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HomeMy WebLinkAbout2011 - CONDITIONAL USE PERMIT FOR RESIDENTIAL KENNEL FACILITY - 20281 Riverside Dr RESOLUTION NO. 2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-043 FOR A RESIDENTIAL KENNEL LOCATED AT 20281 RIVERSIDE DRIVE IN THE SANTA ANA HEIGHTS SPECIFIC PLAN AREA (PA2015-199) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1 . An application was filed by The Dog Republic, LLC, with respect to property located at 20281 Riverside Drive, and legally described as Lot 3, Tract 2581, as per Map thereof recorded in Book 77, page 15 of Miscellaneous Maps, records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes to establish a commercial kennel in conjunction with an existing single-family residence. The applicant proposes to construct an approximately 900- square-foot, single-story building and a partially covered, fenced exercise area in the rear yard to board up to 29 dogs. Also included is a request to reduce the required off- street parking for both the residential and commercial uses. 3. The subject 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). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 18, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 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 proposed project is the construction and operation of an approximately 900-square-foot commercial Planning Commission Resolution No. 2011 Page 2 of 9 kennel building on a site zoned Residential Kennel (RK) within the Santa Ana Heights Specific Plan Area (SP-7). SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision) of the Newport Beach Municipal Code, 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 subject 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 proposed project is consistent with this designation as the single-family residential use remains as a key component of the development and such development within the Residential Kennel (RK) Zoning District has been determined to be consistent with the General Plan. 2. The project site is located within the Santa Ana Heights Specific Plan Area. The proposed use will be consistent with the permitted and conditionally permitted uses for the RK District of the Specific Plan. 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 project site 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. Zoning Code Section 20.90.070(B) (Principal Uses) 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 proposed commercial kennel 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. 10-02-2015 Planning Commission Resolution No. 2011 Page 3 of 9 3. Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required) requires one parking space per 400 square feet of gross floor area for an Animal Boarding/Kennels use and two parking spaces within a garage for a Single-Unit Residential Detached use. The proposed project consists of an approximately 900- square-foot commercial kennel building and a single-family residence; therefore, a total of five parking spaces are required. One parking space will be provided on- site within the front driveway area. The additional four spaces cannot feasibly be provided on-site without significant alteration of the existing single-family residence and elimination of on-street parking by widening the drive approach. 4. In compliance with Zoning Code Section 20.40.110(B)(1) (Adjustments to Off- Street Parking Requirements — Reduced Parking Demand), the use will operate in harmony with other similar uses in the neighborhood which also utilize public parking. Customer visits to the site are anticipated to be limited in quantity and duration. 5. As conditioned, the operator is required to comply with the parking management plan identified in the staff report to the best of his or her ability. 6. As conditioned, the proposed project will be in compliance with Municipal Code Chapter 7.35 (Regulation of Kennels) and the operator must obtain an Operator's Permit from the Chief of Police. 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 project site is located on Riverside Drive south of Orchard Drive. The proposed project will establish a new commercial kennel on the site developed 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 project site are generally developed with single- story residential structures and an intermixing of small-scale commercial buildings occupied primarily by other kennel operations. 3. The project site abuts two large properties designated Horticultural Nursery (HN) to the rear that are developed with several greenhouse structures. The greenhouse structures will serve as a buffer between the use and the residential neighborhoods to the west. The two properties abutting the site to each side have active commercial kennels. 10-02-2015 Planning Commission Resolution No. 2011 Page 4 of 9 4. 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 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. Conditions of approval including limitations on the operation are included to minimize, to the greatest extent possible, any impacts to the surrounding commercial and residential uses. 6. 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 8,100 square feet in area, relatively rectangular and topographically flat, and developed with an approximately 1,200-square-foot single- story residence. A single-car driveway will be improved to accommodate a single parking space that will be compliant with the Americans with Disabilities Act requirements. 2. The property is large enough to accommodate a structure that can house 29 dogs and an exercise area. 3. The conditions of approval including the limitation on storage of commercial vehicles and prohibition of any storage in front of the building will ensure the site is more suitable for the proposed use. 4. The project site 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. 10-02-2015 Planning Commission Resolution No. 2011 Page 5 of 9 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 close 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 RK Engineering, Inc. on November 10, 2015, the commercial kennel as designed and with the appropriate noise reduction measures incorporated is expected to operate in compliance with the noise standards within the Municipal Code 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 Municipal Code 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 approves Conditional Use Permit No. UP2015-043, 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 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 Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF FEBRUARY, 2016. AYES: Brown, Hillgren, Kramer, Koetting, Weigand and Zak NOES: None ABSTAIN: None ABSENT: Lawler 10-02-2015 Planning Commission Resolution No. 2011 Page 6 of 9 BY: ory 464, hairman BY: P er Koettirt , Secret 10-02-2015 Planning Commission Resolution No. 2011 Page 7 of 9 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 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 kennel. 8. The operator shall comply with the parking management plan identified in the staff report to the best of his or her ability. 9. A minimum of one (1) van shall be used as part of the kennel operation in order to help offset customer trips to the site. 10. There shall be no more than three (3) employees on-site at any given time, including the operator and manager. 11. The maximum number of dogs on-site at any one time shall be limited to 29. 10-02-2015 . Planning Commission Resolution No. 2011 Page 8 of 9 12. Drop-offs and pickups of dogs shall be limited to the hours between 8:00 a.m. and 7:00 p.m., daily. 13. 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. 14. The storage of materials outside of the residence in the front yard shall be prohibited. 15. The maximum number of dogs permitted in the yard shall be no more than two at any one time between the hours of 10:00 p.m. and 7:00 a.m. All dogs shall otherwise be maintained within the commercial kennel structure with all doors and windows closed. Dogs shall be supervised when using the yard area. 16. 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:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial property Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 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 Newport Beach Municipal Code. 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 10-02-2015 Planning Commission Resolution No. 2011 Page 9 of 9 or indirectly) to City's approval of The Dog Republic including, but not limited to, Conditional Use Permit No. UP2015-043 (PA2015-199). 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. Police Department 20. 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). Building Division 21. 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. 10-02-2015