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Home My WebLink About3.0_Sit Means Sit for Dogs Commercial Kennel_PA2022-132 CITY OF NEWPORT BEACH PLANNING COMISSION STAFF REPORT February 23, 2023 Agenda Item No. 3 SUBJECT: Sit Means Sit for Dogs Commercial Kennel (PA2022-132) ▪ Conditional Use Permit and Lot Merger SITE LOCATION: 1662 Orchard Drive APPLICANT: Hunt Enterprises Coastal, LLC Dba Sit Means Sit OWNER: Hunt Enterprises Coastal, LLC PLANNER: Melinda Whelan, Assistant Planner mwhelan@newportbeachca.gov or 949-644-3221 PROJECT SUMMARY The applicant requests a conditional use permit to establish an accessory commercial kennel operation in conjunction with an existing single-family residence. The existing single-family dwelling is currently being remodeled and would be occupied by the manager of the site. The project includes construction of a new 1,000-square-foot garage and storage structure; an approximately 833-square-foot kennel structure including 16- kennels, exterior grass training area, grooming space, food preparation area, and restroom; and a new parking area with three (3) uncovered parking spaces including one accessible space. The kennel would be operated as a board and train facility with a maximum of 16 dogs at one time. The project includes a lot merger of two contiguous lots, 1662 Orchard Drive and the unaddressed adjacent parcel (APN 439 251 10). The lots are under common ownership and historically have been used as one property. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2023-009 approving PA2022-132 for a conditional use permit and lot merger to establish a residential kennel (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 2 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) Single-family residential and vacant parcel NORTH RS-D SP-7 Residential Single Family (RSF) Single family residential SOUTH RS-D SP-7/RK Single family residence (same owner as subject property) EAST RS-D SP-7/RK and SP-7 Residential Nursery (RN) and SP-7/RSF Single family residential WEST RS-D SP-7/RK Single family residential and single family residential with accessory kennels Subject Property Subject Property Subject Property 3 INTENTIONALLY BLANK PAGE4 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 3 INTRODUCTION Project Setting The Property is located on the southeast corner of Riverside Drive and Orchard Drive. The Project site is 14,244 square feet (0.33 acres) in area and includes two contiguous lots, 1662 Orchard Drive, and the unaddressed adjacent parcel (APN 439 251 10). The site is topographically flat and developed with an approximately 1,239-square-foot single- story residence. The unaddressed lot is vacant and does not have direct access from the street. The Property is located along Riverside Drive where the majority of properties on the street have existing single-family dwellings with accessory commercial kennels. There are only a few properties in the block that do not have accessory commercial kennels and those parcels are adjacent to the east and south of the Property (20272 Riverside Drive and 1690 Orchard Drive). Across Orchard Drive and to the southeast of the Project (20271 Kline Drive and 1692 Orchard Drive), there are existing single-family residences. 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 of Orange, which became effective on January 1, 2008. The City adopted Zoning regulations reflective of the County’s Santa Ana Heights Specific Area Plan (SP-7) with little or no changes. The entire cul-de-sac of Riverside Drive south of Orchard Avenue was designated Residential Kennel (RK) by the County, which is consistent with the current Zoning (Santa Ana Heights Specific Plan- Residential Kennel). The SP-7/RK Zoning District is intended to develop and maintain a neighborhood which includes single-family residences in conjunction with commercial kennel businesses1. There are presently 12 commercial kennels operating in the Zoning district out of a total of 18 lots (see 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. 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. 5 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 4 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. Project Description The Applicant requests approval of a conditional use permit to establish a board and train kennel in conjunction with the existing single-family dwelling. The single-family residence is currently being remodeled. Proposed on-site improvements include the following: 1. An 833-square-foot kennel structure including 16-kennels, grooming area, food prep area, and Americans with Disabilities Act (ADA) compliant restroom; 2. A 1,000-square-foot garage and storage structure; 3. Exterior grass training area; and 4. A new exterior parking lot with three uncovered spaces including one accessible space. The kennel would be operated as a board and train facility with a maximum of 16 dogs at one time. The board and train facility would operate by appointment only and offer boarding with training only. The dogs would board on-site for a minimum of five days and a maximum of 20 days. The facility would offer appointments Tuesday through Friday, 3 p.m. to 7 p.m. and on Saturday, 10 a.m. to 5:30 p.m. The operator will also provide a pick- up and drop-off service for the customers. The operator or manager will be living in the existing single-family residence and will remain on-site at all times to address potential nuisances in the unexpected event they should occur. The facility would not be open to the public for walk-in visits. As conditioned in the draft resolution, the facility would not RSF with Commercial Nursery Overlay Residential Single Family (RSF) Subject Property 6 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 5 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. DISCUSSION 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 in the City, the RK designation for properties along this block of Riverside Drive allow accessory commercial kennels subject to a conditional use permit. The accessory commercial kennel has been deemed 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 (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 commercial kennels. Pursuant to NBMC 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, NBMC 20.90.070(F) (Residential Kennel District: SP-7 (RK) – Development Standards) lists the required site development standards for kennel facilities. The new kennel structure including a grooming area, food preparation and restroom; and the garage with storage structure will comply with the locational standards. For example, the proposed structures will not be located within the right-of-way, within a required setback, nor will it be within the front 50 feet of the property. A remodel of the existing single-family residential structure has been permitted and is in construction process and construction for the proposed kennel has not commenced. 7 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 6 Parking NBMC Section 20.40.040 (Off-Street Parking Spaces Required) 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 existing single-family dwelling is non-conforming because it does not provide the Zoning Code required two-car garage. The Project will add a two-car garage for the single-family dwelling in addition to the Zoning Code required parking for the commercial kennel. The areas behind the proposed garage will be improved to accommodate three uncovered parking spaces including one accessible space compliant with ADA requirements, and a turnaround area. The parking area circulation includes a turnaround area and was reviewed and conditioned by the City Traffic Engineer. Access to the site from Riverside Drive will be maintained. Acoustical Analysis NBMC 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 to assess noise impacts of the proposed operation and assure compliance with the City’s noise standards (NBMC 10.26 - Community Noise Control). The Applicant retained RK Engineering, Inc. to prepare an acoustical report dated October 21, 2021 (Attachment No. PC 3). This report concluded that the proposed project would have a negligible impact on the existing ambient noise in the neighborhood that includes barking dogs and overhead aircrafts, and identified recommended measures for noise reduction. Recommended measures include the following conditions: dogs shall be kept in the kennel building with all exterior doors closed during nighttime hours (10 p.m. to 7 a.m.), and a minimum 6-foot-high noise barrier shielding wall with entry gate behind the kennel area shall be installed and maintained to enclose the outdoor kennel area. The recommendations have been incorporated into Conditions of Approval Nos. 11 and 17 and are mandatory. To further mitigate potential noise, the Condition of Approval No. 10 limits the number of dogs utilizing the exercise area to five maximum during the hours of 9 a.m. to 7 p.m. The aforementioned conditions are intended to reduce noise at adjacent residential properties including the single-family residential uses at 1690 and 1692 Orchard Drive; and 20271 Kline Drive. 8 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 7 Figure 2, A partial site plan showing the location of required noise barrier walls and gate. 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 is renewed every three years and includes inspection by Animal Control. The Operator’s Permit will help to provide for safe and clean housing of the animals. Additional operational conditions of approval have 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 permit as the prior County approvals either placed a higher limitation or no limitation at all on the operations. The Applicant’s proposal of 16 dogs is well below the range allowed on other properties. Lot Merger and Waiver of Parcel Map Findings In accordance with Sections 19.68.030 (Lot Mergers) of the NBMC, the Planning Commission must make the following findings for approval of a lot merger: 9 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 8 1. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. 2. The lots to be merged are under common fee ownership at the time of the merger. 3. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. 4. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. 5. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. In accordance with Section 19.08.30.A.3 (Waiver of Parcel Map Requirement) of the NBMC, the Planning Commission must make the following finding to waive the parcel map requirement: 1. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed lot merger to combine two existing contiguous parcels under the same zoning district by removing the interior lot lines between them. The existing unaddressed parcel identified as APN 439 251 10 is a land locked property that is smaller than all surrounding parcels within the area. The existing unaddressed parcel does not meet the minimum lot 10 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 9 size requirements for the zoning district and is not currently accessible from the street. The consolidation of the parcels will allow the use of the land locked parcel as one compliant use with 1662 Orchard Drive and will provide legal access to the unaddressed parcel. Lastly, the lot merger will clean-up the lot lines to match historical ownership and orientation of the property. Therefore, the merger will improve the existing conditions. The Public Works Department has reviewed the proposed lot merger and has concluded it is consistent with the Subdivision Code (Title 19 of the NBMC). The lot merger will not reduce the number of residential units as lot does not have street access and is currently vacant with no existing unit. As a result there will be no reduction of units and the project is consistent with the Housing Crisis Act that does not permit the City to allow a reduction in the number of existing residential units. 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 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 board and train commercial kennel use on a property developed with a single-family residence. The residential use will be maintained as the principal use of the property. Kennels and other accessory commercial structures would comply with the development standards of the SP-7/RK Zoning District. The potential noise is adequately mitigated pursuant to the acoustical report with added noise barriers and operational conditions of approval. Additionally, the Property is in an area that allows accessory commercial uses 11 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 10 such as commercial kennels and commercial nurseries pursuant to the existing Zoning District. Staff believes the use is consistent with the purpose and intent of the SP-7 RK District and that 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 of the project based on the facts to support the required findings and the associated conditions of approval. The following alternative actions are available to the Commission: 1. The Planning Commission may suggest physical design or operational 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. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in a resolution. 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) and Class 15 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), because it has no potential to have a significant effect on the environment. 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 includes construction of a 1,000-square-foot garage and storage structure; an approximately 833-square-foot kennel structure including 16-kennels, exterior grass training area, grooming, food preparation and restroom in conjunction with an existing single-family dwelling. This use is consistent with the exemptions authorized under the Class 3 exemption. 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. Class 15 exempts lot mergers when the land is in an urbanized area, zoned residential, commercial, or industrial, the properties are in compliance with the General Plan and Zoning and no deviations are requested, all services and access to the proposed parcel 12 Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) Planning Commission, February 23, 2023 Page 11 are provided, the parcel was not involved in a division of a larger parcel within the two previous years, and the parcel does not have an average slope greater than 20 percent. The Project complies with the conditions specified above as the Properties are relatively flat, located within an urbanized area, and are zoned commercial. They are adequately served by existing utilities, legal access is provided, none of the properties have been involved in the division of a larger parcel within the last two years, and no deviations are requested. Public Notice Notice of this hearing 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: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Description and Justification PC 3 Acoustical Analysis Report by RK Engineering Group, Inc. PC 4 Project plans including Photo Simulations PC 5 Lot Merger Exhibits 13 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution with Findings and Conditions 15 INTENTIONALLY BLANK PAGE16 RESOLUTION NO. PC2023-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND LOT MERGER FOR A COMMERCIAL KENNEL LOCATED AT 1662 ORCHARD DRIVE (PA2022-132) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Cindy Hunt of Sit Means Sit (“Applicant”), concerning property located at 1662 Orchard Drive and the adjacent parcel identified as Assessor Parcel Number 439 251 10 , and legally described as portions of Lot 18 in Tract 456 (“Properties”). 2. The Applicant proposes consolidation of the Properties to create one (1) parcel and the operation of a commercial kennel which require the following approvals: • Lot Merger (“Lot Merger”) – The Lot Merger is required for the consolidation of 1662 Orchard Drive and the adjacent parcel identified as Assessor Parcel Number 439 251 10 , and legally described as portions of Lot 18 in Tract 456; • Conditional Use Permit (“Conditional Use Permit”) – The Conditional Use Permit is required to establish an accessory commercial kennel operation in conjunction with an existing single-family residence The existing single-family dwelling is currently being remodeled and would be occupied by the manager of the site. The Project includes construction of a new 1,000 square-foot garage and storage structure; an approximately 833 square-foot kennel structure including 16 kennels, exterior grass training area, grooming space, food preparation area and restroom; and a new parking area with three (3) uncovered parking spaces including one (1) accessible space. The kennel would be operated as a board and train facility with a maximum of 16 dogs at one time. (“Project”). 3. 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). 4. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 5. A public hearing was held by the Planning Commission on February 23, 2023, in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public 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 17 Planning Commission Resolution No. PC2023-009 Page 2 of 15 01-17-23 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 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction of Conversion of Small Structures) and Class 15 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of a limited number of new small facilities of structures. The Class 3 exemption applies to a single-family residence, and, in urbanized areas, applies to up to four (4) commercial buildings not exceeding 10,000 sq. feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. In this case, the Project would establish a small-scale dog kennel in conjunction with an existing single-family residence. Proposed work includes the addition of a new detached kennel structure, garage and storage structure, an accessory parking area and outdoor training area that does not exceed 10,000 square feet (3,098 square feet). The Properties are zoned RK (Residential Kennel) within the SP-7 (Santa Ana Heights Specific Plan Area) which allows the Project. 3. Class 15 exempts lot mergers when the land is in an urbanized area, zoned residential, commercial, or industrial, the properties are in compliance with the General Plan and Zoning and no deviations are requested, all services and access to the proposed parcel are provided, the parcel was not involved in a division of a larger parcel within the two (2) previous years, and the parcel does not have an average slope greater than 20 percent. The Project complies with the conditions specified above as the Properties are relatively flat, located within an urbanized area, and are zoned commercial. They are adequately served by existing utilities, legal access is provided, none of the properties have been involved in the division of a larger parcel within the last two (2) years, and no deviations are requested. 4. 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 a conditional use permit are set forth herein: 18 Planning Commission Resolution No. PC2023-009 Page 3 of 15 01-17-23 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 Properties 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 commercial kennel serving as an accessory use. 2. The Properties are located within the Santa Ana Heights Specific Plan area in the Residential Kennel District (SP-7/RK). The Project is consistent with SP-7 as commercial kennels are expressly authorized under the Residential Kennel (RK) designation. 3. Pursuant to Noise Policy N 1.1 (Noise Compatibility of New Development), 4.1 (Stationary Noise Sources), and 4.7 (Nuisances) of the General Plan, and as demonstrated in the submitted acoustical report, the Project would adhere to interior and exterior noise standards. Pursuant to Condition of Approval No. 16, 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. 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 Properties are located within the Residential Kennel District of the Santa Ana Heights Specific Plan Area (SP-7/RK). The Residential Kennel (RK) District is intended to provide for the development of a neighborhood that maintains single- family residences as primary uses with commercial kennels as an accessory use when operated to minimize potential detrimental conditions. 2. The Project will establish a board and train commercial kennel in conjunction with the existing single-family dwelling. Under Section 20.90.070(G)(1) of the NBMC, the Project requires a conditional use permit to establish the commercial kennel and related structures. An acoustical analysis report describing the noise generating potential of the Project was prepared by RK Engineering Group, Inc., dated October 21, 2021. The Project design incorporates the recommendations of the acoustical report to install a sound barrier shielding wall to mitigate noise associated with the dog kennel. 19 Planning Commission Resolution No. PC2023-009 Page 4 of 15 01-17-23 3. The proposed board and train facility would operate by appointment only and offer boarding with training only. The dogs would board on-site for a minimum five (5) days and a maximum 20 days. The facility would offer appointments Tuesday through Friday from 3 p.m. to 7 p.m. and on Saturday from 10 a.m. to 5:30 p.m. The operator will also provide a pick-up and drop-off service for the customers. A manager will be living in the existing single-family residence and will remain 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 in conjunction with the maintenance of a single-family residence on the same building site with the approval of a conditional use permit. The proposed accessory kennel will be established on a property with an existing single-family residence, which will be occupied by a manager of the board and train facility 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 859-square-foot commercial kennel building and a single-family residence; therefore, a total of five (5) parking spaces are required. The Project includes an on-site two (2)-car garage to serve the existing single-family residence and three uncovered parking spaces to serve the accessory kennel facility. The City Traffic Engineer has reviewed the parking area for the commercial and approved the circulation including the required turnaround area. 6. Animal Control of the Newport Beach Police Department has reviewed the Project and provided appropriate conditions of approval for the kennel operation. The Project is conditioned to not exceed the maximum 16 dogs and the Applicant is required to obtain approval of a Kennel Operator’s Permit from the Chief of Police in compliance with Chapter 7.35 (Regulation of Kennels) of the NBMC. 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 Properties are located on the southeast corner of Riverside Drive and Orchard Drive. The Project will establish a board and train commercial kennel on the Properties with an existing single-family residence that will remain and be occupied by the operator or manager of the kennel. 2. Properties within the vicinity of the Properties are generally developed with single- story residential structures and an intermixing of small-scale commercial buildings 20 Planning Commission Resolution No. PC2023-009 Page 5 of 15 01-17-23 primarily occupied by other kennel operations. Of the 18 properties within the RK District, 12 properties have existing kennel operations. The Project will establish the 13th residential kennel facility in conjunction with a single-family residence on Riverside Drive. 3. 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, several of the commercial kennels on Riverside Drive have operated with a maximum limitation of 59 dogs per kennel, as they were approved in the 1960s or 1970s under the County of Orange’s jurisdiction. The Project’s proposal of 16 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. 4. The Properties are located within the Residential Kennel (RK) block where the majority of the existing properties have existing single-family dwellings with accessory commercial kennels. There are only a few properties remaining that do not utilize the RK overlay and these are adjacent the Properties to the east and south (20272 Riverside Drive and 1690 Orchard Drive). Across Orchard Drive there are existing single-family properties with the SP-7 Residential Single-Family designation. To the southeast of the Project, two properties at 20271 Kline Drive and 1692 Orchard Drive are zoned SP-7 Residential Single Family (RSF) within the N (Commercial Nursery Overlay). The N Overlay allows wholesale commercial nurseries in conjunction with single family residences. The proposed grass training area of the Project and existing detached structures of the N Overlay zoned properties will serve as a buffer between the kennels and the residential properties to the rear. Dog care operations begin at 7:30 a.m. and end at 8 p.m., daily. The grass training area will be limited to the hours of 9 a.m. to 7 p.m. with a maximum of five dogs utilizing the area at one time. Across Riverside Drive, the existing property is also designated Residential Kennel (RK) but do not have active commercial kennel permits. 5. All the Project’s proposed structures follow the development standards of the Residential Kennel (RK) 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 and provided appropriate conditions of 21 Planning Commission Resolution No. PC2023-009 Page 6 of 15 01-17-23 approval. The Project is required to obtain all applicable permits 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 14,244 square feet (0.33 acres) in area, topographically flat, and developed with an approximately 1,239 square-foot single-story residence. The proposed two car garage will provide the required parking for the residence. The areas behind the proposed garage will be improved to accommodate three uncovered parking spaces including one accessible space compliant with Americans with Disabilities Act requirements, and a turnaround area. 2. The Properties are large enough to accommodate structures that can house a maximum of 16 dogs and an exercise/training area. 3. The Properties are currently developed and will not be altered in a way that compromises public and emergency vehicle access, public services, and access to proper utilities. 4. Proposed improvements will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. Although the Project site is within proximity of residential uses, several similar commercial kennels have operated in the neighborhood under similar conditions since the 1960’s and 1970’s and have not proven detrimental. 2. As demonstrated in the acoustical analysis report prepared by RK Engineering Group, Inc. on October 21, 2021, the dog kennel use with the appropriate noise reduction measures incorporated is expected to operate in compliance with the noise standards within the NBMC and will not exacerbate existing ambient noise levels in the area. 22 Planning Commission Resolution No. PC2023-009 Page 7 of 15 01-17-23 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. Lot Merger In accordance with Sections 19.68.030 (Lot Mergers) of the NBMC, the following findings and facts in support of the lot merger are set forth herein: Finding: F. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The proposed lot merger to combine two (2) existing parcels by removing the interior lot lines between them will not result in the creation of additional parcels. 2. The proposed lot merger will merge two (2) contiguous lots, one of which is abnormal in size with no access. Therefore, the merger will improve the existing conditions. 3. The Project is in an area with an average slope of less than 20 percent. 4. Any future development on the proposed parcel will be subject to Title 20 (Planning and Zoning) of the NBMC development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City. Finding: G. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: The two lots to be merged are under common fee ownership. Finding: H. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the 23 Planning Commission Resolution No. PC2023-009 Page 8 of 15 01-17-23 subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the Properties 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 land use will remain the same and the merger is consistent with the land use designations of the General Plan. 2. The merged parcels will retain the Santa Ana Heights Residential Kennel (SP-7/RK) zoning designation, consistent with the surrounding area. The RK District is intended to provide for the development of a neighborhood that maintains single-family residences as primary uses with commercial kennels as accessory uses when operated to minimize potential detrimental conditions. 3. The existing unaddressed parcel identified as Assessor’s Parcel Number 439 251 10 is a land locked property that is smaller than all surrounding parcels within the area. The consolidation of the parcels will improve and allow the use of the land locked parcel as one compliant use with 1662 Orchard Drive. It will clean-up the lot lines to match the ownership and orientation. 4. Assessor’s Parcel Number 439 251 10 has no vehicular access and does not meet the minimum lot area requirements of the SP-7/RK regulations (8,000 square feet). Merging the two (2) lots would create one parcel that meets the minimum lot area requirement and access regulations. 5. The Public Works Department has reviewed the proposed lot merger and has concluded it is consistent with the Subdivision Code. Finding: I. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: Legal access will continue to be provided via Riverside Drive and non-vehicluar access will be maintained along Orchard Drive. The unaddressed parcel is currently landlocked and the proposed merger will allow for access through 1662 Orchard Drive. Thus, no adjoining parcels will be deprived of legal access as a result of the merger. 24 Planning Commission Resolution No. PC2023-009 Page 9 of 15 01-17-23 Finding: J. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. The proposed lot size is 14,244 square feet, which meets the SP-7/RK Zoning District requires a minimum lot size of 8,000 square feet. 2. Properties in the vicinity consist of lots of varying sizes. The merged lot will be 14,244 square feet and more conforming in size to the other residential kennel properties in the vicinity along Riverside Drive and Orchard Drive. These properties range in size from approximately 8,000 to 13,500 square feet. 3. Although the proposed parcel would be slightly larger than others in the vicinity, the smallest parcel (APN 439 251 10) included in the lot merger currently does not have vehicular access and does not meet the minimum lot area requirements of the SP-7/RK which is 8,000 square feet. Merging the two (2) lots would create one parcel that meets the minimum lot area requirement and provides vehicular access. 4. Access to the parcel will be maintained via Riverside Drive and the existing single-family residence will maintain its frontage along Orchard Drive. Thus, the resulting lot configuration will not change the existing pattern of development in the area. Waiver of Parcel Map In accordance with Section 19.08.30.A.3 (Waiver of Parcel Map Requirement) of the NBMC, a waiver of the parcel map may be approved in cases where no more than three parcels are eliminated. The following finding and facts in support of such waiver are set forth herein: Finding: K. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, 25 Planning Commission Resolution No. PC2023-009 Page 10 of 15 01-17-23 and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot line and allow the Property to be utilized as a single development site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19 (Subdivisions), Title 20 (Planning and Zoning), the General Plan and the Santa Ana Heights Specific Plan (SP-7). 2. The proposed lot merger combines the properties into a single parcel of land and does not result in the elimination of more than three parcels. 3. The Properties are accessible from Riverside Drive and is served by all of the necessary public utilities. 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 under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Class 15 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 2. The Planning Commission of the City of Newport Beach hereby approves PA2022-132 Lot Merger and Conditional Use Permit, 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 by the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF FEBRUARY, 2022. AYES: NOES: 26 Planning Commission Resolution No. PC2023-009 Page 11 of 15 01-17-23 ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Sarah Klaustermeier, Secretary 27 Planning Commission Resolution No. PC2023-009 Page 12 of 15 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL 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 shall comply with all recommendations in the Sit Means Sit Dog Training and Kennel Noise Impact Study dated October 21, 2021 (RK Engineering), for sound attenuation. 3. Prior to the issuance of building permits, the lot merger shall be recorded. 4. 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. 5. There shall be no more than four (4) employees on-site at any given time, including the operator and manager. 6. The maximum number of dogs on-site at any one time shall be limited to 16. 7. The facility shall operate by appointment only and no walk-in visitors shall be permitted.. Appointment hours shall only occur between 8 a.m. and 6 p.m., Tuesday through Saturday. 8. 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). 9. The storage of vehicles, equipment or products related to commercial activities not permitted in this district shall be prohibited. 10. The maximum number of dogs permitted in the rear yard grass training area shall be no more than five (5) at any one time between the hours of 9 a.m. and 7 p.m. All dogs shall otherwise be maintained within the enclosed commercial kennel structure. Dogs shall be supervised when using the yard area. 11. During the night time hours (10 p.m. to 7 a.m.), all dogs should be kept in the kennel building, and all exterior doors should be closed. 28 Planning Commission Resolution No. PC2023-009 Page 13 of 15 01-17-23 12. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. 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. 14. 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. 15. 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. 16. 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. 17. A minimum (6) foot high noise barrier shielding wall with entry gate shall be installed (and maintained) enclosing the outdoor kennel area to shield noise associated with dog kennels. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line of sight openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any of the following materials: masonry block; stucco veneer over wood framing (or foam core), or 1-inch-thick tongue and groove wood of sufficient wight per square foot; or transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient wight per square foot. 18. 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 29 Planning Commission Resolution No. PC2023-009 Page 14 of 15 01-17-23 19. 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. 20. 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. 21. 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 Sit Means Sit for Dogs Commercial Kennel including, but not limited to, Conditional Use Permit and Lot Merger filed as PA2022-132. 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 22. All improvements shall be constructed as required by Ordinance and the Public Works Department. 23. An encroachment permit is required for all work activities within the public right-of-way. 24. The Applicant shall reconstruct the existing broken and/or otherwise damage concrete curb, gutter and sidewalk along the Riverside Drive and Orchard Drive property frontages. 25. The Applicant shall remove all existing private, non-standard improvements within the Riverside Drive and Orchard Drive rights-of-way fronting the development site. 26. The Applicant shall install landscaping in the planted parkway area along the Riverside Drive right-of-way. 27. 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. 28. 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. 29. All existing overhead utilities shall be undergrounded. 30 Planning Commission Resolution No. PC2023-009 Page 15 of 15 01-17-23 30. Proposed on-site parking spaces and the driveway approach shall comply with City Standard Drawing No. 805. The bottom of driveway approach shall be a minimum 26 feet wide to align with the drive aisle and meet City Standard Drawing No. 160. 31. No permanent structures shall be constructed on existing easements on the Properties. 32. All improvements shall comply with the City’s sight distance requirement pursuant to City Standard Drawing No. 110. 33. 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. Electrical/Mechanical/Plumbing 34. Prior to building permit issuance, mechanical heating and ventilation plans must illustrate compliance with NBMC section 7.35.100 A & B. 35. 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 36. 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 37. Prior to final inspection of the building permit and commencement of the operation, 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 38. 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. 31 INTENTIONALLY BLANK PAGE32 Attachment No. PC 2 Applicant’s Description and Justification 33 INTENTIONALLY BLANK PAGE34 Sit Means Sit Dog Training Conditional Use Application 1662 Orchard Drive Project Description and Justification Sit Means Sit intends to open a 16 dog boarding facility in conjunction with a single family residence at 1662 Orchard Drive in Newport Beach, California. The property is located in the SP-7 Residential Kennel zoning district of the Santa Ana Heights Specific Plan. The site currently has a one story residence, approximately 1,239 square feet, with no garage. The lot is rectangular in shape. There is an adjacent lot 439-251-10 which will be merged with 1662 Orchard Drive 439-251-09. This lot will be improved with turf and remain an open area for training. The following information is related to the existing proposed use of the projected site: 439-251-09 (Site with house) Lot Width:65 feet Lot Depth: 165 feet Lot Area: 10,740 square Feet 439-251-10 Lot Width:50 feet Lot Depth:70 feet Lot Area 3500 feet Total lot area:14,240 square feet Proposed Setbacks Kennel: 9.7 feet from west side 5 feet from east side 67 feet from front 81 feet from rear Proposed Setbacks Garage: 46 feet from rear 9.7 feet from west side Building/Lot coverage = 21.7% proposed approx. Landscaping = 44% proposed approx. Paving = approx. 17.60 square feet for driveway, parking and ADA parking PA2022-132 35 Physical improvements ● An indoor kennel building 49 x17 will be constructed ● There will be 16 kennels, each dog will have a 4’x 6’ space as noted in the site plan. All Applicable permits will be obtained from the City’s Building Division and Fire Department. ● An ADA compliant restroom will be included in the new construction ● An ADA parking stall will be installed ● Fire alarm system will be installed to comply with fire code. There is a fire hydrant within the required distance to comply with fire code. ● The concrete slab that the building is built on will comply with the kennel code in Chapter 7.35 and the drainage and plumbing will comply with the plumbing and kennel code. ● Heating and ventilation will be provided for the kennel to ensure that the dogs are kept comfortable ● An acoustical study has been performed by an acoustical engineer. ● A Kennel operator’s permit will be obtained from the Chief of Police in compliance with Municipal Code Chapter 7.35 ● A new 25 x 40 foot garage will be constructed as noted on the site plan to meet the garage requirement for the residence and to provide for additional storage. ● The parking requirement for the kennel will be met at 1 space per 400 square feet ● The current chain link fencing will be replaced with secure, updated white vinyl fencing in accordance with code. ● The property will be improved in appearance so as to blend in with the neighborhood and surroundings. Specific Services Offered At The Property The facility will offer boarding in conjunction with training for up to 16 dogs at one time. The facility will not offer boarding without training and will not offer daycare. The current boarding and training packages are 7, 12 and 20 days, dogs will board and train for consecutive days. Dogs will be housed in indoor kennels. There is a grooming room presented in the plans, this is intended for the boarding dogs to receive a bath before they go home, no additional grooming services will be offered. The residential use will be maintained as the principal use of the property and an owner/operator will be living at the property. They will provide 24 hour care for the dogs. Hours of Operation The facility will be available to clients Tuesday through Friday from 3pm to 7pm and on Saturday from 10am to 5:30pm, by appointment. The facility will be closed to clients on Sunday and Monday. Clients may visit the facility by appointment only. Sit Means Sit offers a pick up and drop off service for clients and many of our clients choose the pickup and drop off service. An onsite manager will be available 24 hours per day. PA2022-132 36 Management There will be a maximum of 3 trainers working at the kennel Waste The kennel will be sanitized daily. Waste will be stored in deodorized bags and disposed of by a trash company each week. Justification: 1. The use is consistent with the General Plan The proposed use meets the definition of a Commercial Kennel. The principal use of a commercial kennel, when in conjunction with a single family residence on the same building site and subject to obtaining a kennel license (Chapter 7:35) is permitted subject to the approval of a use permit by the Planning Commission. The site for the proposed use is located in the RK zoning district of the Santa Ana Heights specific plan. (20.90.070) The purpose and intent of the RK District is to provide for the development and maintenance of a neighborhood which includes single-family residences in conjunction with commercial kennel business. 2. The use is allowed with the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Commercial Kennels are allowed in the SP-7 (RK) zoning district pursuant to the issuance of a use permit by the Planning Commission. The existing residence complies with the requirements for front, side and rear setbacks. Regarding Municipal Code compliance, upon approval of the use permit, an application for an Operator's Permit for a commercial kennel will be submitted in accordance with Section 7.35. 3. The design, location and operating characteristics are compatible with the allowed uses in the vicinity. The operation of the kennel will be compatible and consistent with the other existing uses in the vicinity. The majority of the properties along Riverside Drive are dog kennels including the Newport Beach Animal Shelter scheduled to open in the next 12 months. Operating a 16 dog kennel is well under the current permitted numbers at many of the adjacent kennels. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities. PA2022-132 37 The site location is ideal for the operating characteristics of the proposed use given that the zoning is (RK) Residential Kennel. It is suitable in terms of design, shape and size. There will not be any changes which would interfere with emergency vehicle access or public services. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, not 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. The (RK) zoning district is zoned for commercial kennel use. Operating a kennel would not endanger, jeopardize or constitute a hazard to the public convenience, health interest safety or general welfare of persons residing or working in the neighborhood. This proposed use is consistent with the other dog related businesses in this zone and is a lighter use in terms of number of dogs than many of the other kennels in the area. Other information Noise: The business model for Sit Mean Sit is focused on training as opposed to routine boarding or daycare. For many of our clients, eliminating nuisance barking is a top training goal so eliminating barking is part of the training curriculum while the dogs are enrolled in the board and train programs. Landscaping As mentioned above, white vinyl fencing will be installed in accordance with code. In the interest of cleanliness and sanitation, landscaping will consist of paving stones and decorative rock. The open training area will be covered with turf. PA2022-132 38 Attachment No. PC 3 Acoustical Analysis Report by RK Engineering Group, Inc. 39 INTENTIONALLY BLANK PAGE40 group, inc.engineering NOISE IMPACT STUDYSIT MEANS SIT DOG TRAINING AND KENNEL CITY OF NEWPORT BEACH PA2022-132 41 rk16943.doc JN:3005-2021-01 SIT MEANS SIT DOG TRAINING AND KENNEL NOISE IMPACT STUDY City of Newport Beach, California Prepared for: Ms. Cindy Hunt SIT MEANS SIT DOG TRAINING 1662 Orchard Drive Newport Beach, CA 92660 Prepared by: RK ENGINEERING GROUP, INC. 4000 Westerly Place, Suite 280 Newport Beach, CA 92660 Bryan Estrada, AICP Darshan Shivaiah, M.S. October 21, 2021 PA2022-132 42 Table of Contents Section Page 1.0 Introduction ........................................................................................... 1-1 1.1 Purpose of Analysis and Study Objectives 1-1 1.2 Site Location 1-1 1.3 Project Description 1-2 1.4 Summary of Analysis Results 1-2 1.5 Recommendations 1-2 2.0 Fundamentals of Noise and Vibration .................................................. 2-1 2.1 Sound, Noise and Acoustics 2-1 2.2 Frequency and Hertz 2-1 2.3 Sound Pressure Levels and Decibels 2-1 2.4 Addition of Decibels 2-1 2.5 Human Responses to Changes in Noise Levels 2-2 2.6 Noise Descriptors 2-2 2.7 Sound Propagation 2-5 3.0 Regulatory Setting ................................................................................. 3-1 3.1 City of Newport Beach Noise Regulations 3-1 4.0 Study Method and Procedures .............................................................. 4-1 4.1 Measurement Procedures and Criteria 4-1 4.2 Stationary Noise Modeling 4-2 4.2.1 Referenced Noise Levels 4-3 5.0 Existing Noise Environment................................................................... 5-1 5.1 Existing Noise Levels 5-1 6.0 Project Noise Impacts ............................................................................ 6-1 6.1 Residential Noise Impacts 6-1 6.1.1 Residential Uses to the East 6-2 6.2 Recommended Project Design Features 6-3 PA2022-132 43 List of Attachments Exhibits Location Map ........................................................................................................... A Site Plan ................................................................................................................... B Noise Monitoring Locations ...................................................................................... C Tables City of Newport Beach Exterior Noise Standards ........................................................ 1 Dog Kennel Referenced Noise Levels .......................................................................... 2 Dog Play Area Referenced Noise Levels ...................................................................... 3 24-Hour Noise Measurement Results L-1 ................................................................... 4 24-Hour Noise Measurement Results L-2 ................................................................... 5 Project Noise Impacts to the East .............................................................................. 6 Appendices City of Newport Beach Noise Ordinance ................................................................... A Noise Measurement, Field Data and Photos ............................................................... B Referenced Noise Level Field Sheets ........................................................................... C Stationary Noise Calculation Worksheets ................................................................... D PA2022-132 44 1-1 1.0 Introduction 1.1 Purpose of Analysis and Study Objectives The purpose of this report is to evaluate the potential noise impacts from the proposed Sit Means Sit Dog Training and Kennel (project) and recommend mitigation measures, if necessary, to minimize any project noise impacts. This report follows the City of Newport Beach Municipal Code, Chapter 10.26, Community Noise Control standards and methodologies for analyzing noise impacts. The project shall not create any noise, or allow the creation of any noise on the property which causes the noise level when measured on any other property to exceed the noise standards described in Chapter 10.26, Community Noise Control. The Newport Beach Community Noise Control Ordinance is provided in Appendix A. The following is provided in this report: • A description of the study area and the proposed project • Information regarding the fundamentals of noise • Identification of the regulatory setting and applicable noise standards • Analysis of the existing noise environment • Analysis of the project’s operational noise impact to adjacent sensitive receptors • Summary of recommended mitigation measures and project design features to reduce noise level impacts. 1.2 Site Location The proposed project is located at 1662 Orchard Drive, in the City of Newport Beach. The project site is located approximately 50 feet above sea level and the topography is relatively flat. The project site is located in the Santa Ana Heights Specific Plan and the land use designation is Residential Kennel. The project site is bounded by Orchard Drive to the north, existing residential/kennel uses to the south, residential uses to the east, and Riverside Drive to the west. The nearest noise-sensitive land uses are considered the residential properties located to the east of the project site. PA2022-132 45 1-2 The project site location map is provided in Exhibit A. 1.3 Project Description The project consists of constructing and operating a dog training and boarding kennel facility with a maximum capacity of sixteen (16) dogs. The dog kennels will be located within an enclosed building and each kennel will have a fenced-in outdoor area attached to the façade of the building. During the daytime (7 AM to 10 PM), dogs may be allowed in the outdoor portions of the kennels. The project will also have an outdoor yard for training and exercising the dogs. Dogs will typically be leashed and handled by a trainer while in the outdoor yard (the outdoor yard is not intended to be used as an open play area for multiple dogs at the same time). During the nighttime (10 PM to 7 AM), the dogs will be housed inside the enclosed kennels with exterior doors closed. The nearest dog kennel will be located approximately 21 feet from the eastern property line and the nearest adjacent neighboring residential property. A proposed common outdoor play area will be located along the southwest portion of the project site. Existing six (6) foot high block walls are currently located along portions of the eastern and northern property lines. The project is also proposing to build a six (6) foot high block wall along the southern property line. This assessment analyzes the existing noise levels and calculates the project impact on adjacent noise sensitive residential property to the east. The primary source of stationary noise will come barking dogs and activities within the kennels and outdoor play area. The site plan used for this analysis, provided by JJAB DESIGN, LLC. is illustrated in Exhibit B. 1.4 Summary of Analysis Results The following findings are provided based on the results of this analysis: 1. Project noise levels are expected to be within the allowable limits of the City of Newport Beach Exterior Noise Standards during daytime hours (7 a.m. to 10 p.m.) at the adjacent residential home on Orchard Drive. 2. Project noise levels are expected to be within the allowable limits of the City of Newport Beach Noise Standards during the nighttime hours (10:00 p.m. to 7:00 a.m.) at the adjacent residential home on Orchard Drive. PA2022-132 46 1-3 1.5 Recommendations The following recommendations are provided to help ensure noise levels do not cause a significant noise impact. Operation 1. During the night time hours (10 PM to 7 AM), all dogs should be kept in the kennel building, and all exterior doors should be closed. 2. Provide adequate ventilation to the new structure per City of Newport Beach building requirements to accommodate the closed-door conditions at night. 3. A minimum (6) foot high noise barrier shielding wall with entry gate should be installed and maintained enclosing the outdoor kennel area to shield noise associated with dog kennel (refer to Exhibit D). The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of- site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials: • Masonry block; • Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot; • Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot. Construction 4. Construction-related noise activities are exempted from the requirements set forth in the City of Newport Beach Municipal Code Chapter 10.28, provided complies with the following day/time restrictions. a. Weekdays and Saturdays: No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal PA2022-132 47 1-4 sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. b. Sundays and Holidays: No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. 5. During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment should be turned off when not in use. 6. Locate staging area, generators and stationary construction equipment as far from adjacent residential properties, as reasonably feasible. PA2022-132 48 2-1 2.0 Fundamentals of Noise and Vibration This section of the report provides basic information about noise and presents some of the terms used within the report. 2.1 Sound, Noise and Acoustics Sound is a disturbance created by a moving or vibrating source and is capable of being detected by the hearing organs. Sound may be thought of as mechanical energy of a moving object transmitted by pressure waves through a medium to a human ear. For traffic, or stationary noise, the medium of concern is air. Noise is defined as sound that is loud, unpleasant, unexpected, or unwanted. 2.2 Frequency and Hertz A continuous sound is described by its frequency (pitch) and its amplitude (loudness). Frequency relates to the number of pressure oscillations per second. Low-frequency sounds are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak). These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human ear can hear from the bass pitch starting out at 20 Hz all the way to the high pitch of 20,000 Hz. 2.3 Sound Pressure Levels and Decibels The amplitude of a sound determines it loudness. The loudness of sound increases or decreases, as the amplitude increases or decreases. Sound pressure amplitude is measured in units of micro-Newton per square inch meter (N/m2), also called micro-Pascal (μPa). One μPa is approximately one hundred billionths (0.00000000001) of normal atmospheric pressure. Sound pressure level (SPL or Lp) is used to describe in logarithmic units the ratio of actual sound pressures to a reference pressure squared. These units are called decibels and abbreviated dB. 2.4 Addition of Decibels Because decibels are on a logarithmic scale, sound pressure levels cannot be added or subtracted by simple plus or minus addition. When two (2) sounds of equal SPL are combined, they will produce an SPL 3 dB greater than the original single SPL. In other words, sound energy must be doubled to produce a 3 dB increase. PA2022-132 49 2-2 If two (2) sounds differ by approximately 10 dB the higher sound level is the predominant sound. 2.5 Human Response to Changes in Noise Levels In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. For purposes of this report as well as with most environmental documents, the A-scale weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human ear can barely perceive the change in noise level of 3 dB. A change in 5 dB is readily perceptible, and a change in 10 dB is perceived as being twice or half as loud1. As previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway), would result in a barely perceptible change in sound level. 2.6 Noise Descriptors Noise in our daily environment fluctuates over time. Some noise levels occur in regular patterns, others are random. Some noise levels are constant, while others are sporadic. Noise descriptors were created to describe the different time-varying noise levels. Following are the most commonly used noise descriptors along with brief definitions. A-Weighted Sound Level The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness. Ambient Noise Level The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. 1 Source: U.S. DOT Federal Highway Administration. Dec. 2011. Highway Traffic Noise: Analysis and Abatement Guidance. PA2022-132 50 2-3 Community Noise Equivalent Level (CNEL) The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM. Decibel (dB) A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A) A-weighted sound level (see definition above). Equivalent Sound Level (LEQ) The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Habitable Room Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces. L(n) The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 is the sound level exceeded 10 percent of the sample time. Similarly L50, L90 and L99, etc. PA2022-132 51 2-4 Noise Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as "...excessive undesirable sound...". Outdoor Living Area Outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas). Percent Noise Levels See L(n). Sound Level (Noise Level) The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Sound Level Meter An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. PA2022-132 52 2-5 Single Event Noise Exposure Level (SENEL) The dBA level which, if it lasted for one (1) second, would produce the same A-weighted sound energy as the actual event. 2.7 Sound Propagation As sound propagates from a source it spreads geometrically. Sound from a small, localized source (i.e., a point source) radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance. The movement of vehicles down a roadway makes the source of the sound appear to propagate from a line (i.e., line source) rather than a point source. This line source results in the noise propagating from a roadway in a cylindrical spreading versus a spherical spreading that results from a point source. The sound level attenuates for a line source at a rate of 3 dB per doubling of distance. As noise propagates from the source, it is affected by the ground and atmosphere. Noise models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate predicted noise levels. Hard site conditions assume no excessive ground absorption between the noise source and the receiver. Soft site conditions such as grass, soft dirt or landscaping attenuate noise at an additional rate of 1.5 dB per doubling of distance. When added to the geometric spreading, the excess ground attenuation results in an overall noise attenuation of 3 dB per doubling of distance for a line source and 6.0 dB per doubling of distance for a point source. PA2022-132 53 2-6 Figure 1 Typical Sound Levels from Indoor and Outdoor Noise Sources2 2 Source: AAHSTO. 1993. Guide on Evaluation and Abatement of Traffic Noise PA2022-132 54 3-1 3.0 Regulatory Setting 3.1 City of Newport Beach Noise Regulations The proposed project is located in the City of Newport Beach and is required to follow the City’s noise regulations and standards established in the Newport Beach Municipal Code Chapter 10.26 -- Community Noise Control. The full Community Noise Control ordinance is provided in Appendix A. Noise levels from the project site are required to be below the City’s standard during daytime and nighttime hours at all adjacent and surrounding properties. Table 1 shows the City of Newport Beach Exterior Noise Standards. Table 1 City of Newport Beach Exterior Noise Standards1 Noise Zone Type of Land Use Allowable Exterior Noise Level (Leq)2 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. I Single-, Two-, or Multiple-Family Residential 55 dBA 50 dBA III Residential Portions if Mixed-Use Properties3 60 dBA 50 dBA 1 Newport Beach Municipal Code Chapter 10.26.025. 2 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. 3 For purposes of this analysis, Noise Zone III standards are applicable to the residential homes located to the north and south of the project site on Riverside Drive. Per section 10.26.025 of the Community Noise Control ordinance, it is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A-weighted slow response). In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level shall be increased to reflect the maximum ambient noise level. PA2022-132 55 3-2 Construction Noise Regulation Section 10.26.035 of the Newport Beach Municipal Code indicates that noise sources associated with construction, repair, remodeling, or grading of any real property shall be exempted from the provisions of Chapter 10.28: Section 10.28.040 Construction Activity Noise Regulations sets the following; A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. PA2022-132 56 4-1 4.0 Study Method and Procedures The following section describes the measurement procedures, measurement locations, and noise modeling procedures and assumptions used in the noise analysis. 4.1 Measurement Procedures and Criteria Noise measurements are taken to determine the existing noise levels. A noise receiver or receptor is any location in the noise analysis in which noise might produce an impact. The following criteria are used to select measurement locations and receptors: • Locations expected to receive the highest noise impacts, such as the first row of houses • Locations that are acoustically representative and equivalent of the area of concern • Human land usage • Sites clear of major obstruction and contamination RK conducted the sound level measurements in accordance with Caltrans technical noise specifications. All measurement equipment meets American National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983 identified in Chapter 19.68.020.AA). A Piccolo-II Type 2 and a Larson Davis 712 Type 2 integrating-averaging sound level meter were used to conduct the noise measurements. The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical data were recorded over the measurement time period intervals and the information was utilized to define the noise characteristics for the project. The following gives a brief description of the Caltrans Technical Noise Supplement procedures for sound level measurements: • Microphones for sound level meters were placed between at five (5) feet above the ground level, unless otherwise specified • Sound level meters were calibrated before and after each measurement • Following the calibration of equipment, a windscreen was placed over the microphone • Frequency weighting was set on “A” and slow response • Results of noise measurements were recorded on field data sheets PA2022-132 57 4-2 • During any short-term noise measurements, any noise contaminations such as barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted • Temperature and sky conditions were observed and documented Appendix B includes photos, field sheets, and measured noise data. 4.2 Stationary Noise Modeling The stationary noise was projected using a computer program that replicates the FHWA Noise Prediction Model (FHWA-RD-77-108). The FHWA model arrives at the predicted noise level through a series of adjustments to the reference energy noise level. For each stationary source, the referenced noise level was applied to the model. The model outputs the projected noise level based on the following key parameters: • Measured referenced noise level – (e.g. how loud a source is at a specific distance) • Vertical and horizontal distances (sensitive receptor distance from noise source) • Noise barrier vertical and horizontal distances (noise barrier distance from sound source and receptor). • Typical noise source spectra • Topography 4.2.1 Referenced Noise Levels To estimate noise level impacts from on-site noise sources, reference noise levels are utilized. Referenced noise levels represent similar noise sources operating under similar conditions as would be found on the project site. Dog Kennel Reference Noise Levels Typical noise associated with dog kennel activities is produced by the dogs. Barking by one dog may become a self-reinforcing behavior and may also stimulate other individuals to vocalize further. Additionally, dogs housed in kennels may bark as a territorial behavior or from excitement generated by people passing by the pens. Table 2 indicates the referenced noise levels for on-site dog kennel activities obtained from SoundPLANTM software. Kennel noise projections are estimated from the center of the kennel area to the nearest adjacent property line. PA2022-132 58 4-3 Table 2 Dog Kennel Referenced Noise Level1 Source Referenced Distance Noise Levels (dBA) Dog Kennel 3 feet 89.7 1Referenced noise levels from SoundPLAN. Dog Play Area Reference Noise Levels Generally, noise levels at the outdoor dog play area are assumed to be less than the noise levels at the kennel area. Table 3 indicates the measured referenced noise levels at the dog play area, conducted previously by RK in 4th November, 2015 (Newport Tails Kennel Acoustical Study). Using a Larson Davis 712 Type 2 integrating-averaging sound level meter, two (2) 5-minute noise measurements were recorded at the surrounding property lines. Short term noise measurements are conducted during normal daytime hours and considered samples of typical ambient conditions. The Leq, Lmin, Lmax, L2, L8, L25, and L50, statistical data were reported over the 5-minute period. The information was utilized to define the noise characteristics for the project. The following details and observations are provided for the short-term dog play area noise measurements. The results of the referenced noise level measurements (REF) are presented in Table 3. Table 3 Dog Play Area Referenced Noise Levels1 Site No. Time Started Leq Lmax Lmin L2 L8 L25 L50 REF-1 3:12 PM 57.0 73.0 47.0 66.9 61.3 54.6 50.8 REF-2 2:49 PM 55.3 76.2 46.6 61.9 58.2 53.9 51.2 1 Referenced noise levels measured by RK over a 5-minute period on 11/04/2015. REF-1 Measurement taken 45' away from the rear façade of the house, and 10' away from the northern property line/wall. REF-2 Measurement taken 22' away from the rear façade of the house, and 10' away from the southern property line/wall. PA2022-132 59 4-4 To estimate the future noise levels during typical conditions, RK used the highest noise levels from the reference noise levels. Adjusted noise levels are based on the distance of the receptor location relative to the noise source, local topography and the recommended property line wall shielding. PA2022-132 60 5-1 5.0 Existing Noise Environment The existing noise environment for the project site and surrounding areas has been established based on noise measurement data collected by RK. Noise measurement data indicates that activities from the existing land use and surrounding properties, as well as overhead planes, are the main sources of ambient noise at the project site and surrounding noise sensitive receptor areas. 5.1 Existing Noise Levels To determine the existing noise level environment, RK conducted two (2) 24-hour noise measurements at the project study area. Noise levels were measured on October 6, 2020 using a Piccolo-II Type 2 integrating- averaging sound level meter. The information was utilized to establish the noise characteristics of the existing ambient environment. The noise monitoring locations were selected based on the proximity and location to adjacent sensitive receptors. Exhibit C graphically illustrates the location of the long-term measurements. • Noise monitoring location one (L-1) was taken at the center of the project site, approximately 85 feet from the northern property line and approximately 10 feet from the eastern property line. • Noise monitoring location two (L-2) was taken at the backyard of the project site, approximately 66 feet from the western property line and 42 feet from the southern property line. Noise monitoring locations (L-1) and (L-2) represent the existing noise levels near the adjacent noise sensitive residential land uses to the east. It should be noted that based on Table 4 and Table 5, the existing noise levels at the project site and surrounding sites are currently exceeding the City of Newport Noise standards for residential uses. Appendix B includes photographs, field sheets and measured noise data. PA2022-132 61 5-2 Table 4 24 Noise Measurement Results L-11 Time Leq (dBA) Time Leq (dBA) 12:00 AM 40.5 12:00 PM 68.4 1:00 AM 38.1 1:00 PM 65.2 2:00 AM 37.0 2:00 PM 67.6 3:00 AM 38.0 3:00 PM 65.2 4:00 AM 35.8 4:00 PM 66.0 5:00 AM 38.5 5:00 PM 65.5 6:00 AM 64.2 6:00 PM 67.0 7:00 AM 71.2 7:00 PM 67.8 8:00 AM 69.8 8:00 PM 62.0 9:00 AM 66.6 9:00 PM 65.9 10:00 AM 67.3 10:00 PM 42.1 11:00 AM 70.0 11:00 PM 47.7 Lowest Daytime (7 AM to 10 PM) Leq 62.0 Lowest Nighttime (10 PM to 7 AM) Leq 35.8 1 L-1 was taken in the center of the site, approximately 85 feet from the northern property line. L-1 was recorded on 10/06/2021. Table 5 24 Noise Measurement Results, LT-21 Time Leq (dBA) Time Leq (dBA) 12:00 AM 38.4 12:00 PM 67.1 1:00 AM 35.4 1:00 PM 64.5 2:00 AM 36.2 2:00 PM 66.8 3:00 AM 37.8 3:00 PM 64.5 4:00 AM 34.9 4:00 PM 64.5 5:00 AM 37.4 5:00 PM 64.4 6:00 AM 59.0 6:00 PM 65.5 7:00 AM 70.9 7:00 PM 66.8 8:00 AM 69.1 8:00 PM 60.9 9:00 AM 65.5 9:00 PM 64.9 10:00 AM 66.5 10:00 PM 40.8 11:00 AM 68.9 11:00 PM 46.9 Lowest Daytime (7 AM to 10 PM) Leq 60.9 Lowest Nighttime (10 PM to 7 AM) Leq 34.9 1 L-2 was taken near the center of the site, approximately 66 feet from the western property line and 42 feet from the southern property line. L-2 was recorded on 10/06/2021. PA2022-132 62 6-1 6.0 Project Noise Impacts This assessment analyzes the future noise level impacts from project to the nearest adjacent residential properties. Noise level impacts are compared to the City of Newport Beach noise standards and recommendations are provided, as needed, to reduce the project’s noise impact. 6.1 Residential Noise Impacts The proposed project will house a maximum of sixteen (16) dogs at capacity. During the daytime (7 AM to 10 PM), dogs may be allowed in the outdoor portions of the kennels and in the play areas. During the nighttime (10 PM to 7 AM), the dogs are expected to be housed inside the enclosed kennels with doors closed. This assessment analyzes the existing noise levels and calculates the project impact on adjacent noise sensitive property to the east. The primary source of stationary noise will come from the dog kennels and the common outdoor play area of the project site. In order to determine the significant noise impact, the 24-hour noise level data collected by RK on the site is utilized as the baseline conditions. Based on the existing noise measurement data presented in Table 4 and Table 5, the existing noise levels at the project site and surrounding area are currently exceeding the City of Newport Noise standards for residential uses. RK identified the lowest hourly Leq noise levels for both daytime hours (7:00 a.m. to 10:00 p.m.) and nighttime hours (10:00 p.m. to 7:00 a.m.). This represents a worst-case assessment during the quietest hours of the day and night. 6.1.1 Project Noise Impact The nearest residential property line located adjacent to the east of the site, approximately 21 feet away from the nearest outdoor dog kennel structure and 5 feet away from the outdoor dog play area. The nearest adjacent noise sensitive land use is the existing residential property located to the east of the site. The adjacent home is located in Noise Zone I, which includes all single-, two-, and multiple-family residential properties in the City of Newport Beach. The daytime noise standard at the adjacent home is 55 dBA from 7:00 a.m. to 10:00 p.m. and the nighttime noise standard is 50 dBA from 10:00 p.m. to 7:00 a.m. PA2022-132 63 6-2 This assessment has been conducted by taking noise reduction from the existing wall along the eastern/northern property line. Table 6 shows the result of the noise impact analysis. The noise levels generated by the project are not expected to exceed the City’s daytime and nighttime exterior residential noise standard at the adjacent property to the east. Table 6 Project Noise Impacts to the East Receptor Source Noise Level (dBA) Leq Daytime Leq Nighttime (7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.) Nearest Adjacent Property Line Dog Kennel1 46.8 41.82 Outdoor Play Area 49.8 -- Combined Project Noise Level 51.6 41.8 City of Newport Beach Noise Standards 55.0 50.0 Project Noise Level Exceeds Standard (?) NO NO 1Noise levels take into account the existing noise barrier wall along property line and the recommended noise barrier wall shielding the outdoor kennel areas. 2 Assumes minimum 5 dBA reduction in noise during nighttime with exterior kennel doors closed. 6.2 Recommended Project Design features The following recommendations are provided to help ensure noise levels do not cause a significant noise impact. Operation 1. During the night time hours (10 PM to 7 AM), all dogs should be kept in the kennel building, and all exterior doors should be closed. 2. Provide adequate ventilation to the new structure per City of Newport Beach building requirements to accommodate the closed-door conditions at night. PA2022-132 64 6-3 3. A minimum (6) foot high noise barrier shielding wall with entry gate should be installed and maintained enclosing the outdoor kennel area to shield noise associated with dog kennel (Refer Exhibit D). The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials: • Masonry block; • Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot; • Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot. Construction 4. Construction-related noise activities are exempted from the requirements set forth in the City of Newport Beach Municipal Code Chapter 10.28, provided complies with the following day/time restrictions. a. Weekdays and Saturdays: No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. b. Sundays and Holidays: No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. 5. During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be PA2022-132 65 6-4 maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment should be turned off when not in use. 6. Locate staging area, generators and stationary construction equipment as far from east property line, as reasonably feasible. PA2022-132 66 Exhibits PA2022-132 67 engineeringgroup, inc.SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA 3005-2021-01 engineering Location MapExhibit A N SITE PA2022-132 68 group, inc.engineering Site PlanExhibit B N SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA 3005-2021-01 PA2022-132 69 engineeringgroup, inc.engineering Noise Monitoring LocationsExhibit C N Legend: = Long Term (24-HR) Noise Monitoring Location1 SITE 1 2 SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA 3005-2021-01 PA2022-132 70 group, inc.engineering RecommendationsExhibit D N SIT MEANS SIT DOG TRAINING & KENNEL NOISE IMPACT STUDY, City of Newport Beach, CA 3005-2021-01 A minimum (6) foot high noise barrier shielding wall with entry gate should be installed and maintained enclosing the outdoor kennel area to shield noise associated with dog kennel. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials: Masonry block; Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot;Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot. PA2022-132 71 Appendices PA2022-132 72 Appendix A City of Newport Beach Noise Ordinance PA2022-132 73 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/1/9 (119 hits) Chapter 10.26 COMMUNITY NOISE CONTROL Sections: 10.26.005 Declaration of Policy. 10.26.010 Definitions. 10.26.015 Decibel Measurement Criteria. 10.26.020 Designated Noise Zones. 10.26.025 Exterior Noise Standards. 10.26.030 Interior Noise Standards. 10.26.035 Exemptions. 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions—Special Provisions. 10.26.045 Heating, Venting and Air Conditioning—Special Provisions. 10.26.050 Sound-Amplifying Equipment. 10.26.055 Noise Level Measurement. 10.26.065 Proposed Developments. 10.26.070 Prima Facie Violation. 10.26.075 Violations. 10.26.080 Violations—Additional Remedies—Injunctions. 10.26.085 City Manager Waiver. 10.26.090 Noise Abatement Programs. 10.26.095 Manner of Enforcement. 10.26.100 Severability. 10.26.005 Declaration of Policy. A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter. B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance. The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings as indicated here: “Agricultural property” means a parcel of real property which is undeveloped for any use other than agricultural purposes. “Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. PA2022-132 74 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/2/9 “A-weighted sound level” means the total sound level meter with a reference pressure of twenty (20) micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as DBA. “Code Enforcement Officer” means the Code Enforcement Officer of the City or his duly authorized deputy. “Commercial property” means a parcel of real property which is used as either in part or in whole for commercial purposes. “Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted. “Decibel (Db)” means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. “Dwelling unit” means any area within a structure on any parcel which: 1. Contains separate or independent living facilities for one or more persons, with an area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or 2. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. “Emergency machinery, vehicle, work or alarm” means any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. “Equivalent, noise, level, leq.” means the sound level corresponding to a steady state noise level over a given measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known as the energy average noise level during the measurement period. The measurement period shall be fifteen (15) minutes under the terms of this chapter. “Fixed noise source” means a stationary device which creates sounds while fixed or motionless including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. “Grading” means any excavating of filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. “Health care institution” means any hospital, convalescent home or other similar facility excluding residential. “Hertz (HZ)” means the unit which describes the frequency of a function periodic in time which is the reciprocal of the period. “Impulsive noise” means a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. “Industrial property” means a parcel of real property which is used either in part or in whole for manufacturing purposes. “Intruding noise level” means the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. “Licensed” means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. PA2022-132 75 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/3/9 “Major roadway” means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or controlled by a public government entity. “Mobile noise source” means any noise source other than a fixed noise source. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies. “Residential property” means a parcel of real property which is used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property includes the residential portion of mixed use properties. “Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz (Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz. “Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. “Sound pressure level” of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. “Vibration” means any movement of the earth, ground or other similar surface created by a temporal and spatial oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part), 1995) 10.26.015 Decibel Measurement Criteria. Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of twenty (20) micropascals as measured with a sound level meter using the A-weighted network (scale) at slow response. (Ord. 95-38 § 11 (part), 1995) 10.26.020 Designated Noise Zones. The properties hereinafter described assigned to the following noise zones: Noise Zone I — All single-, two- and multiple-family residential properties; Noise Zone II — All commercial properties; Noise Zone III — The residential portion of mixed-use properties; Noise Zone IV — All manufacturing or industrial properties. The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone I, II, III or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part), 1995) 10.26.025 Exterior Noise Standards. PA2022-132 76 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/4/9 A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: NOISE ZONE TYPE OF LAND USE ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise Level, Leq) 7 a.m. to 10 p.m.10 p.m. to 7 a.m. I Single-, two-or multiple-family residential 55 DBA 50 DBA II Commercial 65 DBA 60 DBA III Residential portions of mixed-use properties 60 DBA 50 DBA IV Industrial or manufacturing 70 DBA 70 DBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.030 Interior Noise Standards. A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property within all noise zones: NOISE ZONE TYPE OF LAND USE ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level, Leq) 7 a.m. to 10 p.m.10 p.m. to 7 a.m. I Residential 45 DBA 40 DBA PA2022-132 77 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/5/9 III Residential portions of mixed-use properties 45 DBA 40 DBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.035 Exemptions. The following activities shall be exempted from the provisions of this chapter: A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized, or responsible, to perform, activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events; C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within forty-five (45) minutes in any hour of its being activated; D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys; F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that: 1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at any time Sunday or a federal holiday, or PA2022-132 78 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/6/9 2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or 3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture; G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad noise regulations; I. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapters 10.28 and 10.58 of this title; J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapter 7.20 of this Code; K. Any noise sources associated with the operation of a permanently installed heating, venting and air conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B) and (C); L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification permit, development agreement or planned community district development plan adopted prior to the date of adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —Special Provisions. It is unlawful for any person to create any noise which causes the noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38 § 11 (part), 1995) 10.26.045 Heating, Venting and Air Conditioning—Special Provisions. A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations can be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of fifty (50) DBA or not to exceed an A-weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be that specified in “Standard Application of Sound Rated Outdoor Unitary Equipment,” Standard 275, Air conditioning and Refrigeration Institute, 1984 or latest revision thereof. B. Existing HVAC Equipment. 1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior noise limit of sixty-five (65) dBA until January 1, 1998. 2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter until January 1, 1998. PA2022-132 79 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/7/9 3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety-day compliance period set forth in Section 10.26.005. C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995) 10.26.050 Sound-Amplifying Equipment. Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995) 10.26.065 Proposed Developments. Each department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval. If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed standard, regulation or action of any department respecting noise does not conform to the provisions as specified in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995) 10.26.070 Prima Facie Violation. Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.075 Violations. PA2022-132 80 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/8/9 Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 § 11 (part), 1995) 10.26.080 Violations—Additional Remedies—Injunctions. A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995) 10.26.085 City Manager Waiver. The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. (Ord. 95-38 § 11 (part), 1995) 10.26.090 Noise Abatement Programs. A. In circumstances which adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the City Council may establish a noise abatement program which recognizes the characteristics of the noise source and affected property and which incorporates specialized mitigation measures. B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995) 10.26.095 Manner of Enforcement. A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which specifies the time by which the condition shall be corrected. B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his/her duty. C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 § 11 (part), 1995) 10.26.100 Severability. PA2022-132 81 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/9/9 If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 95-38 § 11 (part), 1995) The Newport Beach Municipal Code is current through Ordinance 2018-13, passed August 14, 2018. Disclaimer: The City Clerk's Office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. PA2022-132 82 Appendix B Noise Measurement, Field Data and Photos PA2022-132 83 Project:Engineer:D. Shivaiah Date:10/6/2021 JN:3005-2021-01 Measurement Address:City:Site No.: 1662 Orchard Drive Newport Beach Sound Level Meter:Calibration Record:Notes: Piccolo II Input, dB/ Cali. Date Time Serial # P0218042101 1 94.0 Temp: 79 Serial # P0218092808 2 94.0 10/05/2021 3:00 PM Windspeed: 8 MPH Serial # P0221010801 3 94.0 Direction: SSW Serial # P0221010802 4 94.0 10/05/2021 3:05 PM Skies: Clear Calibrator:Camera: Photo Nos. Serial # 500732 Notes:Measurement Type: Long-term X Short-term Field Sheet 1 Meter Settings:  A-WTD  LINEAR  SLOW  1/1 OCT  INTERVALS ___60____- MINUTE  C-WTD  IMPULSE  FAST  1/3 OCT  LN PERCENTILE VALUES Sit Means Sit Dog Training Noise Impact Study CA114 Sound Calibrator 1c c 2 PA2022-132 84 Project:Engineer:D. Shivaiah Date:10/6/2021 JN:3005-2021-01 Measurement Address:City:Newport Beach Site No.: Noise measurement was taken in the center of the site, approximately 85 feet from the northern property line. 47.0 Field Sheet - ST1 Location Photos Sit Means Sit Noise Impact Study 1 PA2022-132 85 PROJECT: Sit Means Sit Dog Training Noise Impact Study JOB #: 3005‐2021‐01NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 06‐Oct‐21BY: D. ShivaiahTimeLeqLmax LminL2L8L25L5012:00 AM 40.563.134.748.342.739.438.21:00 AM 38.157.633.044.140.736.434.12:00 AM 37.053.233.144.337.635.534.73:00 AM 38.057.532.344.737.434.833.94:00 AM 35.852.232.441.938.035.234.25:00 AM 38.555.633.447.140.936.835.66:00 AM 64.289.435.259.251.945.341.07:00 AM 71.288.639.683.175.154.751.18:00 AM 69.889.044.581.169.753.650.89:00 AM 66.688.942.578.064.153.050.610:00 AM 67.387.740.978.469.355.850.911:00 AM 70.088.244.782.271.554.650.812:00 PM 68.488.841.680.666.452.650.11:00 PM 65.287.243.277.260.451.749.12:00 PM 67.687.144.878.769.855.552.53:00 PM 65.285.947.076.263.156.253.74:00 PM 66.086.947.377.566.856.453.85:00 PM 65.586.046.376.963.754.752.26:00 PM 67.086.543.079.066.450.847.77:00 PM 67.887.839.679.068.348.945.48:00 PM 62.084.538.072.750.545.342.99:00 PM 65.989.234.167.148.440.537.710:00 PM 42.165.734.849.044.140.738.411:00 PM 47.768.935.755.045.842.440.2Daytime67.389.234.178.868.153.450.4Nighttime55.389.4 32.352.345.039.937.4At the center of the project site, approximately 85 feet from the northern property line and approximately 10 feet from the eastern property lineLOCATION:PA2022-13286 0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln) ‐ L‐1LeqLmaxLminL2L8L25L50PA2022-13287 0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL) ‐ L‐1LeqCNELPA2022-13288 Project:Engineer:D. Shivaiah Date:10/6/2021 JN:3005-2021-01 Measurement Address:City:Newport Beach Site No.: 47.0 Field Sheet - ST2 Location Photos Sit Means Sit Noise Impact Study 2Noise measurement was taken near the backyard play area of the site, approximately 66 feet from the western property line and 42 feet from the southern property line PA2022-132 89 PROJECT: Sit Means Sit Dog Training Noise Impact Study JOB #: 3005‐2021‐01NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 06‐Oct‐21BY: D. ShivaiahTimeLeqLmax LminL2L8L25L5012:00 AM 38.449.733.147.241.337.235.91:00 AM 35.450.032.241.937.834.833.62:00 AM 36.253.832.244.435.934.133.43:00 AM 37.858.131.544.936.533.832.94:00 AM 34.949.031.542.436.434.033.25:00 AM 37.452.533.143.140.037.435.96:00 AM 59.085.534.853.648.744.040.27:00 AM 70.989.338.782.675.155.848.48:00 AM 69.189.441.880.569.451.748.99:00 AM 65.588.641.476.464.852.249.010:00 AM 66.586.640.777.670.154.849.411:00 AM 68.987.342.380.871.153.948.612:00 PM 67.187.140.078.567.350.747.61:00 PM 64.586.941.476.462.750.246.92:00 PM 66.886.642.877.869.053.549.83:00 PM 64.585.844.875.262.953.551.14:00 PM 64.586.244.875.866.154.251.35:00 PM 64.484.043.776.265.753.050.26:00 PM 65.586.139.877.365.649.045.37:00 PM 66.886.838.478.169.049.043.48:00 PM 60.983.136.172.949.343.540.79:00 PM 64.988.933.469.248.540.938.110:00 PM 40.860.733.748.443.639.637.011:00 PM 46.969.534.051.945.340.538.2Daytime66.489.433.477.768.152.148.1Nighttime50.485.5 31.548.442.738.636.2LOCATION:Noise measurement was taken near the center of the site, approximately 66 feet from the western property line and 42 feet from the southern property linePA2022-13290 0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln) ‐ L‐2LeqLmaxLminL2L8L25L50PA2022-13291 0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL) ‐ L‐2LeqCNELPA2022-13292 Appendix C Referenced Noise Level Field Sheets PA2022-132 93 Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015 JN:2536-2015-01 Measurement Address:City:Newport Beach Site No.: 20281 Riverside Drive Sound Level Meter:Calibration Record:Notes: LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time Serial # A0520 Before 114.0/ 114.0/ 26.9/Temp: 66° After 114.0/ 114.0/ 26.3/Windspeed: Light Calibrator:Direction: -- LD-250 250 Before // /Skies: Clear Serial # 1322 After // /Camera: Photo Nos. Notes:Measurement Type: Long-term Short-term X Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50 3:12 PM 3:18 PM 57.0 47.0 73.0 66.9 61.3 54.6 50.8 2:49 PM 3:02 PM 55.3 46.6 76.2 61.9 58.2 53.9 51.2 All measurements taken in this second round are WITH the dogs present in the yard. All measurements were taken over a 5-minute period, with occasional pauses to allow for plane and helicopter flyovers.Locations1 5 4 3 Field Sheet 1-2 Measurement taken 45' away from the rear façade of the house, and 10' away from the northern property line/wall. There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation. Measurement taken 22' away from the rear façade of the house, and 10' away from the southern property line/wall. There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation. Meter Settings: ⌧ A-WTD LINEAR ⌧ SLOW 1/1 OCT ⌧ INTERVALS ___5____- MINUTE C-WTD IMPULSE FAST 1/3 OCT ⌧ LN PERCENTILE VALUES 2 Newport Tails Kennel Acoustical Study PA2022-132 94 Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015 JN:2536-2015-01 Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.: 47.0 Field Sheet - ST1 Location Photos 1 Newport Tails Kennel Acoustical Study PA2022-132 95 Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015 JN:2536-2015-01 Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.: 47.0 Field Sheet - ST2 Location Photos Newport Tails Kennel Acoustical Study 2 PA2022-132 96 Appendix D Stationary Noise Calculation Worksheets PA2022-132 97 NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108 PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1 SOURCE:Dog Kennel DATE: 21‐Oct‐21 LOCATION:Nearest Adjacent Property Line (Cut‐1)BY:D. Shivaiah NOISE INPUT DATA OBS DIST= 17.0 DT WALL=16.0 DT W/OB= 1.0 HTH WALL=6.0 ******** BARRIER =0.0 (0=WALL,1=BERM) OBS HTH=2.0 NOISE HTH=2.0 BARRIER+ OBS EL =0.0 TOPO SHIELDING = ‐13.90 NOISE EL =0.0 NOISE HTH EL= 2.0 DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE) COFF DIST (FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 3 89.7 PROJ LEVEL 17 82.2 ‐7.5 ‐7.5 ‐7.5 ‐7.5 ‐7.5 SHIELDING 17 ‐13.9 ‐13.9 ‐13.9 ‐13.9 ‐13.9 ‐13.9 ADJ LEVEL 17 68.3 ‐21.4 ‐21.4 ‐21.4 ‐21.4 ‐21.4 NOISE LEVEL REDUCTION DUE TO DISTANCE =‐7.53327667 NOISE OUTPUT DATA (dBA) PA2022-132 98 NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108 PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1 SOURCE:Dog Kennel DATE: 21‐Oct‐21 LOCATION:Nearest Adjacent Property Line (Cut‐2)BY:D. Shivaiah NOISE INPUT DATA OBS DIST= 26.0 DT WALL=21.0 DT W/OB= 5.0 HTH WALL=6.0 ******** BARRIER =0.0 (0=WALL,1=BERM) OBS HTH=5.0 NOISE HTH=2.0 BARRIER+ OBS EL =0.0 TOPO SHIELDING = ‐7.40 NOISE EL =0.0 NOISE HTH EL= 2.0 DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE) COFF DIST (FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 1 68.3 PROJ LEVEL 26 54.2 ‐14.1 ‐14.1 ‐14.1 ‐14.1 ‐14.1 SHIELDING 26 ‐7.4 ‐7.4 ‐7.4 ‐7.4 ‐7.4 ‐7.4 ADJ LEVEL 26 46.8 ‐21.5 ‐21.5 ‐21.5 ‐21.5 ‐21.5 NOISE LEVEL REDUCTION DUE TO DISTANCE = ‐14.1497335 NOISE OUTPUT DATA (dBA) PA2022-132 99 NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108 PROJECT:Sit Means Sit Dog Training and Kennel JOB #:3005‐2021‐1 SOURCE:Play Area DATE: 21‐Oct‐21 LOCATION:Nearest Adjacent Property Line BY:D. Shivaiah NOISE INPUT DATA OBS DIST= 10.0 DT WALL=5.0 DT W/OB= 5.0 HTH WALL=6.0 ******** BARRIER =0.0 (0=WALL,1=BERM) OBS HTH=5.0 NOISE HTH=2.0 BARRIER+ OBS EL =0.0 TOPO SHIELDING = ‐10.20 NOISE EL =0.0 NOISE HTH EL= 2.0 DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE) COFF DIST (FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 57.0 PROJ LEVEL 10 60.0 3.0 3.0 3.0 3.0 3.0 SHIELDING 10 ‐10.2 ‐10.2 ‐10.2 ‐10.2 ‐10.2 ‐10.2 ADJ LEVEL 10 49.8 ‐7.2 ‐7.2 ‐7.2 ‐7.2 ‐7.2 NOISE LEVEL REDUCTION DUE TO DISTANCE =3.01029996 NOISE OUTPUT DATA (dBA) PA2022-132 100 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 1 of 16 Updated - PRELIMINARY REPORT Title Contact Information: WFG National Title Company of California 500 Technology Drive, Suite 100 Irvine, CA 92618 Phone: (949) 430-3705 E-mail: RWalker@wfgtitle.com Title Officer: Rizza Walker Greg Velastegui Voit Real Estate Services 2020 Main Street Suite 100 Irvine, CA 92614 Order No.: 22-365591 Property Address: 1662 Orchard Drive Newport Beach, CA 92660 APN: 439-251-09, 439-251-10, 439-251-08 In response to the above referenced application for a policy of title insurance, WFG National Title Insurance Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance of describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien, or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit One attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit One. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy or policies of title insurance contemplated by this report is/are: ALTA® Homeowner's Policy (12-02-13) ALTA® Ext Loan Policy (06-17-06) Issued by WFG National Title Insurance Company Dated as of: May 4, 2022 at 7:30 am The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Hunt Enterprises Coastal LLC, a California limited liability company view image The land referred to in this report is situated in the State of California, County of Orange, and is described as follows: SEE ATTACHED EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF PA2022-132 101 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 2 of 16 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: APN 439-251-09 THAT PORTION OF LOT 18 OF TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 18, DISTANT NORTH 50° 09' 45" WEST, 70 FEET FROM THE EASTERLY CORNER OF SAID LOT 18, SAID POINT OF BEGINNING BEING THE NORTHERLY CORNER OF LAND, DESCRIBED AS PARCEL 1 IN DEED TO FORREST LEO RICHARDSON AND WIFE, RECORDED JUNE 2, 1952 IN BOOK 2337, PAGE 52 OF OFFICIAL RECORDS; THENCE SOUTH 39° 50' 40" WEST 165 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 TO THE NORTHEASTERLY LINE OF LAND DESCRIBED AS PARCEL 2 IN SAID DEED TO FORREST LEO RICHARDSON; THENCE NORTH 50° 09' 45" WEST ALONG SAID NORTHEASTERLY LINE, 65.09 FEET TO THE SOUTHEASTERLY LINE OF RIVERSIDE DRIVE, 60 FEET WIDE, AS SHOWN ON A MAP OF TRACT NO. 2581, AS PER MAP RECORDED IN BOOK 77, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; THENCE NORTH 39° 50' 40" EAST ALONG SAID SOUTHEASTERLY LINE, 165 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 50° 09' 45" EAST ALONG SAID NORTHEASTERLY LINE 65.09 FEET TO THE POINT OF BEGINNING. PARCEL 2: APN 439-251-10 THE SOUTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 70 FEET OF THE NORTHEASTERLY 165 FEET OF LOT 18 OF TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3:APN 439-251-08 THE SOUTHWESTERLY 67.00 FEET OF THE NORTHEASTERLY 232.00 FEET OF THE SOUTHEASTERLY HALF OF LOT 18, TRACT NO. 456, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, A PORTION OF SAID LAND BEING INCLUDED WITH RIVERSIDE DRIVE, AS PER MAP RECORDED IN BOOK 77, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 439-251-09, 439-251-10, 439-251-08 PA2022-132 102 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 3 of 16 At the date hereof exception to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1a. General and special taxes and assessments for the fiscal year 2022-2023, a lien not yet due or payable. 1b. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2021 - 2022: 1st Installment:$1,536.97, Paid 2nd Installment:$1,536.97, Paid APN.:439-251-08 Code Area:07-114 Said matter affects: Parcel 3 1c. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2021-2022: 1st Installment:$454.94, Paid 2nd Installment:$454.94, Paid APN.:439-251-09 Code Area:07-114 Said matter affects: Parcel 1 1d. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2021-2022: 1st Installment:$42.96, Paid 2nd Installment:$42.96, Paid APN.:439-251-10 Code Area:07-114 Said matter affects Parcel 2 1e. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 1f. Assessments, for community facility districts, if any, affecting said land which may exist by virtue of assessment maps or notices filed by said districts. 1g. The liens of bonds and assessments liens, if applicable, collected with the general and special taxes. 2. Water rights, claims or title to water, whether or not shown by the public records. 3. Covenants, conditions, restrictions and easements in the document recorded in Book 437, Page 231 of Deeds. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. Document(s) declaring modifications thereof recorded on June 21, 1960 in Book 5296, Page 239 of Official Records. 4. An easement for right of way for water pipe lines, ditches or other water conduits and rights incidental thereto, granted to Santa Ana Heighs Water Company, a corporation, as set forth in a document recorded on January 31, 1927 in Book 9, Page 416 of Official Records. Reference is hereby made to said document for full particulars. PA2022-132 103 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 4 of 16 5. Easements, Covenants and Conditions contained in the deed from Title Guarantee and Trust Company, a California Corporation, as Grantor, to J. W. Metcalf and Marion E. Metcalf, husband and wife as joint tenants, as Grantee, recorded on October 19, 1927 in Book 95, Page 104 of Official Records. Said matter affects: Parcel 2 Reference is hereby made to said document for full particulars. 6. Easements, Covenants and Conditions contained in the deed from Title Guarantee and Trust Company, a California Corporation, as Grantor, to Marguerite L. Bell, a married woman, as Grantee, recorded on October 19, 1927 in Book 95, Page 105 of Official Records. Said matter affects: Parcel 2 Reference is hereby made to said document for full particulars. 7. An easement for road and rights incidental thereto, as set forth in a document recorded on June 2, 1952, in Book 2337, Page 52 of Official Records. Reference is hereby made to said document for full particulars. 8. An easement for either or both pole lines, conduits and rights incidental thereto, as set forth in a document recorded on October 13, 1955 in Book 3245, Page 527 of Official Records. Reference is hereby made to said document for full particulars. 9. The terms, conditions and provisions contained in the document entitled "Santa Ana Heights Specific Plan, County of Orange Environmental Management Agency", recorded on May 4, 1990 as Instrument No. 90-235869, Official Records. Reference is hereby made to said document for full particulars. 10. The terms, conditions and provisions contained in the document entitled Memorandum of Cotract, dated April 27, 1999, by and between Lester B. Hahs and Alice Hahs, husband and wife as joint tenants and the County of Orange, recorded on May 7, 1999, as Instrument No. 19990336333, Official Records. Said matter affects: Parcel 2 Reference is hereby made to said document for full particulars. 11. The terms, conditions and provisions contained in the document entitled Memorandum of Contract, dated April 27, 1999, by and between Lester B. Hahs and Alice Hahs, husband and wife as joint tenants and the County of Orange, recorded on May 7, 1999, as Instrument No. 19990336341, Official Records. Said matter affects: Parcel 3 Reference is hereby made to said document for full particulars. 12. The effect of map purporting to show the land and other property, filed in Book 138, Page 28 to 32 of Record of Surveys. 13. The terms, conditions and provisions contained in the document entitled "Grant of Avigation", recorded on February 14, 2000 as Instrument No. 20000080471, Official Records. Said matter affects: Parcels 1 and 2 Reference is hereby made to said document for full particulars. PA2022-132 104 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 5 of 16 14. The terms, conditions and provisions contained in the document entitled "Grant of Avigation", recorded on February 14, 2020, as Instrument No. 20000080476, Official Records. Said matter affects: Parcel 3 Reference is hereby made to said document for full particulars. 15. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$850,000.00 Dated:March 25, 2021 Trustor:Hunt Enterprises Coastal LLC Trustee:First Santa Clara Corporation Beneficiary:Bank of the West Recorded:April 5, 2021 Instrument No.:2021000230464 of Official Records Said matter affects: Parcels 1 and 2 16. An unrecorded lease dated March 4, 2021: Disclosed by:Subordination Agreement - Lease Lessor:Hunt Enterprises Coastal LLC Lessee:O.C. Trained Canine, LLC Lender:Bank of the West Recorded:April 5, 2021 Instrument No.:2021000230465 of Official Records Matters affecting the present interest of the lessor or lessee are not shown herein. Said document provides that said Lease is subordinated to the Deed of Trust referred to as Item #15, above. Said matter affects: Parcels 1 and 2 17. An unrecorded lease March 4, 2021: Disclosed by:Subordination Agreement - Lease Lessor:Hunt Enterprises Coastal LLC Lessee:O.C. Trained Canine, LLC Lender:Bank of the West Recorded:April 5, 2021 Instrument No.:2021000230467 of Official Records Said document provides that said Lease is subordinated to the Deed of Trust referred to as Item #15, above Said matter affects: Parcels 1 and 2 18. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$562,500.00 Dated:March 25, 2021 Trustor:First Santa Clara Corporation Trustee:Bank of the West Beneficiary:Hunt Enterprises Coastal LLC, a California limited liability company PA2022-132 105 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 6 of 16 Recorded:April 5, 2021 Instrument No.:2021000230555 of Official Records Said matter affects: Parcel 3 19. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$450,000.00 Dated:March 25, 2021 Trustor:Hunt Enterprises Coastal LLC, a California limited liability company Trustee:First Santa Clara Corporation Beneficiary:Bank of the West Recorded:April 5, 2021 Instrument No.:2021000230557 of Official Records Said matter affects: Parcel 3 Note: in connection therewith, the following: Document Entitled:Substitution of Trustee and Full Reconveyance Dated:July 28, 2021 Executed in the Name of:Bank of the West Recorded:August 5, 2021 Instrument No.:2021000493808 Returned to address:Corporation Service Company, P.O Box 3008, Tallahassee, FL 32315 Upon receipt of evidence satisfactory to this company that the indebtedness and/or obligations secured by said deed of trust have been satisfied, we will supplement our report accordingly. 20. An unrecorded lease dated March 25, 2021: Disclosed by:Subordination Agreement - Lease Lessor:Hunt Enterprises Coastal LLC Lessee:O.C. Trained Canine, LLC Lender:Bank of the West Recorded:April 5, 2021 Instrument No.:20210002305558 of Official Records Matters affecting the present interest of the lessor or lessee are not shown herein. Said document provides that said Lease is subordinated to the Deed of Trust referred to as Item #19, above. Said matter affects: Parcel 3 21. Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$691,000.00 Dated:April 27, 2021 Trustor:Hunt Enterprises Coastal LLC Trustee:Ticor Title Company of California Beneficiary:CDC Small Business Finance Recorded:May 5, 2021 Instrument No.:2021000300486 of Official Records PA2022-132 106 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 7 of 16 Said matter affects: Parcels 1 and 2 According to the public records, the beneficial interest under said instrument was assigned: Assignee:United States Small Business Administration Recorded:May 5, 2021 Instrument No.:2021000300487 of Official Records 22. An unrecorded lease March 4, 2021: Disclosed by: Subordination Agreement Lessor:Hunt Enterprises Coastal LLC Lessee:O.C. Trained Canine, LLC Lender:CDC Small Business Finance Recorded:May 5, 2021 Instrument No.:2021000300489 of Official Records Matters affecting the present interest of the lessor or lessee are not shown herein. Said document provides that said Lease is subordinated to the Deed of Trust referred to as Item #21, above. Said matter affects: Parcels 1 and 2 23. The terms, conditions and provisions contained in the document entitled, "Third Party Lender Agreement" dated April 27, 2021, by and between Bank of the West ("Third Party Lender") and CDC Small Business Finance ("CDC"), recorded May 5, 2021 as Instrument No. 2021000300490 of Official Records. Said matter affects: Parcels 1 and 2 Reference is hereby made to said document for full particulars. 24. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$458,000.00 Dated:April 27, 2021 Trustor:Hunt Enterprises Coastal LLC Trustee:Ticor Title Company of California Beneficiary:CDC Small Business Finance Recorded:May 5, 2021 Instrument No.:2021000300503 of Official Records Said matter affects: Parcel 3 According to the public records, the beneficial interest under said instrument was assigned: Assignee:United States Small Business Administration Recorded:May 5, 2021 Instrument No.:2021000300504, of Official Records. 25. An unrecorded lease March 4, 2021: Disclosed by: Subordination Agreement Lessor:Hunt Enterprises Coastal LLC Lessee:O.C. Trained Canine, LLC Lender:CDC Small Business Finance Recorded:May 5, 2021 Instrument No.:2021000300506 of Official Records PA2022-132 107 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 8 of 16 Matters affecting the present interest of the lessor or lessee are not shown herein. Said document provides that said Lease is subordinated to the Deed of Trust referred to as Item #24, above. Said matter affects: Parcel 3 26. The terms, conditions and provisions contained in the document entitled, "Third Party Lender Agreement" dated April 27, 2021, by and between Bank of the West ("Third Party Lender") and CDC Small Business Finance ("CDC"), recorded May 5, 2021 as Instrument No. 2021000300507 of Official Records. Said matter affects: Parcel 3 Reference is hereby made to said document for full particulars. 27. The transaction contemplated in connection with this report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. END OF EXCEPTIONS PA2022-132 108 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 9 of 16 REQUIREMENTS Req. No. 1. Statements of information from all parties to the transaction are NOT required. Req. No. 2. With respect to Hunt Enterprises Coastal LLC, a California limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Req. No. 3. Determination of whether reporting is required under any applicable U.S. Department of Treasury FINCEN Geographic Targeting Order (GTO) and, if reporting under the GTO is required, providing to the Company the information and identity documents required to comply with the GTO and complete the report. PA2022-132 109 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 10 of 16 NOTES This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. Note 1: If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. Note 2: No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. Note 3: Special recordings: Due to a severe budget shortfall, many county recorders have announced that severe limitations will be placed on the acceptance of "special recordings." Note 4: Homeowners association: if the property herein described is subject to membership in a homeowners association, it will become necessary that we be furnished a written statement from the said homeowners association of which said property is a member, which provides that all liens, charges and/or assessments levied on said land have been paid. Said statement should provide clearance up to and including the time of closing. In order to avoid unnecessary delays at the time of closing, we ask that you obtain and forward said statement at your earliest convenience. Note 5: Demands: This Company requires that all beneficiary demands be current at the time of closing. If the demand has expired and a current demand cannot be obtained it may be necessary to hold money whether payoff is made based on verbal figures or an expired demand. Note 6: Line of credit payoffs: If any deed of trust herein secures a line of credit, we will require that the account be frozen and closed and no additional advances be made to the borrower. If the beneficiary is unwilling to freeze the account, we will require you submit to us all unused checks, debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating that no additional advances will be made under the credit line. If neither of the above is possible, it will be necessary to hold any difference between the demand balance and the maximum available credit. Note 7: Maps: The map attached hereto may or may not be a survey of the land depicted thereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. WFG National Title Company of California expressly disclaims any liability for alleged loss or damages which may result from reliance upon this map. Note 8: In the event of cancellation or if the transaction has not closed within 90 days from the date hereof, the rate imposed and collectable shall be a minimum of $360.00, pursuant to Section 12404 of the Insurance code, unless other provisions are made. Note 9: A Preliminary Change of Ownership Report (PCOR) must be filed with each conveyance in the County Recorder’s office for the county where the property is located. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a PCOR, the Recorder may charge an additional recording fee of twenty dollars ($20). State law also provides for a penalty of be levied if the Change of Ownership Report is not returned to the Assessor within a timely filing period. The penalty for failure to file a Change in Ownership Statement is $100 or 10% of the new tax bill, whichever is greater, but not to exceed $2,500. Note 10: As to any and all covenants and restrictions set forth herein, the following is added: “but omitting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, marital status, source of income (as defined in subdivision (p) of Section 12955), or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” PA2022-132 110 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 11 of 16 Note 11: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. Note 12: This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA Endorsement forms 100, 116 or 116.01 and if applicable, 115 and 116.02 attached. When issued, the CLTA endorsement form 116, 116.01 or 116.02, if applicable will reference Single Family Residence known as 1662 Orchard Drive, City of Newport Beach, County of Orange, California Note 13: The only conveyances affecting said land which recorded within twenty-four (24) months of the date of this report are: Grant Deed Grantor(s): Angela Thomas, Successor Trustee of The Alice A. Hahs Revocable Living Trust dated June 29, 2007 Grantee(s): Hunt Enterprises Coastal LLC, a California limited liability company Recorded Date: April 5, 2021 Recording No: (instrument) 2021000230463, of Official Records Grant Deed Grantor(s): Angela Thomas, Successor Trustee of The Alice A. Hahs Revocable Living Trust dated June 29, 2007 Grantee(s): Hunt Enterprises Coastal LLC, a California limited liability company Recorded Date: April 5, 2021 Recording No: (instrument) 2021000230554, of Official Records PA2022-132 111 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 12 of 16 Exhibit One (Rev. 06-15-14) CLTA STANDARD COVERAGE POLICY—1990 (4-8-14) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE—SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PA2022-132 112 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 13 of 16 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (b) zoning; (c) land use; (d) improvements on the Land; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum DollarLimit of Liability Covered Risk 16:1% of Policy Amount Shown in Schedule A or $2,500 $10,000.00 (whichever is less) Covered Risk 18:1% of Policy Amount Shown in Schedule A or $5,000 $25,000.00 (whichever is less) Covered Risk 19:1% of Policy Amount Shown in Schedule A or $5,000 $25,000.00 (whichever is less) Covered Risk 21:1% of Policy Amount Shown in Schedule A of $2,500 $ 5,000.00 (whichever is less) 2006 ALTA LOAN POLICY (06/17/06)) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. PA2022-132 113 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 14 of 16 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the public records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the state in which the land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in covered Risk 13(b) of this policy.. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART 1 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06/17/06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; PA2022-132 114 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 15 of 16 b) not Known to the Company, not recorded in the public records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in covered Risk 9 of this policy.. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. PA2022-132 115 Order No.: 22-365591 WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14) Page 16 of 16 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. PA2022-132 116 STATEMENT OF INFORMATION CONFIDENTIAL - TO BE USED ONLY IN CONNECTION WITH ORDER NO: 22-365591, ESCROW NO.: 22-365591AND PROPERTY ADDRESS: 1662 ORCHARD DRIVE, NEWPORT BEACH, CA 92660 1. IMPROVEMENTS: NONE/VACANT LAND SINGLE RESIDENCE MULTIPLE RESIDENCE COMMERICAL 2. OCCUPIED BY: OWNER TENANTS 3. CONSTRUCTION WITHIN LAST 6 MONTHS? YES NO IF YES, INDICATE WORK DONE: PARTY 1 FIRST MIDDLE NONE LAST FORMER LAST NAME(S), IF ANY BIRTHPLACE BIRTH DATE SOCIAL SECURITY NUMBER DRIVER’S LICENSE NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER PARTY 2 FIRST MIDDLE NONE LAST FORMER LAST NAME(S), IF ANY BIRTHPLACE BIRTH DATE SOCIAL SECURITY NUMBER DRIVER’S LICENSE NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER MARRIAGE SINGLE MARRIED UNMARRIED DATE OF MARRIAGE/DIVORCE: PARTY 1 RESIDENCES FOR LAST 10 YEARS ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) OCCUPATIONS FOR LAST 10 YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS PARTY 2 RESIDENCES FOR LAST 10 YEARS ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) OCCUPATIONS FOR LAST 10 YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS THE UNDERSIGNED DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON (DATE), AT (CITY). BY BY HOME TELEPHONE: HOME TELEPHONE BUSINESS TELEPHONE BUSINESS TELEPHONE EMAIL __________________________________________________ EMAIL___________________________________________________ PA2022-132 117 Disclosure to Consumer of Available Discounts Pursuant to California Code of Regulations Section 2355.3 In compliance with Section 2355.3 of the California Code of Regulations, if the current transaction involves an improved, one-to-four family, residential dwelling, the proposed insured may be entitled to certain cost reductions and/or discounts in their title insurance premiums and/or settlement service charges, pursuant to the programs listed below, and as further described in the Company’s current Schedule of Rates and Rules for the State of California, currently on file with the California Department of Insurance. The reductions and/or discounts available are: Electronic Commerce Expedited/Electronic Refinance Rates Group Title Discount Program Lender Special Rates 1, 2, 3 First Time Buyer(s)Limited Escrow Rates Senior Citizen Rate Home Equity Escrow Rate U.S. Military Rate REO Escrow Rate Consumer Direct Rates Group Rate Escrow Discount Disaster Loans Application of the Reductions and/or Discounts listed above shall be governed by the rules and requirements set forth in the Schedule of Rates and Rules on file in the office of the California Insurance Commissioner. Multiple programs may or may not be applied. Pursuant to the above referenced California Code of Regulations Section, neither provision nor acceptance of this form shall constitute a waiver of the consumer's right to be charged the filed rate. With the receipt of the Preliminary Report to which this Disclosure Form is attached, the proposed insured acknowledges that they have been notified that they may be entitled to certain cost reductions and/or discounts, as listed above and as more particularly described in the Company’s Schedule of Rates and Rules, currently on file in the office of the Insurance Commissioner of the State of California. PA2022-132 118 Plain English Privacy Statement for Appraisal, Title & Escrow Customers WFG believes it is important to protect your privacy and confidences. We recognize and respect the privacy expectations of our customers. We believe that making you aware of how we collect information about you, how we use that information, and with whom we share that information will form the basis for a relationship of trust between us. This Privacy Policy provides that explanation. We reserve the right to change this Privacy Policy from time to time. Williston Financial Group, LLC, WFG National Title Insurance Co. and each of the affiliates listed below (collectively “WFG” or the “WFG Family”) are obligated to comply with Federal and state privacy laws. While there are some common requirements to those laws, the definitions and duties differ significantly from law-to-law and state-to-state. A privacy statement drafted to comply with all of the applicable privacy laws and their differing definitions would likely be confusing. Therefore, in an attempt to better communicate our privacy policies, WFG designed this “Plain English” explanation, followed by the Gramm-Leach-Bliley Act model form and website links to State-Specific Privacy Notices in order to provide you with the complete, legal privacy notices and disclosures required under Federal and applicable State Laws. WFG’s primary business is providing appraisal, title insurance and, escrow services for the sale or refinance of real property. This can be a complicated process, involving multiple parties, many of whom have been selected by our customers, each filling a specialized role. In part, you have hired WFG to coordinate and smooth the passage of the information necessary for an efficient settlement or closing. In the course of this process, WFG collects a significant amount of personal and identifying information about the parties to a transaction, including sensitive items that include but are not limited to: your contact information including email addresses, Social Security numbers, driver’s license and, other identification numbers and information; financial, bank and insurance information; information about past and proposed mortgages and loans; about properties you currently or previously owned; your mortgage application package; and the cookie, IP address, and other information captured automatically by computer systems. Much of this information is gathered from searches of public land records, tax, court and credit records to make certain that any liens, challenges, or title defects are addressed properly. Some of the information that is collected is provided by you, or the computer systems you use. We also may receive information from real estate brokers and agents, mortgage brokers and, others working to facilitate your transaction. We also may receive information from public, private or governmental databases including credit bureaus, ‘no-fly’ lists, and terrorist ‘watch lists’ , as well as from your lenders and credit bureaus. What Information is Shared? WFG DOES NOT SELL any of your information to non-affiliated companies for marketing or any other purpose. However, some of the same information does get shared with persons inside and outside the WFG Family in order to facilitate and complete your transaction. For example: Information, draft documents, and closing costs will pass back and forth between WFG and your mortgage broker and lender to facilitate your transaction. Information, including purchase agreements and amendments, will pass back and forth between WFG and the real estate agents and brokers, the mortgage brokers and lenders, the lawyers and accountants, and others involved in facilitating the transaction. WFG may order property searches and examinations from title searchers, abstractors and title plants. WFG may use third parties to obtain tax information, lien information, payoff information, condominium and, homeowners’ association information and payoff information. Third parties may be engaged to prepare documents in connection with your transaction. Surveys, appraisals and, inspections may be ordered. PA2022-132 119 Within the WFG Family of companies, we may divide up the work to handle each closing in the most efficient manner possible and to meet specific legal and licensing requirements. Certain parts of your closing (for example a search or disbursement) may be handled by another division or company within the WFG Family. When it is time for signatures, your complete closing package may be sent to a notary, remote online notary, or notary service company who will arrange to meet with you to sign documents. The notary will, in turn, send signed copies back to us along with copies of your driver’s license or other identity documents usually by mail, UPS, Federal Express or another courier service. Your deed, mortgage and other documents required to perfect title will be recorded with the local recorder of deeds. In some cases, we use an outside service to coordinate the recording or electronic-recording of those instruments, and they will receive copies of your deeds, mortgages and other recordable documents to process, scan and send on to the recording office. Various government agencies get involved. The law requires us to provide certain information to the IRS, the US Treasury, local and state tax authorities and other governmental agencies. You have a choice in the selection of a mortgage broker, lender, real estate broker or agent and others that make up your ‘transaction team.’ Information flows to and from the members of the transaction team you have selected to facilitate an efficient transaction for you. When WFG selects and engages a third-party provider, we limit the scope of the information shared with that third party to the information reasonably necessary for that service provider to provide the requested services. With most, we have entered into express agreements in which they expressly commit to maintain a WFG customer’s information in strict confidence and use the information only for purposes of providing the requested services, clearing title, preventing fraud and addressing claims under our title insurance policies. How does WFG use your Information? We may use your personal information in a variety of ways, including but not limited to: Provide the products, services and title insurance you have requested and to close and facilitate your transaction. Coordinate and manage the appraisal process. Handle a claim or provide other services relating to your title insurance policies. Create and manage your account. Operate and improve WFG’s applications and websites, including WFG MyHome®, WFG’s secure communication and transaction portal. Your information is used for access management, payment processing, site administration, internal operations, troubleshooting, data analysis, testing, research, and for statistical purposes. Respond to your requests, feedback, or inquiries. Comply with laws, regulations, and other legal requirements. Comply with relevant industry standards and our policies, including managing WFG’s risk profile through reinsurance. Protect and enforce your rights and the rights of other users against unlawful activity, including identity theft and fraud. Protect and enforce our collective rights arising under any agreements entered into between WFG and you or any other third party; Protect the integrity and maintain security of our applications, websites, and products; Operate, evaluate, and improve our business; and Provide you with information about products, services, and promotions, from WFG or third parties that may interest you. How Do We Store and Protect Your Personal Information? Although no system can guarantee the complete security of your personal information, we will use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information and our systems and sites from malicious intrusions or hacking. PA2022-132 120 How Long Do We Keep Your Personal Information? We keep your personal information for as long as necessary to comply with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. We may store some personal information indefinitely. If we dispose of your personal information, we will do so in a way that is secure and appropriate to the nature of the information subject to disposal. Computer Information When you access a WFG website, or communicate with us by e-mail, we may automatically collect and store more information than you are expressly providing when you fill out a survey or send an email. This may include: •Your IP Address. •Your email address, your alias and, social media handles. •The type of browser and operating system you use. •The time of your visit. •The pages of our site you visit. •Cookies. In order to provide you with customized service, we make use of Web browser cookies. Cookies are files that help us identify your computer and personalize your online experience. You may disable cookies on your computer, but you may not be able to download online documents or access certain sites unless cookies are enabled. The technical information we collect is used for administrative and technical purposes and to prevent fraud and provide identity verification. For instance, we may use it to count the number of visitors to our site and determine the most popular pages. We may also use it to review types of technology you are using, determine which link brought you to our Web site, assess how our advertisements on other sites are working, help with maintenance, and improve our customers’ experience. We may compare information gathered on previous visits to verify that we are interacting with the same parties and not a potential imposter. If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes indicated in those forms or surveys. The information you and your transaction team send us in emails or attached to an email, or provide through any of our online tools, is used for purposes of providing title, escrow and appraisal management services and used for the purposes described above. Links to Third Party Sites Our Applications and Websites may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to WFG’s applications and websites only. Do Not Track Because there is not an industry-standard process or defined criteria to permit a user to opt-out of tracking their online activities (Do Not Track or DNT), our websites do not currently change the way they operate based upon detection of a "Do Not Track" or similar signal. Likewise, we cannot assure that third parties are not able to collect information about your online activities on WFG websites or applications. Social Media Integration Our applications, websites, and products contain links to and from social media platforms. You may choose to connect to us through a social media platform, such as Facebook, Twitter, Google, etc. When you do, we may collect additional information from or about you, such as your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform. The social media platforms may also collect information from you. When you click on a social plug-in, such as Facebook's "Like" button, Twitter's "tweet" button or the Google+, that particular social network's plugin will be activated and your browser will directly connect to that provider's servers. Your action in clicking on the social plug-in causes information to be passed to the social media platform. PA2022-132 121 We do not have control over the collection, use and sharing practices of social media platforms. We, therefore, encourage you to review their usage and disclosure policies and practices, including their data security practices, before using social media platforms. How Can You “Opt-Out?” We do not sell your information; therefore there is no need to opt-out of such reselling. Under various laws, you can opt- out of the sharing of your information for more narrow purposes. For additional detail, consult the Links under the “Legal” Notices attached below. The “Legal” Notices To comply with various federal and state laws, we are required to provide more complete legal notices and disclosures. In reviewing these, you will find that these notices incorporate the definitions and terminology used in the respective privacy laws which can often be somewhat convoluted and may even seem inconsistent with the descriptions above. The state- specific statutes may also give residents of those states additional rights and remedies. Privacy Notice for California Residents - https://national.wfgnationaltitle.com/privacy-notice-california Privacy Notice for Oregon Residents - https://national.wfgnationaltitle.com/privacy-notice-oregon How to Contact Us If you have any questions about WFG’s privacy policy or how we protect your information, please contact WFG: • By email: Consumerprivacy@willistonfinancial.com • By telephone: 833-451-5718 • By fax: 503-974-9596 • By mail: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 • In-person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 WFG FAMILY WILLISTON FINANCIAL GROUP LLC WFG NATIONAL TITLE INSURANCE COMPANY WFG LENDER SERVICES, LLC WFGLS TITLE AGENCY OF UTAH, LLC WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC WFG NATIONAL TITLE COMPANY OF CALIFORNIA WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY UNIVERSAL TITLE PARTNERS, LLC VALUTRUST SOLUTIONS, LLC WILLISTON ENTERPRISE SOLUTIONS & TECHNOLOGY, LLC WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/B/A WFG NATIONAL TITLE Revised 6.12.20 PA2022-132 122 Rev. 12/2019 FACTS WHAT DOES WILLISTON FINANCIAL GROUP DO WITH YOUR PERSONAL INFORMATION? Why?Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What?The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and other government identification information Your name, address, phone, and email Information about the property, any liens and restrictions Financial Information including credit history and other debt Financial account information, including wire transfer instructions. How?All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Williston Financial Group chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Williston Financial Group share?Can you limit this sharing? For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes— to offer our products and services to you Yes No For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes— information about your transactions and experiences Yes No For our affiliates’ everyday business purposes— information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share For nonaffiliates to market to you No We don’t share To limit our sharing Call 833-451-5718—our menu will prompt you through your choice(s) Visit us online: http://bit.ly/WFGsConsumerPrivacyInformationRequestPage or e-mailing us at consumerprivacy@willistonfinancial.com Mail the form below Please note: If you are a new customer, we can begin sharing your information from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. Questions?Call 833-451-5718 or Email consumerprivacy@willistonfinancial.com - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- Mail-In Form Mark any/all you want to limit: [ ] Do not share information about my creditworthiness with your affiliates for their everyday business purposes. [ ] Do not allow your affiliates to use my personal information to market to me. [ ] Do not share my personal information with nonaffiliates to market their products and services to me. Name Address City, State, Zip If you have a joint policy, your choices will apply to everyone on your account. File Number Mail to: Williston Financial Group PRIVACY DEPT 12909 SW 68th Pkwy, #350 Portland, OR 97223 PA2022-132 123 Page 2 Who we are Who is providing this notice Williston Financial Group, LLC and its affiliates and subsidiaries as listed below: What we do How does Williston Financial Group protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We limit access to your information to employees that need to use the information to process or protect transaction. We take industry standard (IPSEC) measures to protect against malicious intrusions or hacking How does Williston Financial Group collect my personal information? We collect your personal information, for example, when you Apply for insurance Engage us to provide appraisal, title and escrow services Give us your contact information Provide your mortgage information Show your driver’s license We also collect your personal information from others, such as real estate agents and brokers, mortgage brokers, lenders, credit bureaus, affiliates, and others Why can’t I limit all sharing?Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes— information about your creditworthiness affiliates from using your information to market to you sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your policy. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include companies with a common corporate identity, including those listed below. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffilliates we share with can include real estate agents and brokers, mortgage brokers, lenders, appraisers, abstractors and title searchers and others as appropriate to facilitate your transaction. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Williston Financial Group does not jointly market. Other important information As a resident or citizen of certain states, we may have to provide additional state specific privacy notices and you may have rights other than as set forth above. The links below will provide state specific information: Privacy Notice for California Residents - https://national.wfgnationaltitle.com/privacy-notice-california Privacy Notice for Oregon Residents - https://national.wfgnationaltitle.com/privacy-notice-oregon PA2022-132 124 Attachment No. PC 4 Project plans including Photo Simulations 125 INTENTIONALLY BLANK PAGE126 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 127 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 128 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 129 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 130 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 131 PA2022-132 Attachment No. PC 4 - Project Plans including Photo Simulations 132 Attachment No. PC 5 Lot Merger Exhibits 133 INTENTIONALLY BLANK PAGE134 135 136 137 138 139 Planning Commission - February 23, 2023 Item No. 3a - Additional Materials Received Sit Means Sit for Dogs Commercial Kennel (PA2022-132) 1 Rodriguez, Clarivel Subject:FW: Sit Means Sit Facility From: Whelan, Melinda <MWhelan@newportbeachca.gov> Sent: February 22, 2023 3:18 PM To: Rodriguez, Clarivel <CRodriguez@newportbeachca.gov> Cc: Westmoreland, Liz <LWestmoreland@newportbeachca.gov> Subject: FW: Sit Means Sit Facility Here is another letter from a neighbor for Sit Means Sit. Please add to the record, thank you. From: Kyle Anderson <trestle50@yahoo.com> Sent: February 22, 2023 3:12 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Re: Sit Means Sit Facility [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Melinda Whelan and members of the Planning Commission, I am writing this letter as a concerned neighbor and resident of Newport Beach. I would like to voice my concerns and opposition to the Sit Means Sit Facility on Orchard Street. I would like to voice my opposition in public but unfortunately I will have to list them here as I am busy tomorrow night. First the facility as proposed does impact the entire neighborhood and will only make the problems I list worse. The large amount of dogs already is a nuisance and there is constant dog barking all day. At feeding time the noise is extremely load. Hundreds of dogs are walked around the neighborhood daily. I have to pick up after the kennel dogs on a weekly basis. Even when the dog walkers do pick up after the dogs they do on occasionally leave runny dog excrement all over my lawn and sidewalk. The sheer number of dogs causes this problem to persist all year long. My kids like to play and use sidewalk chalk on my driveway and sidewalk and its a constant battle to keep the area clean. I have been bitten by a dog from one of the kennels on Riverside picking up my newspaper in the morning. Like I mentioned my kids like to play out front and adding more dogs to the neighborhood would only make this scenario more likely. I shouldn't be afraid to have my kids play in front of my own house. The neighborhood already has hundreds of dogs in it from the kennels and I cannot see how this makes the neighborhood better. All the residents shouldn't have to suffer extra hazards and inconveniences from another kennel facility. Planning Commission - February 23, 2023 Item No. 3a - Additional Materials Received Sit Means Sit for Dogs Commercial Kennel (PA2022-132) 1 Rodriguez, Clarivel Subject:FW: Sit Means Sit Residential for Dogs Commercial Kennel (PA2022-132) ‐‐‐‐‐Original Message‐‐‐‐‐ From: Thomas Fischbacher <tfisch926@gmail.com> Sent: February 23, 2023 4:43 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Subject: Sit Means Sit Residential for Dogs Commercial Kennel (PA2022‐132) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Melinda, I hope I am not too late to comment on PA2022‐132. I have been volunteering in the area of Orchard and Riverside Drive in Newport Beach for the last year and have become relatively familiar with the neighborhood. It is my opinion that the listed project would enhance the neighborhood. The addition of on‐site parking, enclosed kennels, on‐site exercise/ training area and the limitation of (16) dogs at the location is better than most existing uses in the area. The improvements to the property and merging of the lots would not be detrimental to the neighborhood; it would actually enhance and responsibly develope the property well within the existing Zoning and Municipal Codes. Thank you for your consideration, Tom Fischbacher Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Received After Deadline Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Sit Means Sit Planning Commission Public Hearing February 23, 2023 Melinda Whelan, Assistant Planner Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Aerial Map 2Community Development Department Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) RK District and Surrounding UsesPlanning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) 4Community Development Department Existing SFR Grass Training Area 2-Car Garage + Storage Kennels Parking Area Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Operational Characteristics •Home with Board and Train •Owner/Manager -present at all times, living on-site •Appointment only; no walk-ins •Maximum 16 dogs •Hours from 8am to 6pm; •Max 5 dogs in outdoor area from 9 a.m. to 7 p.m. •Sound compliant •Sound wall provided •Parking on-site •3 spaces for business use including new ADA stall •2 spaces in garage for residential use Community Development Department - Planning Division 5 Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) CUP Findings •Consistent with General Plan andZoning •Noise analysis •Design fits with the neighborhood anduse •All parking provided on-site •Conditions of Approval •Noise Wall •Number of dogs restricted Community Development Department - Planning Division 6 Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Lot Merger Findings •Contiguous lots with same zoning •Merging land locked property •Consistent with Title 19 Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Community Development Department - Planning Division 8 Site Use Residence?Existing Kennel? Max. Dogs Hours Parking Waived? Appt. Based? Sit Means Sit Board and Train YES NO 16 8 a.m. – 6 p.m. NO 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 Amore Dog Rescue YES YES 29 8 a.m. – 7 p.m. YES YES Comparison of Project with Previous City Approvals Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Community Development Department - Planning Division 9 Complaints and Code-Related Investigations for Riverside Drive Since 2018 •Code Enforcement Cases o 3 barking dog complaints at kennels that do not have a CUP o 3 parking-related issues at Dog Republic Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Recommended Action •Conduct a public hearing •Find project exempt from CEQA •Adopt Resolution No. PC2023-009 approving Conditional Use Permit and Lot Merger Community Development Department - Planning Division 10 Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) 11 Questions and Discussion Melinda Whelan, Assistant Planner 949-644-3221, mwhelan@newportbeachca.gov PLANNING COMMISSION February 23, 2023 Planning Commission - February 23, 2023 Item No. 3b - Additional Materials Presented at the Meeting by Staff Sit Means Sit for Dogs Commercial Kennel (PA2022-132) KENNEL PROPOSAL 1662 ORCHARD DRIVE, NEWPORT BEACH, CA Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Not a part Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Our Trainers Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Previously aggressive dog being evaluated by OC Animal Control Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Therapy Dog Programs Community Outreach Donating Service Dogs To Veterans Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132) Planning Commission - February 23, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Applicant Sit Means Sit for Dogs Commercial Kennel (PA2022-132)