owner or manager will be on-site at all times to address potential nuisances in the unexpected event they should occur. 4. Section 20.90.070(B) (Principal Uses) of the NBMC allows commercial kennels when in conjunction with the maintenance of a single-family residence on the same building site subject to approval of a conditional use permit. The Project will be established on a property with an existing single-family residence, which will be occupied by the operator or manager of the kennel and will be compatible with the surrounding neighborhood as conditioned. 5. Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one (1) parking space for every 400 square feet of gross floor area for an “Animal Boarding/Kennels” use and two (2) parking spaces within a garage for a Single-Unit Residential Detached use. The Project consists of an approximately 504-square-foot commercial kennel building and a single-family residence; therefore, a total of four parking spaces are required. The Code-required two (2)-car garage for the residence and additional parking space cannot feasibly be provided on-site without significant alteration of the existing single-family home and removal of a City tree that must remain in place per Public Works’ requirements. The Applicant requests to waive a total of two (2) parking spaces for the residence under Zoning Code Section 20.40.110(B)(1) (Adjustments to Off-Street Parking Requirements – Reduced Parking Demand). The tandem parking spaces will be used and managed in Planning Commission Resolution No. PC2022-010 Page 4 of 11 10-18-21 accordance with the parking management plan identified below (see “Reduction of Code Required Parking”). Currently, there are three existing parking spaces on-site. The project would result in no net loss of parking as three uncovered parking spaces, including an accessible stall, would be provided within the front driveway area. 6. In compliance with Section 20.40.110(B)(1) (Adjustments to Off-Street Parking Requirements – Reduced Parking Demand) of the NBMC, the use will operate in harmony with other similar uses in the neighborhood which also utilize on-street public parking. Most, if not all, of the other properties on the block do not provide conforming parking for either the homes or the commercial kennels and the block is almost entirely reliant on public street parking. Customers visit by appointment only and will not spend a significant amount of time at the site. In addition, the owner or manager of the accessory commercial kennel will live in the single-family residence, which makes the flexible shared parking configuration with the accessory use appropriate in this case. 7. As conditioned, the operator is required to comply with the parking management plan identified in the staff report. 8. Condition of Approval No. 14 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. The Property is located on Riverside Drive south of Orchard Drive. The Project will reestablish a commercial kennel on the Property with an existing single-family residence that will remain and will be occupied by the operator or manager of the kennel. 2. Properties within the vicinity of the Property are generally developed with single-story residential structures and an intermixing of small-scale commercial buildings occupied primarily by other kennel operations. 3. The Property abuts properties designated SP-7 (RK) to the east and west. The property to the west has an active commercial kennel. To the rear of the Project, properties are zoned Residential Single Family (RSF) within the N (Commercial Nursery Overlay) and Residential Multiple Family (RMF). The residential parking lots of the Residential Single Family (RSF) zoned properties and existing detached structures will serve as a buffer between the use and the residential neighborhoods to the rear. Planning Commission Resolution No. PC2022-010 Page 5 of 11 10-18-21 4. The Project’s size and operational characteristics are like most of those along the block with accessory commercial kennels in conjunction with single-family residences. Historically, the commercial kennels on Riverside Drive have operated with a maximum limitation of 59 dogs, as they were approved in the 1960s or 1970s under the County’s jurisdiction. The Project’s proposal of 29 dogs is well below the historic range of allowable dogs throughout the neighborhood and will help to minimize potential impacts on the neighborhood regarding noise and additional traffic. 5. All the Project’s proposed structures follow the development standards of the RK (Residential Kennel) District, including setbacks for dog kennels, allowed accessory structures, and height limits. Additionally, proposed improvements are not oversized or out of scale with the existing pattern of development on the block that are primarily one-story buildings. 6. Conditions of approval, including limitations on the operation, are included to minimize any impacts to the surrounding commercial and residential uses to the greatest extent possible. 7. The facility will not operate as a veterinary clinic nor will medical services be provided for the public. 8. 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 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. Facts in Support of Finding: 1. The Project site is 13,116 square feet (0.30 acres) in area, relatively trapezoidal, topographically flat, and developed with an approximately 1,312-square-foot single- story residence. A three (3)-car driveway will be improved to accommodate one tandem space and one accessible space compliant with Americans with Disabilities Act requirements. The required two (2)-car garage for the residence and additional parking space cannot feasibly be provided on-site without significant alteration of the existing single-family home and removal of a City tree that must remain in place per Public Works’ requirements. 2. The Property is large enough to accommodate structures that can house a maximum of 29 dogs and an exercise area. Planning Commission Resolution No. PC2022-010 Page 6 of 11 10-18-21 3. The conditions of approval including the limitation on storage of commercial vehicles and prohibition of any storage in front of the building (Condition of Approval No. 15) will ensure the site is more suitable for the proposed use. 4. The Property is currently developed and will not be altered in a way that compromises public and emergency vehicle access, public services, and access to proper utilities. 5. The improvements to the Project site 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 proposed Project site is within proximity of residential uses, several similar commercial kennels have operated in the neighborhood under similar conditions since gaining approval under the County’s jurisdiction and have not proven detrimental. 2. As demonstrated in the acoustical analysis report prepared by BridgeNet International on December 27, 2021, the dog rescue 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: 1. 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 Planning Commission Resolution No. PC2022-010 Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are included 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. The Project shall comply with all recommendations in the BridgeNet Acoustical report dated December 27, 2021, for sound attenuation. (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 Use Permit. 4. This Conditional Use Permit 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 Conditional Use Permit or the processing of a new conditional use permit. 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. The existing single-family residential use shall be maintained on-site at all times and said residence shall be occupied by the operator or manager of the accessory commercial kennel. 8. The operator shall comply with the parking management plan identified in the staff report to the best of their ability. The front tandem stall farthest from Riverside Drive shall not be used by customers. 9. There shall be no more than three (3) employees on-site at any given time, including the operator and manager. 10. The maximum number of dogs on-site at any one time shall be limited to 29. Planning Commission Resolution No. PC2022-010 Page 9 of 11 10-18-21 11. No walk-in visitors shall be permitted. Visitors shall be seen by appointment only. Appointment hours shall only occur between 8 a.m. and 6 p.m., daily. 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 (7) days, or less, if determined to be a nuisance. 13. The storage of materials outside of the residence in the front yard shall be prohibited. 14. The maximum number of dogs permitted in the rear yard shall be no more than ten (10) at any one time between the hours of 7 a.m. and 10 p.m. All dogs shall otherwise be maintained within the enclosed commercial kennel structure. Dogs shall be supervised when using the yard area. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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. 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. 17. 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. 18. 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 approval of Amore for Dogs including, but not limited to, Conditional Use Permit No. Planning Commission Resolution No. PC2022-010 Page 10 of 11 10-18-21 UP2021-034 (PA2021-217). 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. Public Works 19. All improvements shall be constructed as required by Ordinance and the Public Works Department. 20. An encroachment permit is required for all work activities within the public right-of-way. 21. The Applicant shall reconstruct the existing broken and/or otherwise damage concrete curb, gutter and sidewalk along the Riverside Drive property frontage. 22. The Applicant shall remove all existing private, non-standard improvements within the Riverside Drive right-of-way fronting the development site. 23. The Applicant shall install landscaping in the planted parkway area along the Riverside Drive right-of-way. 24. Prior to building permit issuance, plans shall be reviewed by the Costa Mesa Sanitary District (CMSD) to determine if any sanitary sewer improvements will be required. 25. Prior to building permit issuance, plans shall be reviewed by Irvine Ranch Water District (IRWD) to determine if any water service improvements will be required. 26. All existing overhead utilities shall be undergrounded. 27. Proposed on-site parking spaces shall comply with City Standard Drawing No. 805. 28. No permanent structures shall be constructed on existing easements on the property. 29. All improvements shall comply with the City’s sight distance requirement. See City Standard Drawing No. 110. 30. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public-right-of-way could be required at the discretion of the Public Works Inspector. Planning Commission Resolution No. PC2022-010 Page 11 of 11 10-18-21 Electrical/Mechanical/Plumbing 31. Prior to building permit issuance, mechanical heating and ventilation plans must illustrate compliance with NBMC section 7.35.100 A & B. 32. Prior to building permit issuance, plans must illustrate compliance with NBMC section 10.26.025 for allowable exterior noise level. 33. Prior to building permit issuance, plumbing plans must illustrate compliance with NBMC section 7.35-100 E. Kennel waste, is prohibited from entering the street and the City's storm drainage system. Fire Department 34. All commercial kennel structures shall be protected with either a fire sprinkler system or a fire alarm system. Notification of either system shall be wired to the residence to inform the kennel operators of an emergency. Police Department 35. Prior to final of the building permit, the applicant is required to obtain approval of a Kennel Operator’s Permit from the Chief of Police in compliance with Municipal Code Chapter 7.35 (Regulation of Kennels). The Project must comply with Chapter 7.35 (Regulation of Kennels) of the NBMC. Building Division 36. 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.