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HomeMy WebLinkAbout31B - CUP - 3203 S HARBORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 18, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2013 -52 TO ALLOW A DOG KENNEL AT 3203 SOUTH HARBOR BOULEVARD - CHRISTY THOM, APPLICANT CITY MANA ER RECOMMENDED ACTION UAWII I. wl ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013 -52 as conditioned. PLANNING COMMISSION ACTION On January 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -52 as conditioned by a vote of 6:0 (Yrarrazaval absent) to allow a Dogtopia dog kennel located at 3203 South Harbor Boulevard 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 Dogtopia will be providing dog training classes as well as provide for the overnight kenneling of dogs. The kennel will be located within an existing industrial building at 3203 South Harbor Boulevard. This will be the first Dogtopia franchise in Santa Ana and is one of 29 located across the United States. The approval of the CUP will allow a kennel used within the Light Industrial (M -1) zoning district. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency AN:rb Ankwp51 \p1ancomm2MPI3- 52Dogtopia.cc Exhibit: A. Planning Commission Staff Report 31 B -1 31 B -2 REQUEST F'OR Plamning CorrrrnN'ssiari Actiar��� RIANNING COMMISSION MIEFF'ING DATE: JANUARY 27, 2014 TITLE� Lem;l I q 4 A Prepared t Ann Hsin-An Ni Interim ExE,CLAt ve Dir e(Vr RECOMMENDED ACTION PLANNING COMMISSION SECREI ARY APFROVED D As, Recc)n-irnf,,,nded EI As Anru(-.,,nided E-1.] Set Pi.,bk Hearing 11 (K D E N1 E E) E'.] Apphcart's Req_iesl 0 Staff Recornmendation CONTNUED TO axm . . .. ..... . . . ....... . .... . ............. . ... . . ........ .. .. ........ . . . ....... . . Adopt a resolution approving Conditional Use Permit No. 2013-52 as conditioned Request of Applicant Christy Thom, owner of Dogtopia, is requesting approval of a conditional use permit to allow a dog kennel at 3203 South Harbor Boulevard. Pursuant to Section 41-472,.5(e) of the Santa Ana Municipal Code (SAMC), kennels for the temporary care and lodging of dogs and other domesticated household animals require the approval of a conditional use permit in the M1 (Light Industrial) zoning district. Project Location and Site Description The subject site is 0.57318 e and is located on the east side of Harbor Boulevard between Garry and Moore Avenues. The parcel contains a single-story, 10,720 square foot industrial building that is partially occupied by an auto related use. The site is surrounded by commercial uses to the north, south, east and west (Exhibits 1, 2 and 3). Project Description The Dogtopia Kennel is a franchise business that provides dog day care, grooming, boarding and spa services across the United States and Canada. In order to accommodate the proposed use, minimal improvements to the building interior and exterior are proposed. Tenant improvement will be made in order to provide a front lobby, manager's office, grooming area, three, large playrooms for day care and overnight boarding, a kitchen and a storage area. EXHIBIT A Conditional Use Permit No. 2013-52 January 27, 2014 Page 2 Parking for the kennel is two spaces per every 1,000 square feet of gross floor area. A total of 19 spaces will be provided for the site. No modifications are proposed to the parking area as part of the proposed kennel project (Exhibits 4 and 5). Project Background Dogtopia Kennel was established as a single business in 2002 in Virginia as the first dog daycare business in Fairfax County, Virginia. Dogtopia began franchising the business in 2005, with a total of 29 Dogtopia locations operating across the country. There are two Dogtopia franchises in California. This will be the first franchise in Orange County. The subject building was constructed in 1977. The building has two tenant spaces that have been occupied by a variety of industrial warehouse, wholesale and auto detailing uses since it was constructed. General Plan and Zonina Consistenc 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 with the proposed use is consistent with the Industrial General Plan land use designation. The zoning for the site is Light Industrial (Ml). The project meets the City's minimum development standards for the M1 zoning district relating to site design, parking and landscaping, A dog kennel is a perm tPxL_Lj--P subject to the approval of a conditional use permit in the M1 zone. Therefore, the pr31134ject is consistent with the zoning designation. Project 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 will not adversely affect the present economic stability or future economic development of properties surrounding the area. Conditional Use Permit No. 2013-52 January 27, 2014 Page 3 o 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 proposed kennel facility will provide a service to the community. The proposed kennel is a use that will support 45 6japent industrial and residential uses in the area and will assist in diversifying the rang AA WPbs available to those working or 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 Dogtopia Kennel will not be detrimental to persons residing or working in the vicinity because the kennel will operate within a completely enclosed building, thereby minimizing potential impacts, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premises. • The proposed Dogtopia Kennel will not adversely affect the economic stability 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. Conditional Use Permit No. 2013-52 January 27, 2014 Page 4 • The proposed Dogtopia Kennel will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. • The proposed Dogtop,ia Kennel will not adversely affect the General Plan. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed dog kennel use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re-tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 Supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a dog kennel facility will provide a service to the surrounding businesses and residents. Public Notification The project site is not located within any 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 occupants 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. CEQA Compliance M & In accordance with the aalfWPE nviron mental Quality Act the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013-75 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. 2013-52 as conditioned. N ... . ...... Ann H. Ni Associate Planner AN:jm AnAwp51 1plancommZCUP1 3-52Dogtopja .pc Vince Fregoso, 'P Principal Planner Conditional Use Permit No. 2013-52 January 27, 2014 Page 5 Attachments: Exhibit 1 — 'Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B-7 Al GENERALAGRICULTURALt OR CCMMERJALRE SDENnAL R1 9NW FAMILY RE5©E7VTIAL. -B PKtPKI',NSMODIUCATICIN S£ GGVH;NMENTCENTER R2 TVtO FAMILY EESbBNCE GSvI ODMMEFCTALSOUT} MAIN MIA LIGI- 7MIDUSTRA0. 3 MULTIF^LEDENSTYMULSIFLE Cl COMMUNRYCCMMRFnAL M2 IIEAVVINCUSFRAL FAMILYR SCSUCE C1 -ME} COMM. COMMERDAUMUMJM DISTRCT MC) MILITARY0PERAMONS R4 SJRURTANAPARTMENTS C2 GFNPRALCOMIMIS�UAL C OPENSACE FE RESDENTIALF37ATE C3 C3WTRALFkJ9N8 P PRIO EESONAL SJ SPSOACDEVELOPMENT Q-A CENTRAL BUSNESSARk1STVITTAGE FCD PLANNED COMMUNITY FIPJR I SP SlEOHCPLAN 04 PLANNED SHOPPING CENTER PFb PLANNED RESIDENTIAL DEAlORMENT 05 ARIFRIALD3M1MEROAL CUP 2113 -52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD - - _500 1000 FEFf P L A N N I N G A N C B U I L D I N G A G P N C Y EXHIBIT 1 VICINITY MAP 7i CUP 2013-52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD e S�,l P L A N N I N G A N D 6 U I L 0 A N G A G E N C Y LAND USE MAP EXHIBIT 2 INDUSTRIAL INDUSTRIAL G A R R Y AVENUE INDUSTRIAL w D d COMMERCIAL m IN U STRIAL INDUS RIAL J Q INDUSTRIAL INDUSTRIAL Gl C) 0 ry, < ' V 2 7i CUP 2013-52 DOGTOPIA 3203 SOUTH HARBOR BOULEVARD e S�,l P L A N N I N G A N D 6 U I L 0 A N G A G E N C Y LAND USE MAP EXHIBIT 2 6 Exhibit 3 Site Photo x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 —n =-z-, 9N91 t'022 VO'VNV VINVS 9rN]AV boeUVH H!inos EHE x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 9N91 t'022 VO'VNV VINVS 9rN]AV boeUVH H!inos EHE VldOi9OG bQA lN3V43AOHJVql 1NVN31 03SOd6bd x uj < Z U) Z) T- ( 0 M o o k z "I'd 00'SZ L Z Lr Z w Z W > z L Z .4 0 0 j 0 t: Lu < F- 0 Z W Z 01 0 AND wo. in wz, 0 Z Lu H CL LL C) Ci z ci CD CN 04 v. x ONIVOSUNVI 31 B-1 1 o (n CL Lu.a 0 \ONIAHVd OH, (3) l dv OSCINVI ONI-LSIX:l ,---I d— 1 —1 d- '-Td,00'SU A_jVAAj]GlSk-LlO DNIISIX3"� -LAAHIS AO 3NII U31N33 OHVA3inoeHO8blVH EXHIBIT 4 IgIY"1 ilvM'.awrcaumx i'o-3..da. '.lvwA.3'. dax v � � YlY9d }'!I!�' dd iadd 8Z89-POLM VO VNV ViNVS FinN9AV LOOHV'H H.mos Gaze VW01900 M a � ® 4 �UOA 1NAVEAOU &VI C3SC1dCbd .LNVN3A. EXHIBIT 5 ROH - 1/27/14 RESOLUTION NO. 2014 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -52 AS CONDITIONED TO ALLOW A DOG KENNEL IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 3203 SOUTH HARBOR BOULEVARD 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- 52 to allow a dog kennel in the Light Industrial (M1) zoning district for the property located at 3203 South Harbor Boulevard. B. Conditional Use Permit No. 2013 -52 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 27, 2014. 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 M 1 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findin kwd4roposed 1. use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed kennel facility will provide a service to the community. The proposed kennel is a use that will support the adjacent industrial and residential uses in the area and will assist in diversifying the range of services available to those working or 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. 2014 -06 Page 1 of 5 The proposed Dogtopia Kennel will not be detrimental to persons residing or working in the vicinity because the kennel will operate within a completely enclosed building, thereby minimizing potential impacts, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premises. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed Dogtopia Kennel will not adversely affect the economic stability 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 Dogtopia Kennel will be in compliance with all applicable regulations and 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 Dogtopia Kennel will not adversely affect the General Plan. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages 31 B -14ase levels of capital investment. The proposed dog kennel use will involve both interior and exterior improvements of a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 Supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a dog kennel facility will provide a service to the surrounding businesses and residents. Resolution No. 2014 -06 Page 2 of 5 E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -75 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 -52, 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 3203 South Harbor Boulevard. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of January, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) 31 B -15 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2014 -06 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2014 Date: 31 B -16 Clerk of the Planning Commission City of Santa Ana Resolution No. 2014 -06 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2013 -52 Conditional Use Permit No. 2013 -52 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 rip or 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 site improvements must conform to the Site Plan Review approval of DP No. 13 -37 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. Landscaping shall be maintained in compliance with the submitted plan. Any JC,�,, i � atop to this plan shall be submitted to the Planning Division for re I bject to the approval of the Planning Manager. 5. Dogtopia shall be responsible for the removal of all litter and trash from the site each day by their patrons and dogs. Resolution No. 2014 -06 Page 5 of 5 31 B -18