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Home My WebLink About1.0_Campbell Animal Keeping Appeal_Staff Presentation_PA2022-098Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov 1 APPEAL OF CAMPBELL ANIMAL KEEPING REASONABLE ACCOMMODATION Planning Commission, January 4, 2024 Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) 1691 ORCHARD DRIVE 2March 24, 2023 Photo taken by Animal Control Officer Nick Ott Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) PROPERTY LOCATION 3 Subject Property Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) CITY ZONING DISTRICTS 4 Maximum Number of Chickens Permitted ZONE MINIMUM LOT SIZE MAXIMUM NUMBER PERMITTED Residential Single-Family District: SP-7 (RSF) (Subject Property) 7,200 square feet 0 Residential Equestrian District: SP-7 (REQ)19,800 square-feet 6 Residential-Agricultural (R-A)15,000 square-feet 2 •Santa Ana Heights annexed in 2008 •Section 20.90.080 of the Newport Beach Municipal Code requires that any nonconforming maintenance of animals shall be terminated within one year (2009) in RSF Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) PHOTOS OF PROPERTY CONDITIONS 5 October 25, 2021 Photo taken by neighboring resident at 1701 Orchard Drive Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) PHOTOS OF PROPERTY CONDITIONS 6March 24, 2023 Photo taken by Animal Control Officer Nick Ott Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) TIMELINE OF EVENTS 7 March 2021 - First complaint regarding the keeping of chickens March 2021 - Notice of Violation issued by Animal Control May 2022 - Animal Control Officer Ott referred the case to Planning for reasonable accommodation consideration May 2022 - Ms. Campbell applied for a reasonable accommodation for 10 chickens Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) APPLICANT’S REQUEST FOR REASONABLE ACCOMMODATION 8 •Reasonable accommodations can allow an individual with a disability an equal opportunity to use and enjoy a dwelling •Zoning District prohibits the keeping of any livestock, including chickens •The applicant requests keeping 10 chickens •Applicant provided letters from her physicians to support the request •Additional physician letters were also provided as additional materials Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) HEARING OFFICER DECISION 9 •Hearing Officer hearing held on July 13, 2023 •Closed private hearing •Decision to allow 3 chickens instead of 10 •Redacted determination for approval was published by the City on August 11, 2023 Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) APPEAL 10 •Appeal filed by the applicant on August 25, 2023 •Applicant indicates 3 chickens is notadequate to provide the service that 10chickens would provide •Stated that incomplete information caused aninaccurate assessment of the risk ofnuisance to neighbors/neighborhood Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) JUSTIFICATION FOR 3 CHICKENS 11 •Allow 3 chickens based on the following considerations: •Would allow the individual an opportunity to use and enjoy the dwelling •Appropriate yard space •Minimal keeping of livestock is compatible with land uses in the area•Livestock expert from OC Animal Care indicated that 3 chickens is sufficient from a humane standpoint Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) JUSTIFICATION FOR 3 CHICKENS 12 •Concerns regarding coyotes, vermin, and safety of residents according to Officer Ott •Neighbor complaints regarding smell, noise, and cleanliness Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) RELEVANT CONDITIONS 13 •The maximum number of chickens on-site at any one time shall be 3. • No male chickens or roosters are permitted. •The chickens shall be housed in the coop from 9:00 p.m. to 6:00 a.m., daily. •The required side yard and rear yard setbacks for the coop is 25 feet. •Animal enclosures shall be free from trash and animal waste to discourage flies and other disease vectors •The Applicant shall collect/dispose any animal waste, uneaten feed, or other matter that emits an offensive odor or encourages the breeding of flies or other insects daily. •If the Property becomes under new ownership, the chickens and chicken coop shall be removed from the Property within 30-days. Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) MODIFICATIONS TO RESOLUTION 14 •Handwritten page 17: “THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS…” •Handwritten page 20: Fact 8 in support of Finding B, grammatical correction to strike the word “which” •Handwritten pages 23 and 24: corrections accepted as presented •Handwritten pages 29 and 30: Reference to Hearing Officer will be revised to reference Planning Commission Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) RECOMMENDED ACTION 15 •Conduct a de novo public hearing; •Find this project exempt from CEQA; •Adopt Resolution No. PC2024-001 denying the appealand upholding and affirming the Hearing Officer’sapproval of a Reasonable Accommodation for 3chickens as revised Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098) QUESTIONS AND DISCUSSION Jenny Tran, Assistant Planner 949-644-3212, jtran@newportbeachca.gov 16 Planning Commission - January 4, 2024 Item No. 1b - Additonal Materials Presented at the Meeting Campbell Animal Keeping Appeal (PA2022-098)