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Home My WebLink About31E - CUP 2110 S YALE STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013 -42 TO ALLOW A DOG KENNEL AT 2110 SOUTH YALE STREET — BUFF DOG KENNEL, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _0•;• r ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -42 as conditioned. PLANNING COMMISSION ACTION On October 28, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -42 as conditioned by a vote of 7:0 to allow a dog kennel at 2110 South Yale Street located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for the establishment of a new dog training and exercise facility. FISCAL IMPACT There is no fiscal impact associated with this action. Ja - 1. Trevino Executive Director Planning & Building Agency VF:rb vf\reporls \CUP \CUP13 -42 Buff Dog= Exhibit: A. Planning Commission Staff Report 31 E -1 31 E -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2013 TITLE: PUBLIC HEARING — FILED BY PAM SAPETTO FOR CONDITIONAL USE PERMIT NO. 2013-42 TO ALLOW A DOG KENNEL AT 2110 SOUTH YALE STREET Prepared by Vince Fregoso �^ Executive Director O s !. . . PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Y c%f. 1 Planning M ager Adopt a resolution approving Conditional Use Permit No. 2013 -42 as conditioned. Request of Applicant Pam Sapetto, representing Buff Dog Kennel, is requesting approval of a conditional use permit in order to allow a dog kennel at 2110 South Yale Street. Specifically, the applicant is requesting a conditional use permit per Section 41- 472.5(e) of the Santa Ana Municipal Code (SAMC) to allow a kennel for the temporary care and lodging of dogs and other domesticated household animals in the Light Industrial (M -1) zoning district. Project Location and Site Description The Buff Dog Kennel is proposing to locate on a 1.22 acre, rectangular shaped parcel of land located at 2110 South Yale Street. The parcel contains a single -story, 13,440 square foot industrial building that is currently vacant. A total of 28 parking spaces are located on the site. The project site is surrounded by industrial land uses to the north, south, east and west (Exhibits 1, 2 and 3). Project Description The Buff Dog Kennel is a dog training and exercise facility that is proposed to be located within an existing warehouse building. In order to accommodate the proposed use, minimal improvements are needed to the site. Interior improvements will be made to the restrooms to bring them into compliance with handicap access standards. Exterior improvements are limited to minor repair to Yale Street and new signage for the proposed use. Buff Dog will have approximately three trainers who will work with the dogs during exercise or training sessions, which last about 45 minutes each. Sessions will include obedience training, non- competitive agility /fly ball and fearful fido classes, with classes having up to eight dogs. It Is expected that most dogs will remain in the facility for up to two hours. The sessions are designed to either have the dog owners participate with their dog or drop -off and pick -up after class (Exhibits 4 and 5). Conditional Use Permit No. 2013 -42 October 28, 2013 Page 2 The facility will also include jogging rooms for dogs that have limited exercise facilities at home as well as a Puppy Clean Room that will be used to introduce puppies to other puppies for socialization and training. A Holding Room also will be established that will be used for dogs that need to be separated from the group during class sessions. The facility will be open from 7:00 a.m. to 9:00 p.m., seven days a week. Parking for the kennel is two spaces per 1,000 gross square feet of floor area. Based on this requirement, a total of 27 parking spaces are required while 28 have been provided. Proiect Background Buff Dog Kennel is a new concept established by the business owner, Michelle Howard, to keep dogs healthy. Her concept involves ensuring dogs stay healthy by providing a venue for teaching dogs and their owners new methods for staying active and getting regular exercise. The subject building was constructed in 1977. The building been occupied by a variety of wholesale, warehouse and manufacturing uses since it was completed. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND). Industrial land use districts are those areas of the City which are primarily developed with manufacturing and industrial uses. Additionally, these districts allow non - industrial uses that provide support services to the industrial base or that are more compatible in an industrial setting. The project site is consistent with this General Plan land use designation. The parcel is located within the Light Industrial (M -1) zoning district. The M -1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning designation. Proiect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. 31 E -4 Conditional Use Permit No. 2013 -42 October 28, 2013 Page 3 That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed kennel meets all of the requirements specified in the Light Industrial (M -1) zoning district relating to the proposed use. The subject property is in compliance with the development standards for the M -1 zone, including setbacks, landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the provisions of the zoning district and does not become an attractive nuisance or disrupt the surrounding industrial uses found in the area. The proposed kennel at this location supports several General Plan Goals and Policies, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the character and Integrity of neighborhoods. This project will provide a use that will assist in diversifying the range of services available to residents of Santa Ana. The Buff Dog Kennel will provide a service that will contribute to the general well -being of the community. The proposed dog kennel will contribute to the well -being of the community by assisting in diversifying the range of services available to residents, especially those residing in the south and west sections of the City. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. The proposed Buff Dog Kennel will not be detrimental to those working in the area as the kennel will operate within a completely enclosed building, thereby minimizing potential impacts such as noise on the surrounding tenants. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding industrial properties. The expansion project will not adversely affect the economic viability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. The proposed project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 31 E -5 Conditional Use Permit No. 2013 -42 October 28, 2013 Page 4 The proposed use will not adversely affect the General Plan. The Buff Dog Kennel is consistent with the General Plan's Land Use Element goals and policies. Goal 1 promotes a balance of land uses to address basic community needs, Goal 2 promotes land uses which enhance the City's economic and fiscal viability, and Goal 3 promotes development that preserves and improves the character and integrity of neighborhoods. Public Notification The project site is not located within the boundaries of a neighborhood association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -69 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -42 as conditioned. Vincent Fregoso, AI P Principal Planner VF:jm Areports \CUP\CUP13 -42 Buff Dog,102813.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 E -6 LILAC AVE. � wale t I IS1,° IML,Y p „you w R7 AI 1 R1 m city of u R1 RI jI ounmin R1 R �: •R1 Rlk�. `Z Velley Rl I Pt 9 5 cl Pt R2 "Cl VE I--. -+ + R2 Ct F O C7 R1 n a °L $ 0 R1 R1 RI S82� K / F z / O nl R1 fll na 1 �. z ” R7 RI `� —na R ° k � MI "' =" R1 0 Ri 2 a - RI i R1 MI Ml M1 9 21 a RI �w �� M cRt` MI ° RFt a R3 �..� R1P. Cw RI P 1 JIIG \ Ml R3 RI W. r / .t w5 RI ,wM m, Mivmx RI / R4 )L + + AVE. —_l r `NP�NER Al GINS LAGMWLTUPALt CR ODMMEWALRSDEdT RI SNMEFAMILVESPENTIAL -B P\RPNGMODIRCATION w GOVENMMMENTM m NAFAMILYRESDEM GSA OOMM6MLSOUTH MAIN M1 LIG1TINDUSIML RI MUIRREDEdSTYMULME GI COMMUNITYCOMMSUAL M2 HEAWINDUSMAL FAMILYFEDEtlCE GI-MO COMM. 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I N I ID U S TI R I IA L I N D U IS IT R I A L CUP 2013 -42 BUFF DOG KENNEL 2110 SOUTH YALE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3E1Xg.ITg 5 ;_ �- y �c3c5 ®u=mw- -- f ,ml eupnu uepnlrvr >04i6 tllNYOiltbO'tlNtl bLNV4 ,unw.ay. it r�e� y �r�en,ev'1`diY'N. r rrrrie.nr,eoirnee 4 133Y1931tlA H1006 0441 e�n.i N�� '":°.'vw u�`.uWw r ^ 1 111$ A101Otltl 3410Y3 %3 /ONINItlY11 R3NN3N 000 nuunnniiiiiieui " " "y 400 di0B 4 u a l; NOtl 0YVM0 O Adne HOIW NOI1bOOdd MSAS NVld bN01110N00 OOO ii00 0Nb M3N3Y Ntlltl 3118 1Ntl011ddtl aa3alxaevou�ausxuuuw W t IS 31VA '5 '1 D n s I I v o r � w � n � o a 'IN PE lip, ' Ito gag B,Cs d.a {vaR 3 I R II� 5 r ❑ r z 3 2 2 a a ai w ar o � � 2 ¢� • eaF � n 0o bt 15 y( E 9 a" s4�a §RP r °8 a I � Y U � ��9`•�p a8� 7 n 1' S � Exhibit 4 31 E-1 11 ��IIGOOVSiws�� _ _ nalniN e.Ie,eu .m.niouL �1 •— w.....,�. tO i3aldinudiitln'tlNtl tllNtlS "Wra°u>mO1iL�R. wm rn iBp 1d3N193I H1nOSN4K �d n raumru n�u•n� AlIl1Otl33SION3N3l ONINIV91113NNU O00 3 N unen �•ninn•.n O00 dine O3VMOH 03113HOIW A° 4, a r�........,.e�..,,.��. nod 0.0 dine !' f 1 Y }'$ NOHtl'Jnddtl 11We3d 3sn lVNO1119NOO 1NVOIlddtl 1�}11H9Btl 0113dtlSNIlYtlW aRVM3N3tl NVld311e qq E °$' eYyy EflY „oo z 9W � p L fit, p d � 1P d agy�j tl9 $ a AY 2 pp p2 i�Y99$ �B g} d2e�1$ Bj E i _____�.___N _" UO NN Le E tliYg 9Y E HLx a i a�6�mys $s $$gaab�aHe.3 � ❑ � I I oG 3 @§pp i.4 a.gr- dd $@ z 9E - 3a @A f�_ Qy }3 ya �9 y tl B j Q: 4 t $B S'�''16 •�4 � 431 t 3 ( p w d'46 • 451 Ytl �$ kp 6t� i Yq tlq Yq I t �D E { E IL as n o h SY3I 8! YYdI Z y CL 0 U' 3 tl= FY 3 Y }y m o i a Of lE e53 $ V N m yytY" ggf5 �t33 99$!1! J o � G f \ ( a z e k m Z U' LL II ®Z N 3 4( O sDh y Vf L = 2 Rm 3i k$ 0 LLI 2 i 3 � k o � � YExhibit 5 ROH - 10/28/13 RESOLUTION NO. 2013 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -42 AS CONDITIONED TO ALLOW A DOG KENNEL IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2110 SOUTH YALE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 42 to allow a dog kennel in the Light Industrial (M1) zoning district for the property located at 2110 South Yale Street. B. Conditional Use Permit No. 2013 -42 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 28, 2013. C. Santa Ana Municipal Code Section 41- 472.5(e) allows kennels for the temporary care and lodging of dogs and other domesticated household animals in the M1 zoning district subject to the issuance of a conditional use perm it. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The Buff Dog Kennel will provide a service that will contribute to the general well -being of the community. The proposed dog kennel will contribute to the well -being of the community by assisting in diversifying the range of services available to residents, especially those residing in the south and west sections of the City. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2013 -28 Page 1 of 4 31 E -12 The proposed Buff Dog Kennel will not be detrimental to those working in the area as the kennel will operate within a completely enclosed building, thereby minimizing potential impacts such as noise on the surrounding tenants. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding industrial properties. 1 That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The expansion project will not adversely affect the economic viability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The Buff dog Kennel is consistent with the General Plan's Land Use Element goals and policies. Goal 1 promotes a balance of land uses to address basic community needs, Goal 2 promotes land uses which enhance the City's economic and fiscal viability, and Goal 3 promotes development that preserves and improves the character and integrity of neighborhoods. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012 -73 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2013 -42, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a dog kennel in the M1 zoning district for the property located at 2110 South Yale Street. This decision is based upon the evidence submitted at the above said hearing, which Resolution No. 2013 -28 Page 2 of 4 31 E -13 includes, but is not limited to: the Request for Planning Commission Action dated October 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28TH day of October, 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2013. Date: Clerk of the Planning Commission City of Santa Ana 31E-14 Resolution No. 2013 -28 Page 3 of 4 EXHIBIT A Conditions for Conditional Use Permit No 2013 -42 Conditional Use Permit No. 2013 -42 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -27 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. 4. The site occupant shall be responsible for maintaining the premises free from graffiti. All graffiti shall be removed within 24 hours. 5. In order to minimize impacts to adjacent tenants, all dog training shall be conducted within an enclosed building. 6. Prior to issuance of a building permit, a waste management plan shall be submitted to the Planning Division for review and approval. 7. Prior to issuance of a certificate of occupancy, the existing trash enclosure shall be rebuilt and constructed to City standards. Resolution No. 2013 -28 Page 4 of 4 31 E -15 31 E -16