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HomeMy WebLinkAboutPC2023-009 - APPROVING A CONDITIONAL USE PERMIT AND LOT MERGER FOR A COMMERCIAL KENNEL LOCATED AT 1662 ORCHARD DRIVE (PA2022-132)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 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: 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. 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 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 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. 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 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. 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, 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: Ellmore, Klaustermeier, Harris, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None BY :-->occC~✓~---=---­ Curtis Ellmore, Chair BY: <;;l;tl3 -----------Sarah Klaustermeier, Secretary 01-17-23 Planning Commission Resolution No . PC2023-009 Pa e 11 of 15 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 shall be kept in the kennel building, and all exterior doors should be closed. 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 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. 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.