HomeMy WebLinkAbout4.0_Amore for Dogs_PA2021-217
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 12, 2022
Agenda Item No. 4
SUBJECT: Amore for Dogs (PA2021-217)
▪ Conditional Use Permit No. UP2021-034
SITE LOCATION: 20332 Riverside Drive
APPLICANT /
OWNER: Amore for Dogs
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@newportbeach.gov
PROJECT SUMMARY
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 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, demolition of an unpermitted detached
structure, remodel of a pool, and other accessory yard improvements.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
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) and that
the exceptions to the Class 3 exemption do not apply; and
3) Adopt Resolution No. PC2022-010 approving Conditional Use Permit No. UP2021-
034 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Single-Unit Residential
Detached (RS-D)
Santa Ana Heights
Specific Plan - Residential
Kennel (SP-7/RK)
Residential Kennel
NORTH, WEST RS-D SP-7/RK Single-family residences and
commercial kennels
EAST RS-D
Santa Ana Heights
Specific Plan – Residential
Single-Family/
Commercial Nursery
Overlay (N)
Single-family residences and
commercial nurseries
SOUTH RM
Santa Ana Heights
Specific Plan – Residential
Multiple Family (SP-7,
RMF)
Multi-family apartments
Subject
Property
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INTRODUCTION
Project Setting
The project site is in the western portion of the Santa Ana Heights Specific Plan area with
Orchard Drive to the north and Irvine Avenue to the east. 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. The site was originally
developed in 1955, and currently contains a 1,327-square-foot single-family residence
with commercial kennel facilities (i.e., a “residential kennel”). An unpermitted detached
structure that did not comply with the development standards for accessory structures
was removed last year from the rear yard of the property.
The adjacent properties to the north and east are developed with single-family residences
with accessory commercial kennels. To the west, the property is a single-family
residence. To the southeast, the property is within the Commercial Nursery (N) Overlay
and is developed with a single-family residence. To the south, the properties are
developed with multi-family apartments.
Background - A Neighborhood of Residential Kennels
On March 11, 2003, City Council initiated the process to annex the subject area as part
of West Santa Ana Heights from the County, which became effective on January 1, 2008.
The City adopted Zoning regulations reflective of the County’s Santa Ana Heights Specific
Area Plan with little or no change. The entire cul-de-sac of Riverside Drive south of
Orchard Avenue was designated Residential Kennel (RK) at the time, which is consistent
with the current Zoning.
The SP-7 RK Zoning District is intended to develop and maintain a neighborhood which
includes residential kennels. Residential kennels maintain a single-family residence while
operating an accessory commercial kennel business1 on-site. There are presently 12
commercial kennels operating in the Zoning district out of a total of 18 lots. These are
depicted in Figure 1 below. The commercial kennel aspect of these properties functions
similar to a typical business. They have hours of operation, customers who visit to drop
off and pick up animals, and employees for administration and animal keeping.
Development standards for residential kennels include compliance with accessibility and
off-street customer parking requirements as well.
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),
1 A commercial kennel is defined as a place where dogs and cats are treated, conditioned, boarded,
raised, or offered for sale for any form of compensation.
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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.
Figure 1, An aerial view showing the existing context of the vicinity and residential kennel
district (SP-7, RK). Dog graphic denotes an active kennel permit. Note the prior use of the
subject property was a residential kennel.
Project Description
The Applicant requests approval of a conditional use permit to renovate the existing
residential kennel and to operate an accessory dog rescue in conjunction with the single-
family residence. The on-site improvements include the following:
1.Demolition of existing detached accessory kennels;
2.Installation of seven 60-square-foot prefabricated kennels (totaling 420
square feet);3.Convert an existing detached 504-square-foot kennel structure to a dog
wash and laundry building;
4.Remodel of the existing 1,312-square-foot single-family residence and
office area;5.A reduction in parking for the residential use; and
RSF with Commercial
Nursery Overlay
Residential Single
Family (RSF)
Subject
Property
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6. Demolition of an unpermitted detached structure, remodel of a pool,
and other accessory yard improvements.
As proposed, the small-scale 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 live on-site to
address potential nuisances in the unexpected event they should occur. The project
would not be open to the public without a prior appointment. As conditioned in the draft
resolution, the facility would not operate as a veterinary clinic, nor will medical services
be provided to the public. The Applicant’s project is available for reference as Attachment
No. PC 2. Project plans are available as Attachment No. PC 4.
Analysis
General Plan
The subject property is located within the Single-Unit Residential Detached (RS-D)
category of the General Plan Land Use Element. The RS-D category applies 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
commercial operations are not allowed on similar properties elsewhere, the RK
designation for the properties along this block of Riverside Drive allowing commercial
kennels has been determined consistent with the General Plan, as the single-family
residential use is maintained and neighboring uses can be protected through the
Conditional Use Permit process.
Zoning Code
The subject property is located within the Residential Kennel (RK) District of the Santa
Ana Heights Specific Plan Area (SP-7) Zoning District. The purpose of this Zoning District
is to provide for the development of a neighborhood that maintains single-family
residences as the primary uses with accessory in commercial kennels.
Pursuant to Zoning Code Section 20.90.070(B)(3), a commercial kennel is a permitted
use when operated in conjunction with a single-family residence subject to the approval
of a conditional use permit. An application for a conditional use permit is subject to review
by the Planning Commission, which may approve or conditionally approve the project if
facts are found to make the findings required for approval. As proposed and conditioned,
the residence and proposed kennel operation will be consistent with the purpose and
intent of the RK District.
Specific to the design of the proposed project, Zoning Code Section 20.90.070(F)
(Residential Kennel District: SP-7 (RK) – Development Standards) lists the required site
development standards for kennel facilities. The new prefabricated kennels and
converted detached laundry/dog wash building will comply with the locational standards
since it will not be located within the right-of-way, within a required setback, nor will it be
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within the front 50 feet of the property. A remodel of the existing single-family residential
structure and office area is also proposed. The driveway will be altered to allow increased
clearance for an accessible parking space required by the Building Code for compliance
with the Americans with Disabilities Act of 1990 (ADA). Existing access to the site from
Riverside Drive will not be modified as part of this project. Instead, it will be improved
such that it complies with the current Codes. All the project’s proposed structures follow
the development standards of the RK District, including setbacks for dog kennels, allowed
accessory structures, and height limits.
Acoustical Analysis
Zoning Code Section 20.90.070(G) (Residential Kennel District: SP-7 (RK) – Special
Regulations) requires an acoustical analysis report be prepared in conjunction with a new
commercial kennel. The Applicant retained BridgeNet to prepare an acoustical report on
December 27, 2021 (Attachment No. PC 3). This report concluded that the proposed
project will have a negligible impact on the existing ambient noise in the neighborhood
that includes barking dogs and further identified recommended measures for noise
reduction. These measures include limiting the number of dogs outside to a maximum of
ten (10), which is Condition of Approval No. 14.
Reduction of Code Required Parking
Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one
parking space for every 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 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
existing three-car driveway will be improved to accommodate two parking spaces in
tandem and one accessible space compliant with Americans with Disabilities Act (ADA)
requirements. The tandem parking spaces will be used and managed in 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.
The Applicant requests to waive a total of two parking spaces for the residence under
Zoning Code Section 20.40.110(B)(1) (Adjustments to Off-Street Parking Requirements
–Reduced Parking Demand). The Code-required two-car garage for the residence and
additional parking space were not provided with the original 1955 home and 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. 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
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almost entirely reliant on public street parking. Customers visit by appointment only and
will not spend a significant amount of time at the site, and generally leave their dogs for
more than one day. 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.
Staff believes adequate on-street parking exists to accommodate the proposed kennel as
discussed below. It should also be noted that the proposed project is the third processed
under the City’s jurisdiction since 2015, and that it will be the third ADA-compliant
commercial kennel in the neighborhood, following The Dog Republic (20281 Riverside
Drive) and the City’s public animal shelter (20282 Riverside Drive). Other existing
residential kennel operators were approved by the County prior to annexation and are
regulated under City of Newport Beach Animal Control Operators licenses.
Given that the amount of required parking cannot feasibly be provided on-site, the
Applicant also requests a reduction of the required off-street parking. Pursuant to Zoning
Code Section 20.40.110(B)(1) (Adjustments to Off-Street Parking Requirements –
Reduced Parking Demand), required off-street parking may be reduced with the approval
of a conditional use permit in compliance with the following:
a.The Applicant has provided sufficient data, including a parking study if required by
the Director, to indicate that parking demand will be less than the required number
of spaces or that other parking is available (e.g., City parking lot located nearby,
on-street parking available, greater than normal walk-in trade, mixed-use
development); and
b.A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
In this particular case, the Director has determined a parking study is not necessary given
the discussions with the Applicant and the existing operation of kennels at the site and in
the neighborhood. Most customers would use the on-street public parking and are
generally only on-site for a short amount of time. Furthermore, the project would only see
the public by appointment only, which should limit the number of customer trips to the
site. A condition of approval has been included in the draft resolution to help ensure this
is part of future operations for any operator.
Given the simplicity of the parking arrangement, the Parking Management Plan is as
follows:
1)Limit the number of employees on-site at any time to three;
2)Require customer visits be by appointment only;
3)Require the tandem parking space farthest from Riverside Drive not to be used
by customers.
4)to be used for employee or residential purposes only;
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5)Limit drop-off and pickups to between 8 a.m. and 7 p.m.; and
6)Ensure there are no obstructions to on-street parking in front of the property.
Staff believes the stated limitations in the Parking Management Plan will adequately
regulate the operations to ensure compatibility with the surrounding neighborhood.
Operator’s Permit
Pursuant to Chapter 7.35 (Regulation of Kennels) of the NBMC, no person shall operate
a kennel within the City without first obtaining an operator’s permit issued by the Chief of
Police. The Operator’s Permit is specific to the operator and will provide an additional
enforcement tool should this Conditional Use Permit be approved.
The Operator’s Permit will help to provide for safe and clean housing of the animals.
Additional operational conditions of approval have also been placed on the project to help
ensure general cleanliness and compatibility with the surrounding community including a
limitation on the hours for drop-offs and pick-ups, a limitation on the number of employees,
a prohibition on storage of materials within the residence, or outside in the front yard, as
well as requirements for proper drainage and sanitation.
It should be noted that most of the surrounding kennels have operator’s permits that have
historically allowed up to a maximum of 59 dogs per license as the prior County approvals
either placed a higher limitation or no limitation at all on the operations. The Applicant’s
proposal of 29 dogs is below the range allowed to other operators.
Use Permit Findings
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits – Findings and Decision), the Planning Commission must make the following
findings for approval for a conditional use permit:
1.The use is consistent with the General Plan and any applicable specific plan.
2.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
3.The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4.The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
5.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
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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.
The proposed project will establish an accessory, small-scale, appointment-based dog
rescue use on a property developed with a single-family residence and accessory
commercial kennel. The residential use will be maintained as the principal use of the
property. The parking waiver and Parking Management Plan are acceptable due to the
practical difficulty associated with providing Code-compliant parking and the nature of the
use. Kennels and other accessory commercial structures would comply with the
development standards of the RK SP-7 Zoning District.
Staff believes the use is consistent with the purpose and intent of the SP-7 RK District.
Further staff believes the findings for approval can be made and facts in support of the
required findings are presented in the Draft Resolution for approval (Attachment No. PC
1).
Alternatives
Staff recommends approval as proposed based on the facts to support the required
findings provided and the associated conditions of approval. The following alternative
actions are available to the Commission:
1.The Planning Commission may find the use not consistent with purpose and intent
of the SP-7 RK District. If this determination were made, the application cannot be
approved and should be denied. Staff would recommend a continuance to prepare
a resolution reflecting this denial; or
2.The Planning Commission may suggest physical design or operational specific
changes to the project to alleviate any concerns. If any requested changes are
substantial, the Planning Commission should continue the item to a future meeting
to allow the Applicant to address the issues through a redesign or additional
analysis.
Environmental Review
The project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of
Small Structures). 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 remodel and partial conversion of an existing single-family residence to
allow for the construction and operation of an approximately 1,565-square-foot, single-
story facility and 755-square-foot kennel for up to 29 dogs. This use is consistent with the
exemptions authorized under the Class 3 exemption.
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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.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the Applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
_____________________________
Benjamin M. Zdeba, AICP
Senior Planner
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Applicant’s Project Description and Justification
PC 3 Acoustical Analysis Report by BridgeNet
PC 4 Project Plans
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Attachment No. PC 1
Draft Resolution
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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).
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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.
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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
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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.
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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.
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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
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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.
2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2021-034, subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. 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 NBMC.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF MAY, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lee Lowrey, Chairman
BY:_________________________
Curtis Ellmore, Secretary
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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.
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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 10 p.m. and 7 a.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.
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Planning Commission Resolution No. PC2022-010
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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.
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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.
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Attachment No. PC 2
Applicant’s Project Description and
Justification
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PROJECT DESCRIPTION
This Facility is a Non-Profit 501 (c) (3) Dog Rescue only. Dogs will be rescued on a very small scale,
Vaccinations updated prior to rescue, cared for their Medical Needs by a Mobile Vet, Groomed,
Rehabilitated, Trained if necessary, and Boarded until adopted. Previous owner of this Facility was
performing the same services. We have obtained a City of Newport Beach Kennel License. We will Fully
Abide by all regulations in place per Chapter 20.90.070 Residential Kennel District: SP-7 (RK).
The City of Newport Beach has previously approved a Commercial Kennel Permit of 29 dogs and we will
adhere to all requirements set forth by the City of Newport Beach Municipal Code Chapter 7.35. We will
provide access to Animal Control and Police at any time on the property for investigation and/or inspection.
We will ensure that all animals have been fully vaccinated and show proof upon request of an Animal Control
Officer. We will pick up dog waste daily and flush to sewer. All urine will be washed into Home Sewage drain
system only on a daily basis.
Grooming Services are for the Boarded Animals Only and WILL NOT be available to the general public.
This property is located at the end of the Cul-De-Sac that has been designated for Residential Kennels and
includes the City of Newport Beach Animal Control Headquarters located 2 properties away from this
location. Twelve(12) out of the Sixteen(16) houses on this Cul-De-Sac have permits to run Dog Day Care,
Dog Training, and Dog Walking. We will be performing a much less impactful or invasive service of rescuing
and rehabilitation of dogs. Much less traffic to our location will take place than all of the other homes.
Amore for Dogs Official Mission Statement:
At Amore for Dogs, our mission has evolved over time to accurately reflect what we’re working to accomplish.
A better and beautiful life for the dogs we have come to dearly care for. Amore for Dogs goals include: to
promote and provide the medical, training and housing for these special friends of ours, to build a community
where people value animals and treat them with respect and kindness and to provide a beautiful forever life.
At the heart of every animal welfare success story are two things: first, the incredible compassion of the
people (like you!) who made it happen, and second, an inspiring mission that united those people in the first
place. Our dream is to succeed with these goals so our fur friends can benefit from the success, we will all
win in the end!
The Property Includes the following:
1. EXISTING - Main House (1321sf) – Used for Owner and Employee Sleeping, Resting, Restrooms,
Office, Kitchen, Dining, small dogs, and Lobby for Adoption. Guests by appointment, only after they
have been vetted as a good fit for the dog.
EXISTING - Dog Wash/Laundry (512sf) - To be used for Quarantine, Dog Wash and Grooming
Rescue Dogs only, Waste disposal, Laundry, Medical Examinations, Dog Food and Supplies.
EXISTING – Unpermitted Barn Storage – (329sf) - To be demolished on separate permit per City
of Newport Beach Guidelines.
NEW PREFAB KENNEL BUILDINGS FOR LARGE DOGS : (7) - 6’ x 10’ x 7’-11” Kennel
Structures.
These are prefabricated by Horizon Structures and will be shipped assembled and rolled into
backyard. (see positions and Floorplans/Specs on plans)
2. 29 dogs maximum per City of Newport Beach Requirements
3. Hours of operation – Owner or Permanent Resident will be on-site 24hrs per day.
Visitor Appt hrs. 8am to 6pm only after thorough vetting and anticipate once per week on average.
4. Site has been cleared of all dilapidated fencing, cages, kennels, temporary shade structures,
artificial grass and concrete. New Concrete patios and Artificial Grass for Dog Play, and Fencing
will be added per plans. All Backyard Dog Access areas will have Drain system into Home Sewer.
Items that have been permitted: 1.) Main House Remodel 2.) Backyard Pool for Dog Rehab.
Permits to be issued: A.) Existing Laundry/Quarantine area/Storage Room/Exterior Dog Wash
and Grooming.
B.) Prefab Kennel Buildings (7) - 6’x10’x7’-11”
5. Existing Rear Wall is 10ft. High Block as existing with retaining walls-30” High and platforms at 30”
Deep.
Existing North Side wall is 6ft. High Block with Lattice extension to 8ft.
Existing South Side wall is 6ft. High Block – (28lf) then a 6ft. x (95lf) Solid Vinyl to rear of property.
In Conclusion, this Facility will be doing a much needed service to help dogs in distress and save
them from being euthanized. The Facility will be Non-Profit who’s main purpose is to save dogs
and rehabilitate as necessary. This Facility will be less impactful than the previous owner had in
place or the surrounding properties. We are asking to make updates and improvements to make
this mission successful.
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Attachment No. PC 3
Acoustical Analysis Report Prepared by
BridgeNet, dated December 27, 2022
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The Wolff Company 1
Report#2019-XXX
Report #219-5071-B
December 27, 2021
Noise Analysis
for Amore Dog Haven
20332 Riverside Drive
Newport Beach, California
Prepared for: Amore for Dogs
15922 Pacific Coast Highway
Huntington Beach, CA 92649
Mike Holritz, INCE
20201 SW Birch Street, Suite 150
Newport Beach, CA 92660
714-272-2302
Mike.Holritz@BridgeNet.us
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Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 2
1.0 Definitions
• Noise is undesired sound.
• Sound is defined as vibrations traveling through the air or another medium that can be heard when they reach the ear. • Decibel (dB) is a unit used to measure the level of a sound by comparing it with a given
reference level on a logarithmic scale. One decibel equals 10 times the common logarithm
of the power ratio. • “A-Weighting” is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear.
• Lmax is the highest instantaneous sound pressure level during a specific time period. • Leq (Equivalent Noise Level) is the “energy” average noise level during the time period of the sample. Leq can be measured for any time period, but is commonly measured for 1 hour.
It is the energy sum of all the event and background noise levels that occur during the
measurement period, divided by the duration of the measurement period. 2.0 Introduction
A dog rescue and adoption facility is being planned as an accessory use to the existing residence
at 20332 Riverside Drive in Newport Beach. The project consists of operating an accessory dog rescue and constructing a new 512 square foot dog wash/laundry building and seven (7) 60-square-foot prefabricated kennels. The proposed project will house a maximum of twenty nine (29) dogs at capacity. During the daytime (7 a.m. to 10 p.m.), 10 dogs may be allowed in the
outdoor portions of the kennels and in the play areas. During the nighttime (10 p.m. to 7 a.m.),
the dogs are expected to be housed inside the enclosed kennels. Noise from dogs at the project site may impact the residential areas to the southwest (Newport Bay Terrace apartments at 1661 Mesa Drive, and Village Heights apartments at 1621 Mesa
Drive) and one residence to the southeast (20351 Kline Drive). The purpose of this report is to
determine any mitigation measures needed in order for the project to meet the City of Newport Beach Noise Ordinance limits at these areas. Adjacent parcels on Riverside Drive are presently dog kennels and similar uses, and would not be expected to be impacted by noise from dogs at the Amore Dog Haven facility.
Figure 1 shows the location of the project. A street map with the project and the surrounding area is shown in Figure 2. An aerial map with the project and the surrounding area is shown in Figure 3. The project site plan is shown in Figure 4. For more detailed information, refer to the full-size plans included with the project submittal package.
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Noise Analysis Amore Dog Haven, Newport Beach
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Figure 1 – Project Location
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Noise Analysis Amore Dog Haven, Newport Beach
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Figure 2 – Street Map with Project and Surrounding Area
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Noise Analysis Amore Dog Haven, Newport Beach
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Figure 3 – Existing Aerial Map with Project and Surrounding Area
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Noise Analysis Amore Dog Haven, Newport Beach
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Figure 4 – Site Plan
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Noise Analysis Amore Dog Haven, Newport Beach
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3.0 City Noise Ordinance
3.1 Ordinance Limits
The City of Newport Beach Noise Ordinance specifies noise level limits at adjacent residential areas for this type of project. The exterior limits are contained in Section 10.26.025, and the interior limits are contained in Section 10.26.030. The noise level limits are summarized below in Table 1.
Table 1
NEWPORT BEACH RESIDENTIAL NOISE ORDINANCE LIMITS ___________________________________________________________________ Daytime Nighttime Metric (7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.)
___________________________________________________________________
Exterior Areas 15-minute Leq (Average Level) 55 dBA 50 dBA
Lmax (Highest Level) 75 dBA 70 dBA Interior Areas
15-minute Leq (Average Level) 45 dBA 40 dBA
Lmax (Highest Level) 65 dBA 60 dBA ___________________________________________________________________
3.2 Adjustment for Existing Conditions
The ordinance provides for an upwards adjustment to be made to these values if the existing ambient levels already exceed these limits. The ordinance states that if the measured ambient levels exceed the ordinance limits, then the ambient level becomes the limit.
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Noise Analysis Amore Dog Haven, Newport Beach
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3.3 Ambient Measurements
Ambient measurements were performed at the Village Heights residential area (1621 Mesa
Drive) in order to determine the existing noise levels in the vicinity of the project. The
measurements were performed in the parking lot at the northeast end of Lange Drive (just southwest of the planned Amore Dog Haven project). The measured ambient noise levels measured at this location represent the existing ambient noise levels at both of the residential areas near the project site during daytime hours.
The noise monitor used to measure the ambient noise levels was a Brüel & Kjær Type 2250 Sound Level Meter. The meter is an ANSI Type 1 systems, which are the highest quality meters available for field measurements. The measurement system was calibrated before and after the measurements with a Brüel & Kjær Type 4231 sound level calibrator, with current calibration
traceable to the National Institute of Standards and Technology. The microphone height was 5’.
A windscreen was used during the measurements. Weather conditions were mild, and did not affect the results. Two sets of fifteen-minute ambient measurements were made on August 6, 2021. The first
measurements were between 12:01 p.m. and 12:23 p.m. The second measurements were
between 7:35 p.m. and 7:55 p.m. Jet aircraft overflight events were noted for reference purposes, but paused out of the measurements so as not to influence the measured values. (The Lmax levels for jet aircraft events ranged from 78 dBA to 86 dBA). The ambient measurement results are presented in Table 2. Datasheets and site photos are included in the Appendix.
The noise levels below represent two fifteen-minute periods without jet aircraft events, one mid-day and one early evening. The levels in Table 2 are due to dogs barking in adjacent areas, car passes and neighborhood noise. Table 2 RESULTS OF AMBIENT NOISE LEVEL MEASUREMENTS (dBA) _________________________________________________________________________ Measured Lmax Measured Leq
Time Period Noise Level Noise Level
_________________________________________________________________________ 12:01 p.m. to 12:23 p.m. 60.0 52.5 7:35 p.m. to 7:55 p.m. 57.0 36.3
_________________________________________________________________________
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Noise Analysis Amore Dog Haven, Newport Beach
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3.4 Noise Ordinance Limit Adjustment
Although the Noise Ordinance allows for the noise standards to be adjusted upwards for existing
ambient conditions, we are not including any such adjustment in this analysis. While jet
overflights are loud and frequent, there can be long periods of time (longer than 15 minutes) with no jet events, and the Lmax and Leq Noise Ordinance limits should be met during these periods. It will be demonstrated that the project meets the Noise Ordinance without any such upwards adjustment to the limits.
4.0 Dog Noise
4.1 Dog Noise Level Measurements
Measurements of dog barking noise levels were conducted at the existing dog housing facility at 20301 Riverside Drive. During the measurements, six medium to large-sized dogs were in the
front yard area and barking fairly consistently. The noise monitor used to measure the dog noise levels was a Brüel & Kjær Type 2250 Sound Level Meter. The meter is an ANSI Type 1 systems, which are the highest quality meters available for field measurements. The measurement system was calibrated before and after the
measurements with a Brüel & Kjær Type 4231 sound level calibrator, with current calibration traceable to the National Institute of Standards and Technology. A windscreen was used during the measurements. Weather conditions were mild, and did not affect the results. A seven-minute measurement was made on August 6, 2021. The measurements were performed
from 1:51 p.m. to 1:58 p.m. The dogs were taken inside at that point, so no further measurements could be made. The dogs were between 2 feet and 10 feet from the microphone. The results of the measurements are shown below in Table 3. Datasheets and site photos are included in the Appendix. Table 3 RESULTS OF DOG BARKING NOISE LEVEL MEASUREMENTS (dBA) _________________________________________________________________________ Measured Lmax Measured Leq
Time Period Noise Level Noise Level _________________________________________________________________________ 1:51 p.m. to 1:58 p.m. 84.0 69.4 _________________________________________________________________________
The noise levels above represent a typical time period with consistent dog barking. The reference Leq level is for six dogs at an average distance of 4 feet from the microphone. The reference Lmax level is for a single dog at a distance of 2 feet from the microphone.
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Noise Analysis Amore Dog Haven, Newport Beach
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4.2 Projected Dog Noise Levels
The measured reference noise levels presented above were used to project the noise levels that
would be expected at the residential areas adjacent to the Amore Dog Haven facility. The
project is limited to a maximum of 29 dogs on site. The Conditions of Approval will limit the maximum number of dogs to be allowed outside at any given time to 10 dogs. The measured levels presented in Table 3 are for 6 dogs. A mathematical adjustment was made to the Leq levels to account for this increase in the number of dogs. For 10 dogs, the projected Leq
reference noise level is 71.6 dBA at a distance of 4 feet. (The Lmax level is an instantaneous
maximum, and therefore, an increase in the number of dogs would not be expected to change the Lmax level). The most critical locations for dog barking to impact the adjacent residential areas would be at
the turf areas or the pool area at the Amore Dog Haven facility. At these areas, the location of
the dogs can vary, but a distance of 20 feet from the rear edge of the facility would be reasonable. Therefore, this was used as the location of the noise source. 2 feet was used as the source height for the dog barking noise.
There are existing noise barriers (masonry) along the rear property line of the Amore Dog Haven facility. The barrier heights are approximately 8.5’ and 10.6’ as measured from the Amore Dog Haven side. Calculations show that at the Newport Bay Terrace area, the existing 8.5-foot high noise barrier is projected to provide a noise reduction of 16.8 dBA for an observer at ground level, one foot behind the barrier. Calculations show that at the at the Village Heights area, the
existing 10.6-foot high noise barrier is projected to provide a noise reduction of 17.6 dBA for an observer at ground level, one foot behind the barrier. The existing 10.6-foot high noise barrier is projected to provide a noise reduction of 11.0 dBA for an observer at the nearest Village Heights second floor balcony (approximately 50 feet behind the barrier).
To allow for variables and provide safety margin in the noise analysis, less barrier noise reduction was assumed. The barrier noise reduction used at ground-floor Newport Bay Terrace and Village Heights areas was 12 dBA. The barrier noise reduction used at the balcony observer at Village Heights was 10 dBA.
Based on the number of dogs, distances, and the effect of these existing noise barriers, the
exterior noise levels that would be expected at all the adjacent residential areas are summarized below in Table 4. At the residence at 20351 Kline Drive, there is no noise barrier. Assuming all 10 dogs are at the
nearest turf area (a worst-case assumption), the unmitigated Lmax and Leq noise levels at this
location are also shown in Table 4.
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Noise Analysis Amore Dog Haven, Newport Beach
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Table 4 PROJECTED NOISE LEVELS AT ADJACENT RESIDENTIAL AREAS (dBA) ______________________________________________________________________________ Projected Lmax Projected Leq
Location Noise Level Noise Level ______________________________________________________________________________ Newport Bay Terrace Ground level
1 foot behind noise barrier 52.0 45.6 Village Heights Ground level 1 foot behind noise barrier 52.0 45.6
Village Heights Nearest second floor balcony 50 feet behind noise barrier 43.1 36.7
20351 Kline Drive Ground level 1 foot behind property line 54.5 48.1 Noise Ordinance Limit (night) 70 50
______________________________________________________________________________
The results in Table 4 show that the noise levels are lower than the City’s exterior nighttime (and therefore also daytime) Noise Ordinance limits with the existing noise barriers in place.
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Noise Analysis Amore Dog Haven, Newport Beach
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The projected increases in noise levels over the existing ambient levels are shown in Table 5. These values include several worst-case assumptions (e.g., all dogs at closest area, all dogs
barking as often as was experienced during the reference measurements, no aircraft or other
substantial events included). The actual increases are expected to be less.
Table 5 PROJECTED NOISE LEVEL INCREASES AT ADJACENT RESIDENTIAL AREAS (dBA) ______________________________________________________________________________ Ambient Project Dog Combined
Location Level Noise Level Noise Level Increase ______________________________________________________________________________ Newport Bay Terrace Lmax 57.0 52.0 58.2 1.2
Leq 36.3 45.6 46.1 9.8 Village Heights Lmax 57.0 52.0 58.2 1.2 Leq 36.3 45.6 46.1 9.8
Village Heights balcony Lmax 57.0 43.1 57.2 0.2 Leq 36.3 36.7 39.5 3.2 20351 Kline Drive Lmax 57.0 54.5 58.9 1.9 Leq 36.3 48.1 48.4 12.1 ______________________________________________________________________________
We are not aware of any City noise standard that specifies a maximum allowable increase over ambient noise levels. The noise level increases over existing ambient are provided above for informational purposes only. The total noise levels are projected to increase by up to 12.1 dBA with the project. However, the
noise levels due to the project are below the City’s Noise Ordinance limits.
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Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 13
5.0 Summary
The number of dogs to be allowed outside at any given time should be limited to 10 dogs. This
should be a part of the Conditions of Approval for the project. The analysis shows that the noise
levels from 10 dogs barking in the closest areas (the turf areas or the pool area) of the Amore Dog Haven facility are projected to meet the City’s exterior nighttime (and daytime) Noise Ordinance limits with the existing noise barriers in place. No further mitigation is needed.
Other areas where dogs will be kept include the quarantine kennels and dog wash building, the 6
kennels near the east edge of the project, the 7th kennel near the center of the site, and the main residential building. These areas are significantly farther than the turf areas and the pool area, and therefore, based on distance alone, the noise levels from dogs at these locations are also projected to meet the Noise Ordinance limits. At the dog wash building and the main residential
building, the dogs would be inside, so the building would provide substantial noise reduction,
further lowering the noise levels. It is expected that the dog wash building and the main residential building will provide at least 20 dB of noise reduction. Therefore, the noise from dogs inside these buildings will be far below the City’s Noise Ordinance limits.
The daytime exterior noise level limits are 10 dB higher than the nighttime exterior limits.
Therefore, compliance with the nighttime exterior limits also results in compliance with the daytime exterior limits. It should be noted that the dogs are expected to be inside during nighttime hours.
The interior noise level limits are 10 dB lower than the exterior limits. The buildings at adjacent
residential areas where the receptors are located will provide at least 12 dB of noise reduction with windows open. Therefore, compliance with the exterior limits also results in compliance with the interior limits.
6.0 Recommendations and Conclusions
• The number of dogs to be allowed outside at any given time should be limited to 10 dogs. This should be a part of the Conditions of Approval for the project.
• The enclosed portion of the kennels (with the door closed) should be designed to provide at least 10 dB noise reduction. This requires solid walls, a solid roof, and solid doors with a tight-fitting perimeter. Small vents to provide fresh air are acceptable. The vents should be oriented away from the noise-sensitive areas when possible.
• We do not see any readily available changes to the project design that would result in a significant noise reduction to the noise levels at adjacent properties. Therefore, we are not recommending any design revisions.
45
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 14
APPENDIX
Barrier Noise Reduction Calculations
46
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 15
Noise Level Calculations
47
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 16
Ambient Measurement Data Sheet
48
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 17
Ambient Measurement Photos
49
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 18
Dog Reference Noise Measurement Data Sheet
50
Noise Analysis Amore Dog Haven, Newport Beach
Report#219-5071-B 19
Dog Reference Noise Measurement Photos
51
INTENTIONALLY BLANK PAGE52
Attachment No. PC 4
Project Plans
53
INTENTIONALLY BLANK PAGE54
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From: Susan Doan <susan.doan80@outlook.com>
Sent: May 09, 2022 3:34 PM
To: Achis, Patrick <PAchis@newportbeachca.gov>
Subject: PA2021-217/Amore for Dogs
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
In response to request for expansion:
I’ve appeared before the planning commission regarding the kennels on Riverside Drive.
Again, I am begging you NOT to permit any expansion to or for any of the kennels on Riverside drive.
NONE of you live next door to or near these 16 kennels…with up to 50 dogs crammed into each
location.
You do not have to tolerate the smells, fleas, and 100’s of dogs crossing your property daily. Dogs
pooping and urinating in your yard.
NOT to mention the bags of dog poop in your yard or trash cans.
The most painful of all is the abuse of the dogs…yelping and howling at all hours…24/7. Those poor
dogs are left outside in ALL weather condition..90 plus degree heat and rain.
One more thing…the dog walkers have stolen mail from my mail box only to be found on the
grounds on Riverside Drive. The walkers are loud, and disrespectful.
I have a unit on my property and am unable to rent the unit because of the constant barking. I NEED
the income to support myself.
Lastly…there is a City park at the end of Orchard drive. These dogs could uses that park!! But you
have forbidden the use of the park for the dogs. Shame on you.
PLEASE STOP the expansion of any and all kennels…and stop allowing up to 50 dogs a day in the 16
kennels..that could be up to 800 dogs a day. It’s criminal and immoral.
Thank you.
Kind Regards,
Susan Doan
1624 Orchard Drive
Newport Beach, Ca
949-331-7517
Planning Commission - May 12, 2022 Item No. 4a - Additional Materials Received Amore for Dogs (PA2021-217)
Amore for Dogs
CUP 20332 Riverside Drive
Planning
Commission
Public Hearing
May 12, 2022
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Aerial Map
Community Development Department -
Planning Division 2
Newport
Beach Golf
CourseNewport Beach
Golf Course
Santa Ana
Country Club
SR-73
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
RK District and Surrounding Uses
Community Development Department -
Planning Division 3
Cliff Haven
Single-Family Zone
Balboa Bay Club
Planned Community
The Bluffs Shopping Center
Newport North Shopping Center
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Proposed ProjectCommunity Development Department -
Planning Division 4
Install 7 Kennels
(420 s.f.)
Convert (e) kennels to
Dog Wash/Laundry
(504 s.f.)
Remodel (e) Single-
Family Residence
Reconfigure driveway
(total of 3 spaces,
including 1 ADA)
Demolish
unpermitted structure
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Operational Characteristics
•Home with Dog Rescue
•Owner/Manager -present at all times
•Appointment only; no walk-ins
•Business hours –8am to 7pm
•Maximum 29 dogs
•Sound compliant
•Parking on-site
•Tandem + new ADA stall (3 total)
Community Development Department -
Planning Division 5
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Community Development Department -
Planning Division 6
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
RK District and Surrounding Uses
Community Development Department -
Planning Division 3
Cliff Haven
Single-Family Zone
Balboa Bay Club
Planned Community
The Bluffs Shopping Center
Newport North Shopping Center
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Community Development Department -
Planning Division 8
Site Use Residence?Existing
Kennel?
Max.
Dogs
Hours Parking
Waived?
Appt.
Based?
Subject
Property
Dog
Rescue
YES YES 29 8 a.m. –
7 p.m.
YES YES
Dog
Republic
Dog
Boarding
YES NO 29 8 a.m. –
7 p.m.
YES NO
FONBAS Public
Animal
Shelter
NO YES 29 8 a.m. –
7 p.m.
NO YES
Comparison of Project with Previous City Approvals
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Community Development Department -
Planning Division 9
Complaints and Code-Related Investigations for Riverside Drive
Since 2021
•5 Code Enforcement Cases
o 3 parking-related
o 2 construction practices
(at subject property)
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
CUP Findings
•Consistent with General Plan and Zoning
•Compatible with nearby uses
•Physically suitable for development
•Not detrimental
Community Development Department -
Planning Division 10
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Conditions of Approval
Community Development Department -
Planning Division 11
•Substantial Conformance (No. 1)
•Parking Management Plan Compliance (No. 8)
•Number of employees,
appointments only, and hours of operations (Nos. 9 & 11)
•Maximum of 29 dogs (No. 10)
•Maximum number of 10 dogs outdoors (No. 14)
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
Recommended Action
•Conduct a public hearing
•Find project exempt from CEQA (Class 3 New Construction)
•Adopt Resolution No. PC2022-010 approving Conditional Use
Permit No. UP2021-217
Community Development Department -
Planning Division 12
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
For more information contact
Questions?
Patrick Achis, Assistant Planner
949-644-3237
pachis@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -
Planning Division 13
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)
14
Questions and Discussion
Patrick Achis, Assistant Planner
pachis@newportbeachca.gov, 949-644-3237
Planning Commission
May 12, 2022
Planning Commission - May 12, 2022 Item No. 4b - Additional Materilas Presented at Meeting by Staff Amore for Dogs (PA2021-217)