planning commission report - santa monica · 2019. 11. 6. · of olympic by the santa monica...

Planning Commission Report

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Planning Commission Meeting: November 6, 2019 Agenda Item: 9-A

To: Planning Commission

From: Jing Yeo, AICP, City Planning Division Manager

Permit: 19ENT-0202

Address: 1639-1649 9th Street

Applicant: Quezada Architecture

Subject

Conditional Use Permit to allow the operation of a kennel in conjunction with a new non-profit dog rescue operation known as the Happy Dog Project within a new two-story, 13,413 square foot building on a 29,034 square foot parcel in the Industrial Conservation (IC) zoning district.

Zoning District Industrial Conservation (IC)

Land Use Element Designation Industrial Conservation District

Parcel Area (SF)/Dimensions 29,034 square feet, Irregular shaped lot

Existing On-Site Improvements 1639 9th Street – one-story, 6,055 square foot industrial building (1950) (to be demolished) 1643 9th Street - one-story, 5,500 square foot industrial building (artist studio) (1970) (to remain) 1649 9th Street – three, one-story industrial buildings totaling 2,225 square feet (1924, 1927, 1950) (to be demolished)

Rent Control Status Industrial/Commercial Property-N/A

Adjacent Zoning Districts & Land Uses

North: IC –auto repair facility East: IC – industrial uses South: IC – industrial uses West: IC – City of Santa Monica animal shelter

Historic Resources Inventory None of the improvements are listed on the HRI

Recommended Action

1. Approve Conditional Use Permit 19ENT-0202

2. Adopt the Statement of Official Action

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Executive Summary The Happy Dog Project (“Happy Dog”) is a new Los Angeles based non-profit that aims to rescue dogs from shelters and train and socialize the animals for eventual placement with families. The Happy Dog Project as presented primarily functions as a “kennel” as described in SMMC 9.51.030(B)(2)(b). Kennels are permitted within the Industrial Conservation (IC) zoning district subject to the granting of a Conditional Use Permit by the Planning Commission.

The following issues should be considered by the Planning Commission in its review of the proposed project and are addressed in this report:

The compatibility of a kennel within the context of the surrounding neighborhood.

The effectiveness of the recommended conditions of approval in minimizing any potential adverse impacts to the surrounding neighborhood in conjunction with the operation of a kennel.

Project Description Happy Dog is a proposed dog adoption facility that connects people with former shelter dogs through a comprehensive behavioral, obedience, and crate training rescue program and adoption process. Happy Dog would be housed in a proposed two-story, 13,413

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square foot building that would include traditional kennel spaces and ancillary pet adoption facilities along with cage-free socialization lounges. The building would also contain a café space that would enable unique visitor interaction and socialization with the dogs. This building would comply with the Tier 1 development standards for the Industrial Conservation district and its size would not exceed Development Review Permit thresholds, this building would be subject to Administrative Approval review and Architectural Review Board approval should the subject Conditional Use Permit be approved. The project site is located along 9th Street which is a public street that dead-ends in front of the project site. Automobile and pedestrian access to this segment of 9th Street is only available via Olympic Boulevard, which in this general location functions as a one-way street heading in a westward direction. 9th Street is further cut-off from extending south of Olympic by the Santa Monica Freeway and the Lincoln Boulevard freeway off-ramp.

Proposed Site Plan

The proposed project site is comprised of three individual parcels that will be tied together to enable the proposed Happy Dog Project to be located on a singular building site. The site is currently improved with the following:

a 6,055 square foot one-story, metal-framed industrial building on the 1639 9th Street portion of the site;

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a one-story, 5,500 square foot concrete block industrial building on the 1643 9th Street portion; and,

three, one-story concrete industrial buildings, totaling 2,225 square feet, on the 1649 9th Street portion of the site.

All existing improvements on the 1639 and 1649 portions would be demolished as part of the project scope. Demolition Permit applications were received and reviewed by the Landmarks Commission on March 11, 2019 and determined there is not credible evidence in the record to proceed with a further public hearing to determine whether the buildings in question meet criteria as a City Landmark or Structure of Merit. The building at 1643 would remain and is being considered for use as artists’ studios (which is not included as a component of the project scope at this time). Operations Happy Dog would primarily receive dogs from City and County shelters and provide canine housing, medical care, socialization, and training to facilitate their future adoption. The facility would not keep more than 30 dogs at the facility at any given time. At intake, the facility would include an isolation space for dogs to be observed, examined, groomed, and treated (as necessary) by staff. All dogs would arrive through this space for examination before they start training or are introduced to the public. Once deemed healthy, training would start immediately until they are ready to spend time in the lounge spaces and socialize with people. Happy Dog would have trainers and animal behaviorists on staff to ensure that the dogs have access to veterinary care, as needed. Although certain staff would have 24-hour access to the facility, Happy Dog would not be open to the public until 9 a.m. at the earliest allowing for time to feed, exercise, and train the dogs. The facility would remain open to the public until 9 p.m., Sunday through Thursday. Extended hours until 10 p.m. on Fridays and Saturdays would be intended to allow Happy Dog to hold events and provide community outreach in order to further facilitate dog rescue. These may include workshops and training services to potential and current dog owners and partnership events or fundraisers with local businesses.

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Proposed First Floor Plan Proposed Second Floor Plan

Site Plan The majority of the kennel operations would be located on the interior of the proposed building. In order to allow the dogs to have more free space to exercise and socialize in an outdoor setting, four outdoor areas are proposed. These spaces are 427, 426, 241, and 135 square feet in size. The largest of these (outdoor areas A, B, and C as shown on the first floor plan) are situated in a protected location toward the center of the building which would lessen any impacts to adjacent development, particularly east of 9th Court. These spaces are partially open to the sky and are enclosed by horizontal wood slat fencing with a minimum height of six feet. The smallest remaining outdoor space is sited nearer the rear service alley. This space is also open to the sky but is surrounded by seven-foot high vertical wood fencing.

Preliminary Design - Street elevation at 1639 9th Street

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Discussion City Regulatory Requirements and Operational Standards The Happy Dog Project as presented would include space that is defined and would function as a “kennel” as described in SMMC 9.51.030(B)(2)(b). As per SMMC Section 9.13.020, kennels are permitted within the Industrial Conservation (IC) zoning district subject to the granting of a Conditional Use Permit by the Planning Commission. The ancillary “veterinary services” and the café (provided its size is 2,500 square feet or less) are permitted outright within the IC zone.

The City’s Municipal Code does not establish operational standards specific to kennels. However, the project and operation would be required to comply with generally applicable City and County building, sanitary, and health and safety regulations and laws, including those specifically related to animal care and kennels. In addition, in order to ensure that this use would not create adverse impacts, the following special operational restrictions have been volunteered by the applicant:

1. Owner shall limit excessive dog barking in the outdoor areas. Indoor areas of the facility where dogs are kept shall be acoustically treated, as necessary, to mitigate excessive noise levels that are audible outside the property boundaries.

2. No dog shall be kept outside between the hours of 9 p.m. and 7 a.m.

3. No more than 30 dogs shall be kept at the facility at any one time.

4. All outdoor play areas shall be fenced at a height no less than six feet. Members of the general public shall be prohibited from entering the outdoor enclosures from the outside and shall only be permitted to enter through the facility.

5. Public access to the facility shall be limited to the hours of 9 a.m. to 9 p.m. Sunday through Thursday and 9 a.m. to 10 p.m. Friday and Saturday.

6. The facility shall be monitored 24 hours per day, 7 days per week; however, in the event that no animals are present in the facility, monitoring shall not be required.

7. Dog waste in outdoor enclosures shall be removed periodically throughout the day. Outdoor enclosure areas shall be hosed down and cleaned at least 2 times per day.

8. All outdoor dog areas shall have separate sewer drainage that waste can be washed down in order to minimize pet waste from remaining on ground surfaces for an extended period of time.

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Parking Parking for the proposed Happy Dog Project and its appurtenant café use would be accommodated in two surface parking lots with space to accommodate 20 vehicles. Both lots are accessible from 9th Court service alley. The table below demonstrates a breakdown of the project’s proposed uses. No additional parking is required relative to the existing industrial building at 1643 9th Street that is to remain and whose reuse is not included as part of the project scope. The five existing parking spaces are to remain.

Land Use Parking Requirement Parking Required Parking Provided

Kennel

1 space/1,000 SF (10,514 SF)

10.51

Cafe

1 space/300 SF (2,436 SF)

8.12

Total Required 18.63 spaces (19 spaces)

Total Proposed 20 spaces Table 1: Vehicle Parking

Neighborhood Compatibility

The site is situated within an industrial area of the City and is isolated and buffered from residential uses by other industrial uses, the Santa Monica Freeway to the south, and the Colorado Avenue commercial corridor to the north. Given the lack of connectivity to the greater City street and pedestrian network, the site sits in relative isolation which would be an appropriate condition for a kennel use. In addition, as suggested, the proposed special operational conditions would seek to address any potential impacts that could result, particularly in consideration of noise and odors.

Environmental Analysis

CEQA Guidelines Section 15183.3 states the following: “CEQA does not apply to the effects of an eligible infill project under two circumstances. First, if an effect was addressed as a significant effect in a prior EIR for a planning level decision, then, with some exceptions, that effect need not be analyzed again for an individual infill project even when that effect was not reduced to a less than significant level in the prior EIR. Second, an effect need not be analyzed, even if it was not analyzed in a prior EIR or is more significant than previously analyzed, if the lead agency makes a finding that uniformly applicable development policies or standards, adopted by the lead agency or a city or county, apply to the infill project and would substantially mitigate that effect. Depending on the effects addressed in the prior EIR and the availability of uniformly applicable development policies or standards that apply to the eligible infill project, streamlining under this section will range from a complete exemption to an obligation to prepare a narrowed, project-specific environmental document.”

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As demonstrated in the attached Infill Checklist, the project is an urban infill project that qualifies for CEQA exemption pursuant to the provisions set forth in Section 15183.3 of the CEQA Guidelines. The Infill Environmental Checklist demonstrates that the project’s environmental effects would be less than significant, the project is consistent with the LUCE, and its effects were analyzed in the City’s previously certified Land Use and Circulation Element Environmental Impact Report (LUCE EIR SCH #2009041117). The Infill Environmental Checklist addresses all environmental issues listed in Appendix N of the CEQA Guidelines. Based on the analysis provided within this checklist, the City has concluded that the project would not result in new significant impacts on the environment and that the project is exempt from CEQA per Section 15183.3.

Alternative Actions:

In addition to the recommended action, the Planning Commission could consider the following with respect to the project if supported by the evidentiary record and consistent with applicable legal requirements:

A1. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant

A2. Articulate revised findings and/or conditions to Deny, with or without prejudice, the subject application

Conclusion Staff believes that the operation of a kennel in conjunction with the Happy Dog Project would be compatible within the context of its commercial and industrial surroundings. The proposed operational standards volunteered by the applicant would provide the necessary safeguards against any environmental or neighborhood impacts that could result. Staff recommends that the Planning Commission approve Conditional Use Permit 19ENT-0202 subject to the conditions described in the attached draft Statement of Official Action. Prepared by: Scott Albright, Senior Planner Attachments A. General Plan and Municipal Code Compliance Worksheet B. Draft Statement of Official Action C. Public Notification D. Infill Checklist E. Project Plans, Renderings & Neighborhood Context Photographs

F. F:\CityPlanning\Share\PC\STRPT\2019\1639-1649 9th Street (Happy Dog Kennel CUP)\19ENT-0202 (1639 9th Street)(Happy Dog Kennel CUP).docx

9 Attachment A General Plan & Municipal Code Compliance Worksheet

ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET

Project Location and Permit Processing Time Limits

Project Address: 1639-1649 9th Street

Application Filing Date: September 23, 2019 (project scope revised)

CEQA Deadline: October 23, 2019

PSA Deadline: November 22, 2019

Total Process Review Time (Days):

43 Days

General Plan and Municipal Code Compliance Worksheet

Category

Municipal Code

Project

Permitted Use

Kennel Conditionally permitted within the Industrial Conservation district [SMMC Section 9.13.020)]

Conditional Use Permit for a the operation of a kennel in conjunction with the Happy Dog dog rescue project

10 Attachment B Draft Statement of Official Action

ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION

City of Santa Monica City Planning Division

PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION

PROJECT INFORMATION CASE NUMBER: 19ENT-0202 LOCATION: 1639-1649 9th Street APPLICANT: Quezada Architecture PROPERTY OWNER: 1639 9th Street LLC CASE PLANNER: Scott Albright, Senior Planner REQUEST: Conditional Use Permit to allow the operation of a kennel

in conjunction with a new non-profit dog rescue operation known as the Happy Dog Project within a new two-story, 13,413 square foot building on a 29,034 square foot parcel in the Industrial Conservation (IC) zoning district.

CEQA STATUS: The proposed kennel is exempt from the provisions of the

California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15183.3 as an infill project that meets established criteria.

PLANNING COMMISSION ACTION

November 6, 2019 Determination Date

Approved based on the following findings and subject to the conditions below.

Denied.

Other:

Attachment B Draft Statement of Official Action

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EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:

November 21, 2019

EXPIRATION DATE OF ANY PERMITS GRANTED:

November 21, 2021

LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*:

6 months

* Any request for an extension of the expiration date must be received in the City

Planning Division prior to expiration of this permit. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 1. The proposed kennel use is conditionally allowed within the Industrial

Conservation (IC) Zoning District and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Zoning Ordinance" and all other titles of the Municipal Code. Kennels are specifically identified in SMMC Section 9.13.020 as permitted subject to the issuance of a Conditional Use Permit by the Planning Commission.

2. The proposed use is consistent with the Goals and Policies specified for the Industrial Conservation land use district of the General Plan. Specifically, Goal D27 encourages the preservation and protection of the industrial area where new small businesses can be incubated and supported and Policy D27.1 which encourages industrial uses to locate in the Industrial Conservation District.

3. The subject parcel is physically suitable for the type of land use being proposed,

in that the 29,034 square foot parcel is adequate in size to accommodate a proposed kennel facility and its ancillary uses in a manner that will be fully compliant with any relevant zoning requirements.

4. The proposed use is compatible with any of the land uses presently on the subject

parcel if the present land uses are to remain, in that the proposed kennel will be operated in a new building on a site that contains an existing industrial building that is proposed to be demolished. The special operational restrictions imposed on the kennel operation and the limited amount of outdoor activity space for the kennel will ensure better compatibility of these uses.

5. The proposed use is compatible with existing and permissible land uses within the


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district and the general area in which the proposed use is to be located, in that the subject property is zoned as Industrial Conservation (IC) which conditionally allows for kennels. The proposed kennel which will be operated in conjunction with the Happy Dog Project which will provide dog rescue and adoption services to the local community. The location of the proposed kennel is situated within an industrial area of the City and is isolated and buffered from the closest residential development by other industrial uses, the Santa Monica Freeway to the south, and the Colorado Avenue commercial corridor to the north.

6. The physical location or placement of the use on the site is compatible with and

relates harmoniously to the surrounding neighborhood, in that the proposed kennel facility will operate out of a fully contained newly constructed building and will be subject to special operational standards that would address any potential impacts that could result, particularly in consideration of noise and odors.

7. Based on environmental review, the proposed project has no potentially significant

environmental impacts or any potentially significant environmental impacts have been reduced to a less than significant because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted. The requested Conditional Use Permit to allow the operation of kennel is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline Section 15183.3 as an infill project that meets established criteria.

8. The proposed kennel would not be detrimental to the public interest, health, safety,

convenience, or general welfare in that its operation would be compatible within the context of its commercial and industrial surroundings and would be subject to voluntary operational standards to provide the necessary safeguards against any environmental or neighborhood impacts.

CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. Owner shall limit excessive dog barking in the outdoor areas. Indoor areas of the

facility where dogs are kept shall be acoustically treated, as necessary, to mitigate excessive noise levels that are audible outside the property boundaries.

2. No dog shall be kept outside between the hours of 9 p.m. and 7 a.m. 3. No more than 30 dogs shall be kept at the facility at any one time.


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5. Public access to the facility shall be limited to the hours of 9 a.m. to 9 p.m. Sunday

through Thursday and 9 a.m. to 10 p.m. Friday and Saturday. 6. The facility shall be monitored 24 hours per day, 7 days per week; however, in the

event that no animals are present in the facility, monitoring shall not be required. 7. Dog waste in outdoor enclosures shall be removed periodically throughout the day.

Outdoor enclosure areas shall be hosed down and cleaned at least 2 times per day.

8. All outdoor dog areas shall have separate sewer drainage that waste can be

washed down in order to minimize pet waste from remaining on ground surfaces for an extended period of time.

Administrative

9. The Planning Commission’s approval, conditions of approval, or denial of this

application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in SMMC Section 9.37.130. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction, or actual commencement of the use granted by this conditional use permit if a building permit is not required.

10. Within ten days of City Planning Division transmittal of the Statement of Official

Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

11. Within thirty (30) days after final approval of the project, a sign shall be posted on

site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Conditional Use Permit.


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12. Prior to issuance of a Business License, the applicant shall post a notice at the

building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, the establishment’s approved floor plan, is available upon request. This notice shall remain posted at all times the establishment is in operation.

13. In the event permittee violates or fails to comply with any conditions of approval of

this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

14. Applicant shall defend, indemnify, and hold harmless the City and its boards,

commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of 19ENT-0202 or any Claims brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur:

i. The City bears its own attorney's fees and costs. ii. The City defends the action in good faith. iii. Applicant shall not be required to pay or perform any settlement unless the

settlement is approved by the Applicant. iv. In the event any such action is commenced to attack, set aside, void or

annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder.

Conformance with Approved Plans 15. This approval is for those plans dated September 19, 2019, a copy of which shall

be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.


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16. Minor amendments to the plans shall be subject to approval by the Director of

Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

17. Project plans shall be subject to complete Code Compliance review when the

building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.

Fees

18. As required by California Government Code Section 66020, the project applicant

is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.

Project Operations 19. The operation shall at all times be conducted in a manner not detrimental to

surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

20. The project shall at all times comply with the provisions of the Noise Ordinance

(SMMC Chapter 4.12). 21. All on-site parking spaces for employee or customer use shall be clearly identified

as such with either signage or pavement markings. Standard Conditions 22. Mechanical equipment shall not be located on the side of any building which is

adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.

23. Final approval of any mechanical equipment installation will require a noise test in

compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be


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submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

24. Final parking lot layout and specifications shall be subject to the review and

approval of the Strategic and Transportation Planning Division.

25. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

VOTE Ayes: Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Leslie Lambert, Chairperson Date Acknowledgement by Permit Holder

I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title Date

Applicant’s Signature

ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION

City of Santa Monica City Planning Division

PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION

*Revised PROJECT INFORMATION CASE NUMBER: 19ENT-0202 LOCATION: 1639-1649 9th Street APPLICANT: Quezada Architecture PROPERTY OWNER: 1639 9th Street LLC CASE PLANNER: Scott Albright, Senior Planner REQUEST: Conditional Use Permit to allow the operation of a kennel

in conjunction with a new non-profit dog rescue operation known as the Happy Dog Project within a new two-story, 13,413 square foot building on a 29,034 square foot parcel in the Industrial Conservation (IC) zoning district.

CEQA STATUS: The proposed kennel is exempt from the provisions of the

California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15183.3 as an infill project that meets established criteria.

PLANNING COMMISSION ACTION

November 6, 2019 Determination Date

Approved based on the following findings and subject to the conditions below.

Denied.

Other:

EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:

November 21, 2019

EXPIRATION DATE OF ANY PERMITS GRANTED:

November 21, 2021

LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*:

6 months

* Any request for an extension of the expiration date must be received in the City

Planning Division prior to expiration of this permit. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS: CONDITIONAL USE PERMIT FINDINGS 1. The proposed kennel use is conditionally allowed within the Industrial

Conservation (IC) Zoning District and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Zoning Ordinance" and all other titles of the Municipal Code. Kennels are specifically identified in SMMC Section 9.13.020 as permitted subject to the issuance of a Conditional Use Permit by the Planning Commission.

2. The proposed use is consistent with the Goals and Policies specified for the Industrial Conservation land use district of the General Plan. Specifically, Goal D27 encourages the preservation and protection of the industrial area where new small businesses can be incubated and supported and Policy D27.1 which encourages industrial uses to locate in the Industrial Conservation District.

3. The subject parcel is physically suitable for the type of land use being proposed,

in that the 29,034 square foot parcel is adequate in size to accommodate a proposed kennel facility and its ancillary uses in a manner that will be fully compliant with any relevant zoning requirements.

4. The proposed use is compatible with any of the land uses presently on the subject

parcel if the present land uses are to remain, in that the proposed kennel will be operated in a new building on a site that contains an existing industrial building that is proposed to be demolished. The special operational restrictions imposed on the kennel operation and the limited amount of outdoor activity space for the kennel will ensure better compatibility of these uses.

5. The proposed use is compatible with existing and permissible land uses within the

district and the general area in which the proposed use is to be located, in that the subject property is zoned as Industrial Conservation (IC) which conditionally allows for kennels. The proposed kennel which will be operated in conjunction with the Happy Dog Project which will provide dog rescue and adoption services to the local community. The location of the proposed kennel is situated within an industrial area of the City and is isolated and buffered from the closest residential development by other industrial uses, the Santa Monica Freeway to the south, and the Colorado Avenue commercial corridor to the north.

6. The physical location or placement of the use on the site is compatible with and

relates harmoniously to the surrounding neighborhood, in that the proposed kennel facility will operate out of a fully contained newly constructed building and will be subject to special operational standards that would address any potential impacts that could result, particularly in consideration of noise and odors.

7. Based on environmental review, the proposed project has no potentially significant

environmental impacts or any potentially significant environmental impacts have been reduced to a less than significant because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted. The requested Conditional Use Permit to allow the operation of kennel is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline Section 15183.3 as an infill project that meets established criteria.

8. The proposed kennel would not be detrimental to the public interest, health, safety,

convenience, or general welfare in that its operation would be compatible within the context of its commercial and industrial surroundings and would be subject to voluntary operational standards to provide the necessary safeguards against any environmental or neighborhood impacts.

CONDITIONS OF APPROVAL: PLANNING AND COMMUNITY DEVELOPMENT Project Specific Conditions

1. Owner shall limit excessive dog barking in the outdoor areas. Indoor areas of the facility where dogs are kept shall be acoustically treated, as necessary, to mitigate excessive noise levels that are audible outside the property boundaries.

2. No dog shall be kept outside between the hours of 9 p.m. and 7 a.m.

3. No more than 30 dogs shall be kept at the facility at any one time.


5. Public access to the facility shall be limited to the hours of 9 a.m. to 9 p.m. Sunday through Thursday and 9 a.m. to 10 p.m. Friday and Saturday.

6. The facility shall be monitored 24 hours per day, 7 days per week; however, in the event that no animals are present in the facility, monitoring shall not be required.

7. Dog waste in outdoor enclosures shall be removed periodically throughout the day. Outdoor enclosure areas shall be hosed down and cleaned at least 2 times per day.

8. All outdoor dog areas shall have separate sewer drainage that waste can be washed down in order to minimize pet waste from remaining on ground surfaces for an extended period of time.

9. The Project Applicant shall retain a qualified environmental consultant to prepare a Soils Management Plan (SMP), which will be submitted to DTSC, RWQCB, and/or City of Santa Monica Fire Department for review and approval prior to the commencement of excavation and grading activities. The recommendations of the applicable oversight agency shall be incorporated in the SMP. The SMP shall be implemented during excavation and grading activities on the Project Site to ensure that any contaminated soils are properly identified, excavated, and disposed of off-site, as follows:

a. The SMP shall be prepared and executed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil. The SMP shall require the timely testing and sampling of soils so that contaminated soils can be separated from inert soils for proper disposal. The SMP shall specify the testing parameters and sampling frequency. During excavation, Rule 1166 requires that soils identified as contaminated shall be sprayed with water or another approved vapor suppressant, or covered with sheeting during periods of inactivity of greater than an hour, to prevent contaminated soils from becoming airborne. Under Rule 1166, contaminated soils shall be transported from the Project Site by a licensed transporter and disposed of at a licensed storage/treatment facility to prevent contaminated soils from becoming airborne or otherwise released into the environment.

b. During the Project's excavation phase, the Applicant shall remove and properly dispose of contaminated materials, including contaminated soils, in accordance with the provisions of the SMP. If soil is stockpiled prior to disposal, it will be managed in accordance with the Project's Storm Water Pollution Prevention Plan, prior to its transfer for treatment and/or disposal.

All impacted soils would be properly treated and disposed of in accordance with SCAQMD Rule 1166, Volatile Organic Compound Emissions from Decontamination of Soil, as well as applicable requirements of DTSC and LARWQCB.

10. Closure and removal of the four, 1,200 gallon aboveground storage tanks that are located onsite and are not in use must be completed in accordance with state and local requirements under the oversight of the appropriate CUPA agency.

Administrative

11. The Planning Commission’s approval, conditions of approval, or denial of this

application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in SMMC Section 9.37.130. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction, or actual commencement of the use granted by this conditional use permit if a building permit is not required.

12. Within ten days of City Planning Division transmittal of the Statement of Official

Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

13. Within thirty (30) days after final approval of the project, a sign shall be posted on

site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Conditional Use Permit.

14. Prior to issuance of a Business License, the applicant shall post a notice at the

building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, the establishment’s approved floor plan, is available upon request. This notice shall remain posted at all times the establishment is in operation.

15. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

16. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of 19ENT-0202 or any Claims brought against the City due to the acts or omissions in any way connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur:

i. The City bears its own attorney's fees and costs. ii. The City defends the action in good faith. iii. Applicant shall not be required to pay or perform any settlement unless the

settlement is approved by the Applicant. iv. In the event any such action is commenced to attack, set aside, void or

annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder.

Conformance with Approved Plans 17. This approval is for those plans dated September 19, 2019, a copy of which shall

be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

18. Minor amendments to the plans shall be subject to approval by the Director of

Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

19. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance.

Fees 20. As required by California Government Code Section 66020, the project applicant

is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule.

Project Operations 21. The operation shall at all times be conducted in a manner not detrimental to

surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

22. The project shall at all times comply with the provisions of the Noise Ordinance

(SMMC Chapter 4.12). 23. All on-site parking spaces for employee or customer use shall be clearly identified

as such with either signage or pavement markings. Standard Conditions 24. Mechanical equipment shall not be located on the side of any building which is

adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure.

25. Final approval of any mechanical equipment installation will require a noise test in

compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

26. Final parking lot layout and specifications shall be subject to the review and

approval of the Strategic and Transportation Planning Division.

27. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

VOTE Ayes: Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Leslie Lambert, Chairperson Date Acknowledgement by Permit Holder

I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

Print Name and Title Date

Applicant’s Signature


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ATTACHMENT C PUBLIC NOTIFICATION INFORMATION

Pursuant to Municipal Code Section 9.37.030(E) and in accordance with the posting requirements set forth by the Zoning Administrator. The applicant posted a sign on the property regarding the subject application within 15 days of submittal of the Discretionary Permit application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.37.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 750 foot radius of the project and published in the Santa Monica Daily Press at least 14 consecutive calendar days prior to the hearing. On October 1, 2019, the applicant/appellant was notified by phone and in writing of the subject hearing date.


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COURTESY NOTICE OF A CONTINUED PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION

SUBJECT: Conditional Use Permit 19ENT-0202

1639-1649 9th Street APPLICANT: Quezada Architecture PROPERTY OWNER: 1639 9th Street LLC

A public hearing will be held by the Planning Commission to consider the following request: The applicant requests approval of a Conditional Use Permit (19ENT-0202) to allow the operation of a kennel in conjunction with a non-profit dog rescue operation known as the Happy Dog Project within a new two-story, 13,413 square foot building on a 29,034 square foot parcel in the Industrial Conservation (IC) zoning district. (Continued from October 16, 2019 meeting at the applicant’s request)

DATE/TIME: WEDNESDAY, NOVEMBER 6, 2019 AT 7:00 PM LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting. Address your letters to: Scott Albright, Senior Planner Re: 19ENT-0202 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Scott Albright at (310) 458-8341, or by e-mail at [email protected]. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.smgov.net . The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines #1, #2, #3, Rapid #3, #7, #8, #9, Rapid #10, and #18 service City Hall and the Civic Center area. The Expo Line terminus is at Colorado Avenue and Fourth Street, a short walk to City Hall. Public parking is available in front of City Hall, on Olympic Drive, and in the Civic Center Parking Structure (validation free). Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.

http://www.smgov.net/


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ATTACHMENT D

Infill Checklist

To Be Inserted

1639-49 9th Street


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ATTACHMENT E

Project Plans, Renderings & Neighborhood Context

1639-49 9th Street

planning commission report - santa monica · 2019. 11. 6. · of olympic by the santa monica...

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