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HomeMy WebLinkAboutZA2024-029 - APPROVING A MINOR USE PERMIT FOR AN ANIMAL BOARDING FACILITY LOCATED AT 1555, 1557, AND 1559 PLACENTIA AVENUE (PA2023-0248)RESOLUTION NO. ZA2024-029 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A MINOR USE PERMIT FOR AN ANIMAL BOARDING FACILITY LOCATED AT 1555, 1557, AND 1559 PLACENTIA AVENUE (PA2023-0248). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rosanne Faul (Applicant), concerning the property located at 1555, 1557, and 1559 Placentia Avenue, and legally described as Lot 1 and a portion of Lot 2 of Tract 3145 (Property) requesting approval of a minor use permit. 2. The Applicant proposes to merge three vacant commercial suites for a 6,600-square-foot animal daycare and grooming establishment within an existing commercial building. The Applicant will provide overnight boarding of animals with staff on-site at all times. The establishment also provides ancillary animal grooming services. All animal boarding and grooming activities are proposed to remain within the interior of the building (Project). 3. The Property is located within the Industrial (IG) Zoning District and the General Industrial (IG) General Plan Land Use Element category. The Industrial Zoning District is intended to provide a wide range of moderate to low intensity industrial uses and limited accessory commercial and office uses. 4. The Property is not located within the coastal zone. 5. A public hearing was held on May 16, 2024, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption authorizes the conversion of up to four commercial buildings from one use to another, not exceeding 10,000 square feet in floor area where only minor modifications are made to the exterior of the structure. The Project is for an animal boarding and grooming establishment within an existing 6,600 square foot commercial building, with minor modifications to the exterior of the building. Therefore, the Class 3 exemption is applicable. Zoning Administrator Resolution No. ZA2024-029 Page 2 of 9 01-17-23 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Property 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 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designated this Property as General Industrial (IG), which is intended to provide a wide range of moderate to low intensity industrial uses, and limited ancillary commercial and office uses. The Project is an indoor-only animal boarding and grooming establishment which is an ancillary commercial use and is therefore consistent with the General Plan land use designation. 2. The Property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located within the Industrial (IG) Zoning District. The Industrial District is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses and limited accessory commercial and office uses. Table 2-12 of NBMC Section 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements) allows an animal boarding use subject to approval of a minor use permit and allows an animal grooming use by right. An animal boarding use is defined as an establishment where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, raised, or offered for sale for any form of compensation including donations by a person or entity. The Project would therefore be categorized as an animal boarding use by the NBMC and require approval of a minor use permit to allow operation. Zoning Administrator Resolution No. ZA2024-029 Page 3 of 9 01-17-23 2. NBMC Section 20.40.040 (Off-Street Parking Spaces Required) requires an off-street parking rate of one space per 400 square feet of gross floor area for animal boarding and grooming land uses. The existing building has 6,600 square feet of gross floor area, which requires 17 parking spaces (6,600 sq. ft. / 400 sq. ft = 16.5 = 17 parking spaces). The Property includes an on-site surface parking lot which is proposed to be striped with 17 parking spaces. Therefore, the Project complies with the minimum parking required by the NBMC. 3. As conditioned, the Project shall comply with NBMC Chapter 7.35 (Regulation of Kennels), which requires the operator to obtain an Operator’s Permit from the Police Department. The maximum number of animals allowed by an Operator’s Permit is 59 at any given time. The Operator’s Permit will ensure the proper care, health, and safety of animals is maintained by the Operator. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Project is compatible with the existing and allowed uses in the area, which consists of light industrial uses along Production Place such as metal, plastic, and packaging facilities. Additionally, the Property is near multi-residential developments such as the Ebb Tide residences to the east across Placentia Avenue and the Newport Villa Apartments to the south. 2. The Project includes an interior remodel and alteration of a vacant commercial building with three existing suites. Each existing suite is 2,200 square feet in gross floor area and are proposed to be combined into one, 6,600-square-foot suite for the Project. There will not be an increase in size of the existing building. 3. The Project will be conditioned to provide adequate trash storage facilities in an enclosed area to prevent any odor or related issues for the adjacent properties. 4. The Project complies with the off-street parking requirement of 17 spaces. Therefore, there is not an anticipated impact or increase in demand for on-street parking on Production Place or other nearby streets. 5. As conditioned, the allowed drop off and pick up of animals will be between the hours of 6:30 a.m. and 7:00 p.m. Monday to Friday and 7:00 a.m. to 7:00 p.m. Saturday and Sunday and with the overnight boarding of animals allowed daily. These hours of operation will minimize disturbances to the nearby residential uses. 6. The Public Works Department, Building Division, Fire Department, and Police Department have reviewed the application. The Project is required to obtain all applicable Zoning Administrator Resolution No. ZA2024-029 Page 4 of 9 01-17-23 permits from the City Building, Fire, and Police Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Property is 19,204 square feet in area, rectangular in shape, and located near industrial and residential uses. The Property has vehicular access along Placentia Avenue and Production Place. Since the parking lot is one-way for vehicles, patrons are to enter from Production Place and exit onto Placentia Avenue. Pedestrian access is also available from Placentia Avenue and Production Place. 2. The on-site parking lot on the rear of the Property will provide the drop-off and pick up area for the patrons of this establishment. This area is reasonably screened from the Placentia Avenue public right-of way. A wall approximately eight feet tall currently exists between the Property and the adjacent Newport Villa Apartments which provides visual screening and additional sound attenuation. 3. The improvements to the Property will comply with all Building, Public Works, and Fire Codes. The Project shall comply with all applicable ordinances of the City and all conditions of approval. 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. The Project will add an animal service business to the neighborhood and occupy a corner building that is currently vacant. 2. The Project includes limited hours and is conditioned to limit all animal boarding and grooming activities within the building. The Project meets the parking requirements and there is not an anticipated impact or increase in demand for on-street parking in this area. 3. The existing building on the Property is constructed of 6-inch solid concrete walls with an insulated roof which will aid in the attenuation of noise to the surrounding neighborhood. The Applicant is proposing to construct an interior water-proofed soffit for Zoning Administrator Resolution No. ZA2024-029 Page 5 of 9 01-17-23 additional soundproofing. The Project has been conditioned to keep all doors and windows closed to reduce the potential of noise disturbances to the surrounding community. The Project has also been conditioned to provide an acoustic analysis and implement any additional sound attenuation measures if deemed necessary by the Community Development Director. 4. The Project has been conditioned to provide adequate trash storage facilities in an enclosed area to prevent odor or related issues for the adjacent properties. 5. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. Based on the NBMC requirements and the proposed conditions of approval, the Project will not result in a detriment to the surrounding community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator 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 and Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit filed as PA2023-0248 subject to the conditions outlined 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 if filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MAY 2024. Zoning Administrator Resolution No. ZA2024-029 Page 6 of 9 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The Project shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Minor Use Permit. 4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to the Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans shall require review by the Planning Division. An amendment to this Minor Use Permit or the processing of a new minor use permit may be required. 6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 7. All Project signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 8. The screening of roof-mounted and ground-mounted mechanical equipment shall be required in all zoning districts at the time of new installation or replacement in conformance with Section 20.30.020 (Buffering and Screening) of the NBMC. 9. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 10. The Property shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. Zoning Administrator Resolution No. ZA2024-029 Page 7 of 9 01-17-23 The Director may order the dimming of light sources or other remediation upon finding that the Property is excessively illuminated. 11. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 13. 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 leasing agent. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from the view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 16. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 17. The exterior of the business shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Zoning Administrator Resolution No. ZA2024-029 Page 8 of 9 01-17-23 18. Storage outside of the building in the front or at the rear of the Property shall be prohibited, except for the required trash container enclosure. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 21. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 22. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 23. The allowed hours of operations for drop off and pick up of animals for the establishment shall be limited to the hours of 6:30 a.m. to 7:00 p.m. Monday to Friday and 7:00 a.m. to 7:00 p.m. Saturday and Sunday. The overnight boarding of animals shall be allowed daily. 24. The number of animals at the premises shall be limited to 59 at any given time. 25. All operations associated with the use shall remain within the interior of the building, except for the drop-off and pick-up of animals. 26. The patrons and their animals shall not loiter outside the building (i.e., parking lot) to reduce noise impact to the surrounding neighborhood. The operator shall ensure that animals on the Property do not create nuisances to the surrounding neighborhood. 27. Prior to issuance of certificate of occupancy, the on-site parking lot shall be striped with a minimum of 17 parking spaces consistent with the approved plan. 28. All employees of this establishment shall park in the on-site parking lot at all times. 29. The Applicant shall keep all doors and windows closed at all times, except when patrons enter and exit the establishment. 30. Once the use is operational, the Community Development Director may require the applicant to provide an acoustical analysis and implement any additional sound attenuation measures if necessary. Zoning Administrator Resolution No. ZA2024-029 Page 9 of 9 01-17-23 31. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Doggie Daycare Boarding and Grooming including, but not limited to, Minor Use Permit (PA2023-0248). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Building Division 32. The Applicant shall 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. 33. The Applicant shall employ the following best available control measures (BACMs) to reduce construction-related air quality impacts: Public Works Department 34. The parking layout shall comply with City Standard 105. 35. The traffic directional pavement markings and signage shall comply with the latest Caltrans standard plans and California MUTCD. 36. Driveway approach on Production Place shall be reconstructed to align with the one- way drive aisle. Police Department 37. Prior to the building permit final, the Applicant shall obtain approval of a Kennel Operator’s Permit from the Chief of Police in compliance with Municipal Code Chapter 7.35 (Regulation of Kennels).