Loading...
HomeMy WebLinkAbout4.0 - The Dog Republic - PA2015-199 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 18, 2016 Meeting Agenda Item No. 4 SUBJECT: The Dog Republic (PA2015-199) 20281 Riverside Drive Conditional Use Permit No. UP2015-043 APPLICANT: The Dog Republic, LLC OWNER: Elite Investment MGMT, LLC PLANNER: Benjamin M. Zdeba, AICP, Associate Planner (949) 644-3253, bzdeba@newportbeachca.gov PROJECT SUMMARY A conditional use permit to establish a commercial kennel in conjunction with an existing single-family residence. The applicant proposes to construct an approximately 900- square-foot single-story building and a partially covered, fenced exercise area in the rear yard to board up to 29 dogs. Also included is a request to reduce the required off- street parking for both the residential and commercial uses. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Conditional Use Permit No. UP2015-043 (Attachment No. PC 1). 1 V� QP �P The Dog Republic Planning Commission, February 18, 2016 Page 2 VICINITY MAP Q yy O � k R r v�Y v / I GENERAL PLAN ZONING / JP ♦ J . FF • 1 pF ✓ F F ' J J 'r., h. J i d' F F M e / F 1 ♦,. J / a /... ♦ as .,4 � a / . LOCATION GENERAL PLAN ZONING CURRENT USE Single-Unit Residential Santa Ana Heights Specific ON-SITE Detached (RS-D) Plan- Residential Kennel Single-family residence SP-7/RK NORTH, EAST RS-D SP-7/RK Single-family residences and AND SOUTH Specific commercial kennels Santa Ana Heights Spec WEST Open Space (OS) Plan - Horticultural Nursery Commercial nursery SP-7/HN 3 The Dog Republic Planning Commission, February 18, 2016 Page 3 INTRODUCTION Project Setting and Background The project site is located in the westernmost portion of the Santa Ana Heights Specific Plan area with Orchard Drive to the north and Irvine Avenue to the east. It is generally flat and rectangular in shape with a 60-foot width and a 135-foot depth totaling 8,100 square feet in area. The site is developed with an approximately 1,200-square-foot single-family residence built in 1955 per County of Orange records. A single-car driveway approach exists from Riverside Drive; however, there is no garage to serve the residence, which is typical of the neighborhood given the age of the development. Adjacent properties to the north, east and south are developed with commercial kennels operating in conjunction with single-family residences. The property immediately west is developed with large greenhouse storage buildings for a commercial nursery. There are sixteen properties that take access from Riverside Drive including the subject property and twelve maintain an active kennel operation including the two properties abutting the project site. It should be noted that all existing kennels in this neighborhood were approved while the territory was under the jurisdiction of the County of Orange with most approvals occurring in the late 1960s and early 1970s. Research of several of the County Use Permits for the operations, as well as discussions with County staff, have confirmed the lack of a formal parking requirement for such uses when they were established. Exhibit 1—Existing uses e � � r I as * = Subject property The Dog Republic Planning Commission, February 18, 2016 Page 4 On March 11, 2003, City Council directed staff to initiate the process to annex the subject area as part of West Santa Ana Heights from the County and the annexation became effective on January 1, 2008. The City adopted zoning regulations reflective of the County's Zoning Code with little or no change. The entire cul-de-sac southward of Riverside Drive was designated Residential Kennel (RK) at the time, which is consistent with the current zoning. The purpose and intent of the RK District is to provide for the development and maintenance of a neighborhood that includes single-family residences in conjunction with commercial kennel businesses. Project Description The applicant requests approval of a conditional use permit to establish a new commercial kennel in conjunction with an existing single-family residence. Use of the existing home will continue with the operator or manager of the kennel residing on-site. The proposed project includes the following physical improvements: (1) the construction of an approximately 900-square-foot single-story building to be located behind the residence; (2) the alteration of the existing covered front porch area to accommodate the conversion of the single-car driveway area to a parking space that is compliant with the requirements of the Americans with Disabilities Act (ADA); (3) the construction of new gates and fencing within the rear yard area to delineate a secure exercise area; (4) the installation of adequate drainage and disposal of natural precipitation and animal wastes; and (5) all other improvements as required by the Municipal Code and the California Uniform Building Code. As proposed, a maximum of 29 dogs would be boarded on-site at any one time. Given the construction of a new ADA parking space within the front driveway area, the applicant also requests a reduction of the off-street parking required for both the residence and the commercial kennel. As proposed and conditioned, the kennel will accept drop-offs and pickups from 8:00 a.m. to 7:00 p.m. and care for the dogs will be provided around the clock by the operator and manager of the kennel residing on-site. At any given time, no more than three total employees will be at the kennel including the operator or manager. The applicant has also indicated a personal van may be used to transport multiple dogs in batches to and from each respective owner's home when necessary. Typical operations would not require daily drop-off and pickup as most clients leave their dogs for multiple days. Additional project description information provided by the applicant is attached (Attachment No. PC 3). DISCUSSION Analysis General Plan The subject property is located within the Single-Unit Residential Detached (RS-D) designation of the General Plan Land Use Element. The RS-D designation applies to a range of detached single-family residential dwelling units on a single legal lot and does The Dog Republic Planning Commission, February 18, 2016 Page 5 not include multi-unit development, condominiums or cooperative housing. Although commercial operations are not allowed on similarly designated properties elsewhere, the RK zoning for the properties along this block of Riverside Drive allowing commercial kennels has been determined consistent with the General Plan as the single-family residential use is maintained and neighboring uses can be protected through the Conditional Use Permit process. Zoning Code The subject property is located within the Residential Kennel (RK) District of the Santa Ana Heights Specific Plan Area (SP-7) Zoning District. The purpose of this Zoning District is to provide for the development of a neighborhood that maintains single-family residences as the primary uses with accessory in commercial kennels. As proposed and conditioned, the project will be consistent with the above mentioned purpose and intent. Pursuant to Zoning Code Section 20.90.070(B)(3), a commercial kennel is a permitted use when 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. Use Permit Findings In accordance with Zoning Code 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 a commercial kennel on a property developed with a single-family residence. The residential use will be maintained as the principal use of 0 The Dog Republic Planning Commission, February 18, 2016 Page 6 the property. Staff believes the use will be consistent with the purpose and intent of the Single-Unit Residential Detached (RS-D) Designation as well as that of the Residential Kennel (RK) District of the Santa Ana Heights Specific Plan Area (SP-7) Zoning District. Specific to the design of the proposed project, Zoning Code Section 20.90.070(F) (Residential Kennel District: SP-7 (RK) — Development Standards) lists the required site development standards for kennel facilities. As proposed, the detached building to house the dogs will comply with the locational standards inasmuch as it 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. There will be no changes to the existing single-family residential structure; however, the front covered porch area will be altered to allow increased clearance for a disabled parking space required by the Building Code. The existing front porch is nonconforming as it encroaches into the required 20-foot front setback and the altered structure will comply with the required setback. Existing access to the site from Riverside Drive will not be modified as part of this project rather it will be improved such that it complies with the current Codes. Zoning Code Section 20.90.070(G) (Residential Kennel District: SP-7 (RK) — Special Regulations) requires an acoustical analysis report be prepared in conjunction with a new commercial kennel. The applicant has retained an acoustical engineering consultant and the required report has been prepared (Attachment No. PC 4). This report concluded that the proposed project will have a negligible impact on the existing ambient noise in the neighborhood that includes barking dogs and further identified recommended measures for noise reduction. These measures have been included as conditions of approval to promote compatibility of the use and avoid exacerbating the existing condition. The parking requirement for an Animal Boarding/Kennels use pursuant to Table 3-10 of Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required) is one parking space per 400 square feet of gross floor area. The requirement for a detached single- unit dwelling is two spaces within a garage, and therefore, the total requirement for the proposed use is five parking spaces (900 square feet / 400 = 2.25 commercial parking spaces + 2 residential parking spaces = 4.25 parking spaces). The project site presently does not provide any complying parking spaces; however, one car can park on the existing narrow driveway in the required front yard setback. Staff observed that most, if not all, of the other properties on the block do not provide conforming parking for either the homes or the commercial kennels and the block is almost entirely reliant on public street parking. Customers dropping off or picking up dogs typically do not spend a significant amount of time at each location and generally leave their dogs for more than one day. The conversion of the existing nonconforming parking space on the driveway to a disabled parking space is required by the Building Code. Staff believes adequate on-street parking exists to accommodate the proposed kennel as discussed below. It should also be noted that the proposed project is the first processed under the City's jurisdiction and that it will be the first ADA compliant commercial kennel in the neighborhood. 7� The Dog Republic Planning Commission, February 18, 2016 Page 7 Given that the amount of required parking cannot feasibly be provided on-site, the applicant also requests a reduction of the required off-street parking. Pursuant to Zoning Code Section 20.40.110(6)(1) (Adjustments to Off-Street Parking Requirements — Reduced Parking Demand), required off-street parking may be reduced with the approval of a conditional use permit in compliance with the following: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); and b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). In this particular case, the Director has determined a parking study is not necessary given discussions with the applicant and the existing operation of kennels in the neighborhood inasmuch as most customers would use the on-street public parking and are generally only on-site for a short amount of time. Furthermore, the applicant intends to utilize a van to shuttle multiple dogs to and from each respective owner's home, which should limit the number of customer trips to the site. A condition of approval has been included in the draft resolution to help ensure this is part of future operations for any operator. Given the simplicity of the parking arrangement, the parking management plan would be as follows: 1) limit the number of employees on-site at any time to three; 2) maintain and/or encourage the use of van transport for dogs; 3) limit drop-off and pickups to between 8:00 a.m. and 7:00 p.m.; and 4) ensure there are no obstructions to on-street parking in front of the property. Pursuant to Municipal Code Chapter 7.35 (Regulation of Kennels), no person shall operate a kennel within the City without first obtaining an operator's permit (Attachment No. PC 5). As required and conditioned, the applicant will be required to obtain an operator's permit from the Chief of Police. The Operator's Permit is specific to the operator and will provide an additional enforcement tool should this conditional use permit be approved. The Operator's Permit will help to provide for safe and clean housing of the animals. Additional operational conditions of approval have also been placed on the project to help ensure general cleanliness and compatibility with the surrounding community including a limitation on the hours for drop-offs and pickups, 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 allow up to a maximum of 59 dogs as the prior County approvals either placed a higher limitation or no limitation at all on the operations. The applicant's proposal of 29 dogs is below the range allowed to other operators. Staff believes the findings for approval can be made and facts in support of the required findings are presented in the draft resolution for approval (Attachment No. PC 1). 8 The Dog Republic Planning Commission, February 18, 2016 Page 8 Alternatives Staff recommends approval as proposed based on the required findings provided. The following alternative actions are available for the Commission: 1. The Planning Commission may suggest specific changes to the project design that are necessary to alleviate concerns. If any requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. Should the Planning Commission choose to do so, staff would return with a revised resolution incorporating new findings and/or conditions. 2. Should the Planning Commission determine that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). Environmental Review The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a small commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 10,000 square feet in floor area on sites zoned for such use within an urbanized area. The proposed project is the construction and operation of an approximately 900-square- foot commercial kennel building on a site zoned Residential Kennel (RK) within the Santa Ana Heights Specific Plan area (SP-7). Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: - 14 J- A(L- I Ben-V A. 2V, AICP, Associate Planner *Brnsnes i,r ICP, Deputy Director i The Dog Republic Planning Commission, February 18, 2016 Page 9 ATTACHMENTS PC 1 Draft Resolution —Approval PC 2 Draft Resolution — Denial PC 3 Applicant's Project Description and Justification PC 4 Acoustical Analysis Report by RK Engineering Group, Inc. PC 5 NBMC Chapter 7.35 (Regulation of Kennels) PC 6 Project Plans Template.dotx:101061 5 10 Attachment No. PC 1 Draft Resolution — Approval 11 V� QP �P z� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-043 FOR A RESIDENTIAL KENNEL LOCATED AT 20281 RIVERSIDE DRIVE IN THE SANTA ANA HEIGHTS SPECIFIC PLAN AREA (PA2015-199) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Dog Republic, LLC, with respect to property located at 20281 Riverside Drive, and legally described as Lot 3, Tract 2581, as per Map thereof recorded in Book 77, page 15 of Miscellaneous Maps, records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes to establish a commercial kennel in conjunction with an existing single-family residence. The applicant proposes to construct an approximately 900- square-foot, single-story building and a partially covered, fenced exercise area in the rear yard to board up to 29 dogs. Also included is a request to reduce the required off- street parking for both the residential and commercial uses. 3. The subject 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 subject property is not located within the coastal zone. 5. A public hearing was held on February 18, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both 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 has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes a small commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 10,000 square feet in floor area on sites zoned for such use within an urbanized area. The proposed project is the construction and operation of an approximately 900-square-foot commercial 13 Planning Commission Resolution No. Page 2 of 9 kennel building on a site zoned Residential Kennel (RK) within the Santa Ana Heights Specific Plan Area (SP-7). SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision) 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 designates the subject property as Single-Unit Residential Detached (RS-D), which is intended to apply to a range of detached single-family residential dwelling units on a single legal lot and does not include multi-unit development, condominiums or cooperative housing. The proposed project is consistent with this designation as the single-family residential use remains as a key component of the development and such development within the Residential Kennel (RK) Zoning District has been determined to be consistent with the General Plan. 2. The project site is located within the Santa Ana Heights Specific Plan Area. The proposed use will be consistent with the permitted and conditionally permitted uses for the RK District of the Specific Plan. 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 project site is located within the Residential Kennel (RK) District of the Santa Ana Heights Specific Plan Area (SP-7) Zoning District. The RK District is intended to provide for the development of a neighborhood that maintains single-family residences as primary uses with accessory commercial kennels when operated to minimize potential detrimental conditions. 2. Zoning Code Section 20.90.070(B) (Principal Uses) allows commercial kennels when in conjunction with the maintenance of a single-family residence on the same building site subject to approval of a conditional use permit. The proposed commercial kennel will be established on a property with an existing single-family residence, which will be occupied by the operator or manager of the kennel and will be compatible with the surrounding neighborhood as conditioned. 10-02-2015 14 Planning Commission Resolution No. Page 3 of 9 3. Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required) requires one parking space per 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 proposed project consists of an approximately 900- square-foot commercial kennel building and a single-family residence; therefore, a total of five parking spaces are required. One parking space will be provided on- site within the front driveway area. The additional four spaces cannot feasibly be provided on-site without significant alteration of the existing single-family residence and elimination of on-street parking by widening the drive approach. 4. In compliance with Zoning Code Section 20.40.110(6)(1) (Adjustments to Off- Street Parking Requirements — Reduced Parking Demand), the use will operate in harmony with other similar uses in the neighborhood which also utilize public parking. Customer visits to the site are anticipated to be limited in quantity and duration. 5. As conditioned, the operator is required to comply with the parking management plan identified in the staff report to the best of his or her ability. 6. As conditioned, the proposed project will be in compliance with Municipal Code Chapter 7.35 (Regulation of Kennels) and the operator must obtain an Operator's Permit from the Chief of Police. 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 project site is located on Riverside Drive south of Orchard Drive. The proposed project will establish a new commercial kennel on the site developed with an existing single-family residence that will remain and will be occupied by the operator or manager of the kennel. 2. Properties within the vicinity of the project site are generally developed with single- story residential structures and an intermixing of small-scale commercial buildings occupied primarily by other kennel operations. 3. The project site abuts two large properties designated Horticultural Nursery (HN) to the rear that are developed with several greenhouse structures. The greenhouse structures will serve as a buffer between the use and the residential neighborhoods to the west. The two properties abutting the site to each side have active commercial kennels. 10-02-2015 Planning Commission Resolution No. Page 4 of 9 4. Most of the commercial kennels operate with a maximum limitation of 59 dogs as they were approved in the 1960s or 1970s under the County's jurisdiction. The applicant's proposal of 29 dogs is below the range of allowable dogs throughout the neighborhood and will help to minimize potential impacts on the neighborhood with regard to noise and additional traffic. 5. Conditions of approval including limitations on the operation are included to minimize, to the greatest extent possible, any impacts to the surrounding commercial and 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 permits from all applicable City Departments and must comply with the most recent, City-adopted version of the California Building Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. '< 19* Facts in Support of Finding: 41rah, 1. The project site is 8,100 square feet in area, relatively rectangular and topographically flat, and developed with an approximately 1,200-square-foot single- story residence. A single-car driveway will be improved to accommodate a single parking space that will be compliant with the Americans with Disabilities Act requirements. 2. The property is large enough to accommodate a structure that can house 29 dogs and an exercise area. 3. The conditions of approval including the limitation on storage of commercial vehicles and prohibition of any storage in front of the building will ensure the site is more suitable for the proposed use. 4. The project site is currently developed and will not be altered in a way that compromises public and emergency vehicle access, public services, and access to proper utilities. 5. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 10-02-2015 10 Planning Commission Resolution No. Page 5 of 9 Findinq: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. Although the proposed project site is within close proximity of residential uses, several similar commercial kennels have operated in the neighborhood under similar conditions since gaining approval under the County's jurisdiction and have not proven detrimental. 2. As demonstrated in the acoustical analysis report prepared by RK Engineering, Inc. on November 10, 2015, the commercial kennel as designed and with the appropriate noise reduction measures incorporated is expected to operate in compliance with the noise standards within the Municipal Code and will not exacerbate ambient noise in the area. 3. Operational conditions of approval have been added to help ensure continued compatibility with commercial (kennels) and residential uses within the area. Compliance with the Municipal Code is required and will further help to ensure that the proposed use will not be detrimental. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-043, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF FEBRUARY, 2016. AYES: NOES: ABSTAIN: ABSENT: 10-02-2015 Planning Commission Resolution No. Page 6 of 9 BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 Zg Planning Commission Resolution No. Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. The existing single-family residential use shall be maintained on-site at all times and said residence shall be occupied by the operator or manager of the kennel. 8. The operator shall comply with the parking management plan identified in the staff report to the best of his or her ability. 9. A minimum of one (1) van shall be used as part of the kennel operation in order to help offset customer trips to the site. 10. There shall be no more than three (3) employees on-site at any given time, including the operator and manager. 11. The maximum number of dogs on-site at any one time shall be limited to 29. 10-02-2015 19 Planning Commission Resolution No. Page 8 of 9 12. Drop-offs and pickups of dogs shall be limited to the hours between 8:00 a.m. and 7:00 p.m., daily. 13. 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 days, or less, if determined to be a nuisance. 14. The storage of materials outside of the residence in the front yard shall be prohibited. 15. The maximum number of dogs permitted in the yard shall be no more than two at any one time between the hours of 10:00 p.m. and 7.00 a.m. All dogs shall otherwise be maintained within the commercial kennel structure with all doors and windows closed. Dogs shall be supervised when using the yard area. 16. 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:OOAM Between the hours of and 10:OOPM 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 17. 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. 18. 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. 19. 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 10-02-2015 20 Planning Commission Resolution No. Page 9 of 9 or indirectly) to City's approval of The Dog Republic including, but not limited to, Conditional Use Permit No. UP2015-043 (PA2015-199). 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. Police Department 20. Prior to final of the building permit, the applicant is required to obtain approval of a Kennel Operator's Permit from the Chief of Police in",compliance with Municipal Code Chapter 7.35 (Regulation of Kennels). Building Division 21. The applicant is required to obtain all applicable permitNfro '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. 10-02-2015 21 V� QP �P Attachment No. PC 2 Draft Resolution — Denial 23 V� QP �P RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2015-043 FOR A RESIDENTIAL KENNEL LOCATED AT 20281 RIVERSIDE DRIVE IN THE SANTA ANA HEIGHTS SPECIFIC PLAN AREA (PA2015-199) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Dog Republic, LLC, with respect to property located at 20281 Riverside Drive, and legally described as Lot 3, Tract 2581, as per Map thereof recorded in Book 77, page 15 of Miscellaneous Maps, records of Orange County, California, requesting approval of a conditional use permit. 2. The applicant proposes to establish a commercial kennel in conjunction with an existing single-family residence. The applicant proposes to construct an approximately 900- square-foot, single-story building and a partially covered, fenced exercise area in the rear yard to board up to 29 dogs. Also included is a request to reduce the required off- street parking for both the residential and commercial uses. 3. The subject 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 subject property is not located within the coastal zone. 5. A public hearing was held on February 18, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1 . The Planning Commission may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use Permits). In this case, the Planning Commission was unable to make the required findings based upon the following: 25 Planning Commission Resolution No. Page 2 of 2 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-043. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF FEBRUARY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 Attachment No. PC 3 Applicant's Project Description and Justification 27 V� QP �P 22 The Dog Republic, INC Conditional Use Permit Application 20281 Riverside Drive Project Description and Statement of Justification The Dog Republic, INC intends to open a canine boarding facility at 20281 Riverside Drive in Newport Beach, California. The site is located within the SP-7 (RK) zoning district of the Santa Ana Heights Specific Plan per the Zoning Code, and is designated a Residential Kennel land use within that specific plan. Additionally, the site is designated as RS-D Single-Unit Residential Detached in the General Plan. Current development on the approximately 8,105 square foot rectangular shaped property includes a one-story, approximately 1,189 square foot residence with two detached storage sheds in the rear yard. The following items are specific to the project site: Lot Width = 60 feet • Lot Depth = 135 feet Setbacks o Front yard = 28 feet o Side yard = 5 feet o Rear yard = 84 feet • Lot Coverage = 26% Proposed approx. • Landscaping = 67% Proposed approx. Paving = — 500 square foot driveway with ADA parking. Physical Improvements • Indoor Dog runs (2) will be formed in a newly constructed 19' x 50' stick frame constructed building (950 sqft). Each dog will have approximate 5'x6' area of space which is outlined in the site plan. • The concrete slab that the building sits on will comply with kennel code in Chapter 7.35. The drainage plans of the runs will comply with the plumbing code and kennel code. • An ADA compliant restroom will be included in the construction of the new commercial building. • An ADA compliant parking stall will be installed. • Flat work for path of travel will be compliant if the current pavers aren't seen as acceptable for ADA standards. • Fire Alarm system will be installed to comply with the fire code. There is a fire hydrant within the applicable distance from structure to comply with such code. • Heating and ventilation will be provided for safety and comfort of the dogs. Hours of Operation: This facility will be available to customers from 8am-7pm, 7 days per week. Management will be available for 24 hours a day care of the dogs. Management: There will be a maximum of 3 persons managing the kennel facility which includes the persons residing at the residence. Other Operational Information: • Waste will be stored in deodorized waste bags and disposed of by the trash company on a weekly basis. 29 SPECIFIC SERVICES TO BE OFFERED AT THE PROPERTY The facility will operate as a dog boarding and dog day camp operation specializing in obedience, exercise, and socialization. 20.52.020 Conditional Use Permits and Minor Use Permits. F. Findings and Decision. The review authority may approve or conditionally approve a conditional use permit or minor use permit only after first finding all of the following: 1. The use is consistent with the General Plan and any applicable specific plan. The project site is located within the SP-7 (RK) zoning district of the Santa Ana Heights specific plan. This zone was established to provide for the development and maintenance of a neighborhood which includes single-family residences in conjunction with commercial kennel businesses. The proposed use meets the definition of Commercial Kennel which is "any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for the purpose of financial gain, except veterinary clinics and hospitals." 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 pursuant to Chapter 7.35, is permitted subject to the approval of a use permit by the Planning Commission. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. As stated, the proposed use (commercial kennel) is 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 yard setbacks. In addition, the detached accessory structures (sheds) in the rear yard comply with Section 20.90.070(F)(4) of the Zoning Code. With regard to 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. It is the intent of this facility to operate pursuant to the requirements of Section 7.35.060, Requirements of Operation, of the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. The design, location and size of the project site will not change as a result of the subject use permit application. However, the use permit will introduce a new use on-site, which is a commercial kennel. The operation of this kennel will be compatible and consistent with other existing uses in the immediate vicinity. The majority of properties along the Riverside Drive cul-de-sac are occupied by commercial kennels, trainers, breeders and veterinarians. The proliferation of dog-related businesses in this area makes the subject use an ideal fit for this location. 30 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. There are no site improvements proposed that would impede the provision of public and emergency vehicle access or public services and utilities at the subject property. As such, the site is physically suitable for the proposed use in terms of design, location, shape, size and operating characteristics. 5. 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. The operation of a commercial kennel in a zoning district that permits such a use pursuant to the issuance of a use permit would not be detrimental to the City of Newport Beach. Additionally, it will 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 of the proposed use as it is similar to most of the other uses already operating on Riverside Drive. It is not immediately adjacent to any residential uses and is bounded by commercial kennels to the sides and a commercial agricultural use to the rear. 31 V� QP �P Attachment No. PC 4 Acoustical Analysis Report by RK Engineering Group, Inc. 33 V� QP �P NEWPORT TAILS KENNEL ACOUSTICAL STUDY City of Newport Beach, California Prepared for: NEWPORT TAILS KENNEL 20281 Riverside Drive Newport Beach, CA 92660 Prepared by: RK ENGINEERING GROUP, INC. 4000 Westerly Place, Suite 280 Newport Beach, CA 92660 Robert Kahn, P.E. Jethro Jay Narciso, E.I.T. QpFES�r �N0. 20285LU m Exp.09/30/I..v M �91F C/ VI Op C-L\F November 10, 2015 ✓,v:ddaK1130aD0C J!\1:2536-2015-01 35 Table of Contents Section Page 1 .0 Introduction........................................................................................... 1-1 1 .1 Purpose of Analysis and Study Objectives 1-1 1 .2 Site Location and Study Area 1 -1 1 .3 Proposed Project Description 1 -1 2.0 Fundamentals of Noise.......................................................................... 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 Response to Changes in Noise Levels 2-2 2.6 Noise Descriptors 2-2 2.7 Sound Propagation 2-4 3.0 Regulatory Setting................................................................................. 3-1 3.1 Federal Regulations 3-1 3.2 State Regulations 3-1 3.3 City of Newport Beach Noise Regulations 3-2 4.0 Study Method and Procedures.............................................................. 4-1 4.1 Measurement Procedures and Criteria 4-1 4.1 .1 Noise Measurements 4-1 4.1 .2 Noise Measurement Locations 4-2 4.1 .3 Noise Measurement Timing and Climate 4-2 4.2 Stationary Noise Modeling 4-2 5.0 Existing Noise Environment................................................................... 5-1 5.1 Short-term Noise Measurement Results 5-1 6.0 Projected Noise Environment Impacts and Mitigation ......................... 6-1 6.1 Projected Exterior Noise 6-1 6.1 .1 Stationary Source Noise 6-1 6.2 Summary of Noise Reduction Measures 6-2 3o List of Attachments Exhibits LocationMap ...........................................................,.,.....,....................................... A SitePlan ................................................................................................................... B Noise Monitoring Locations .........................._................. ......................................... C Tables Noise Level Measurements (dBA)............................................................................... 1-4 Dog Noise Reference Noise Level Measurements........................................................ 5 Projected Day/Nighttime Exterior Noise Levels at Northern Residential Units WithoutAirplanes (dBA) ........................................................................................... 6 Projected Day/Nighttime Exterior Noise Levels at Southern Residential Units Without Airplanes (dBA) ........................................................................................... 7 Projected Day/Nighttime Exterior Noise Levels at Northern Residential Units WithAirplanes (d BA) ................................................................................................ 8 Projected Day/Nighttime Exterior Noise Levels at Southern Residential Units WithAirplanes (d BA) ................................................................................................ 9 Appendices City of Newport Beach Noise Ordinance ................. ............................................ A Photographs and Field Measurement Data ................................................................ B Stationary Noise Calculations .................................................................................... C 37 1 .0 Introduction 1 .1 Purpose of Analysis and Study Objectives The purpose of this acoustical assessment is to evaluate the potential noise impacts for the project study area and to recommend noise mitigation measures, if necessary, to minimize the potential noise impacts. This assessment was conducted and compared to the noise standards set forth by the Federal, State, and Local agencies. Consistent with the City's Noise Guidelines, a significant impact related to noise would occur if a proposed project is determined to be: • Detrimental to the public health, welfare and safety and contrary to public interest. The following is provided in this report: • A description of the study area and the proposed project Information regarding the fundamentals of noise • A description of the local noise guidelines and standards • An exterior analysis of stationary noise impacts to the project study area 1.2 Site Location and Study Area The project site is located at 20281 Riverside Drive, in the City of Newport Beach. Land uses surrounding the project include existing residential to the north, south, and west, as demonstrated in Exhibit A. In addition, the City of Newport Beach has zoned the entirety of Riverside Drive as the Residential Kennel District (SP-7), per the City of Newport Beach's municipal code. As previously noted, there are existing kennels directly to the north and south of the project. Also, there is a six (6) foot block wall on all sides of the properties backyard. 1.3 Proposed Project Description The proposed project will house 29 dogs at maximum capacity. During the daytime (7 AM to 10 PM), the dogs will be able to freely roam the backyard of the property. During the nighttime (10 PM to 7 AM), the dogs will be housed inside a proposed metal structure, located at approximately the center of the yard. The noise sources on the project site are located approximately 30 feet from the nearest residential units (to the north and to the south). The residential units mentioned above are also classified by the City of Newport Beach as residential kennels. This assessment analyzes the existing noise levels and calculates the project impact on adjacent properties. The primary source of stationary noise will come from the backyard of the project site. The site plan used for this analysis, provided by Do It Right Technologies, is illustrated in Exhibit B. During evening hours, the dogs will be housed inside the kennel structure with the doors closed. 1-1 38 THIS PAGE INTENTIONALLY LEFT BLANK 1-2 :39 2.0 Fundamentals of Noise 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 (uPa). One pPa 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 or 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. If two (2) sounds differ by approximately 10 dB the higher sound level is the predominant sound. 2-1 40 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 loud. 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. 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 to 10 PM and after addition of ten (10) decibels to sound levels in the night before 7 AM and after 10 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. 2-2 41 d8(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 in the sound level exceeded 10 percent of the sample time. Similarly L50, L90 and L99, etc. 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 2-3 42 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. 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 4.5 dB per doubling of distance for a line source and 6.0 dB per doubling of distance for a point source. 2-4 43 Research has demonstrated that atmospheric conditions can have a significant effect on noise levels when noise receivers are located 200 feet from a noise source. Wind, temperature, air humidity and turbulence can further impact how far sound can travel. TYPICAL SOUND LEVELS FROM INDOOR AND OUTDOOR NOISE SOURCES COMMON OUTDOOR NOISE LEVEL COMMON INDOOR NOISE LEVELS (d BA) NOISE LEVELS 110 Rock Band Jet Flyover at 1000 ft. 100 Inside Subway Train (New York) Gas Lawn Mower at 3 ft. 90 Diesel Truck at 50 ft. Food Blender at 3 ft. Noise Urban Daytime 80 Garbage Disposal at 3 ft. Shouting at 3 ft. Gas Lawn Mower at 100 ft. 70 Vacuum Cleaner at 10 ft. Commercial Area Heavy Traffic at 300 ft. Normal Speech at 3 ft. 60 Large Business Office Dishwasher Next Room Quiet Urban Daytime 50 Small Theatre, Large Conference Quiet Urban Nighttime 40 Room (Background) Quiet Suburban Nighttime 30 Library Bedroom at Night Quiet Rural Nighttime Concert Hall (Background) 20 Recording Studio 0 Threshold of Hearing 0 2-5 y y THIS PAGE INTENTIONALLY LEFT BLANK 2-6 45 3.0 Regulatory Setting The proposed project is located in the City of Newport Beach and noise regulations are addressed through the various federal, state, and local government agencies. The agencies responsible for regulating noise are discussed below. 3.1 Federal Regulations The adverse impact of noise was officially recognized by the federal government in the Noise Control Act of 1972, which serves three (3) purposes: • Publicize noise emission standards for interstate commerce • Assist state and local abatement efforts • Promote noise education and research The Federal Office of Noise Abatement and Control (ONAC) was originally tasked with implementing the Noise Control Act. However, it was eventually eliminated leaving other federal agencies and committees to develop noise policies and programs. Some examples of these agencies are as follows: The Department of Transportation (DOT) assumed a significant role in noise control through its various agencies; The Federal Aviation Agency (FAA) is responsible to regulate noise from aircraft and airports; The Federal Highway Administration (FHWA) is responsible to regulate noise from the interstate highway system; The Occupational Safety and Health Administration (OSHA) is responsible for the prohibition of excessive noise exposure to workers. The Federal government and the State advocate that local jurisdiction use their land use regulatory authority to arrange new development in such a way that "noise sensitive" uses are either prohibited from being constructed adjacent to a highway, or alternatively, that the developments are planned and constructed in such a manner that potential noise impacts are minimized. Since the Federal government and the State have preempted the setting of standards for noise levels that can be emitted by the transportation source, the County is restricted to regulating the noise generated by the transportation system through nuisance abatement ordinances and land use planning. 3.2 State Regulations Established in 1973, the California Department of Health Services Office of Noise Control (ONC) was instrumental in developing regularity tools to control and abate noise for use by local agencies. One significant model is the "Land Use Compatibility for Community Noise Environments Matrix." The matrix allows the local jurisdiction to clearly delineate compatibility of sensitive uses with various incremental levels of noise. 3-1 40 The State of California has established noise insulation standards as outlined in Title 24 and the Uniform Building Code (UBC) which in some cases requires acoustical analyses to outline exterior noise levels and to ensure interior noise levels do not exceed the interior threshold. The State mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines published by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable. 3.3 City of Newport Beach Noise Regulations The City of Newport Beach outlines their noise regulations and standards within the Community Noise Control section from the Municipal Code (Appendix A). For purposes of this analysis, the City of Newport Beach's noise ordinance was used to determine the stationary noise impacts from the proposed project to the adjacent land uses. Stationary Noise Regulations The City of Newport Beach outlines the sound level limits for projects that are adjacent to residential units. In order to demonstrate compliance, the project must demonstrate that it will not exceed the City's noise criteria limits. Sections 10.26.025 and 10.26.030 of the municipal code specifies the limits set forth by the City. The City classifies all developments into four different noise zones and are as follows: 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 For the purpose of this study, the property is considered Noise Zone III because of the residential kennel description. 3-2 47 The City's noise criteria limits are further classified into exterior and interior noise level standards. Both classifications also set standards for both the day time (7 AM to 10 PM), as well as for the night time (10 PM to 7 AM). The noise criteria limits are summarized below: ALLOWABLE EXTERIOR NOISE LEVEL(Equivalent Noise Level, 4q) Noise Zone Type of Land Use Day Time Night Time (7 AM to 10 PM) (10 PM to 7 AM) I Single-, two- or multiple family 55 dBA 50 dBA residential II Commercial 65 dBA 60 dBA Residential portions of Mixed-use III 60 dBA 50 dBA properties IV Industrial or manufacturing 70 dBA 70 dBA ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level, Leq) Noise Zone Type of Land Use Day Time Night Time (7 AM to 10 PM) (10 PM to 7 AM) Single-, two-or multiple family I residential 45 dBA 40 dBA Residential portions of Mixed-use III properties 45 dBA 40 dBA Per the City's Municipal Code, the noise levels cannot exceed 20 dBA more than the specified standards summarized above. 3-3 42 For the purposes of this project, the proposed development is classified under Noise Zone III. The noise level standards for Noise Zone III are summarized in the table below. Noise Criteria Level WBA) Time Location Exterior Interior Symbol LeQ Lmax Leq Lmax Daytime (7AM - 10PM) 60.0 80.0 45.0 65.0 Nighttime (10PM - 7AM) 50.0 70.0 40.0 60.0 The project must not exceed the limits set forth in the table above. In the event the existing ambient noise level exceeds the noise criteria set forth by the City, the project must not further increase the noise level above the standard. 3-4 4 J° 4.0 Study Method and Procedures To determine the future noise level impact, RK conducted short-term noise measurements at the proposed project site location. Further calculations were then made to illustrate the noise level projection onto adjacent properties to the north and to the south. The following describes the measurement procedures, measurement locations, and noise modeling procedures and assumptions. 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 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 to the City of Newport Beach and 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). The following gives a brief description of the Caltrans Technical Noise Supplement procedures for sound level measurements: • Microphones for sound level meters were placed five (5) feet above the ground for all measurements • Sound level meters were calibrated (Larson Davis CAL 200) before and after each measurement • Following the calibration of equipment, a wind screen was placed over the microphone • Frequency weighting was set on "A" and slow response • Results of the long-term noise measurements were recorded on field data sheets • During any short-term noise measurements any noise contaminations such as local traffic, lawn mowers, or aircraft fly-overs were noted • Temperature and sky conditions were observed and documented 4.1.1 Noise Measurements Using a Larson Davis 712 Type 2 sound level meter, three different sets of noise measurements were recorded in the following scenarios: 4-1 50 • Scenario 1 : Two (2) locations with one (1) short-term (10-minute) noise measurement each, without the presence of any dogs in the yard. Aircraft noise was not recorded. • Scenario 2: Two (2) locations with one (1) short-term (5-minute) noise measurement each, with the presence of dogs in the yard. Aircraft noise was not recorded. • Scenario 3: Two (2) locations with one (1) short-term (10-minute) noise measurement each, without the presence of dogs in the yard. Aircraft noise was recorded. The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical data was recorded over these time periods. The information was utilized to define the noise characteristics for the project. The reason for measuring the noise levels without the aircraft noise was to accurately evaluate the noise impacts from the dogs. 4.1.2 Noise Measurement Locations The noise monitoring locations were selected based on the best location to represent existing noise conditions and sensitive noise areas. The Short-term (ST) noise monitoring locations are as follows: • ST-1 is located approximately 45 feet from the rear facade of the house and 10 feet south of the northern property boundary. • ST-2 is located approximately 22 feet from the rear fagade of the house and 10 feet north of the southern property boundary. Both sites are representative of the existing noise environment during the daytime of the surrounding area. Tables 1 , 2, and 4 indicate the results of the noise measurement results at the proposed site. Exhibit C illustrates the proximity of the noise monitoring location. Appendix B includes photos, field sheet, and measured noise data. 4.1.3 Noise Measurement Timing and Climate Short-term noise measurements were recorded during daytime hours and were recorded between the hours of 2:00 PM and 3:30 PM, on November 4 and November 5, 2015. Noise measurements were conducted in 5-minute and 10-minute intervals during the indicated time schedule. At the beginning and ending of the monitoring process, the sky was clear; the temperature was approximately 66 degrees Fahrenheit on November 4 and 70 degrees Fahrenheit on November 5, with the presence of light winds on both days. 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 4-2 61 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 Typical noise levels associated with the proposed dog kennel at a distance of 20 feet from the center of the yard resulted in the following Leq noise levels: • Scenario 1 , Site 1 : 55.4 dBA • Scenario 1 , Site 2: 53.8 dBA • Scenario 2, Site 1 : 57.0 dBA • Scenario 2, Site 2: 55.3 dBA • Scenario 3, Site 1 : 57.8 dBA • Scenario 3, Site 2: 61 .2 dBA The noise levels produced at each measurement location for each scenario are also summarized in Tables 1, 2, & 4. The adjusted noise levels projected to the homes to the north and south of the property are based on the distance of the receptor location relative to the noise source, local topography, the existing property line wall along the northern and southern property line. Noise calculation worksheets are located in Appendix C. To determine the projected exterior stationary noise levels, RK logarithmically added the existing ambient noise levels to the stationary noise levels. Tables 6-9 indicate the estimated projected exterior noise levels at the various sensitive receptor locations. 4-3 ,52 THIS PAGE INTENTIONALLY LEFT BLANK 4-4 53 5.0 Existing Noise Environment An ambient noise measurement was conducted near the site. Noise measurement data indicates that neighboring kennels and the occurrence of aircraft flyovers are the main sources of noise impacting the surrounding area. 5.1 Short-Term Noise Measurement Results The results of the short-term measurements are presented in Tables 1 , 2, and 4 and Exhibit B. The noise measurements recorded the sound pressure levels in dBA in 3-second intervals, which have been used to calculate the minimum, maximum, L2, L8, L25, L50, and Leq, averaged over 10-minute intervals for Scenarios 1 and 3, and 5-minute intervals for Scenario 2, for each noise measurement. Noise monitoring was conducted to document existing ambient noise levels. During the monitoring phase, weather conditions were documented. Noise monitoring data printouts are included in Appendix B. Noise measurement data indicates that within the backyard of the proposed project site, the maximum Leq noise level during daytime hours are as follows: • Scenario 1, Site 1 — 55.4 dBA, Leq • Scenario 2, Site 1 — 57.0 dBA, Leq • Scenario 3, Site 2 — 61 .2 dBA, Leq The project site and the surrounding area experiences noise as a result of neighboring kennels and aircraft flyovers. Noise levels on site slightly vary depending on the frequency of aircraft flyovers. Although the measured ambient noise level at certain locations slightly exceeded the standard, the project intent is not to further increase the ambient conditions. 5-1 154 THIS PAGE INTENTIONALLY LEFT BLANK 5-2 55 6.0 Protected Noise Environment Impacts and Mitigation 6.1 Projected Exterior Noise This assessment analyzes the existing noise environment at the proposed project site location, analyzes potential noise impacts from the proposed Project, and compares the results to the City's Noise Standards. The analysis details the estimated exterior noise levels and provides recommendations. 6.1.1 Stationary Source Noise Noise Level During Daytime (7 AM to 10 PM) Use The stationary noise impact thresholds, as defined by the City's Municipal Code, are shown in Sections 10.26.025 and 10.26.030. The noise code establishes allowable noise levels during certain times of the day. This analysis reviews the permissible noise levels during typical operating hours of 7 AM — 10 PM (daytime) and 10 PM — 7 AM (nighttime). The stationary noise associated with the proposed project would include up to 29 dogs. Tables 6-9 indicate the noise level projections during typical operation to the nearest sensitive receptor location during daytime and nighttime hours. As demonstrated in Table 3, the change in noise level during the daytime as a result of the project is approximately 0.1 to 1 .6 dBA without the presence of aircraft, and approximately 0.0 to 0.4 dBA with the presence of aircraft. The project would increase the ambient condition by a nominal amount. The project will not require additional noise reduction measures to ensure the ambient noise level does not increase. Noise Level During Nighttime 00 PM to 7 AM) Use Tables 6-9 indicate the noise level projections during nighttime operations. As demonstrated in Tables 6-9, the change in noise level during the nighttime as a result of the project is approximately 0.3 to 1 .6 dBA without the presence of aircraft, and approximately 0.1 to 1 .2 dBA. Although the projected noise impact exceeds the City's standards in some cases, if the dogs are in the yard, the proposed metal shed is calculated to provide additional noise reduction of approximately 17 dBA. With the incorporation of the above mentioned noise reduction measure, and the following additional recommendations, the Newport Tails Kennel will meet City standards. 6-1 150 Interior Noise Level In addition to the exterior noise level standards set forth by the City, the interior noise level standards must also be met in order to minimize overall noise impact generated by the proposed kennel. With standard construction, there is expected to be at least an additional 20 dBA reduction in noise levels projected unto neighboring properties to the north and south. For the worst case daytime scenario, an Lmax noise level of 74.5 dBA as noted in Table 9 will reduce the interior noise level to 54.5 dBA, which is below the 65.0 dBA standard set by the City. For the worst case nighttime scenario, an Lmax noise level of 70.0 dBA as noted in Table 9 will be reduced to 50.0 dBA, which also meets City standards. 6.2 Summary of Noise Reduction Measures To ensure the noise levels do not further increase the existing ambient condition, the following reduction measures are recommended: 1 . Limit the number of dogs in the yard from 10 PM to 7 AM to one or two dogs only. 2. Limit the total number of dogs at the site to 29 dogs. 3. During the night time hours (10 PM to 7 AM), the dogs should be kept in the kennel structure and all of the doors to the new kennel structure should be closed. One or two of the dogs could use the backyard for a short period of time if necessary. 4. Provide adequate ventilation to the new structure per City of Newport Beach building requirements. 5. The proposed new structure for the kennel has an acceptable building shell from a noise standpoint with a metal roof, metal siding with roll-up doors and a concrete floor. As mentioned in Item 2 above, it will need to have appropriate ventilation in provisions to permit all doors to be closed in the evening (10 PM to 7 AM) hours. 6-2 5j Exhibits ZTQ Exhibit A Location Map rrareleeye ormoe U! m County Aupony Cone._ 41 erisF Team Gc ®T-Ekvea rs >¢ WI Q Ayres Hotel 6 `PCa Keppo Sul Sures Coste mesa/.. D Ayr.Heal. • BrASDS `rlA� Fairway Mlles Apenmenis Suehi Iman WI ,e V AP Yc`,a `ri 4s SA Or O 6 i6i 4p� v� Q¢a 4c �pca SITE W o` cne..c • r k, Chneeu Gxtlem wpprt:Beach di canes Palm Mese AWMIS • • Thirty Car aer P>¢ C¢ �P Can9 Nealrri Bey _ SPO Tnrepe APanmenls � ins Ave Blank of Amerka Nnhe Leen. n I N 2536-2015-01 (ExA) engineering NEWPORT TAILS KENNEL ACOUSTICAL STUDY,City of Newport Beach,California g rou py jr!iC. Exhibit B Site Plan _ nvcn•vxrc une.aoc• esn•.e'.r'w TT44 6II ,• : 19 : I. 1 11 :;v' encilmavro alio roue1 mrn. 'aa elaur nc.x ufm env raw © 1 s ; exp IU;E- ® I I I I �'•. I I t I r ±n•oCoi d` ry4 • 1 XIW IM1INg1AnM m n rro� •� � /� y ❑ is I I. I onnvcwnu my .=vu I I pL-- - --- -- .. 9 - IIF' d•,•'• •'• mmr�.vcN.rc�a + :e9 . .1.'.•.".' 1.'.' ±.'..'. •'IW.I'2C:v LIN::a'O'-!l'9i4'�D'iY�W _ _ I N 2536-2015-01 (ExB) engineering NEWPORT TAILS KENNEL ACOUSTICAL STUDY,City of Newport Beach,California g rou p,km. Exhibit C Noise Monitoring Locations ♦ t Ai r40 V i1 r Legend: OI = Noise Monitoring Location Property Line N 2536-2015-01 (ExC) engineering NEWPORT TAILS KENNEL ACOUSTICAL STUDY,City of Newport Beach,California g rou p,bic. Tables r'? TABLE 1 Noise Level Measurements (dBA)t'2 without Dogs in the Yard Daytime Measured Noise Level (dBA) Site Time No. started' Leq Lmax Lmin LZ I Le I Les Lso Comments Measurement taken 45'away from the rear fa4ade of the house, and 10' away from the 1 2:12 PM 55.4 71.0 46.0 62.7 59.8 55.8 51.2 northern property line/wall. Measurement taken 22'away from the rear fa4ade of the house, and 10'away from the 2 2:25 PM 53.8 70.6 46.7 61.7 57.4 53.2 49.6 southern property line/wall. Nighttime Estimated Noise Level (dBA)3 Site lime No. Started' Leq Lmax 1-min L2 L8 L25 Lso Comments Measurement taken 45'away from the rear fa4ade of the house, and 10'away from the 50.4 66.0 41.0 57.7 54.8 50.8 46.2 northern property line/wall. Measurement taken 22'away from the rear fa4ade of the house, and 10' away from the 2 48.8 65.6 41.7 56.7 52.4 48.2 44.6 southern property linelwall. Noise measurements taken on November 4, 2015. 2 Noise measurements were taken for approximately 10 minutes at each location. 3 The nighttime noise level was estimated by reducing the daytime noise level by 5 dBA. RK11309TB JN:2536-2015-01 �3 TABLE 2 Noise Level Measurements (dBA)1,2 with Dogs in the Yard Daytime Measured Noise Level (dBA) Site Time No. Started Leq Ln'a. L,»,, LZ L8 LZs Lso Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 1 3:12 PM 57.0 73.0 47.0 66.9 61.3 54.6 50.8 northern property line/wall. Measurement taken 22' away from the rear fa4ade of the house, and 10' away from the 2 2:49 PM 55.3 76.2 46.6 61.9 58.2 53.9 51.2 southern property line/wall. Nighttime Estimated Noise Level (dBA)3 Site lime No. Started Leq Lmax Lm;,, LZ L8 LZs Lso Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 1 52.0 68.0 42.0 61.9 56.3 49.6 45.8 northern property line/wall. Measurement taken 22' away from the rear fa4ade of the house, and 10' away from the 2 50.3 71.2 41.6 56.9 53.2 48.9 46.2 southern property line/wall. Noise measurements taken on November 4, 2015. 2 Noise measurements were taken for approximately 5 minutes at each location. 3 The nighttime noise level was estimated by reducing the daytime noise level by 5 dBA. RK11309TB JN:2536-2015-01 04 TABLE 3 Difference in Noise Level Measurements (dBA)1,2 without and with Dogs in the Yard Daytime Measured Noise Level (dBA) Site Time No. Started' Leq Lma. Lmn, LZ Ls LZs Lso Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 1 1.6 2.0 1.0 4.2 1.5 1.2 0.4 northern property line/wall. Measurement taken 22' away from the rear fa4ade of the house, and 10' away from the 2 1.5 5.6 0.1 0.2 0.8 0.7 1.6 southern property line/wall. Nighttime Estimated Noise Level (dBA)3 Site lime No. Started' Leq Lma. Lm;n LZ Ls LZs Lso Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 1.6 2.0 1.0 4.2 1.5 1.2 0.4 northern property line/wall. Measurement taken 22' away from the rear fagade of the house, and 10' away from the 2 1.5 5.6 0.1 0.2 0.8 0.7 1.6 southern property line/wall. Noise measurements taken on November 4, 2015. ' Noise measurements were taken for approximately 10 minutes without dogs and 5 minutes with dogs at each location. 3The nighttime noise level was estimated by reducing the daytime noise level by 5 dBA. RK11309TB JN:2536-2015-01 06 TABLE 4 Noise Level Measurements (dBA)''2 without Dogs in the Yard and with Airplanes Daytime Measured Noise Level (d BA) Site Time No. Started Leg Lmax I Lmin I LZ L8 L25 L50 Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 1 2:04 PM 57.8 72.2 41.5 69.4 63.3 49.7 44.9 northern property line/wall. Measurement taken 22' away from the rear fa4ade of the house, and 10' away from the 2 2:16 PM 61.2 74.2 41.1 69.8 66.1 61.4 55.8 southern property line/wall. Nighttime Estimated Noise Level (dBA)3 Site Time No. Started' -Leg Lmax Lmin L2 La Lzs L50 Comments Measurement taken 45' away from the rear fa4ade of the house, and 10' away from the 52.8 67.2 36.5 64.4 58.3 44.7 39.9 northern property line/wall. Measurement taken 22' away from the rear fa4ade of the house, and 10' away from the 2 56.2 69.2 36.1 64.8 61.1 56.4 50.8 southern property line/wall. Noise measurements taken on November 5, 2015. 2 Noise measurements were taken for approximately 10 minutes at each location. 3 The nighttime noise level was estimated by reducing the daytime noise level by 5 dBA. RK11309TB JN:2536-2015-01 00 TABLE 5 Dog Noise Reference Noise Level Measurements' Referenced Measured Noise Levels (dBA)' Distance from Reference Source Source (feet) Leq Lmax Site 1 20 52.0 68.6 Site 2 20 50.0 74.8 Maximum 20 52.0 74.8 ' Maximum noise level as a result of the dogs(29 dogs) in the yard. Calculated by reviewing Tables 1 &2. RK11309TB JN:2536-2015-01 07 TABLE 6 Projected Day/Nighttime Exterior Noise Levels at Northern Residential Units (dBA)' (without Airplanes) Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) LN L,,,,,, Site 1' 40 39.3 62.1 o_ O Existing Ambient Measurement' 55.4 71.0 Q C Total Combined Noise Impact° -- 55.5 71.5 W E City of Newport Beach not to Mm exceed Noise Standards' 60.0 80.0 Change in Noise Level as a result of Projects -- 0.1 0.5 Backyard Adjusted Noise Levels(BBA) Distance from Reference Source Source(feet) Lx� i,. _ Site 1 40 39.3 62.1 Q Existing Ambient Measurement? n 50.4 66.0 o_ O Total Combined Noise Impact° -- 50.7 67.5 v E t City of Newport Beach not to m exceed Noise Standards 50.0 70.0 Z Change in Noise Level as a result of Projects -- 0.3 1.5 ' Exterior noise levels calculated 10 feet past the property line of the nearest residential unit. See Table 1 and Appendix C for reference level to adjusted level conversion calculation printout. ' Refer to Table 1 for ambient measurement. See Appendix C for dBA calculations. Referenced from section 10.26.025 from Municipal Code The project is not expected to increase the overall noise levels, RK11309TB JN:2536-2015-01 02 TABLE 7 Projected Day/Nighttime Exterior Noise Levels at Southern Residential Units (dBA)' (without Airplanes) Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) LN Site 2' 40 39.3 62.1 CL O Existing Ambient Measurement' 53.8 70.6 Q C Total Combined Noise Impact° -- 54.0 71.2 v E City of Newport Beach not to Mm exceed Noise Standards' 60.0 80.0 Change in Noise Level as a result of Projects -- 0.2 0.6 Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) Lm 1,. _ Site 2 40 39.3 62.1 Q Existing Ambient Measurement? n 48.8 65.6 o_ O Total Combined Noise Impact° -- 49.3 67.2 v E t City of Newport Beach not to m exceed Noise Standards 50.0 70.0 Z Change in Noise Level as a result of Projects -- 0.5 1.6 Exterior noise levels calculated 10 feet past the property line of the nearest residential unit. See Table 1 and Appendix C for reference level to adjusted level conversion calculation printout. ' Refer to Table 1 for ambient measurement. See Appendix C for dBA calculations. Referenced from section 10.26.025 from Municipal Code The project is not expected to increase the overall noise levels, RK11309TB JN:2536-2015-01 1511 TABLE 8 Projected Day/Nighttime Exterior Noise Levels at Northern Residential Units (dBA)' (with Airplanes) Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) LN L,,,,,, Site 1' 40 39.3 62.1 o_ O Existing Ambient Measurement' 57.8 72.2 Q C Total Combined Noise Impact° -- 57.9 72.6 W E City of Newport Beach not to Mm exceed Noise Standards' 60.0 80.0 Change in Noise Level as a result of Projects -- 0.1 0.4 Backyard Adjusted Noise Levels(BBA) Distance from Reference Source Source(feet) Lx� i,. _ Site 1 40 39.3 62.1 Q Existing Ambient Measurement? n 52.8 67.2 o_ O Total Combined Noise Impact° -- 53.0 68.4 v E t City of Newport Beach not to m exceed Noise Standards 50.0 70.0 Z Change in Noise Level as a result of Projects -- 0.2 L2 ' Exterior noise levels calculated 10 feet past the property line of the nearest residential unit. See Table 1 and Appendix C for reference level to adjusted level conversion calculation printout. ' Refer to Table 1 for ambient measurement. See Appendix C for dBA calculations. Referenced from section 10.26.025 from Municipal Code The project is not expected to increase the overall noise levels, RK11309TB JN:2536-2015-01 7L) TABLE 9 Projected Day/Nighttime Exterior Noise Levels at Southern Residential Units (dBA)' (with Airplanes) Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) LN Site 2' 40 39.3 62.1 o_ O Existing Ambient Measurement' 67.2 74.2 Q C Total Combined Noise Impact° -- 67.2 74.5 W E City of Newport Beach not to Mm exceed Noise Standards' 60.0 80.0 Change in Noise Level as a result of Projects ^, 0.3 Backyard Adjusted Noise Levels(dBA) Distance from Reference Source Source(feet) Lx� 1,. _ Site 2 40 39.3 62.1 Q Existing Ambient Measurement? n 56.2 69.2 o_ O Total Combined Noise Impact° -- 56.3 70.0 v E t City of Newport Beach not to m exceed Noise Standards 50.0 70.0 Z Change in Noise Level as a result of Projects -- 0.1 0.8 Exterior noise levels calculated 10 feet past the property line of the nearest residential unit. See Table 1 and Appendix C for reference level to adjusted level conversion calculation printout. ' Refer to Table 1 for ambient measurement. See Appendix C for dBA calculations. Referenced from section 10.26.025 from Municipal Code The project is not expected to increase the overall noise levels, RK11309TB JN:2536-2015-01 71- Appendices Appendix A City of Newport Beach Noise Ordinance 73 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. 10.26.005Declaration of Policy. 0 SHARE ©10®...1 ................................................................................................................_......._........................................................................................................................................................................................................................ 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) 10.26.010Definitions. (0 SHORE per®._j 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. 74 "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 7$ 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. "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. 0 SHARE 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) 10.26.020Designated Noise Zones. SHARE �y®... 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. 7o The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone I, ll, 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. W SHARE M r®.. i ................................................................................................................................................................................................................................................................................................................................................... A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise Level, NOISE Leq) ZONE TYPE OF LAND USE 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. Q SHARE M W ED I A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property within all noise zones: ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level, NOISE Leq) ZONE TYPE OF LAND USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. 77 I Residential 45 DBA 40 DBA 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) 10.26.035Exemptions. 10 SHARE Mu®... 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 72 any time Sunday or a federal holiday, or 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 and10_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 1 0.26.045(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. 10 SHARE ©t1®... 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 10.26.025prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38 § 11 (part), 1995) 10.26.045 Heating, Venting and Air Conditioning--Special Provisions. L SHARE ©r®...I 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 79 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 10.26.030of this chapter until January 1, 1998. 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. O SHORE ©r®._, 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. 10 SHARE pr®._1 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. (O SHARE 00® 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) 20 10.26.070 Prima Facie Violation. IC SHAPE ................................................................................................................................................................................................................................................................................................................................................... Any noise exceeding the noise level standard as specified in Section 10.26.025 and10.26.030 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. FG—SHARE MOS... 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. 10 SHARE M 0 7„_ ................................................................................................................................................................................................................................................................................................................................................... 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. 0 SHAPE M r®..,J ................................................................................................................................................................................................................................................................................................................................................... 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. l0 SHARE M W U—j 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. (O SHARE ©r® I 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. 21 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) 10.26.100Severability. (O SHORE ©00 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) 22 Appendix B Photographs and Field Measurement Data 2S Field Sheet Project: Newport Tails Kennel Acoustical Study Engineer: Bob Kahn&Jethro Narciso Date: 11/4/2015 1N: 2536-2015-01 Measurement Address: City: Newport Beach Site No.: 1-2 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. Meter Settings: OO A-WTD ❑ LINEAR f7 SLOW ❑ 1/1 OCT OO INTERVALS 10 -MINUTE ❑ C-WTD ❑ IMPULSE ❑ FAST ❑ 1/3 OCT O LN PERCENTILE VALUES Notes: Measurement Type. All measurements taken in this first round are WITHOUT the dogs present in the yard.All Long-term measurements were taken over a 10-minute period,with occasional pauses to allow for plane and Short-term X helicopter flyovers. Start Time Stop Time Leq Unpin Lmax L2 L8 L25 L50 2:12 PM 1 2:22 PM 1 55.4 46.0 71.0 1 62.7 59.8 55.8 51.2 1 Measurement taken 45'away from the rear fa4ade 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. 2:25 PM 1 2:44 PM 1 53.8 1 46.7 1 70.6 1 61.7 1 57.4 1 53.2 1 49.6 2 Measurement taken 22'away from the rear facade 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. 0 0 3 4 5 grou0.Inc 8T Field Sheet Project: Newport Tails Kennel Acoustical Study Engineer: Bob Kahn&Jethro Narciso Date: 11/4/2015 1N: 2536-2015-01 Measurement Address: City: Newport Beach Site No.: 1-2 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. Meter Settings: OO A-WTD ❑ LINEAR f7 SLOW ❑ 1/1 OCT OO INTERVALS_5_-MINUTE ❑ C-WTD ❑ IMPULSE ❑ FAST ❑ 1/3 OCT O LN PERCENTILE VALUES Notes: Measurement Type. All measurements taken in this second round are WITH the dogs present in the yard.All Long-term measurements were taken over a 5-minute period,with occasional pauses to allow for plane and Short-term X helicopter flyovers. Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50 3:12 PM 1 3:18 PM 1 57.0 47.0 73.0 1 66.9 61.3 54.6 50.8 1 Measurement taken 45'away from the rear fa4ade 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. 2:49 PM 1 3:02 PM 1 55.3 1 46.6 1 76.2 1 61.9 1 58.2 1 53.9 1 51.2 2 Measurement taken 22'away from the rear facade 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. 0 0 3 4 5 grou0.Inc gb Field Sheet Project: Newport Tails Kennel Acoustical Study Engineer: Bob Kahn&Jethro Narciso Date: 11/5/2015 1N: 2536-2015-01 Measurement Address: City: Newport Beach Site No.: 1-2 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: 70° After 114.0/ 114.0/ 26.3/ Windspeed: Light Calibrator: Direction: — LD-250 250 Before / / / Skies: Clear Serial# 1322 After / / / Camera: Photo Nos. Meter Settings: OO A-WTD ❑ LINEAR f7 SLOW ❑ 1/1 OCT OO INTERVALS 10 -MINUTE ❑ C-WTD ❑ IMPULSE ❑ FAST ❑ 1/3 OCT O LN PERCENTILE VALUES Notes: Measurement Type. All measurements taken in this third round are WITHOUT the dogs present in the yard.All Long-term measurements were taken continuously over a 10-minute period. Planes and helicopters Short-term X occasionally fly over the neighborhood. Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50 2:04 PM 1 2:14 PM 1 57.8 41.5 72.2 1 69.4 63.3 49.7 44.9 1 Measurement taken 45'away from the rear fa4ade 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. 2:16 PM 1 2:26 PM 1 61_2 1 41.1 1 74.2 1 69.8 1 66.1 1 61.4 1 55.8 2 Measurement taken 22'away from the rear facade 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. 0 0 3 4 5 grou0.Inc 8�0 Field Sheet - ST1 Location Photos Project: Newport Tails Kennel Acoustical Study Engineer: Bob Kahn&Jethro Narciso Date: 11/4/2015 1N: 2536-2015-01 Measurement Address: 20281 Riverside Dr. City: Newport Beach Site No.: 1 i d J ���.. v • ' - - �4 r►r���.yy yam. r n ' ..1 '�' �'t �Y .n.l� V i I 1 r ) V ,.. .,� -• n 6 n.r�i_-, s } ��. a 'l �f� ® engineering groupengin rin �1? Field Sheet - ST2 Location Photos Project: Newport Tails Kennel Acoustical Study Engineer: Bob Kahn&Jethro Narciso Date: 11/4/2015 1N: 2536-2015-01 Measurement Address: 20281 Riverside Dr. City: Newport Beach Site No.: 2 1. .e r a / ^i ® engineering group,inc. rS 8 Appendix C Stationary Noise Calculations 29 NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the North-Daytime BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 55.4 71.0 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 55.5 71.5 0.2 0.2 0.2 0.2 9� NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the North-Night Time BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 50.4 66.0 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 50.7 67.5 0.2 0.2 0.2 0.2 91 NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the South-Daytime BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 53.8 70.6 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 54.0 71.1 0.2 0.2 0.2 0.2 �2 NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the South-Night Time BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 48.8 65.6 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 49.3 67.1 0.2 0.2 0.2 0.2 NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the North-Daytime with Airplanes BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 57.8 72.2 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 57.9 72.6 0.2 0.2 0.2 0.2 9`� NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the North-Night Time with Airplanes BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 52.8 67.2 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 53.0 68.4 0.2 0.2 0.2 0.2 9� NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the South-Daytime with Airplanes BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 61.2 74.2 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 61.1 74.5 0.2 0.2 0.2 0.2 J� NOISE BARRIER CALCULATIONS - BASED UPON FHWA- RD-77-108 PROJECT: Newport Tails-20281 Riverside Drive JOB#: 2536-15-01 SOURCE: Dog Kennel Noise DATE: 09-Nov-15 LOCATION: Home to the South-Night Time with Airplanes BY: Robert Kahn NOISEINPUTDATA OBS DIST= 40.0 DT WALL= 30.0 DT W/OB= 10.0 BARRIER+ HTH WALL= 6.0 ******** TOPO SHIELDING= -6.70 BARRIER= 0.0 (0=WALL,I=BERM) NOISE HTH EL= 2.0 OBS HTH= 5.0 NOISE HTH= 2.0 .(91-910ceffIRML OBS EL = 0.0 (10=3.0 dBA PER DOUBLING OF DISTANCE) NOISE EL= 0.0 (15=4.5 dBA PER DOUBLING OF DISTANCE) DROP-OFF= 20.0 (20=6.0 dBA PER DOUBLING OF DISTANCE) NOISEOUTPUT I dC DIST(FT) Leq Lmax L2 L8 L25 L50 REF LEVEL 20 52.0 74.8 PRO1 LEVEL 40 46.0 68.8 -6.0 -6.0 -6.0 -6.0 SHIELDING 40 -6.7 -6.7 -6.7 -6.7 -6.7 -6.7 AD1 PRO1 LEVEL 40 39.3 62.1 -12.7 -12.7 -12.7 -12.7 NOISE LEVEL REDUCTION DUE TO DISTANCE_ -6.020599913 NOISETOTAL dC Leq Lmax L2 L8 L25 L50 AMBIENT LEVEL 56.2 69.2 ADJ PROJ LEVELS 39.3 62.1 -12.7 -12.7 -12.7 -12.7 TOTAL NOISE LEVEL W/ PROJECT 56.3 70.0 0.2 0.2 0.2 0.2 V� QP �P 9g Attachment No. PC 5 NBMC Chapter 7.35 (Regulation of Kennels) 99 V� QP �P goo Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 1 of 15 Chapter 7.35 REGULATION OF KENNELS Sections: 7.35.010 Definitions. 7.35.020 Operator's Permit Required. 7.35.030 Application for Operator's Permit. 7.35.040 Police Department Review. 7.35.050 Operator's Permit Issuance and Denial. 7.35.060 Requirements of Operation. 7.35.070 Humane Animal Care. 7.35.080 Kennel Construction Standards—General. 7.35.090 Kennel Operating Standards—General. 7.35.100 Indoor Kennel Standards. 7.35.110 Outdoor Kennel Standards. 7.35.120 Kennels for Dogs. 7.35.130 Cat Enclosure Construction. 7 ,5.140 Rabies Vaccination. 7.35.150 Identification. 7.35.160 Fees. 7.35.170 New/Existing Permittees. 7.35.180 Transfer and Duration of Permits. 7.35.190 Suspension, Revocation, Denial and Appeal. 7.35.010 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. "Cat" means any cat or feline. "Chief of Police" means the Chief of Police of the City of Newport Beach, or his or her designated representative. "Commercial kennel" means any place 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, but not limited to, donations by any person or entity. The definition of commercial kennel shall not include a kennel operated by a State-licensed veterinarian or any pet store. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 101 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 2 of 15 "Dog" means any dog or any canine. "Kennel" means any commercial kennel, non-profit kennel or private kennel. "Non-profit kennel" means any place owned or operated by a non-profit organization 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, or raised and whose function is to rescue, care, feed and place animals with the public either for no compensation or for donations. The definition of a non-profit kennel shall not include a location operated by a State-licensed veterinarian or any pet store. "Non-profit organization" means a non-profit organization, as defined in Section 501(c)(3) of the Internal Revenue Code. "Operator" means the legal owner, permit holder, or person in actual control of any activity involving animals at a kennel. "Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Any person who is registered as the owner on a license or other legal document shall be deemed an owner of the animal. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch. "Private kennel" means any place 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, or raised for which no compensation is received, including, but not limited to, donations by any person or entity. The definition of private kennel shall not include a location operated by a State-licensed veterinarian or any pet store. "Run" means the floor surface and cage, exclusive of the sleeping box, used to contain or maintain dogs, cats or other animals. (Ord. 2008-12 § 1 (part), 2008) 7.35.020 Operator's Permit Required. No person shall operate a kennel within the City without first obtaining an operator's permit pursuant to this chapter. (Ord. 2008-12 § 1 (part), 2008) 7.35.030 Application for Operator's Permit. A. Required Forms. Any person desiring an operator's permit for a kennel shall file a written application on the required forms prescribed by the Chief of Police who shall conduct an investigation. B. Required Information. The application for a commercial kennel or non-profit kennel shall contain or be accompanied by the following information: The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 102 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 3 of 15 1. The type of ownership of the business, i.e., whether by a sole proprietorship, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer; 2. The precise name under which the commercial kennel or non-profit kennel is to be conducted; 3. The name and address of the owner and lessor of the real property upon or in which the commercial kennel or non-profit kennel is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a commercial kennel or non-profit kennel will be located on his or her property; 4. All necessary information establishing that the proposed commercial kennel or non-profit kennel use complies with the zoning regulations of the City; 5. A list of the type(s) of animals proposed to be kept or used for any purpose, together with the estimated maximum number thereof; 6. The days and hours that the commercial kennel or non-profit kennel is open to customers or the public; 7. Authorization for the City, its agents and employees to seek verification of the information contained in the application; 8. Such other documents and information as the Chief of Police may require to determine the truth of the matters herein specified and as required to be set forth in the application. C. Verification. The application shall be completed and signed by the operator of the proposed kennel, if a sole proprietorship; all general partners, if the operator is a partnership; two officers or two directors, if the operator is a corporation; and one participant, if the operator is a joint venture. The person(s) signing the application for a kennel operator's permit shall certify under penalty of perjury that all information contained in the application is true and correct. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 103 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 4 of 15 D. Notification. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Newport Beach Police Department of such change within ten business days thereafter, in writing. E. Fees. Applications for a kennel operator's permit shall be accompanied by a fee as established by resolution of the City Council. Non-profit kennels shall not be charged any application or permit fee under this chapter. F. Waivers. The Chief of Police may waive the submission of items deemed unnecessary. (Ord. 2008-12§ 1 (part), 2008) 7.35.040 Police Department Review. A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an application, the Chief of Police shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete. B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) calendar day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Chief of Police and the applicant. (Ord. 2008-12 § 1 (part), 2008) 7.35.050 Operator's Permit Issuance and Denial. The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings: A. The applicant, if an individual; or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership; or a participant, if the operator is a joint venture; or any of operator's members, managers, volunteers or employees has: 1. Within eight years preceding the date of the application or a renewal application, been convicted on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals, including, but not limited to, any conviction of California Penal Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 597i, 597j, 597k, 597m, 597n, 5970, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser included or lesser related offense, in The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 104 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 5 of 15 satisfaction of, or as a substitute for, any of the previously listed crimes; 2. Within eight years preceding the date of the application or a renewal application, been convicted on two occasions of any offense in any other State which is the equivalent of any of the abovementioned offenses; 3. Been engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation under this chapter; 4. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance; 5. On two occasions, within the last eight years, been engaged in conduct which would constitute an offense as described in subsection (A)(1) of this section; 6. Committed an act in another jurisdiction which, if committed in this State, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit; 7. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; 8. Had a kennel operator permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County or State; 9. Made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 10. Failed to submit an application that contains all of the information required by Section 7.35.030; 11. Proposed a kennel that does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; 12. Within eight years of the date of the application, been convicted on two occasions of a criminal offense for violating the requirements of this chapter; 13. Within eight years of the date of the application, had a dog owned or under the persons control declared to be potentially dangerous or vicious. B. If the application is denied, the applicant may not reapply for a period of six months from the date the application was denied. C. No permit granted herein shall confer any vested right to any person or business. (Ord. 2008-12 The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 1015 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 6 of 15 § 1 (part), 2008) 7.35.060 Requirements of Operation. A. All operators and managers of a commercial kennel or non-profit kennel shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. No person granted a permit pursuant to this chapter shall use any name or conduct business under any designation not specified in his or her permit. 2. All commercial kennels and non-profit kennels required to be permitted under this chapter shall have a manager on the premises at all times the kennel is open to customers or the public. The operator of each kennel shall file a statement with the Chief of Police designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name of each on duty manager in a conspicuous public place in the lobby of the commercial kennel or non-profit kennel. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this chapter. 3. An operator and/or on duty manager shall be responsible for the conduct of all employees, volunteers or independent contractors while they are on the permitted premises. Any act or omission of any employee, volunteer or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed. 4. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the premises. The operator and/or on duty manager shall not maintain, treat, condition, board, raise or offer for sale for any compensation, including, but not limited to, donations, at the commercial kennel or non-profit kennel any kind of animal not authorized by the Chief of Police and/or that exceeds the maximum kind and number of animals authorized by the Chief of Police. 5. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) calendar days prior to such change. 6. Operator shall maintain a register of the names and addresses of person from whom animals have been received and to whom animals have been sold, traded, rented, leased, or given. This information shall be available to the Chief of Police upon demand. 7. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief of Police. Such form shall be filed with the application for a permit. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 100 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 7 of 15 8. The operator shall display the permit issued by the Chief of Police in the office, reception room, or other area accessible for inspection. 9. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 10. All operators, upon being granted a commercial kennel or non-profit kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his/her authorized designee for the purpose of conducting such inspections as he/she may deem required. The inspections shall be conducted with the operator or manager present. 11. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. B. All operators of a private kennel shall comply with the following conditions and any other conditions specified by the Chief of Police: 1. The Chief of Police shall establish the kind and maximum number of animals authorized to be maintained on the premises. The operator shall not maintain, treat, condition, board, or raise any kind of animal not authorized by the Chief of Police and/or that exceeds the maximum kind and number of animals authorized by the Chief of Police. 2. The operator shall report in writing any changes in address to the Chief of Police at least fifteen (15) calendar days prior to such change. 3. All animals maintained, treated, conditioned, boarded or raised at the premises shall be owned by the operator. 4. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief of Police. Such form shall be filed with the application for a permit. 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his or her authorized designee for the purpose of conducting such inspections as he or she may deem required upon seventy-two (72) hours' written notice. The inspections shall be conducted with the operator present. 6. Each permit shall automatically terminate on the expiration date shown thereon unless, on The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 1b:�n Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 8 of 15 or before such date, application for renewal has been submitted and approved as herein provided. 7. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. (Ord. 2008-12 § 1 (part), 2008) 7.35.070 Humane Animal Care. A. Sale of Puppies and Kittens. Every person who owns, conducts, manages or operates commercial kennel or non-profit kennel shall comply with each of the following conditions: 1. No puppy or kitten under the age of eight weeks shall be brought or shipped into the City for the express purpose of selling the animal. This subsection shall not apply to non-profit kennels that accept a distressed puppy or kitten under the age of eight weeks from any other location. 2. Every puppy or kitten offered for sale must be examined by a State-licensed veterinarian for distemper, worms, skin disease and ear mites, and other disease or conditions which would be injurious to the animal or a potential owner. 3. Every puppy or kitten offered for sale, including, but not limited to, donations from any person or entity, shall have been vaccinated against distemper. Documentation providing the date and treatment shall be provided to the purchaser or donor at the time of sale. B. Feeding and Watering. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: 1. Animals shall be provided food which shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirement for the condition and size of the animal. 2. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of food. 3. Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks. (Ord. 2008-12 § 1 (part), 2008) 7.35.080 Kennel Construction Standards—General. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 102 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 9 of 15 A. Construction and Maintenance. Housing facilities for animals shall be constructed, equipped, and maintained so as to continuously provide a healthful and sanitary environment, as approved by the Chief of Police, for the animals kept or to be kept therein. B. Shelter and Exercise. There shall be adequate shelter from the elements and sufficient space for exercise. C. Waste Disposal. There shall be adequate drainage and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage system, it must comply with the provision of the California Plumbing Code and other applicable ordinances and regulations. (Ord. 2008-12 § 1 (part), 2008) 7.35.090 Kennel Operating Standards—General. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions: A. Good Citizenship. No person shall allow any animal for which they are responsible to constitute or cause a hazard, or to be a menace to the health, safety, or peace of the community. Each animal for which the person is responsible shall be kept in such a manner as may be prescribed to protect the animals from the public and the public from the animals. B. Cruelty. Each person who is responsible for an animal shall take every reasonable precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are natural enemies, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives shall not be used by operators on any animal without the written permission of the owner of the animal. C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals. The Chief of Police or his/her designee may order any animal to be examined and/or treated by a veterinarian. D. Vector Control. There shall be adequate and effective means of control of insects and rodents and such control must be vigorously maintained at all times. E. Waste Disposal. Each person shall provide for the daily disposal of all animal feces and wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and wastes shall be collected not less often than daily, and shall be stored in fly-tight containers until removed. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 1OJ° Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 10 of 15 F. Escaped Animals. Operator has full responsibility for recapturing any animal that escapes. G. Exercise. All efforts to exercise animals shall be documented on a"Daily Exercise Log." This log shall be open to inspection by the Chief of Police. Logs shall be maintained for a period of one year. (Ord. 2008-12 § 1 (part), 2008) 7.35.100 Indoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following applicable conditions for indoor housing facilities: A. Heating. Kennels shall be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. B. Ventilation. Kennels shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such kennels shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning, shall be provided when the temperature at the level of the animals is eighty-five (85) degrees Fahrenheit or higher. C. Lighting. Kennels shall have ample and well-distributed light by natural or artificial means adequate to permit routine observation of the animals and/or proper cleaning of the facilities. D. Interior Surfaces. Interior surfaces of commercial kennels and non-profit kennels shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. E. Drainage. A suitable method shall be provided to rapidly eliminate excess water at commercial kennels and non-profit kennels. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and installed in accordance with plumbing codes and applicable ordinances and regulations so as to prevent any backup of sewage onto the floor of the room. (Ord. 2008-12 § 1 (part), 2008) 7.35.110 Outdoor Kennel Standards. Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions for outdoor housing facilities: A. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun. B. The animals shall be provided with access to shelter to allow them to remain dry during inclement weather. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 110 Newport Beach Municipal Code Chapter 7.35REGULATION OFKENNELS Page 11o|15 C. When the atmospheric temperature falls below fifty (50) degrees Fahrenheit, sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. ([)rd. 20OU'12Q1 (pord, 2008) 7.35.12RKennels for [}m�a� Every person who owns, conducts, manages or operates a commercial kennel or non-prof it kennel housing dogs shall comply with each cdthe following conditions: A. Exterior Enclosed. The exterior nf the commercial kennel urnon-profit kennel area shall be completely fenced orotherwise enclosed. B. Run Sizes. All commercial kennels or non-profit kennels housing dogs shall have runs. Each single run shall have 8minimum floor area 0fsixteen /16\ square feet, not including the housing area, and the width shall be not less than three linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches, expressed insquare feet. C. Run Construction. Runs shall be constructed to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, and also for ease of cleaning. Dogs belonging to different owners shall not be housed or penned together without the written approval of all owners concerned. All runs shall be constructed as follows: 1. Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not less than one-fourth (1/4) inch per foot; such drain or gutter shall be connected to an approved sewerage system 8srequired bvthe California Plumbing Code; 2. Pea gravel or other suitable material of sufficient thickness, and over an adequately porous base to assure that all liquids are readily drained away (no matter from what source) and that solid material can be readily removed and properly disposed of. The finding of heavy concentrations orparasite eggs insamples taken from the upper three inches ofthe run floor shall be adequate evidence that the cleaning and sanitation of the run is not being satisfactorily accomplished; or 3. Any manner which assures that all waste material can be easily removed and/or washed away, and that the run and surrounding area issanitary and free from parasitic buildup. D. Commercial Kennels Boarding Dogs not Owned by the Operator or Owner of the Commercial Kennel. All commercial kennels shall require an owner's written statement that his dog(s) is immunized against distemper, hepatitis, and leptospirosis before accepting dogs for boarding or breeding. The Newport Beach Municipal Code incurrent through Ordinance 2015'33, passed November 24, 2O15. 1-1� Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 12 of 15 E. Housing Size. Primary enclosures must also comply with one of the following: 1. Regular Housing. The run must be contiguous with the enclosure, or other shelter acceptable to the Chief of Police which is continuously accessible and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, jump, sit, or lie in a comfortable position. 2. Temporary Housing. For animals being transported in a vehicle, held at a pet show, or otherwise temporarily housed for not more than seventy-two (72) hours, or as otherwise specified by the Chief of Police, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one full hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. F. Housing Construction. All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein shall have convenient access to clean drinking water. If the floor is solid and the dog cannot exit at will, there shall be newspapers, shavings, or other absorbent material on the floor. (Ord. 2008-12§ 1 (part), 2008) 7.35.130 Cat Enclosure Construction. Every person who owns, conducts, manages or operates a commercial kennel or non-profit kennel housing cats shall comply with each of the following conditions: A. Enclosures shall be constructed to effectively enclose the cats housed therein. B. Construction shall permit ready observation and handling of cats confined, and also ease of cleaning. C. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. D. Enclosures shall be floored in any manner which assures that all waste material can be easily removed and/or washed away, and that the enclosure and surrounding area is sanitary and free from parasitic buildup. E. The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain the excreta. (Ord. 2008-12 § 1 (part), 2008) The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 112 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 13 of 15 7.35.140 Rabies Vaccination. It is the responsibility of the operator or on duty manager to be able to prove at any time that all dogs on the premises, which are over four months of age, have been properly vaccinated against rabies. (Ord. 2008-12 § 1 (part), 2008) 7.35.150 Identification. A commercial kennel or non-profit kennel operator must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals. A. For dogs required to be individually licensed, this shall consist of: (1) the license tag either on the dog; (2) the license tag number recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or (3) if the dog is not licensed, that fact shall be clearly noted on the kennel record. B. For a dog staying on a temporary basis, which is not required to be individually licensed, the custodian must have in his/her possession some identification and evidence of his/her relationship to the owner thereof. (Ord. 2008-12 § 1 (part), 2008) 7.35.160 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this Code. Non-profit kennels shall not be charged any fees associated with the administration of this chapter. (Ord. 2008-12§ 1 (part), 2008) 7.35.170 New/Existing Permittees. A. Commencing on the effective date of the ordinance codified in this chapter, all permits are to be issued in accordance with the provisions of this chapter. Any operator who does not have a permit, shall obtain a permit within ninety (90) days of the effective date of the ordinance codified in this chapter. B. Existing operator's permits shall continue in effect until expiration or one year after the effective date of the ordinance codified in this chapter, whichever is sooner. (Ord. 2008-12 § 1 (part), 2008) 7.35.180 Transfer and Duration of Permits. A. No permit issued hereunder shall be transferable to any other person or kennel. B. Operator's permits shall be for a period of three years provided that the operator continues to meet the requirements set out in this chapter. The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 123 Newport Beach Municipal Code Chapter 7.35 REGULATION OF KENNELS Page 14 of 15 C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) calendar days prior to the expiration of the permit to prevent a lapse of the permit. D. Renewal applications shall require such information as may be required by the Chief of Police to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by resolution of the City Council. (Ord. 2008-12 § 1 (part), 2008) 7.35.190 Suspension, Revocation, Denial and Appeal. A. Violation and Noncompliance. The Chief of Police may deny an application for a permit, may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions, based on the grounds set forth in Section 7.35.050 of this chapter or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to an Administrative Hearing Officer in the time and manner set forth in this section. B. Notice. When the Chief of Police concludes that grounds for denial, suspension, revocation or refusal to renew an existing permit, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew existing permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to an Administrative Hearing Officer, and the decision will be final if no appeal is filed within the time permitted. C. Appeal. 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15) calendar days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department of the City of Newport Beach. 2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the Administrative Hearing Officer. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. 3. Procedures for appeals to an Administrative Hearing Officer shall be the same as the appeal procedures set forth in Chapter 1.05 of this Code, except as expressly set forth in this section. (Ord. 2008-12§ 1 (part), 2008) The Newport Beach Municipal Code is current through Ordinance 2015-33, passed November 24, 2015. 114 Attachment No. PC 6 Project Plans 115 V� QP �P PA2015-199 Attachment No. PC 6 - Project Plans CONSTRUCTION: Notes from Dan Kennedy + head building official: PEDESTRIAN PROTECTION ADJACENT TO PUBLIC WAY TO BE AS -Must have ADA Bathroom FOLLOWS: -Must have ADA parking spot -Must have ventilation plan COC TABLE 3306.1 -Must have heating (animal control code) PROTECTION OF PEDESTRIANS Y®ONTOI T6�aF.".°N -Drainage plan OpNgIPolCllq, OMTANLEFRMCcft%T UeoONTOLOT UM RE°aYM KEY NOTES Lea N,S feel Cmal,uctim rai'm ❑I EXISTING LAWN YfIUN aw La,Aon Stat Brrx"or.=we,e]..alkna• bkd a:R:a.IMrKKmJztl,n crrtVw!i uel,e:tttN WnY,n;[Ipn Sura tier._o,e:e:l..nll:..e•. M1lmeAn I NN BAY Ynlara.alll MVHenare-IeurR Y4 anNaY ma !f4'M'rYtlbn BNv zAr Amaro.lan"xawm Aro-wn me mi AYnAnwnon NYW 2 NOT USED EXISTING STONE PAVERS 1. VISIT THE SITE TO BECOME FAMILIAR WITH THE EXISTING CONDITIONS TO BETTER PROPERTY LINE = 60'-0" 5 5q0 48' 45" W UNDERSTAND THE REQUIREMENTS OF THE CONTRACT DOCUMENTS. VERIFY ALL ,W, y , +, ,+ , y +. * , +, . . ,+, a r ,+ , y W, ,+ , Y , +, . , * . +. . + .+. 4❑ LANDSCAPE AREA, DIMENSIONS, ELEVATIONS AND CONDITIONS PRIOR TO BEGINNING ANY WORK AND W W W W W W W + + + + + W + + W + + W W + + W W + W + NOTIFY THE ARCHITECT OF ANY DISCREPANCIES. DO NOT SCALE DRAWINGS. 1. INCLUDED AS A DEPARTMENT OF FIRE PREVENTION REQUIREMENT. + + +' '+ : + 6 : '+' : ' : '+ ' : ' : 'W : + + : '+. :r . . .+ . . : .+ . . SET BACK LINE DO IT RIGHT TECHNOLOGIES 2. UNLESS OTHERWISE INDICATED ON THESE DRAWINGS OR IN THE PROJECT MANUAL AS 2. THE MAXIMUM FLAME SPREAD CLASSIFICATION OF FINISH MATERIAL USED ON + + + + + W W •+• + • + •+ • •4 +• •+ • + • +• + W •+• W W •+ • W • +• + BEING N.I.C. OR EXISTING,ALL ITEMS, MATERIALS, ETC.AND INSTALLATION OF THE INTERIOR WALLS AND CEILINGS SHALL NOT EXCEED THAT SET FORTH IN THE UNIFORM W W. .W W W. + W .+. V +. .+ . W W. .+ W +. .W W W. r v W W W. .W W V. .+ © PROPERTY LINE. SAME ARE PART OF THE CONTRACT DEFINED BY THESE DRAWINGS AND BUILDING CODE(UBC). ` • `• • ` •` ' ` ` • '• ` ` ` • • ` ` • ` •` `• ` ` `• ` ' ` ` • '• PO BOX 7784 SPECIFICATIONS. ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` CURB LINE. 3. PROVIDE FIRE STOPPING TO CUT OFF ALL CONCEALED DRAFT OPENINGS(BOTH ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` Newport Beach, CA 92658 3. SOLELY AS A CONVENIENCE TO THE OWNER AND CONTRACTOR,THE ARCHITECT MAY VERTICAL AND HORIZONTAL)AT 10'0"O.C. EACH WAY. W' W W 'W ' W W' 'W W W' 'W W '+' W W 'W' + W 'W ' + W' 'W W W' W W W W W INCLUDE DOCUMENTS(OR INCORPORATE RECOMMENDATIONS)PREPARED BY ` " ' ` ' " ' ` ' " " ' ` ' " ` '" ` ' ` " ' ` ' " " ' ` ' " " ' ` . 1. ` ' ` El EXISTING AIR CONDITIONER (949) 300-3967 CERTAIN OWNER CONSULTANTS INTO THE DOCUMENTS ISSUED BY THE ARCHITECT. IT 4. FOR EACH BUILDING SPACE PROVIDE 4" HIGH ADDRESS NUMBERS, REVERSE READING, S EXPRESSLY UNDERSTOOD AND AGREED THAT FOR ANY INFORMATION PROVIDED BY "FUTURBOLD." MOUNT DIRECTLY + W + W + + W + F + + W ` ' ` +' `W . V W ' +W' . + W+ V ` ' *W +' ` + CONTRASTING COLOR, SIMILAR TO LETTERSET RW BUILDING LINE SAID CONSULTANTS,THE ARCHITECT ASSUMES NO LIABILITY, REGARDLESS OF SUCH ABOVE ENTRANCE DOORS OR CONSPICUOUS LOCATION SO THEY ARE VISIBLE FROM INCLUSION. THE STREET. PROVIDE FRONT READING AT REAR DOORS. FOR EACH MAJOR TENANT I + • +• w + • +• . W •+• W •+ • + • +• •+ • + • +• w + •+• + + •+• W v •W • + • +• •+ • I (E) SPRING LOADED GATE SELF CLOSING,PROVIDE HOLD BACKS FOR EASE OF USE 12"HIGH, 3/4"THICK, INTEGRALLY COLORED ACRYLIC NUMBERS. VERIFY SIZE The Drawings,Specifications and other documents prepared by 4. THE SOIL REPORT FOR THIS PROJECT IS FOR REFERENCE ONLY. NOTIFY THE AND LOCATION WITH FIRE DEPARTMENT. Architect for this Protea are for use on the Project only and ARCHITECT, ENGINEER AND OWNER OF ANY DISCREPANCY BETWEEN THIS REPORT EDGE OF TURF may not beused(1)onany other projoi(2)foe additonsto AND THE PLANS OR SPECIFICATIONS PRIOR TO BEGINNING WORK. 5. PROVIDE A COMPLETE SUPERVISED AUTOMATIC FIRE SPRINKLER SYSTEM IN STRICT + + + + + + + + + + + + + + + + + + + + + + + + + + + + this Project,or(3)teethe completion of this Projectbyothers, ACCORDANCE WITH THE FIRE DEPARTMENT REGULATIONS. SUBMIT PLANS BY A . + + W + + W w o W• + + : + + + : w + + + + W W + W I� PROPOSED,......_.. .... STRUCTURE 19'X50' (950sgft - 50sgft for restroom) unless othe:wiseexpressly agreed by Architect in wming.The 5. IN THE EVENT OF A DISCREPANCY BETWEEN PLANS AND SPECIFICATIONS,THE MORE LICENSED FIRE SPRINKLER CONTRACTOR DIRECTLY TO THE FIRE DEPARTMENT, Drawings,Specifications and other documents prepared b y BUILDING DEPARTMENT AND TENANT INSURANCE COMPANY FOR REVIEW AND ratingsStick frame construction to meet 1-hour fire Architect for this Pmiect are the excluiproperyof theSTRINGENT REQUIREMENT SHALL APPLY. WSET+BASK ® as. 18 (E) CITY STANDARD C.M.U. WALL 6' MAX HEIGHT ALONG PROPERTY LINE, Architect and may not be used,duplicated,copied,transferred, + �• + W + W + + + + + + + + + + + + + + W + +' + APPROVAL. SUBMIT SHOP DRAWINGS TO THE ARCHITECT PRIOR TO INSTALLATION, assigned,sold,or hypothecated without the express written 6. ALL WORK AND MATERIALS SHALL CONFORM TO THE LATEST ADOPTED UNIFORM WITH ALL APPROVALS STAMPED THEREON. + + W W W W W W W W W W W + W + + W + W + W FOR PLANTER WALLS REFER TO LANDSCAPE AND OR ELEVATIONS permission of the designer. Designer retains all common low, BUILDING CODE(AS AMENDED),ALL ORDINANCES AND REGULATIONS OF THE CITY OR W W W S W W W + W + W W W W W W W W W W W W W 'W statutory,and other legal rights,including copyright,in and to COUNTY WITH JURISDICTION,AND ANY SPECIAL REQUIREMENTS INDICATED IN THE 6. EXIT SIGNS SHALL MEET THE REQUIREMENTS OF THE BUILDING AND FIRE CODES. SEE ELECTRICAL PANEL LOCATION (EXISTING) the Drawings,Specifications and other documents prepared by + . +. + + + + + + + + + + W + + + + + + + + + +. .+ . designer. BUILDING SUMMARY OR THESE GENERAL NOTES. FLOOR PLANS, REFLECTED CEILING PLANS,AND ELECTRICAL LIGHTING PLANS FOR + W W W W W W W W W W W W W W + W W W + W WB 2015 DO IT RIGHT TECHNOLOGIES LOCATION OF EXIT LIGHTING. PROVIDE EXIT PATH LIGHTING GIVING A VALUE OF ONE +' + + + + + + + , + + ° + + , + + + + + + + IS EXISTING WATER HEATER AND CABINET 7. ALL EXTERIOR SIGNAGE IS EXCLUDED FROM THIS CONTRACT. THE SIGN CONTRACTOR FOOT CANDLE MINIMUM AT FLOOR LEVEL. ILLUMINATED EXIT SIGNS SHALL BE : '+ + + + W W W + W W W W W W W + + + W + + WILL OBTAIN SEPARATE APPROVALS AND PERMITS FROM GOVERNING AGENCIES FOR POWERED FROM SEPARATE CIRCUITS AND SEPARATE SOURCES. W + W + W + + + + + + + + + + + + + + W + 'W Ib EXISTING DRIVEWAY SIGNAGE. W W W W W W W W W W W W W W + W W W W 4 7. ALL EXIT DOORS SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY W. + + W W W W W W + + + W + W + + + W + W + W W W w R 7 NEW ASTRO TURFF O B. BE RESPONSIBLE FOR OBTAINING AND PAYING FOR ALL PERMITS, LICENSES, OR ANY SPECIAL KNOWLEDGE OR EFFORT. ONLY THE MAIN EXIT DOOR MAY HAVE KEY . + W + + + + • W W W W W W W W W W W + W + + + + INSPECTIONS AND TESTING AS REQUIRED BY THE CONTRACT DOCUMENTS OR ANY OPERATED HARDWARE AND SHALL BE LABELED"THIS DOOR TO REMAIN UNLOCKED RELOCATED EXISTING STORAGE SHED GOVERNMENT AGENCY. DURING BUSINESS HOURS" IN BLOCK LETTERS A MINIMUM OF 1"HIGH ON + + + + W W W W W W W W W W V W W W + + W W W W W CONTRASTING BACKGROUND. EFFORT TO OPERATE IS NOT TO EXCEED 5 LBS. FOR I ` ` ` ` ` + ` ` + + ` ` ` + ` ` ` ` ` + ` ` ` ` + I ` ` I 9 NEW FLAT WORK 4"CONC.SLAB ON GRADE WITH #4'S EACH WAY @ 16"O.C. 9. PROVIDE ALL LABOR, MATERIALS, EQUIPMENT, TOOLS, TRANSPORTATION, UTILITIES, EXTERIOR AND INTERIOR DOORS AND 15 LBS. FOR FIRE RATED DOORS. W + + + W + W • W W W W W W W + W W W W + + + W + 1 OTHER SERVICES AND RELATED TASKS NECESSARY FOR PROPER EXECUTION OF THE ♦ . +. . + + W W W W W W + + + + + + + + + + + + + W W W, v . Ir CONSTRUCTION REQUIRED BY THE CONTRACT DOCUMENTS. 8. WITHIN A STRUCTURE MAINTAIN AISLES LEADING TO REQUIRED EXITS CONTINUOUSLY 5X6'OF KENNEL SPACE DEVOTED TO (1) DOG TOTAL TO A PUBLIC WAY OR APPROVED REFUGE AREA. MAX KENNEL SPACE FOR 29 DOGS MAX PER ANIMAL CONTROL REQUIURMENTS ^^ 10. ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOBSITE CONDITIONS. COMPLY 21 NEW WOOD PICKET FENCE WITH A SOLID WOOD FACE PAINT TO MATCH o +' W + + W W W W W + + W W W W W • W W W W + + W W W O WITH SAFETY REGULATIONS AND RESTRICTIONS AS REQUIRED FOR WORKER AND 9. MAINTAIN A EXTERIOR WALKWAYS WITH A MINIMUM WIDTH OF 48"TO A PUBLIC WAY. O ADJACENT RESIDENCE. PEDESTRIAN PROTECTION DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT. 8'X10' R ALL UP DOc�R Bill0' ROLL U DOOR 8'X10' R LL UP DOPR Bill0' ROLL U DOOR W WLID ° PROVIDE PROTECTION AS REQUIRED TO PREVENT ANY DAMAGE TO EXISTING 10. ONE-HOUR FIRE RATED CORRIDORS SHALL HAVE DOOR OPENINGS PROTECTED BY + P Q P . z ©2 NEW 42"GATE WITH SPRING LOADED SELF CLOSING W/A.D.A. CONSTRUCTION WITHIN AND ADJACENT TO THE JOBSITE. WHERE DAMAGE OCCURS, TIGHT-FITTING SMOKE AND DRAFT CONTROL ASSEMBLIES WITH A 20 MINUTE LABEL. _ : ' +'� : '+ ' - COMPLIANT DOOR HARDWARE. REPAIR OR REPLACE DAMAGED AREA AND/OR MATERIAL AS REQUIRED TO THE DOORS SHALL BE MAINTAINED SELF-CLOSING. DOORS SHALL BE GASKETED TO L W ' _ I _ _ _ I _ _ _ _ _ I _ _ + Oi 23 CHAIN LINK FENCE DOG RUN DIVIDER Q OWNER'S APPROVAL AT NO ADDITIONAL COST. THESE REQUIREMENTS SHALL APPLY PROVIDE A SMOKE AND DRAFT SEAL. + + ¢ - T - - - T26 2 - - - - T + + Ln CONTINUOUSLY AND NOT BE LIMITED TO NORMAL HOURS. + . P ( ) ( ) • m \ NEW RIDGE LINE +/- 11'-6" 1 11. PROVIDE FIRE DAMPERS WHERE DUCTWORK PENETRATES A FIRE RATED WALL OR n ` . •.w W LL ® EXISTING PATH OF TRAVEL: ALL SLOPE CONDITIONS SHALL COMPLY WITH 17. BRING ANY REVISION OR ADDITIONAL WORK REQUIRED BY FIELD CONDITIONS OR CEILING ASSEMBLY. W -TDOOR n I I I I _+ ACCESSIBLE ROUTE CRITERIA PER STATE OF CAL.TITLE 24.44"CLEAR `J LOCAL GOVERNING AUTHORITIES TO THE ATTENTION OF THE ARCHITECT BEFORE + ' LL I I LI115T�J �- + ` UNDISTURBED PATH WITH NO MORE THEN 2%SLOPE IN THE DIRECTION AJ PROCEEDING. 12. DURING CONSTRUCTION AND/OR DEMOLITION, PROVIDE A PORTABLE FIRE -1 OF PATH AND NO MORE THEN 5%CROSS SLOPE. (EXISTING). Q EXTINGUISHER WITH A RATING OF NOT LESS THAN 2A OR 2A10BC WITHIN 75'TRAVEL ` ` 900 S.F. W W 12. VERIFY THE SIZE AND LOCATION OF ALL UTILITY LINES AND STUBS TO THE BUILDING(S) DISTANCE OF ALL PORTIONS OF THE BUILDING ON EACH FLOOR. ADA COmpllant + + ` TY29 DOGS MAX +• (25) Roof ventilation O THAT ARE INDICATED ON THE PLANS. BRING ALL UTILITY LINES(WATER, SEWER, GAS restroom AND ELECTRICAL, ETC.)INTO THE BUILDING, FROM TERMINATION POINTS AS INDICATED 13. AT THE TIME OF OCCUPANCY PERMIT, PROVIDE EXTINGUISHERS OF THE SIZE AND ` _ - - - - (26) Heater J - - - - - - � - - ON THE SITE PLANS, READY FOR SERVICE. PRIOR TO THE COMMENCEMENT OF THIS TYPE REQUESTED BY THE FIRE OFFICIAL. FIRE EXTINGUISHERS LOCATIONS SHALL BE y.W + D R L X1 O' RQLL UE DOOR `W + t WORK, BRING ANY DISCREPANCIES TO THE ATTENTION OF THE ARCHITECT. DETERMINED BY FIELD INSPECTION IF NOT INDICATED ON THE APPROVED PLANS. + • +• W W D GENERAL NOTES LOCATIONS SHALL BE AGREED UPON BY THE INDIVIDUAL TENANTS AND THE FIRE I + + ° I A ° + I Q NEW PATH Of TRAVEL• .4 13. PRIOR TO PLACEMENT OF CONCRETE FOOTINGS AND SLABS, RETAIN THE SERVICES OF OFFICIAL. ALL FIRE EXTINGUISHERS TO HAVE U.L.APPROVAL. W• M _ _ _ � Iq W . 13 A REGISTERED CIVIL ENGINEER OR LICENSED LAND SURVEYOR TO INSPECT THE I ■ _ FORMS FOR FOOTING PLACEMENT, LOCATION OF BUILDING PAD AND ELEVATION OF 14. PRIOR TO DELIVERY OF COMBUSTIBLE BUILDING MATERIAL TO THE PROJECT SITE,THE A. REFER TO ENLARGED PLANS FOR DETAILED INFORMATION.WHERE W FINISHED FLOOR. SUBMIT SIGNED DOCUMENTATION TO THE ARCHITECT THAT THE SITE WATER SYSTEM SHALL PASS ALL REQUIRED TESTS AND BE CONNECTED TO THE + + 2 + FOREGOING CONFORM WITH THE APPROVED DRAWINGS. (SEE SAMPLE FORM IN THE PUBLIC WATER SUPPLY SYSTEM. IN ADDITION,AN APPROVED ALL WEATHER ROAD W, ¢ W W W W W W W W W W W 21 DISCREPENCIES EXIST, LARGE PLANS DICTATE. NOTIFY GENERAL O r ` PROJECT MANUAL.) SHALL BE IN PLACE TO PROVIDE ADEQUATE AND PERMANENT ACCESS FOR `. ` ` ` ` ` ` ` ` ` ` CONTRACTOR PRIOR TO CONSTUCTION. v EMERGENCY VEHICLES. 14. NO ADDITIONAL ROOF OPENINGS OR ROOF MOUNTED EQUIPMENT BEYOND THAT WHICH IS SHOWN ON THESE PLANS SHALL BE ALLOWED WITHOUT WRITTEN CONSENT 15. MAINTAIN GOOD HOUSEKEEPING AT ALL TIMES. ACCUMULATION OF COMBUSTIBLE W W' W W W W W W B. FOR ADDITIONAL INFORMATION THE EXISTING PLANS BY PREVIOUS OF THE ARCHITECT AND/OR STRUCTURAL ENGINEER. WASTE MATERIALS IN THE BUILDING IS NOT ALLOWED. ` ' ` ` ` ` ` ` ` IS q 14 ARCHITECT ARE ON FILE WITH THE LOCAL JURISDICTION (CITY OF .• W, v q W W W W NEWPORT BEACH) \ 15. NO STRUCTURAL MEMBER SHALL BE CUT FOR PIPES,A.C. DUCTS, ETC., UNLESS 16. INSTALL A KNOX KEY BOX AT MAIN ENTRANCE/EXIT TO EACH BUILDING(LOCATION AS W � + + ` ` W W + W + + W + W ®/ A/C / I SPECIFICALLY DETAILED AND/OR APPROVED BY THE STRUCTURAL ENGINEER. DETERMINED BY THE FIRE MARSHAL). PLACE KEYS FOR FIRE DEPARTMENT . •W C. UTILITY: ALL UTILITIES SERVING THIS SITE ARE EXISTING +• + 16. ALL SHOP WELDING IS TO BE DONE IN A CERTIFIED LICENSED SHOP. ALL FIELD EMERGENCY ACCESS IN KNOX-BOX. D. LAYOUT: BUILDING LOCATION IDENTIFIED ON THIS PLAN. IS EXISTING AND WELDING SHALL BE DONE ONLY BY LICENSED WELDERS UNDER CONTINUOUS SPECIAL 17. PROTECT ABOVE GROUND GAS METERS, REGULATORS, SWITCHGEAR AND PIPING W W PER LOCAL RECORD. NO CIVIL SCOPE INSPECTION,WITH CERTIFICATE ISSUED AS REQUIRED BY THE BUILDING OFFICIAL. EXPOSED TO VEHICULAR TRAFFIC IN AN APPROVED MANNER. + + 17. WHERE LARGER STUDS AND/OR FURRING ARE REQUIRED TO COVER DUCTS, PIPING, 18. ALL INSULATION MATERIAL, INCLUDING FACINGS, SUCH AS VAPOR BARRIERS OR W + E. DRAINAGE: NO CONCENTRATED DRAINAGE FLOWS ARE PERMITTED OVER N ` + I I ADJACENT PROPERTY LINES AND WATER I5 TO DRAIN AWAY FROM COLUMNS, SADDLES, BOLTS, CONDUIT, ETC.,THE LARGER SIZE STUD AND/OR FURRING BREATHER PAPERS INSTALLED WITHIN FLOOR-CEILING ASSEMBLIES, ROOF-CEILING + + O SHALL EXTEND THE FULL LENGTH AND HEIGHT OF THE SURFACE WHERE THE FURRING ASSEMBLIES,WALLS, CRAWL SPACES OR ATTICS SHALL HAVE A FLAME-SPREAD + + STRUCTURES FOR A MINIMUM OF 5'-0"AT2°!o AND BE CONVEYED TO AN OCCURS. RATING NOT TO EXCEED 25 AND A SMOKE DENSITY NOT THE EXCEED 450. ` ` I I I APPROVED DRAINAGE FACILITY. I� + + W W F. THERE SHALL BE NO TRENCHES OR EXCAVATIONS 5 FEET OR MORE IN DEPTH INTO 18. SHOULD ANY ASPHALTIC CONCRETE REQUIRE PATCHING ADJACENT TO BUILDINGS, IT CITY OF NEWPORT BEACH NOTES: SHALL BE OF THE SAME SECTION AND DRAINAGE PROFILE AS THE ADJACENT PAVED EXISTING RIDGE LINE +/- 18' I WHICH A PERSON IS REQUIRED TO DESCEND;OR OBTAIN A NECESSARY PERMIT AREAS. "AN APPROVED ENCROACHMENT PERMIT IS REQUIRED FOR ALL WORK + + + + O + W FROM STATE OF CALIFORNIA,DIVISION OF INDUSTRIAL SAFETY PRIOR TO THE ACTIVITIES WITHIN THE PUBLIC RIGHT-OF-WAY" W W I I I ISSUANCE OF A BUILDING OR GRADING PERMIT. 19. SEAL ALL OPEN JOINTS IN THE EXTERIOR BUILDING ENVELOPE PREVENT AIR AND "A CITY ENCROACHMENT AGREEMENT IS REQUIRED FOR AALL WATER INFILTRATION. COMPLY WITH ANY FIRE RATING REQUIREMENTS. + + + + G. NOT USED NON-STANDARD PRIVATE IMPROVMENTS WITHIN THE PUBLIC 20. ALL FLOORS IN PUBLIC AREAS SHALL HAVE NON-SLIP SURFACES IN COMPLIANCE WITH RIGHT-OF-WAY" W + W + DIVISION 18 OF THE"HEALTH AND SAFETY CODES"OF THE STATE OF CALIFORNIA. + + "IF ANY OF THE EXISTING PUBLIC IMPROVMENTS SURROUDING THE SITE IS + + I I I H ALL NEW GLAZING MATERIAL SHALL BE FULLY TEMPERED IN ACCORDANCE WITH1 V, 21. WHERE EXIT DOORS SWING OUT OVER THE LANDING, THE LANDING SHALL NOT BE DAMAGED, NEW CONCRETE SIDEWALK, CURB AND GUTTER,ALLEY/STREET ` ` CRC R308.6.2 L MORE THAN 1/2" BELOW THE THRESHOLD. PAVEMENT,AND OTHER PUBLIC IMPROVEMENTS WILL BE REQUIRED BY THE W W ` + 22. ALL EXTERIOR OPENINGS SHALL COMPLY WITH THE CITY SECURITY ORDINANCES. CITY AT THE TIME OF PRIVATE CONSTRUCTION COMPLETION.SAID ,. ,. THE GOVERNING CODES FOR THIS PROJECT ARE THE 2013CALIFORNIA DETERMINIATION AND THE EXTENT OF THE REPAIR WORK SHALL BE MADE W W RESIDENTIAL CODE(CRC), ELECTRICAL(CEC),MECHANICAL(CMC),AND 23. NO BUILDING OR PORTION OF A BUILDING SHALL BE OCCUPIED OR USED FOR STORAGE AT THE DISCRETION OF THE PUBLIC WOKRS INSPECTOR" + + + + + + + + + + + Remove co� red LJ PLUMBING CPC ),20013 CALIFORNIA ENERGY EFFICIENCY STANDARDS CODE PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. APPROVAL FOR + + W + + + W W W W ( OCCUPANCY IS ONLY GRANTED AFTER ACCEPTANCE BY GOVERNING AGENCIES. FOUNDATION: ` ` ` ` ` ` q ` ` ` patio (EES) CODES WITH LOCAL AMENDMENTS. + + W W W W W W W + • • 53. WEEP SCREED FOR STUCCO AT THE FOUNDATION PLATE LINE SHALL BE A MINIMUM W + W W W W + W + + W + to make rooi i for ADA 24. SITE DEVELOPMENT AND GRADING SHALL BE CONSTRUCTED TO PROVIDE ACCESS TO OF 4 INCHES ABOVE THE EARTH OR 2 INCHES ABOVE PAVED AREAS. (CRC R703.6.2.1) + + + + W + W • W W W W parking spot ALL ENTRANCES AND EXTERIOR GROUND FLOOR EXITS,AND ACCESS TO NORMAL + + + + W W W W W W + J. ALL ROOFTOP AND GROUND MOUNTED MECHANICAL AND C F PATHS OF TRAVEL,AND WHERE NECESSARY TO PROVIDE ACCESS, SHALL 54. FASTENERS AND CONNECTORS (NAILS, ANCHOR BOLTS, ETC...) IN CONTACT WITH W + W + W + W W W W W W (E) COVER COMMUNICATION EQUIPMENT SHALL BE SCREENED,AND PAINTED TO `� / T` INCORPORATE PEDESTRIAN RAMPS,CURB RAMPS, ETC. PRESERVATIVE-TREATED WOOD SHALL BE OF HOT-DIPPED ZINC-COATED GALVANIZED + + + + + + + + + 4 I MATCH ADJACENT BUILDING. STEEL, STAINLESS STEEL, SILICON BRONZE OR COPPER. (2304.9.5.1) 25. DURING PERIODS OF PARTIAL OR RESTRICTED USE OFA BUILDING OR FACILITY,THE ENTRANCES USED FOR PRIMARY ACCESS SHALL BE ACCESSIBLE TO AND USABLE BY W W 55. ANCHOR BOLTS SHALL INCLUDE STEEL PLATE WASHERS,A MINIMUM OF 0.229"X 3"X I W W + WWW + + + W W W W W W + • W + W + W + WWW + W + + W W + WWW W W I K. LANDSCAPE: VERIFY IRRIGATION AND LIGHTING SLEEVE REQUIREMENTS, PERSONS WITH DISABILITIES. 3" IN SIZE,BETWEEN SILL PLATE AND NUT. (CRC R602.1 1.1,ACCEPTABLE ALTERNATE ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` SIZES, AND LOCATIONS WITH LANDSCAPE PRIOR TO CONSTRUCTION OF SDPWS 4.3.6.4.3) ` ` ` ` ` ` I ` ` ` ` AD+Q ` OBSTACLES. + + + + + W + W + + + + + + + + W W W W W W W W W W W W W W W W PARK+ + + + + + + + + + + + + + + + + + RL.11FR` L. UTILITY:ALL UTILITIES SERVING THIS SITE SHALL BE INSTALLED UNDERGROUND. + + + + LAWN W W + W + + + + + + W W 3 + W W W W W W W W W W W W W W + W W W W M. FINISH GRADING, GRADING ADJACENT TO BUILDING AND SITE ELEMENTS W + W W W V + W + + + + W + + W + W W W SHALL BE COMPLETED TO EXISTING CONTOURS/ELEVATIONS.WHERE J o b N u m b e r 1 001 W W W W W DISCREPANCIES EXIST BETWEEN LANDSCAPE ORARCHITECTURAL + + PROPERTY LINE_= 60'-O" 'S 3q° 48' 45" W W W DRAWINGS,CONTRACTOR SHALL NOTIFY ARCHITECT FOR CLARIFICATION S C d e 1/8" /8"=11-011 PRIOR TO PROCEEDING WITH WORK. D a t e b N. PROPERTY LINE BEARINGS AND DISTANCES ARE SHOWN FOR 10/12/2015 REFERENCE ONLY. SEE CIVIL DRAWINGS FOR MORE INFORMATION. O. ALL TREES SCHEDULED TO BE RELOCATED SHALL BE MOVED TO AN ON-SITE NURSERY, LOCATION PROVIDED BY OWNER.COORDINATE WITH LANDSCAPE ARCHITECT. P. PROTECT ALL EXISTING TREES AND VEGITATION SCHEDULED TO REMAIN. COORDINATE LANDSCAPING REQUIREMENTS WITH LANDSCAPE Driving inlet moved ARCHITECT. over (O.K. by public}( O. NEWPORT BEACH FIRE MARSHALL: THIS PROPERTY IS WITHIN A 400'HOSE \ E RS I � �E e works) 51 TE PLAN PULL OF THE NEAREST FIRE HYDRANT LOCATED ON RIVERSIDE DRIVE. SCALE: I/8"=1'-O" 'TRUE NORTH R. ' PRIOR TO PERFORMING ANY WORK IN THE CIN RIGHT-OF-WAY AN w ENCROACHMENT PERMIT MUST BE OBTAINED FROM THE PUBLIC WORKS �- DEPARTMENT." J 7 Planning Commission - February 18, 2016 Item No. 4a Additional Materials Received The Dog Republic (PA2015-199) Feb. 18, 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosherCcDvahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. THE DOG REPUBLIC (PA2015-199) It seems to me the primary issue related to the granting of the requested Conditional Use Permit is the adequacy of the proposed "parking management plan." Although the staff report observes that similar uses have existed on this street for many years, and seem to have worked —and indeed as Item 15 at its November 24, 2015, the Newport Beach City Council approved designation of the similar property at 20302 Riverside Drive a the City's animal shelter-- on- street parking immediately fronting the subject parcel appears adequate to park at most two full- size vehicles or three small ones. It further appears that creation of the ADA-compliant (and restricted?) off-street parking space may preclude the possibility of any non-handicapped off- street parking on the subject parcel. Based on that, it would appear the available on-street parking may be barely adequate to accommodate the unknown number of residents living in the caretaker home, let alone visitor/customer, employee and service vehicles —so the assumption seems to be some of those vehicles will be able to find on-street spaces in front of other properties. But if all the properties on the street were given CUP's to operate in a similar way (that is, relying on on-street parking plus a single off-street ADA stall) the demand would clearly exceed the supply. Hence, the applicant appears to be requesting a privilege (operating with sub-Code parking)that could not be granted to all similarly-situated property owners, and the Commission should weigh the equity of that. Specific comments regarding the staff report and attachments (by "handwritten" page number): 1. Page 13: Section 1.1 correctly identifies the applicant as "The Dog Republic, LLC," but there seems to be some confusion as to whether the use the permit is being requested for, and referred to in the indemnification clause of Condition 19 at the top of page 21 is to be called "The Dog Republic" or, as the sound consultant seems to think (see page 35) "Newport Tails Kennel." 2. Page 13: Section 1.2 refers to a request to build (in addition to the "approximately 900 square-foot" shed) "a partially covered, fenced exercise area." I am unable to find any further indication of what kind of covering or fencing is being requested. Is it shown in the "Project Plans" the Commission is being asked to approve in Attachment PC 6? 3. Page 14: Item 3.13.1 seems to rely on the applicant maintaining the existing single-family residence as the primary use on the property with commercial kennel being "accessory' to it. Although designated as an RS-D area in the General Plan (Figure LU11 - Statistical Areas J6, 1-4), NMBC 20.90.070.B.3 (Residential Kennel District: SP-7 (RK) -- Principal Uses Permitted) actually designates commercial kennels as a principal use that can be "permitted subject to the approval of a use permit by the Planning Commission' (the word "conditional" seems to have been inadvertently omitted) "when in conjunction with Planning Commission - February 18, 2016 Item No. 4a Additional Materials Received February 18, 2016, PC agenda item 4 comments - Jim Mosher The Dogziiep me (PA2015-199) a single-family residence on the same building site, subject to obtaining a kennel license pursuant to Chapter 7.35." 4. Page 17: Item 3.E.2 says the "acoustical analysis report prepared by RK Engineering, Inc. on November 10, 2015, the commercial kennel as designed and with the appropriate noise reduction measures incorporated is expected to operate in compliance with the noise standards within the Municipal Code and will not exacerbate ambient noise in the area." There are several problems with this, as will be detailed in the general comments below, but it is not clear this should have any relevance the cited code chapter specifically exempts noise from dogs and other animals and places its mitigation with the City's animal control officer(see page 79 reproducing NBMC 10.26.035 (Community Noise Control -- Exemptions): "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;") 5. Page 19: a. Condition 1: The "project plans' shown as Attachment PC 6 on the final page of the staff report show the creation of an ADA compliant parking space. Will this be restricted to handicapped parking only? If so, will it eliminate the possibility of off-street parking by any non-handicapped person? b. Condition 8: Does the recent designation on the same street of the City's official (and only) animal shelter, and the new parking demands that might create, affect the adequacy of the proposed parking management plan? c. Condition 9: Is the required van expected to be kept on the premises? If so, where would it park? d. Condition 10: In addition to the maximum three employees (including the live-in operator/manager), is there any limit to the number of persons (unrelated to the business) who might live in the residence? e. Condition 11: Within the proposed 900 sf shed, the "project plans" of Attachment PC 6 show 3 rows of 10 squares each, for a total of 30 5'x5' squares. These are presumably the planned 30 areas for 29 dogs. Access to the outer rows is provided by roll-up doors. How is access to the center row provided? 6. Page 20: a. Condition 13: Will wastewater from the kennel be directed into the sewer system, or can it be allowed to percolate into the ground as the NBMC would seem to allow? b. Condition 15 : The phrasing makes it unclear if the dogs outside the shed are required to be supervised at all hours or only during the specified night hours. c. Condition 16: If, despite the explicit exemption for dogs in NBMC 10.26.035.J the Commission wishes to require compliance with Chapter 10.26, it would be helpful to provide more information to the permittee. In particular to indicate what Planning Commission - February 18, 2016 Item No. 4a Additional Materials Received February 18, 2016, PC agenda item 4 comments - Jim Mosher The Doga9ept me (PA2015-199) category of"Location"the adjoining properties are regarded as, and how to the table applies to the likely situation that during most of the day the ambient noise level may already exceed the stated levels due to jet departures from the neighboring airport. 7. Page 29: a. The applicant refers to (apparently existing) 28 foot front and 84 foot rear yard setbacks. If the 135 foot depth of the lot is correct, this would leave only 23 feet of buildable depth. The existing house looks larger than that. b. The applicant also refers to 2 "dog runs'with a 5'x6' space for each dog. The plan provided shows instead what looks like 3 rows of 5'x5' spaces. c. Regarding the reference to the "trash company," I believe this area is within the jurisdiction of the Costa Mesa Sanitary District, so it appears the applicant is relying on a continuation of their weekly residential service. CMSD may indeed provide that, but I don't think they normally service commercial properties. 8. Page 35: Note the project is referred by the acoustical consultants as "Newport Tails Kennel." 9. Page 36: The Acoustical Study would benefit from an executive summary highlighting its conclusions. 10. Pages 63-71: The consultant arbitrarily assumes nighttime noise levels are 5 dBA lower than daytime ones. I have been unable to find any data supporting this conclusion, and it differs from the 40 years experience of the Airport's noise consultants who believe the difference is much larger (something like 10-20 dBA, due in large part to the Airport's curfew rules). 11. Page 84: For reasons that are not entirely clear to me, the consultant has apparently attempted to evaluate ambient noise over a 10 minute period, but excluding aircraft. It might be noted that at Location 2 it took 19 minutes to collect 10 minutes of data, so apparently 9 of the 19 minutes were edited out. 12. Page 85: Within five minutes of completing the previous run, the consultant appears to have introduced 29 dogs into the yard and begun monitoring their noise at Location 2, however 13 minutes were required to obtain 5 minutes of data. One wonders why the other 8 minutes were rejected. 13. Page 85: This page documents 20 minutes of observations of ambient noise on the subject property including airport noise. The number and types of planes contributing to these measurements could easily have been extracted from the Airport's public VOLANS flight tracking system. Unfortunately it is now too distant in time to recover from the public website, and does not appear to have been recorded by the consultant. Planning Commission - February 18, 2016 Item No. 4a Additional Materials Received February 18, 2016, PC agenda item 4 comments - Jim Mosher The Dogg9epLob11ic (PA2015-199) Additional comments: 1. The annexation of West Santa Ana Heights (effective January 1, 2008) was processed as PA2007-209, with final approval given as Item 14 at December 11, 2007, City Council meeting. 2. The RK district of the Specific Plan fits a bit awkwardly into the RS-D designation given it in the General Plan by Resolution 2007-78, just as the HN (horticultural district) is a bit unusual for OS (Open Space). This is corroborated by letters from kennel owners concerned about the new designations. 3. The new West Santa Ana Heights land use designations were added to General Plan Figure LU11 (Statistical Areas J6, 1-4), which appears to have included the Airport Master Plan 65 CNEL noise contour, but that line does not appear to have been updated to show how it wraps back into West Santa Ana Heights. 4. General Plan Figure LU2 (Index Map) also does not seem to have been updated to show which more detailed map West Santa Ana Heights is part of. 5. If noise is relevant to present approval, the extensive experience of John Wayne Airport in monitoring noise levels around it should be considered. 6. From the recent JWA (Settlement Agreement) El R Appendix C (Noise Analysis Technical Report) I have attached Figure 18B (from page 78 of the 269 page PDF), which shows the Master Plan and current 65 CNEL noise contours in vicinity of subject property and Figure 3 (from page 25 of the 269 page PDF), which shows the hourly Leq is roughly 10 dBA below CNEL during night hours, but above CNEL from 7 am to 9 pm -- by as much as 10 dBA during the peak morning hour (7-8 am), but typically 8 dB. 7. From Figure 18B, with the current level of airport activity the subject property appears to be at about 62 CNEL. The current consultants 20 minutes of mid-afternoon data notwithstanding, that suggests the average ambient noise level during the day is closer to 70 dBA, which is well above the standards allowed by NBMC Chapter 10.26. 8. However, Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards) provide ambiguous guidance as to how to handle situations in which the existing ambient is above the allowable level. In Subsection A (below the table) they say "If the ambient noise level exceeds the resulting standard, the ambient shall be the standard," suggesting (rather unrealistically, it would seem) that no additional noise- generating use is allowed (since any new use would increase the ambient). But a few lines later we encounter Subsection "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'— but with no explanation of by how much the allowable noise level is to be increased. 9. As indicated above, the reality of the actual noise situation at this property may be irrelevant since noise from barking dogs is not regulated by Chapter 10.26. However, if the Commission chooses to apply those regulations to this particular CUP then it needs to clarify how they are to be applied at locations with very high ambient noise. f 0 ' d. ��` •� 9N•-Y r I I Q� 1, �� •A •�. �� - l 1. • 40 LuAP"� r 't, • .� • e All N a �I • y P aaPc9 � � • �? ' � 1.•�/lam`\'� � � \ �I m r i � •• r I til '- •- y � � �Wayne • • • • • ]ohn Airport (]WA) Settlement Agreement Amendments Planning Commission - February 18, 2016 SINGLE EVENT NOISE HOURLI(It e u I I Ivj�t �#feceiwd 15-19 ) EXPOSURE LEVEL (SENEL) ,o Aircraft Flyover Events 100 loo 95 SENEL 90 Maximum_Level (L ax) a Q 90 ----- ------ (Area Under Curve) m m 10 dB� so y 80 -------- — — I— , > T v '° I Duration 70 y 7e I c C I c ss I o a 90 I (A 60 RiselTime se Background Noise 5 0:00 0:15 0:30 0:45 1:00 o Is ao as °o )s 90 los lxo Time (Seconds) Time (h:mm) I W 24-HOUR NOISE LEVEL (CNEL) 0 Hourly Leq (No Penalty) 80 ®5 dB Evening Penalty X10 dB Nighttime Penalty CNEL m 70 a 6 d J > 60 0 x 5o 40 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AM PM One Day 24-Hour Time Period Figure 3 Single and Cumulative Noise Metric Definitions Planning Commission - February 18, 2016 Item No. 4b Additional Materials Presented at Meeting The Dog Republic (PA2015-199) February 18,2016 Planning Commission Item No.4 OF THE AGENDA THE DOG REPUBLIC LOCATION: 20281 Riverside Drive OBJECTIONS.. Thank you for the opportunity to speak to all of you...I'm impressed with this report..it must have cost a lot of money to put this document together. It takes a lot of effort to put a document like this to try to convince everyone that another kennel in the neighborhood is good for the community. 1. I'm new to the area..l live at 164orchard (MAP) 2. 1 have a tenant: Clayton Hauser who moved in 1/31/16 3. The dogs behind my property at 20251 Riverside Drive bark"24/7" as they say...at least when I am home. 4. Individuals are constantly walking the dogs..across my property and across the street of my neighbors property-disturbing the landscaping!! 5. There are already numerous kennels on Riverside Drive. (map)-as mentioned in your report...To ADD one more kennel to the over crowed kennel situation is unconscionable....THOSE POOR POOR DOGS....OMG..IT'S INHUMANE TO ALLOW THIS, NOT TO MENTION THE ABILITY TO ADD UP TO 29 MORE DOGS TO A 900 sqft area....THIS IS A TRAGDEY......not to even mention the noise levelllillIIIIIIHlll 6. 1 appreciate all the hard work that went into preparing this report BUT NONE OF YOU LIVE NEXT DOOR......EVEN THE OWNERS OF THESE PROPERTIES.111 7. Even the airplanes are quiet between 11PM and 7AM...BUT not the DOGS. 8. 1 understand that the some of the existing kennels were grandfathered in when the city of Newport Beach acquired the area which was formerly Santa Ana Heights.....but really enough is enough. 9. It breaks my heart to hear those poor animals yelping and barking all day long. THEY do not and should not be penned up and yelled at all day long...SEE MY LOGI I INI!!INIHI!! Here's my latest log of barking just next to me...and adjacent. 10. 1 spoke with the owner of the kennel behind me, "Dan" ,he said "he has 3 to 12 dogs at any give time"..and "he doesn't live there he has a tenant who lives there"...AND NOW YPU WANT TO ADD 29 MORE DOGS...PLEASE I URGE YPU TO REJECT THIS REQUEST-FOR THE SAKE OF THE PRECIOUS DOGS AND JHOMEOWNERS LIKE MY SELF WHO WANTTO LIVE IN PIECE...IN MY NEW HOME. Planning Commission - February 18, 2016 Item No. 4b Additional Materials Presented at Meeting' The Dog Republic (PA2015-199) 11. 1 suggested BARK collars.. He said "It would traumatize the dogs"..council men and women....several vets say NOH Land that 24/7-constant barking traumatizes the DOGS... A SIDE NOTE: I went home yesterday February 17,2016 AT 3:0013M to cover my patio furniture before it rained......OMG DOGS BARKING everywhere!! When I finished, I drove around the corner up Riverside Drive-slowly with my windows down-to see exactly where the barking was coming from....EVERYWHERE..ALL THE KENNELSI I......AND THERE WAS ANAIMAL CONTROL..AGAIN.,.,.speaking with a female (I stopped to listen-the conversation was about NOT allowing the dogs to walk all over others properties-AND THE NOISE111 SHAME ON THE OWNERS FOR EVEN THINK OF REQUESTING ANOTHER KENNEL!!!1 SUSAN DOAN 1624 ORCHARD DRIVE NEWPORT BEACH, CALIFORNIA Planning Commission - February 18, 2016 Item No Ac- Addmtmc)nQl NAqferOQI& Presented Qt ting 99) The Dog Republic ( PA2015 = 3. 99) Al Zft Now- Planning Commission / J s EW Pp m Public Hearing n February i 2016 �' P 9�/FO RN v f � f ,• x .. 1 J '.r, z � I Y a. r r• ` J 111116"m MI=91.3 01 Pral ITM 73 1i � � ,r � � � ! aa�,,"��'''� �yC`,:•y„ `rte ti,\/ ¢ �. � Planning Commission - February 18, 2016 ^. 2R �_1 � N 4,Q,„ ition ri P�:esented e #ing 4F IIIN .�: p � 199) : Re tic_ PA2 t 63 \ 'l/ �r. /71 IML q n .,`w 0 ii5• ,h �'.�t � is�� .. Z �,l •,' � y 'q'� J ,'� f � Ali ^C'�4 - a LL,4 "1i t d v is 'o s. _*3?.` +►yam,, ,,.._ Planning Commission - February 18, 2016 „x I , ting L 7- T, he Dog Repub 1 99) A HN RMF RK RSF ,� 3 Planning Commission - February 18, 2016 ting RK Zoning "Allikkk Annexed20o8 from County ■ Part of Santa Ana Heights Specific Plan (SP-7) ■ Purpose and Intent Provide for the development and maintenance of a neighborhood, which includes single-family residences in conjunction with commercial kennel businesses . L02/18/2oi6 Community Development Department - Planning Division 5 Planning Commission - February 18, 2016 ArMitinnnI KAntcIL120P, sente ting `4F`� „h Rep ic-( : 99) OP 29 r. A . . 1 s ,ti y 40l F' 59 sp 59 40 :, 59 40 29 r \ J r•• 59 «� ^ 4 �9 �. � tF :e ti N ` Planning Commission - February 18, 2016 ting Description "11AIIIIIkk Commercial kennel for 2g dogs Maintain existing residence Approximately goo -square -foot building ■ Alteration to comply with Building Code ADA, drainage, etc . ■ Use of van to shuttle dogs Adjustment to required parking ■ Operator's Permit required Compliance with NBMC Chapter 7. 35 02/18/2oi6 Community Development Department - Planning Division 7 Planning Commission - February 18, 2016 Item No dc- Addotmanal N/laterm2is Presented 2t NAg ting 99) Project Conceptual Plan : ADA Space p. Proposed ExMing ,se cT . a Kennel SFR ' q 07/13/2012 Community Development Department- Planning Division 8 Planning Commission - February 18, 2016 ting Recommendation . IAMI& 99) Conduct a public hearing; ■ Adopt a resolution approving Conditional Use Permit No . UP2015- 043 02/18/2oi6 Community Development Department - Planning Division 9 • r • a ti 4 M Sol a le IN MA P-1 IMMUMMMMIM-400- I For more information contact: Benjamin M. Zdeba,AICP 949-644-3253 bzdeba@newportbeachca.gov www.newportbeachca.gov