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HomeMy WebLinkAbout09 - PH-2 - Review of Planning Application PA-17-36 - 12/5/2017CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 5, 2017 ITEM NUMBER: PH -2 SUBJECT: REVIEW OF PLANNING APPLICATION PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET FROM: PLANNING DIVISION / DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER DATE: NOVEMBER 27, 2017 FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION The City Council may either uphold, uphold with revisions, or reverse the Planning Commission's decision to approve Planning Application PA -17-36 for the following: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on- site parking spaces based on unique operating characteristics (11 spaces required; 10 spaces proposed). The project was approved by the Planning Commission on October 23, 2017, on a 5-0 vote. Two requests to review the action of the Planning Commission were filed on October 26, 2017 and October 27, 2017. APPLICANT / REVIEW REQUESTS The applicant/authorized agent is Ramy Eskander, representing Dr. Samir Botros, DVM, the property owner. The requests to review the action of the Planning Commission were submitted by Mayor Sandra Genis and Councilmember John Stephens. PLANNING APPLICATION SUMMARY Location: 642 Baker Street Application Number: PA -17-36 Request: Animal shelter for dogs and cats to be operated by the Orange County Humane Society (OCHS). SUBJECT PROPERTY: SURROUNDING PROPERTY: Zone: MG North: MG, Industrial Uses General Plan: Light Industrial South: (Across Baker Street) R3, Apartments Lot Dimensions: 117 FT x 91 FT East: MG, Industrial Uses Lot Area: 10,647 SF West: OC Flood Control Channel Existing Development: 3,700 SF Industrial Building DEVELOPMENT STANDARD COMPARISON (EXISTING BUILDING) Development Requ i red/Al lowed Proposed/Provided Standard Lot Area 10,000 SF Minimum 10,647 SF F.A.R. .35 (3,726 SF) .34 (3,700 SF) (Floor Area Ratio) Parking 11 Spaces 10 Spaces (3 spaces per 1,000 sq. ft. of gross floor (See Staff Report area) Discussion) Final ActionCity Council (Review) CEQA Review Exempt, Class 1 for Existing Facilities. BACKGROUND Project Site/Environs The project site is located on the north side of Baker Street, west of Enterprise Street. The property contains a one-story, 3,700 -square -foot vacant building and an abutting surface parking lot which is enclosed with walls and a rolling vehicle gate. The property is bounded by industrial buildings to the north and east, multiple family residences (apartments) to the south (across Baker Street), and an Orange County Flood Control District Channel to the west. The property is zoned MG (General Industrial) and has a General Plan Land Use Designation of General Industrial. The building was originally constructed in 1962. The prior tenant was a manufacturing use (Swift Slip Dock and Pier Builders). There are no open Code Enforcement cases on the property. Existing Animal Shelter Services Animal shelter services for the City of Costa Mesa are provided by the Orange County Humane Society (OCHS). The shelter services for OCHS are located in the City of Huntington Beach, and stray animals found in the City of Costa Mesa are brought to the Huntington Beach facility. In addition to Costa Mesa, OCHS's Huntington Beach facility also provides shelter services for the City of Garden Grove. In 2016, OCHS began to look at alternatives for providing animal shelter services within the City for Costa Mesa residents. This led to OCHS locating and purchasing the subject property. In the MG zone, animal shelters are allowed uses, subject to approval of a conditional use permit (CUP). ANALYSIS Proposed Use OCHS is proposing to provide animal shelter services at the subject property. The facility will receive and temporarily hold stray animals collected from the City of Costa Mesa by Animal Control Officers. The facility will receive and hold the animals for 5 to 7 days in case they are claimed. After this period, the animals will be released for public viewing and adoption. No animals will be destroyed at this facility. OCHS will perform basic handling of animals, health evaluation, cleaning, and minor medical treatment. Medical treatment will only be provided to animals received from Animal Control Officers; veterinary services will not be provided to the general public. The housing of dogs and cats will be in two separate areas of the building. OCHS staff will perform hourly cleaning with disinfecting and odor control products to eliminate odors. An area for outdoor walking and exercising of leashed animals is also proposed, however, this activity would be limited to the confines of the site and will not be permitted on public sidewalks. Hours of operation will be 10 am to 6 pm Monday through Friday, and 9 am to 5 pm Saturday and Sunday. No emergency drop-offs will be permitted outside of the operating hours. OCHS staff members will be onsite during operating hours. Parking Reduction For the 3,700 -square -foot building, 11 parking spaces are required; however, to accommodate the proposed outdoor exercising area and an enclosure for the existing trash bin, a reduction of three parking spaces was originally proposed (11 spaces required; 8 spaces proposed). However, during the hearing, the applicant indicated that it was possible to add two additional parking spaces to bring the total onsite parking to 10 spaces, which is reflected in condition of approval number 15 in the attached Planning Commission resolution. Planning Commission Action On October 23, 2017, the project was considered by the Planning Commission. During the hearing, one person spoke in favor of the request; 13 persons spoke in opposition. Additionally, four written correspondences were received prior to the hearing opposing the request. The applicant and the property owner agreed to the recommended conditions of approval to ensure that the shelter is operated so as to be compatible with surrounding properties and uses; therefore, the Planning Commission approved the project on a 5-0 vote. A link to the Planning Commission staff report can be found on the City's website here (hardcopy is also attached to this report): https://www.costamesaca.gov/ftp/planningcommission/agenda/2017/2017-10-23/PH-2.pdf Requests for Review Planning Commission Action On October 26, 2017 and October 27, 2017, two requests to review the action of the Planning Commission were filed; one by Councilmember Stephens and the other by Mayor Genis, respectively. Both requests are attached to this staff report. Mayor Genis's request to review the action of the Planning Commission cited concerns regarding adequacy of parking, access, and the impact of general operations on surrounding properties. Mayor Genis also cited a concern that the conditions of approval did not specify any limit as to origin or number of animals to be housed at the facility. Regarding parking, 11 parking spaces are required by Code. The Applicant originally proposed 8 parking spaces, but during the Planning Commission hearing proposed an additional two spaces, which is reflected in Condition Number 15 of the City Council Resolution. Additionally, Condition Number 9 requires the Applicant to institute operational measures to address any parking issues including, but not limited to, modifying the outdoor exercise area to accommodate additional parking spaces. Therefore, staff believes parking has been appropriately addressed. Vehicle access is proposed in a manner that meets City requirements. In addition, Condition Numbers 3 and 4 address the vehicular access gate and pick-up and drop-off times. Regarding impacts to surrounding properties, staff believes the operational impacts have been minimized through conditions of approval. At the Planning Commission hearing, the Applicant indicated that the incorporate sound attenuating materials would be incorporated into the building walls to further reduce the potential for nuisance noise. The Council may choose to require the design to incorporate such material as an additional condition of approval. The Applicant has indicated that only animals from the City of Costa Mesa will be received at the proposed facility. In addition, although the maximum number of animals is not specified in the applicant's description letter, the site plan shows 38 dog cages and 15 cat cages. The County's Animal Facilities Standards also limit the number of animals per kennel. Therefore, the theoretical maximum is 53 animals. The Council may choose to specify these limits as an additional condition of approval. Councilmember Stephen's request to review the action of the Planning Commission citing issues raised about the operator and the location of the facility as well as general concerns regarding how animal shelter services are provided in Costa Mesa. Staff believes that the project site and its environs are compatible with the proposed use from a land use perspective; this issue is discussed in greater detail in the Planning Commission staff report. Further, conditions of approval have been required related to hours of operation, allowable activities, parking, and compliance with the County's Animal Facilities Standards for Kennels. Therefore, staff believes operational issues related to land use compatibility have been addressed. Regardless, at the appropriate time the Council may approve or not approve a contract with OCHS to provide animal care services for Costa Mesa as a separate matter from the land use decision and at the pleasure of the Council. The City Council review of the Planning Commission's decision is a new public hearing and the Council may consider the project in its entirety. The Council is not restricted to only considering evidence previously presented to the Planning Commission or issues raised in the requests to review the project. LEGAL REVIEW The draft resolutions have been reviewed and approved as to form by the City Attorney's Office. ALTERNATIVES The City Council may take the following actions: 1. Uphold the Planning Commission's decision and approve the project; 2. Approve the project, subject to revised conditions of approval; or 3. Reverse the Planning Commission's decision and deny the project, articulating facts in support of the findings for project denial. CONCLUSION The project was approved by the Planning Commission on October 23, 2017. Two requests for the City Council to review the Planning Commission's decision were filed on October 26, 2017, and October 27, 2017. The City Council may choose to uphold, modify, or reverse the Planning Commission decision to approve the project. MEL LEE, AICP Senior Planner BARRY CURTIS, AICP Economic Development & Development Services Director Attachments: 1. Location Map, Zoning Map, and 500' Radius Map 2. Site Photos 3. Requests for Review 4. Correspondence from Public 5. Applicant's Project Description 6. Draft Resolutions and Exhibits 7. Planning Commission Minute Excerpts 8. October 23, 2017 Planning Commission Staff Report 9. Planning Commission Resolution 10. Project Plans Applicant: Ramy Eskander 14133 Warmington Lane Huntington Beach, CA 92649 Owner: Dr. Samir Botros, DVM 21632 Newland Street Huntington Beach, CA 92646 ('ncfn miacn Legend ❑ Costa Mesa Costa Mesa 3 iker Street 0 1 Baker Street MG -642MG . Baker Street 3110 r MG 632.MG Baker Street 3012 M 3006 Baker Street 00 0 0.02 0.0 Miles This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984-Web-Mercator-Auxiliary-Sphere current, or otherwise reliable U Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend ❑ Costa Mesa Zoning E] AP . C1 C1 -S ■ C2 ■ CL ❑ I&R I&R-S ❑ MG ❑ MP ❑ P ® PDC PDI PDR -HD ❑ PDR -LD PDR -MD . PDR -NCM R1 R2 -HD R2 -MD ■ R3 r ' TC Notes -9 I- A�gr LAOT 10 8.a?5 :. R5 11—Z3 Number 's Parcel Number TRWCT STREET Public Nc ORANGE COUNTY HUMANE SOCIETY A CAQ nc BUILDING DATAIAPPLICABLE CODES PROJECT ADDRESS: ORANGE COUNTY HUMANE SOCIETY 862 Baker S1. Gael Mew, GA. 92626 BUILDING TYPE. SHOPPING CENTER FLOOR AREA: TOTAL REMODEL AREA x 7700.00 SQUARE FEET ARNO 418-222-07 2015 CALIFORNIA BUILDING CODE CBC. CEC. CFC, CPC, 642 Baker St. Costa Mesa, CA. 92626 AOCAQ nr _qq' ATTACHMENT 10 CONSULTANTS DESIGN CONSULTANT ESKANDER STUDIOS CONSULTING AND DESING ATTN. RAMP ESNANDER '.6173 WARMINGTON I.N. HUNTINGTON BEACH. CA 92819 °HONE:(532)82/&W I SHEET INDEX ARCHITECTURAL T1 COVER SHEET AND INDEX. T2 SITE PLAN. T2 SITE PLAN V11 IMAGES. Al. DEMOLITION AND CONSTRUCTION PLAN. At.t DIMENSION PLAN A2 REFLECTED CEILING PIAN. A3ELEVATIONS. AND SECTIONS. AD 1. CONSTRUCTION DETAILS. r ESKANDER-STUDIOS 4681 ,.AGO OR IIGNTINGTON BEACH, CA 32619 (%2) 8263862 ORANGE COUNTY HUMANE SOCIETY 9505/9506 Hamilton Ave. t Huntington Beach, CA 92646 COVER SHEET RE 06/30/16 NTS T1 a 0 U w O 1.LL O O > O a a¢ Lu W Q Q � O ORANGE COUNTY HUMANE SOCIETY 9505/9506 Hamilton Ave. t Huntington Beach, CA 92646 COVER SHEET RE 06/30/16 NTS T1 � a a a a a a Baker St (E) Muni=famiiq-Residence r I ESKANDER-STUDIOS 4661 IAGO OR. HUNTINGTON BEACH, CA 92669 (562)624-3542 ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa. CA. SITE PLAN Fi.E 06/13/17 T2 a O L) w o 0 � 0 O � Q � O of a w a W Q Q ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa. CA. SITE PLAN Fi.E 06/13/17 T2 ESKANDER-STUDIOS M61 IAGO DR. HUNTINGTON BEACH, CA 92669 (562) 826]562 111 5- 0 U N H U w KIt CIL ° L- O 0 O x CIL CIL ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa, CA. SITE PLAN RE 08/13/17 1/32"=1-0' -­'. T3 DEMOLITION PLAN %i CONSTRUCTION PLAN SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" DOOR AND HARDWARE GENERAL NOTES — B.Btl 1. DooRS AND AL DOOR HARDWAREE WANING G STANDARD AND TO E PURCHASED AMD 1. CONTRACTOR SHALL REFINISH ANY aEIWSH D DOCK OR REPLACE SAID DOOR IF NOT ANE TO 1. ALL DOC6 MGM HAZE LDOCSTS TO ROM INSTALLED Ery GE ERAL CONTRACTOR. U.OA REFINISH.L L CONTRACTOR 10 VFE6Y THE FUNCTION OF ALL E)ISTNG XARONNIE RFPAR/TEPLA(Z DANA® OR L ALL LEGAL DOT DOORS SHALL E OPERABLE FROM THE INSIDE NITNCUT THE USE OF A KEY OR ANY AL INTERIOR PARTITIONS SHALL E TAPED SMOOTH AND SANOD TO IEIDK PANT OR WNL NCE-RMCDOOD HARDWARE MATH HETI EIpD STANDARD HARDWARE. SPECIAL gDNIDE OR EEFW AND SHALL SM N THE ORMTKIN OF EGESS. SPEOM LOOONG NWU710 N Oj ® DIEWOLS SOUL E OF AN APPROVED TME NO DEAD BOLTS. IO UK BOLTS, ECT 3 NEW B' -W PARTIAL HEIGHT WALL REQUIRED . PRP TO RECNE NEW FNSES DOR 79Mf N PNf111NW5 NOT DIEINSOED ARE N E LDGIm WTM 4' OF ADId1MG 1 PROM TACHE E71T SOMAL: FOR IN1El1OR IENMT SHIT: PER feC SEC/IM I011.4 1 DOOR MU SHALL E ACWPUSED BY TLG n PARTITIONS PROVIDE MN WALL TURNING AS REQUIRED) TD ACCOMMODATE NEW REAMED AND POWER. A PROVIDE LEAR HARDWARE mull RETRACTS BOTH LOW METH A SIG E A;Tiui T I ARE ALL NEW 036MWTION ON F1DORS CO6SING OF DOW 3 5/ir STI) CONSTRUCTIONE A C A SIGNI MATH BUILBUILDINGORS, DHAND EMERGENCY CONTACTS TO E PLACED A D AT FROND BACK S ALL U0016 91NL E OPERABLE FROM INSIDE NRTDUT ANY 9iOAL *MM OR F3FTRf . 5 10 E COISTIUCTED ff 3 5111' STUDS w 6 ANL NEW D0O1 FINISH SOUL WATCH IOP CONTROL SAWS CONTACT Ld M CT10N MAIAf,ER. ROM ALL NNS PNS ETC, AND PAIN AND REPAIR AL EASING HOES N GIPSAN BOAR d PARTrm As Rmu ED. PRP TD Romw NEW SPEam FINISHES. 7. MAXIMUM PULL OR PUSH EFFORT TO OPERATE ODMS SHALL NOT EXCES) 5 POURS FOR INTERIOR AND D"OR DOORS. MEASURED AT FIGHT ANG ES TO HINGED DORS AND AT CEM PLANE OF SLANG ALL PARTITION SHALL E TYPE 3. U.OAN CL CL Olt FOOID DOORS CRIESPODND OLWCS OF AUTOMATIC DDCR OPERATORS MAY E UTILIZED TO 7. MEET THE AGUE STANDARDS MANWM EFFORT TO OPERATE FEUD FIE DORS NAY E 1'S 5/f TICK WSLM BRAD THROUGHOUT, UOE w o INCREASED NOT TO DICED t5 POIDS EL ALL GLASS USED N MO,ECT SHALL E TEMPERED AND AL EPOSD FDG6 POISED, a 6 PRINCE NADIIG STANDARD INTERCHANGEABLE KEY WAYS AT IDCO IS. E PRM DITRA STUDS AS REC R D TO MOUNT EECTIGL OR HECUWCA CONTROLS 4 THE BOTTOM 1C OF ALL DOORS ERiM AUTOMATIC LAID SLLOED SHALL HAVE A SMOOTH. UINTFR L -IM SURFACE ED ALLOW THE DOOR TO E OPENED TO A WHEELCHAIR FOOTREST 10. ALL PENETRATION MOM RATED WALES MIST E FIE SEALED PER LL METHODS 0 K WITHOUT CREATING A TRAP OR HAZARDOUS COIDITIDN. —. LEGENDS. — -- - DUSTING wu MILLWORK, ETC, TD BE REMI BLOC SIO FIE E%INOIsin COMET. POTIFA PATCH AND REPAIR AS RECEIVED. NEP TO NEMER PANTED TO MATCH RTa1E NEW FNSES O1 = DUSTING WALL TO REMAIN. O= SLAG TO SAB PAIR117M NTH SOUND RA71IONOT LESS THAN 2k 10-B:C NWU710 N Oj ® WINDOW6 C-O'N FRAMED. TE PEED GLASS 0= NEW B' -W PARTIAL HEIGHT WALL OS © NEW T-10' FULL HEIGHT WALL M CONNECT E high --y .AE OE T x B' 9 1E' (W x G1' : 1E' ON for *JMP.d black). TO DUSTING GEILNG BEAM. ❑ 8' .Nan 3/16' thick ctrl #M tuba, =mt. I" Z' dual. bet— hM and nd. O 16 ga bbed r Wd got. Nth 2' R Y . I/4' Rt.W .4. 'Ren Ran. and dbgknd aacnq. C.tk... .Wd W oft DOOR - DUSTING M REMAIN DOOR - DMIIC TO BE FEI OVFD/RELGCATED. PATCH AND REPAIR AS REQUIRED. PREP TO ECETE MEI FNS ES DOOR - NEW DOOR ASSEMBLY O3 WALL REFERENCE NUMBER ® Roam NUMBER 1 DETAL NO./UDATIOH NO N �--- %M NUMBER �— O ENSON TO FACE BOSOM To CENTERLNE L1 "Auw SYMBOL NEW MILLWORK TO COMPLY WITH A.D.A. — NOT IN CONTRACT (NU.C) FEC BLOC SIO FIE E%INOIsin COMET. POTIFA INDICATES RELOCATED ITEMS NEMER PANTED TO MATCH DUSTING ITEMS TO REMAIN AIUAmNT WILL /FOC -DV -6 WN 1/6' GEAR PLASS REF_ 16/1A. MINIMA F3 TENC MISER RA71IONOT LESS THAN 2k 10-B:C LIGHT SWITCH A MUIM BENSON DUSTING OUTLETS TO TE DENIED. PATCH AM REPAIR AS LNIj,A REQUIRED . PRP TO RECNE NEW FNSES t COED WATER STUB -Dur. N INDICATES NEW ITEMS R INDICATES RELOCATED ITEMS E DUSTING ITEMS TO REMAIN NVL ESKANDER-STUDIOS -1 — OR. HUNTINGTON BEACH. CA 92869 (582)9243562 -L. ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa CA CONSTRUCTION PLAN R.E 08/13/17 y Al Lu CL O U) v w CL CL � w o W a w 0 K LEI CIL � w O � -L. ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa CA CONSTRUCTION PLAN R.E 08/13/17 y Al — — — _ — — = - ' - - APOPROX1 100.00SOFfr = ------` EXERCISE AREA -102 _ _ jj (E) -:ice: tj'j ly,.j.;..l l:%�r`ri•.>. -r-. a 2s'—a' 1 .0 FI C E E 35 fT SO in to remain m n O E) SINGLE HEIGHT DC STACKED CAT CAGES 3 2 A2 (N)WASHTUB 9 100 DOG KENNELS —Ow 3 A A2 S ❑ Al A2 B LO a � 0 F +a— ` HOLD ROOM ® 108 (E) (E) 85 SOFT. OFFICE 109 t� HOLD ROOM to remain 1 fw ® 5 0 0- n4 a - 33'-4' (E) F' 2❑ 1 6 7 Cremain 111111F liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiI I wwwwwd Ilw:w ►:� �I ■u�aianl - - - - ---------- Vvvv� VN I I�IJi.IV1��1 wwwwl i REFLECTED CEILING PLAN SCALE: 1/8"=1'-0" CEILING/ LIGHTING LEGEND SYMBOL DESCRIPTION 2'X4' LED LIGHT. MOTION SENSOR CONTROLLED. ACOUSTICAL CEILING PANELS BY ARMSTRONG. OPTIMA CAPZ -MOUNT TO DECK OR SUSPENDED -SILVER CAP ® s SUPPLY AIR GRILL 2x2 R RETURN AIR GRILL 2.2 4 M- LINEAR RECESSED LED LIGHT FIXTURE. NEO -RAY, STRAIGHT 8 NARROW 22 (2 -WIDE) OR 23 (4- WIDE) LED BY EATON/COOPER LIGHTING OR EQUAL. LENGHT (2'. 3'. 4'. 8', 8') LINEAR SUSPENDED DII LED LIGHT FIXTURE. NEO -RAV, STRAIGHT & NARROW 22 (2"WIDE) OR 23 (4" WIDE) LED BY EATON/COOPER LIGHTING OR EQUAL. LENGHT (2'. 3'. 4', 8', 8') Qc 0 UAL PENDANT LED -AMETRIX-ASYX 2.0 -DP- BY EATON/COOPER C LIGHTING (OPEN TO DECK CEILING AREA) 'WALL MOUNTEDANTILEVER LED-AMETRIX-ASYX 2.0 WM BY Cj' EATONICOOPER LI/CGHTING OR EQUAL. (OPEN TO DECK CEILING p l AREA) D1= MOUNTED AT CEILING FASCIA ABOVE CANOPY HI BAY LED. (PART DEPOT) W/ WAVESTREAM TECHNOLOGY. METALUX-SKYBAR BY EATOWCOOPER LIGHTING. MOUNTING HT. 15-0" AFF 0 OUTDOOR RECESSED LED CANOPY DOWNLIGHT BY COOPER F LIGHTING/ MCGRAW-EDISON LRC OR EQUAL. REFLECTED CEILING PLAN - A.C. LAYOUT SCALE: 1/8"=V-0" ESKANDER-STUDIOS a86i L GO OR HUNTINGTON BEACH, CA 326+9 ORANGE COUNTY HUMANE SOCIETY 642 Baker St. Costa Mesa, CA CONSTRUCTION PLAN RE 06/13/17 A2 S1 SECTION S1 Ilillllllllllll IIIIIIII.IIIII'. IIIIIIIIIIIIIII' IIIIIIIIIIIIIII! IIIIIIIIIIIIIII 'lllllllllllllll - uuuu uunuuun uuuuuuunuuounu uuuuuuuuuuunuu uuuuunu uunuuuu I I — — 111/1111 :11,1 Illllllllillll 1111111111111111111111111111 Itlllllll 1111111111111111111 Illllllllllill 11111111111111 Illllltl '�', IIIlillllillll 1111111111111111111111111111 I1111/11111111Illlilllllllll 11111111111111 11111111111111 'uuuu I uuuunun unuunuuunununn uuunuunununnnn uuunnnn uuuuuuu nuuu nuum;�;u nnnuunununuuun uunmuunnuuunm unnuuuu uununuu: 11111111 IN IN 1111.1 1111111111111111111111111111 11111111111111IIIIilllltllll 11111111111111 11111111111111 111111/1 IIIt1111;t111i 11111111111111Illlllllilllll 11111111111111Illltlllllllll 11111111111111 11111111111111 11111111 11�1Ir::. ��:�� 1111111111111111111111111111 11111111111111IIillllllillll 11111111111111 11111111111111, mum i. na+uuniu uumnnuuunnunm unuuunnuuunnnu uuuuunn nnnnuuu 1 ELEVATION 1 A2 SCALE: 1/4"=1'-0" 2 ELEVATION 2 A2 SCALE: 1/2"=1'-0" ACCESSIBLE SINK, KOHLE KINGSTON K-2005 cf? ih M v 1 ACCESSIBLE TOILET, TYP 3A ELEVATION 3A A2 SCALE: 1/2"=1'-0" ,ss - 3B ELEVATION 3A A2 SCALE: 1/2"=1'-0" ESKANDER-STUDIOS 1" Z' DP -TING"ON 9EACA 326¢9 i5fi2) d2G- .2 DRYING STATION/ GROOMING COUNT TOP GROOMING SUPPLIES SHELF O CD I 1 I Ln 0 62" Professional Stainless Steel Q Dog Pet Grooming Bath Tub U) With Ramp 2 ELEVATION 2 A2 SCALE: 1/2"=1'-0" ACCESSIBLE SINK, KOHLE KINGSTON K-2005 cf? ih M v 1 ACCESSIBLE TOILET, TYP 3A ELEVATION 3A A2 SCALE: 1/2"=1'-0" ,ss - 3B ELEVATION 3A A2 SCALE: 1/2"=1'-0" ESKANDER-STUDIOS 1" Z' DP -TING"ON 9EACA 326¢9 i5fi2) d2G- .2 ELEVATIONS HUMANE SOCIETY 642 Baker St. Costa Mesa, CA CONSTRUCTION PLAN 11.E 081"117 1/8'=V-0" A3 0 U) U w 0 a � N LL J O O a LUa O O ELEVATIONS HUMANE SOCIETY 642 Baker St. Costa Mesa, CA CONSTRUCTION PLAN 11.E 081"117 1/8'=V-0" A3 m tj STREET FRONTAGE AND VEHICLE GATE PARKING AREA , .1 aR: .1 11 u BUILDING EXTERIOR ATTACHMENT 3 Costa Mesa City of Costa Me43 OCT 26 PM 1 12 _4�� Appeal of Planning Commission Decision - 51,220.00 E] Appeal of Zoning i "istrat6OStaff-Otcision - $690.00 APPLICATION FOR APPEAL OR REVIEW Applicant Name` U� K �` n A-0' s Address Z O O C C-.2�:'t ( c Phone Representing _ 7 fL1 3 REQUEST FOR: APPEAL C Z Cn 2- Cn ❑ REVIEW'S* Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) l� I Decision by: GV -1 V11 C r'^ S 5 i o Reasons for requesting appeal or review: j i 5 s e c jn 0 uJ CA cl ,�L � c v, cit -�- G, -v � cv �' �- ,}� � �-• C' 0 C3 ✓ — k -P G` �% ✓ V !� -,4 G� 5 7 0� S� � o v Vn C I 5 C,—z cel C ✓ 'e G S Gv. c I'7 e >� t ✓�-. -cJt �-' d n YIP c N l r- h c, , Date: / U Z 2 6. Signature: .If you are serving as the agent for another person, please identify t e person you represent and provide proof of authorization. **Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIUPLANNING COMMISSION MEETING OF: If appeal or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review: — Ijl City of Costa Mesa - Appeal of Planning Commission Decision/RRehearing: $1,220.00 Appeal of Zoning Ad�ir>S77straPOWBg ng Rmcial ) FgAarshal / Staff Decision: $690.00 APPLICATION FOR APPEAL OR REVIEW J -P Applicant Name* Sandra L. Genis Address 77 Fair, Costa Mesa, Ca Phone 714-754-0814 REQUEST FOR: APPEAL REVIEW** Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, known.) :'A-17-36, Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by :he Orange County Humane Society (OCHS), Minor Conditional Use Permit to allow a reduction in the lumber of required onsite parking spaces..Approved October 23, 2017. Decision by: Planning Commission Reasons for requesting appeal or review: :oncerned about planning issues including adequacy of parking, access, and impact of general perations on surrounding properties. Conditions of approval as listed in the staff report for the October 3 Commission meeting do not specify any limit as to origin or numbers of animals to be housed at the icility, raising the potential for a more intense use with limited parking and access directly off a heavily avelled street.. thin the broader context, concerned with how this will fit in with provision of decent, safe, and sanitary imal control services for Costa Mesa residents and their pets. Date: i —7 Signature: *If you are serving as the agent for another person, please identify the person you represent and provide proof of **Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: COLGAN, JULIE Subject: FW: Planning Application PA -17-36 (OCHS Animal Shelter) ATTACHMENT 4 From: GENIS, SANDRA Sent: Monday, October 23, 2017 2:41 PM To: CURTIS, BARRY C. <BARRY.CURTIS(o)costa mesaca_go_v>; LEE, MEL <MEL.LEE@costamesaca.gov> Subject: FW: Planning Application PA -17-36 (OCHS Animal Shelter) Received the following with a request to forward to commission. From: Sent: Monday, October 23, 2017 2:17 PM To: Subject: Planning Application PA -17-36 (OCHS Animal Shelter) Hi, The following message was sent to me by a fellow concerned Costa Mesan, please read and act! Best Regards, October 23rd, 2017 Dear Sir or Madam: I am writing this letter to you with extreme urgency. I can no longer maintain silence in the face of certain media _attention and the devastating decisions by the Costa Mesa City Council Members to continue its contract with the Orange County Humane Society with the City of Garden Grove having joined them. I urge you to read this letter in its shocking entirety and implore you to act upon it, especially before you approve of OCHS operating a new facility within city limits. It is not the inadequate facility that is the true problem, it is OCHS itself. I was a long term volunteer at OCHS and must remain anonymous for the wellbeing of the animals. Should my name be associated with any of the current volunteers or staff there I fear they may be "dismissed" which would be of detriment to the animals. As you will see below, the animals there on any given day rely on the volunteers for not only their exercise and socialization but in most cases, for their most basic care and medical needs. There is only a small number of the staff that makes an effort to do their job and genuinely care for the animals in their charge. The Orange County Humane Society is not humane in the least, lacks compassion, lacks transparency, fails to meet its contractual requirements, and is motivated solely by making money, not by the welfare of the animals in their care. Where does all of the money that is "donated" to OCHS go, is it even accounted for? Supposedly the "adoption fees" cover the costs of care for the animals while in their custody. In 2016 an "insider" at the shelter revealed to multiple volunteers that someone recently had left "hundreds of thousands of dollars" in their Will to OCHS, which was ".given" to Dr. Butros, the Owner's church, instead of being invested in the care of the animals or to enhance the facility. This controversy over where the money that is allocated to OCHS actually goes has a long history. This shelter has been under scrutiny since the early 1980s when Dr. Nasre owned it, in fact. A week after the city of Costa Mesa returned to OCHS with a new contract, Dr. Butros showed up with a brand new car, an Audi, which was very suspicious to everyone. The financial practices of this "business" (as many people are under the incorrect impression that it is operated as a Non -Profit organization) are questionable at best, fraudulent at worst. OCHS has been accused of overcharging by adding sales tax on adoptions. (The Owner is still in the process of being audited.) It has no Board of Directors so donation money goes into Dr. Butros' pocket, which is illegal. Orange County Animal Control just completed their investigation into OCHS and on 08/10/2017, their kennel license was denied. The "allegations" that Newport Beach Animal Control put forth at the end of 2015 were not exclusive to the officers there, these are eye witness accounts by volunteers as well to their many abuses and betrayal of the animals there, who "shut their mouths" for the sake of being able to help the animals as best they can. The city of Westminster left OCHS in 2011 after years of contracting there because of horrible conditions and started their own place too. How many cities have to sever their relationship with OCHS before Costa Mesa gets a clue? The residents of Costa Mesa (and Garden Grove for that matter) should be made aware of how their taxes are truly being spent by staying in contract with OCHS. I, along with so many others, urge the Costa Mesa City Council to terminate their relationship to OCHS, seek to have their license to operate be revoked, and choose an alternate situation for the pets of Costa Mesa like cities such as Newport Beach and Irvine. The following are direct examples of how UNSAFE the conditions are at OCHS: -The staff hoses down cages (with animals still in them) to "clean" them, but also routinely sprays water throughout the concrete walkways during visitation/volunteer hours, putting both at risk for slips and falls. To "remedy" this, the staff sometimes maintains "caution wet floors" signs 24/7 everywhere on the property, which also are left fallen down flat. -Due to lack of proper ventilation/climate control in most of the animal "wards", in warm weather the staff sets out indoor oscillating fans that plug in to exterior outlets adjacent to the doors into the wards that block access in and out. By nature, the fans only benefit the animals closest to them and are a hazard to the public that has to step around to enter/exit the buildings. -The drainage grates in the dog cages are often broken or missing entirely or clogged, which is dangerous to the dogs that could injure their paws in them. V1— -Cages have broken grate doors or locks that never get repaired and leave the animals vulnerable to injury to themselves or by other dogs that escape their cages and attack others or even break-in and thefts by humans. A dog named "Spot" was "kidnapped" in 2016 by an intruder during the night that entered through an already compromised cage and removed him. -The outer cage sliding doors that seal the dogs in the indoor section of their cages are often broken as well and left partially open in empty cages, which allows for rain and cold weather to penetrate into the building and expose the animals overnight. (The lever style slats at the top of the buildings are left open during rain as well.) -Volunteers alerted the staff that dogs were able to "escape" their cages by jostling the grate door locks and after an incident that led to the mauling injury of one dog in particular; volunteers purchased additional padlocks with their own money to ensure doors couldn't be unlatched with force. This apparently caused an inconvenience to the staff and they removed and discarded them. Volunteers purchased a 2"d set for every cage for their own safety and made enough of a "fuss" about it that the staff didn't address it, but allowed them to remain. Currently only a small amount of the locks remain, the others have disappeared. -Because the staff does not properly trim (or groom) the animals' nails, this leads to scratching, tearing of clothing, and injury to themselves, volunteers, and potential adopters. The following are direct examples of how UNSANITARY the conditions are at OCHS: -The staff and Costa Mesa Animal Control Officers occasionally leave trash bags with deceased animals outside the front entrance to the facility that everyone must pass by. -The water bowls are not properly and routinely cleaned, many of them are too eroded/difficult to remove from the cage doors to sanitize/wash. A cage will have several animals reside in it with no cleaning in between. They are just "refilled" most of the time. (Even when dead insects are visible in them.) And volunteers are the ones who check throughout the day to make sure they have any water at all and alert the staff when an animal has been placed in a cage but not had a water bowl placed in there with them. This most likely led to the Giardia "outbreak" that affected at least 10 large breed dogs of their ward that only contains at maximum 16 animals in December 2015. Dogs were released prematurely from treatment back out for adoption and quickly returned when volunteers reported the same symptoms occurring such as severe weight loss and diarrhea. Some of those dogs never were released back out for adoption or seen again. -Cages are reported as "filthy" by visitors on a regular basis that bear witness to feces and urine left for hours at a time inside the cages with the animals. Volunteers attempt to draw attention to "messes" from vomiting and diarrhea and often clean them up when possible despite no access to cleaning supplies. -At times the sinks on the exteriors of the buildings do function, but the handles are sometimes broken and neither volunteers nor visitors can wash their hands after interacting with the animals. None of the soap dispensers function either. There is a lack of concern about hygiene for both the humans and the animals. -Volunteers check if the bedding in cages are soiled and replace when needed. The staff often leaves wet and soiled blankets, towels, and sheets overnight and throughout the day until the final volunteers for the afternoon removes them all and put new, fresh bedding down. (The staff only "allows" this in the building with the smaller animals while the larger animals and those isolated in private buildings often go without bedding at all until closing time, no matter the weather.) 1q -Rats have penetrated the dry food storage and contaminated the supply, which had to be entirely thrown out. -Volunteers spend hours cleaning the litter boxes in the cat wards daily, usually unassisted by the staff. The following are direct examples of how INHUMANE the treatment of animals is at OCHS: -Many animals that are picked up in their prospective cities by animal control officers and brought to OCHS are seldom if ever reunited with their rightful owners. The public continues to complain on social media sites and even apps like NextDoor that they are not allowed to "look for" their pets possibly being held at OCHS and later find out that they were put up for adoption or even euthanized before they had a chance to claim them. It is so unofficially well known that animals are being "hidden" and that the staff in the office will not bother to look into the matter that the public visitors will ask the volunteers to look for the animals on their behalf. It is their primary contracted duty with each City to provide these services for animals properly licensed. It is their moral duty to help animals get returned to their homes. -In the "intake" ward closed off to the public and volunteers, where animals are kept in the dark 24/7 and supposedly on hold to be claimed by owners or labeled a stray to go up for adoption, cats/kittens are comingled with dogs. Cages for cats are stacked to the side of cages with dogs, creating unimaginable stress and fear for the animals. The City of Costa Mesa by its own admission paid OCHS more money to change the situation and create a "partition" that cost taxpayers money. Was that project ever completed? And wasn't that in fact a ridiculous amount of money to spend on a partition as opposed to a more permanent solution like relocating the cats to a new area of their own? -Even though the facility has a functioning bathtub they do not clean the animals, leaving dried up feces and urine on them indefinitely. Animals that spend months there waiting for adoption almost never receive a cleaning. During the warmer months, flies will often descend upon the facility and dogs will be covered in them day after day, scratching in misery, causing sores on their ears, etc. Volunteers will bring repellant sprays to try to give the animals some relief, without staff permission to do so. -In 2016 a dog named "Goliath" was euthanized after it was determined he had a heart condition. One of the volunteers begged to adopt him and care for him for the remainder of his life, but the staff told her "they'd get back to her" and instead euthanized immediately. -An outbreak of ringworm in 2015 that affected the cats almost resulted in the euthanization of all of the cats that were up for adoption, but the animal control officers for Newport Beach stepped in and paid for all of the medicine themselves. -The dogs up for adoption only have so much time during the day to "enjoy" some sunshine in the exterior section of their cages, but if the staff wants to go home early, they will indiscriminately close off their interior partitions so they are limited to their smaller space. -Dogs that are in medical "isolation" or going through their "holding" period before going out for adoption do not have access to sunlight at all for days, weeks, even months. They are kept in the dark without fresh air even at times and no temperature control. And worst of all, there is no strict guideline enforced as to when an animal's period of isolation is complete and sometimes they are left to linger unnecessarily that way until a volunteer inquires about their status. Staff has been known to say they "forgot" they were "in back". -There is a Log Book for volunteers to make "notes" if they are concerned about an animal's health, but staff routinely ignores it and you will find multiple notations from different volunteers for days on end about a condition like diarrhea or other possible suffering. 20- -Volunteers have offered to pay for "fecal exams" out of their own pocket to test to see if a certain animal is sick after they appear to be losing weight or lacking energy but they are told it's not possible. -A small dog named "Ally" was behaving defensively in her cage which became a concern to the volunteers. To prevent a biting incident they asked the staff to make sure there was not a medical reason for why her behavior had changed so drastically and only then did the staff discover that a dog had been put up for adoption who was pregnant and protective. -A large dog named "Koi" appeared to be suffering from a chronic urinary tract infection which went untreated for months despite constant pleas to the staff. -A large dog named "Spot" had chronic dry, broken and bleeding skin problems on his paws but bandages were not replaced often enough and his cage was not kept dry and clean and so his condition continued because of wet and exposed paws. -In the last few months several volunteers were concerned over a handful of large dogs that were rapidly deteriorating physically and severely underweight and appeared to be suffering day after day. All of those dogs "disappeared", including "Brandy", "Loki", `Beatle", and "Elli" and their fates are unknown. (`Beatle" pictured) -Another large dog named "Cali" also suffered grossly underweight and clearly ill for months in 2016, despite numerous attempts to help her by volunteers, before disappearing as well. -Animals are euthanized due to "medical breakdown" but there is absolutely no transparency about the process and volunteers and the public are told they cannot know what happened to an animal they ask about. A recent estimate by an "insider" at the shelter says that about '/z of the cats that enter OCHS are put down and about 1/3 of the dogs, even as they claim to be a "low kill" shelter. -The main dog "wards" are supposed to keep small and large dogs separated but the staff often puts a larger dog in the same ward as the smaller ones which adds tremendous stress to the smaller, scared dogs. -Cats are never allowed any time outside of their cages as there is no adequate space provided at all for them. They are stuck inside a small cage 27/7 until adopted or euthanized. -Unlike other shelters, OCHS does not maintain a "foster program" at all, which is hugely detrimental during "kitten season" when more lives could be saved by temporarily going into foster because of lack of space. - 22 -The staff keeps a donated box of toys inside their office but does not share them with the animals at all, providing no mental stimulus. -A staff member was overheard saying, "I'm glad, that dog was mean", after it was euthanized for possible reactive aggression issues. -For "holidays", the shelter closes early in the afternoon the day before and stays closed throughout the next day, leaving the animals in the dark in their cages for approximately 40 hours. They pay a staff member in cash to come for an hour or so during that time to check on and feed the animals only, not cleaning up the feces and urine in their cages. -Before Garden Grove began its contract in January 2017 with OCHS, a staff member was overheard saying, "It's sad we don't really have any animals now", entirely missing the point that it's their job to increase adoptions and have fewer animals still waiting to be adopted. -At the time that Garden Grove began bringing animals to OCHS they had not prepared for the massive influx of animals and made several failed attempts to remedy this, including stacking clear "cube" cages in the breezeway behind the AAA Animal Hospital. Eventually they incorporated an "offsite secondary location" that barely anyone knows anything about. What goes on there and is there any oversight by either City at that location? -The volunteers are the ones who attempt to aid in animals getting adopted, not the staff, by writing descriptive "notes" about their personalities and behavior that they attach to their cages. -The website is not up to date and does not show all of the adoptable animals to potential adopters. Volunteers provide pictures of the animals to be used on pettan og com. -The staff of OCHS makes very little attempt to connect with the community and encourage more successful adoptions, for example: -their social media sites are abandoned with very little recent on consistent activity, find them on Instagram and Facebook where you will be disappointed by their lack of effort. -they do very few "events" to engage and in August 2016 volunteers paid out of pocket and hosted an offsite adoption event themselves, including a Bake Sale that also raised money for the shelter as well as awareness. -in the spring of 2017, signs appeared throughout the shelter stating that no photos or pictures are to be taken on the premises. What do they have to hide? The following are direct examples of how INCONSIDERATE the treatment of the public, the volunteers, and even other staff is at OCHS: -If you read the Yelp reviews alone online, you will see quickly how disgusted citizens in the community are when dealing with the staff of OCHS. Some direct quotes include, all from separate reviews... -"This place absolutely sucks ... Ive came here twice so far looking to get a cat and the service is HORRIBLE." -"These people are ungrateful a -holes." -"She was extremely rude and not helpful at all. For lack of a better word she was a b* * * *." --23- -"Regarding the oc humane society, the lady who works at the front desk with black hair is so incredibly rude. Out of no where just throws attitude." -"The staff was rude, extremely unorganized, and the facility is dirty." The list goes on, please read for yourself online. -The phone lines are often "busy" or calls go unanswered at the OCHS office, a common complaint raised by the public. -Costa Mesa animal control officers often "discuss" an animal's situation openly with the staff in front of the public visiting the premises in the office and overhear the traumatic details such as an animal being brought in hit by a car that will be euthanized. In fact, they will bring that animal through the office in front of the public on its way to the "back" of the AAA Animal Hospital. -Volunteers are also regarded as an annoyance to the staff, especially if concerns are raised, and are dismissed regularly if they question anything. -The staff falsely tells any new potential volunteers who inquire about the "volunteer program" that no volunteers are needed, even though there is never enough help with dog walking, cat socialization, etc. -The staff does not even maintain their own "guidelines for volunteers" that they give to new volunteers. They only care about volunteers using up parking spaces, which the Owner only wants used by paying customers of the AAA Animal Hospital he also owns next door. They terminate volunteers over this issue instead of putting the welfare of the animals first and foremost, knowing how much the volunteers do. -According to their own "rules", only staff are permitted to remove and return animals to their cages for safety reasons and yet staff is never available to assist volunteers and so the volunteers routinely leash up and take animals in and out for their walks on their own, etc. -When the staff does accept new volunteers, there is an "orientation" that lasts only 10 minutes long and there is very little oversight or organization on a regular basis. No one has to "check in" or "check out" and there is no master schedule. Dogs do not get walked or let out of their cages regularly because while there are 2 time "slots" a day volunteers are allowed to do so, no one is regulating or making sure there are volunteers available for every slot. -At one point, after a tragic mishap that led to the mauling death of one dog at OCHS by another because of lack of concern for safety precautions with the volunteers, OCHS suspended the volunteer program all together for many months during which no animals received any exercise or socialization. When they resumed the program many of the previous volunteers were never contacted or asked to continue even though there was a shortage. -The following is a list of all of the items and services that are paid for by VOLUNTEERS and not OCHS because they will not go out of their way to use their funds and if there are not adequate donations, they allow the animals to go without: -"special needs" food for medical cases, senior animals, or other animals like rabbits, roosters, turtles, etc. or smaller size dry kibble for smaller sized dogs. -wet can and dry food for cats. -litter, newspapers, and straw and other bedding material for animals other than dogs and cats. -- �?A - -laundry service to wash and dry bedding for the cats and dogs is personally paid for to an outside service by 2 different volunteers for 5 days a week costing at least a thousand dollars. -volunteers also take home excess bags of dirty laundry throughout the week and bring back (even though the AAA Animal Hospital has a washer and dryer onsite) and if there is not enough clean laundry to accommodate all the animals, they go without no matter the weather conditions. The staff throws out soiled blankets, towels, and sheets in the dumpsters on the property regularly instead of washing them for repeat use. Most citizens donating these items assume they are not used just one time, but they are. -"special surgeries" for certain animals that would allow them to be adoptable. -After Newport Beach terminated their contract with OCHS and began operating elsewhere, many OCHS volunteers followed them and continued volunteering for Newport Beach, where they are respected and appreciated. -Some of the staff itself is paid minimum wages by the Owner and are expected to work for the AAA Animal Hospital as well, taking them away from duties at the shelter and many of them quit regularly. Every time there is "bad press" or media exposure of any of these ongoing issues at OCHS, the staff implements minor "fixes" or "repairs" immediately after but soon goes back to the same way of doing things. Their staff primarily does not "care" about their ethical obligation to the animals and generally is devoid of empathy, which is a direct result of the ownership and management having no intention of doing right by the animals or the public trusting them unknowingly. It is time for OCHS to be held accountable once and for all for its actions. Perhaps there needs to be even more media attention to this matter and if nothing else, more public awareness and participation. The City of Costa Mesa should follow in the footsteps of other cities like Newport Beach, Irvine, Westminster, and Seal Beach and create the most humane and beneficial situation for the people and pets of their community. -26- PERFORMANCE To Whom it May Concern at the City Planning Dept: I have recently been made aware that the Orange County Humane society acquired the building located adjacent to my business at: 642 Baker Street Costa Mesa, CA 92626 1 have been advised that this building/property will be undergoing construction to become an animal shelter. I am greatly concerned about the well-being of my business as well as the occupants of the purposed animal shelter. My automotive repair facility has been at this address for 21 years and is an extremely productive facility. We are constantly utilizing power/air tools, hazardous chemicals, and also dealing with vehicle emissions that would be harmful to the animal shelters' occupants. Additionally, as a performance shop we do use an engine dynamometer that would be downright devastating for the animals within the shelter. Aside from the above-mentioned reasons, the 642 Baker Street address is along a very busy street (with limited parking) and flood channel. I would hope that the city would reconsider its plan to build an animal shelter in a very busy automotive repair area. It is in the best interest of both my business and the health of the animals that would be housed in the shelter. I would be most happy to meet with any city officials to provide a tour of my facility and/or discuss this matter further. Sincerely, Mick L. Miller Owner, Bullet Performance 3013 Enterprise St. Costa Mesa, CA 92626 �2& _-- Received City of Costa Mesa Development Services Department OCT 2 3 2017 3017 Enterprise, Unit A Costa Mesa, CA 92626 0714.556.4269 0714.513.1297 ® bulletmotorworks.com October 23, 2017 Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, CA 92628 RE.- Opposition; Planning Application PA -17-36 Animal Shelter at 642 Baker St., Costa Mesa Dear Planning Commission: W) M A N A G E M E N T L E A S I N G S A L E S I represent the owner of the neighboring property at 630-636 Baker St., Costa Mesa and I am the owner of the property management business at 636 Baker St., Costa Mesa. I have operated my business at this location for 25 years. We understand the need for the City to have an animal shelter within the city boundaries, but this is not the right location for such a facility. We ask that you deny the proposed project to operate an animal shelter at this location. As stated in the staff report for this project, the required findings state, "The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties in the area." Our property and my office is adjacent to the East property line of the project and would be materially detrimental to our use and enjoyment of our properly. The existing building is built on the zero property line without any setback. We could hear within our offices the construction noise from the previous use. We would hear the dogs barking in our offices. This is unacceptable and would not allow us the quiet enjoyment within our business and would be materially detrimental to our business. Baker Street is a very busy traffic street with cars traveling 45-50 mph in a 40 mph zone. The entrance to the property is narrow and its location is not obvious to those trying to find it. The added volume of traffic entering and exiting the OCHS shelter is hazardous, especially if they are attempting to turn left out of the parking lot. We have witnessed several accidents on Baker due to this issue, and this use will only increase the volume and potential for accidents. There is also the potential of an animal escaping its leash or crate with nowhere to run but into oncoming traffic on Baker St. 3. The site is located on a very busy street without any street parking. We have lots of experience with customers of previous businesses at the location parking in our parking lot since it is the nearest space. Visitors to the animal shelter will use our front parking lot to park, most certainly anytime the shelter gate is not open and whether, or not the onsite parking is managed sucessfully. This is a material negative detrimental impact to the operation of our property and the existing businesses located here. There is no way to mitigate, or control the offsite parking of the public visiting the site on neighboring properties. Received Costa Mesa Development S- . : D9— OCT 2 3 2017 636 Baker Street Costa Mesa CA 92626 714 438 2244 PEE 714 438 2246 FX ent Due to the sign location on the side of the building, we also often have customers entering our businesses, not realizing that they are at the wrong location, which causes a disruption to our work. With the increased volume of a business that caters to the general public, this is even more of a concern. For these reasons, I ask that you deny the project. The OCHS does great work, but there must be a better suited location for them in Costa Mesa, on a quieter street, with ample parking, that does not disturb the surrounding businesses. Thank you. Sincerely, TRIAD COMMERCIAL Bruce Parsons Owner/Principal 2�— 3013 Enterprise Street, Costa Mesa, California 92626 Re: 642 Baker St. Plans for Humane Society October 23, 2017 To Whom it may Concern, It has come to my attention that the OC Humane Society has plans to turn 642 Baker St. Costa Mesa into a Shelter. I have a number of concerns that relate to the location of this proposed shelter. As the proud parent of two small rescue dogs and a frequent donor to the ASPCA and various rescue organizations I wholly support the mission of the Humane Society and the help it provides to animals in need. However this location may not be suitable for these animals for the following reasons: 1. The building is in close proximity to an extremely busy street. If any animal darts through the fence it is sure to immediately get hit by a car. 2. Bullet Performance runs a busy auto shop right next door. An auto shop produces a fair amount of noise pollution and the noise it makes is often sharp and loud (impact guns, hammering on metal, etc.) 3. 1 personally run a racing business one building over. I am frequently running race engines which are quite loud and are sure to set off most skittish dogs. I don't want to feel badly every time I start a car as I know how one of my rescues who was abused responds to that kind noise. I am sure there are other reasons that I have not thought of yet and I appreciate the difficulties in finding space with there being such low vacancy in Orange County. But surely placing an animal shelter next to a busy industrially zoned area is not in the best interest of the animals. Thank you for your consideration, Brett Strom President 2-q- Received City of Costa Mesa Development Services Department OCT 232017 PROJECT NARRATIVE ATTACHMENT 5 City Of Costa Mesa Planning Department 77 Fair Dr. Costa Mesa, CA 92626 RE: Orange County Humane Society 642 Baker St. Costa Mesa, CA. 92626 Baker St., and Enterprise St. APN# 418-222-07 Orange County Humane Society (O.C.H.S) herby requests to establish an animal boarding facility at 642 Baker St., located at the corner of Baker St., and Enterprise St. Orange County Humane Society (O.C.H.S) function is to receive and temporarily hold stray animals from Animal Control Officers. O.C.H.S will receive, and hold the animals for 5-7 days in case they are claimed during this period of time. Animals will then be released for public viewing and adoption. O.C.H.S will only perform basic handling of animals, health evaluation, some cleaning, and minor treatments of received animal. Minor treatment will only be offered to animals received from Animal Control Officers. O.C.H.S will separate and maintain the housing of dogs and cats in two separate suites. Animals walking and exercising will only occur inside within (O.C.H.S) property lines. O.C.H.S staff will perform hourly cleaning with disinfecting, and odor control products to guarantee complete odor elimination. Veterinary care will be provided by AAA Animal Hospital located at 21632 Newland St. Huntington Beach, CA. 92646. Operating hours: 10:00am-6:00pm during the week, and 9:00am-5:00pm on Saturday, and Sunday. No Emergency drop offs outside of the operating hours. Staff members will in attendance during operating hours. In case of an emergency, AAA Animal Hospital is the emergency contact. Emergency contact information will posted at the door. Surrounding uses: The proposed property location is in a commercial building neighboring stores on east side (separated by a concrete wall, a flood channel on the west side. A residential community is located at the south side of the building across from a main street (Baker St.), and mechanic shop on the north side. RESOLUTION NO. 17 - ATTACHMENT 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Ramy Eskander, representing Dr. Samir Botros, DVM, the property owner, requesting approval of the following: Planning Application PA -17-36: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on- site parking spaces based on unique operating characteristics (11 spaces required; 10 spaces proposed). WHEREAS, a duly noticed public hearing held by the Planning Commission on October 23, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, two reviews of the Planning Commission's approval of the project were filed on October 26, 2017, and October 27, 2017. WHEREAS, a duly noticed public hearing held by the City Council on December 5, 2017, with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of contained within Exhibits B and B1, the City Council hereby APPROVES Conditional Use Permit PA -17-36 with respect to the use described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Conditional Use Permit PA -17-36, and upon the applicant's compliance with each and all of the conditions in Exhibits B and B1, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 5th day of December, 2017. ATTEST: Sandra L. Genis, Mayor APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA —3-5— STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 17 as considered at a regular meeting of said City Council held on the 5th day of December, 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 5th day of December, 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 2017 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), Conditional Use Permit and Minor Conditional Use Permit, of the Municipal Code due to the following: Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: The proposed use is within an existing building consistent with the MG zoning of the property and the other properties in the vicinity. Compliance with the recommended conditions of approval, code requirements, and County Animal Facilities Standards, will ensure that the project is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting the conditional use permit and minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Findings: The proposed use and intensity is consistent with the General Plan land use designation for the site. The project is also consistent with the following policies and objectives of the General Plan, Land Use Element. Objective LU -1 A: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure. Consistency: The use will provide a service for Costa Mesa residents that is currently not available within the City, and will be conducted within an existing building that will be specifically modified to accommodate the proposed use. Therefore, the use is consistent with this General Plan objective. —3's— Objective LU -5A: Ensure availability of adequate community facilities and provision of the highest level of public services possible, taking into consideration budgetary constraints and effects on the surrounding area. Consistency: As indicated earlier, the use will provide a service for Costa Mesa residents that is currently not available within the City. Additionally, the use, as conditioned, will minimize adverse impacts to adjacent uses. Therefore, the use is consistent with this General Plan objective. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. This exemption applies to projects that involve minor alterations to equipment, structures or facilities involving negligible or no expansion of the existing use. The use, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The use will be conducted within an existing industrial building involving only minor alterations to the existing site. Further, although the project involves a change in use from a former manufacturing use to an animal shelter, the magnitude of physical impacts such as traffic and noise are similar. Therefore, the City finds that the proposed use constitutes negligible or no expansion of the use. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report: An animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS) providing services for City of Costa Mesa residents. Any change in the operational characteristics including, but not limited to, the hours of operation indicated, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The operator is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 2. Operating hours shall be limited to 10 am to 6 pm Monday through Friday, and 9 am to 5 pm on Saturday and Sunday. 3. The rolling vehicle gate shall be kept open during the hours of operation the shelter is open to the public and employees. 4. Drop-off and pick-up services shall not block the public right-of-way and shall occur onsite within the designated parking spaces. 5. The operator shall maintain free of litter all areas of the premises underwhich applicant has control. 6. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New operators/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 7. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement, such as limiting the number and frequency of outdoor walking of leashed animals, etc. Outdoor walking of leashed animals shall not occur on public sidewalks. 8. All applicable requirements of the County's Animal Facilities Standards for Kennels shall be complied with (refer to Exhibit B1). 9. If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, organizing a drop-off and pick-up zone on the property, and modifying the outdoor exercise area to accommodate additional parking spaces. 10. Concrete wheel stops shall be installed 2 feet from the front edge of open parking spaces, or where applicable, landscape planters shall be increased 2 feet in depth to allow curbing to serve as a wheel stop. 11. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. CAL Green Code or higher as determined by applicant. 12. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 13. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be responsibility of management to ensure that this limit is not exceeded at any time. 14. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 15. The applicant shall provide two additional standard size parking spaces, bringing the total number of on-site spaces to 10, subject to approval by the Planning Division. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. 3. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code. 4. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 5. Street address shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum twelve (12) inches in height with not less than three -fourth -inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inches in height with not less than one -fourth -inch stroke and shall contrast sharply with the background 6. The parking lot shall be resurfaced and parking stalls shall be double - striped in accordance with City standards. 7. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 and the City's Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 8. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 9. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 10. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. Bldg. 11. Comply with the requirements of the following adopted codes: 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code, and 2016 California Energy Code (or the applicable adopted California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code, at the time of plan submittal or permit issuance) and California Code of Regulations, also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with Chapter 11 B of the 2016 California Building Code. 12. The conditions of approval and ordinance or code provisions of planning application PA -17-36 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 13. Prior to the Building Division issuing a demolition permit. contact South Coast Air Quality Management District (AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 or Visit their web site: http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381. The Building Div. will not issue a demolition permit until an Identification no.is provided by AQMD. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. The applicant is required to contact the Costa Mesa Sanitary District at (949) 654-8400 to arrange final sign -off prior to certificate of occupancy being released. 2. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 3. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Water 4. Customer shall contact the Mesa Water District — Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. State 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708- 1910 for information. C? :. A ". G E �- O .. N T `r' c'�Ccomniunity Resources Jur _ammur•?r✓- Os;r �n�m;rrz�rt. Rules, Regulations EXHIBIT B 1 STEVE FRANKS Resolution Nos. 75-645, 76-626 DIRECTOR OC COMMUNITY RESOURCES Animal Facilities Standards (Kennel) JENNIFER HAWKINS, DVM DEFINITIONS DIRECTOR OC ANIMAL CARE Sec. 1.00 DEFINITIONS - The definitions contained in Article I of Division 1 of Title 4 and Article 1 of Division 1 of Title 5 of the Codified Ordinances shall apply to this RENEE RAMIREZ resolution unless it is apparent from the context hereof that some other meaning is intended. INTERIM DIRECTOR In addition, the following definitions shall apply: OC COMMUNITY SERVICES i Sec. 1.01 OPERATOR - The legal owner or person in actual control of any activity JULIA BIDWELL involving animals. INTERIM DIRECTOR HOUSING COMMUNITY Sec. 1.02 OWNER - The actual custodian of an animal, whether or not that person is the DEVELOPMENT &HOMELESS legal owner, the caretaker, or merely the possessor of an animal. Legal ownership is PREVENTION established by a person being registered as the owner on a license or other legal document. STACY BLACKWOOD Sec. 1.03 PR MARY ENCLOSURE - Means any structure used to immediately restrict an DIRECTOR animal or animals to a limited amount of space, such as a room, pen, run, cage, OC PARKS compartment, or hutch. HELEN FRIED Sec. 1.04 RUN - Means the floor surface and cage, exclusive of the sleeping box, used to COUNTY LIBRARIAN continually contain Or maintain dogs or cats. OC PUBLIC LIBRARIES Sec. 1.05 ZOO — A collection of living animals for public display. ADMINISTRATION Sec. 2.00 ADMINISTRATION Sec. 2.01 ZONING - The applicant shall demonstrate that the proposed use of the property complies with the zoning regulations of Orange County. Sec. 2.02 TYPE AND NUMBER OF ANLNIALS - Applicant, when applying for a license, shall furnish the Director with a list of the type(s) of animals proposed to be kept or used for any purpose, together with the estimated maximum number thereof. The Director shall kind establish the and maximum number of animals authorized to be maintained on the 561 THE CITY DRIVE SOUTH Premises. Sec. 2.03 CHANGES TO BE REPORTED - Licensee shall report in writing any changes in address, ownership, or management to the Director at least fifteen (15) days prior to such change. (Zoning applies to the property and licensing applies to the operator, regardless of the ownership of the property.) Sec. 2.04 RECORDS TO BE KEPT - Licensee shall maintain a register of the names and addresses of person from whom animals have been received and to whom animals have been sold, traded, rented, leased, or given. This information shall be available to the Director upon demand. ORANGE, CA 92868 Sec. 2.05 REGULATIONS TO BE ISSUED - A copy of these regulations shall be issued PHONE: 714.935.6848 to each applicant for a license; theaPP applicant shall acknowledge receipt of such standards and FAX: 714.935.6373 p shall agree to comply with same by signing a form for the purpose by the Director. Such form V shall be filed with the application for a license. Sec. 2.06 LICENSE TO BE DISPLAYED - Each licensee shall display the license issued by the Director in the office, reception room, or other area accessible for inspection. Sec. 2.07 LICENSE EXPIRATION - Each license shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. Sec. 2.08 INSPECTIONS - All licensees, upon being granted any animal facility license, do thereby consent and agree to the entry upon the premises described in the license or permit by the Director or his authorized deputy for the purpose of conducting such inspections as he may deem required. The inspections shall be conducted with the licensees or his agent present. CONSTRUCTION STANDARDS Sec. 3.00 FACILITY CONSTRUCTION STANDARDS, GENERAL. Sec. 3.01 CONSTRUCTION AND MAINTENANCE - Housing facilities for animals must be constructed, equipped, and maintained so as to continuously provide a healthful and sanitary environment, as approved by the Director, for the animals kept or to be kept therein. Sec. 3.02 SHELTER AND EXERCISE - There must be adequate shelter from the elements and sufficient space for exercise. Sec. 3.03 FOOD AND WATER - There must be ample and healthful food, potable water, and adequate facilities for the sanitary storage of same. Sec. 3.04 WASTE DISPOSAL - There must be adequate drainage and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage system, it must be approved by the plumbing code of Orange County. OPERATING STANDARDS Sec. 4.00 FACILITY OPERATING STANDARDS, GENERAL. Sec. 4.01 GOOD CITIZENSHIP - Licensee shall allow no animal to constitute or cause a hazard, or to be a menace to the health, safety, or peace of the community. Licensee shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. Sec. 4.02 CRUELTY - Licensee shall take every reasonable precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are natural enemies, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives are not to be used by licensees on any animal without the written permission of the owner of the animal. Sec. 4.03 HEALTH - Licensee shall display no animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Licensee shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals. The Director or his deputies may order any animal to be examined and/or treated by a veterinarian. Sec. 4.04 VECTOR CONTROL - There must be adequate and effective means of control of insects and rodents and such control must be vigorously maintained at all times. Sec. 4.05 WASTE DISPOSAL. - Licensee shall provide for the daily disposal of all animal feces and 561 THE CITY DRIVE SOUTH, ORANGE CA. 92368 • PHONE (71 4) 935-6848 FAX (714) 935-6373 wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and wastes shall be collected not less often than daily, and shall be stored in fly -tight containers until removed. Sec. 4.06 ESCAPED ANIMALS - Licensee has full responsibility for recapturing any animal that escapes. INDOOR HOUSING FACILITIES Sec. 5.00 INDOOR FACILITY STANDARDS - In addition to the standards outlined in Sections 3.00 and 4.00 above, indoor housing facilities for animals shall also comply with the following: Sec. 5.01 HEATING - Facilities shall be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. Sec. 5.02 VENTILATION - Facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning, shall be provided when the temperature at the level of the animals is 85' F. or higher. Sec. 5.03 LIGHTING - Facilities shall have ample and well distributed light by natural or artificial means adequate to permit routine observation of the animals and/or proper cleaning of the facilities. Sec. 5.04 INTERIOR SURFACES - Interior surfaces shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. Sec. 5.05 DRAINAGE - A suitable method shall be provided to rapidly eliminate excess water. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and installed in accordance with local plumbing codes so as to prevent any backup of sewage onto the floor of the room. OUTDOOR HOUSING FACILITIES Sec. 6.00 OUTDOOR FACILITY STANDARDS - In addition to the standards outlined in Section 3.00 and 4.00 above, outdoor housing facilities for animals shall also comply with the following. Sec. 6.01 SHELTER - When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun. They shall also be provided with access to shelter to allow them to remain dry during inclement weather. When the atmospheric temperature falls below 50' F., sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. DOG KENNELS Sec. 7.00 KENNELS FOR DOGS - In addition to the above, the following shall be required for licensed kennels housing dogs. Sec. 7.01 EXTERIOR ENCLOSED - The exterior of the kennel area shall be completely fenced or otherwise enclosed. Sec. 7.02 RUN SIZES - All kennels housing dogs shall have runs. Each single run shall have a minimum floor area of eighteen (18) square feet, not including the housing area, and the width shall be not less than three (3) linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured form the tip of its nose to the base of its tail, plus six (6) inches, expressed in square feet. Sec. 7.03 RUN CONSTRUCTION - Runs shall be constructed to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, and also for ease of cleaning. Dogs belonging to different owners shall not be housed or penned together without the approval Air 561 THE CITY DRIVE SOUTH, ORANGE CA. 92368 • PHONE (714) 935-6848 FAx (714) 935-6373 of all owners concerned. (a) Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not less than one-fourth inch per foot (1/4" per ft.); such drain or gutter shall be connected to an approved sewerage system as required by the plumbing code; or (b) Pea gravel or other suitable material of sufficient thickness, and over an adequately porous base to assure that all liquids are readily drained away (no matter from what source) and that solid material can be readily removed and properly disposed of. The finding of heavy concentrations of parasite eggs in samples taken from the upper three (3) inches of the run floor shall be adequate evidence that the cleaning and sanitation of the run is not being satisfactorily accomplished; or (c) Any manner which assures that all waste material can be easily removed and/or washed away, and that the run and surrounding area is sanitary and free from parasitic buildup. Sec. 7.04 DOG KENNEL RUN CONSTRUCTION: KENNELS BOARDING DOGS NOT OWNED BY THE OPERATOR OR OWNER OF THE KENNEL - In addition to other requirements of this section, and to protect the health of dogs entrusted thereto, all such kennels hereafter licensed shall require an owner's written statement that his dog(s) is immunized against distemper, hepatitis, and Leptospirosis before accepting dogs for board or breeding. See. 7.05 HOUSING SIZE - Primary enclosures must also comply with one of the following: (a) REGULAR HOUSING - The run must be contiguous with the enclosure, or other shelter acceptable to the Director which is continuously accessible and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, sit, or lie in a comfortable position; or (b) TEMPORARY HOUSING - For animals being transported in a vehicle, held at a pet show, kept in a pet shop, or otherwise temporarily housed for not more than seventy-two (72) hours, or as otherwise specified by the Director, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. See. 7.06 HOUSING CONSTRUCTION - All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein must have convenient access to clean water. If the floor is solid and the dog cannot exit at will, there shall be newspapers, shavings, or other absorbent material on the floor. C ATTERIES Sec. 8.00 CATTERIES - In addition to the standards outlined in Sections 3.00 through 6.01 above, the following shall be required of commercial and non-commercial catteries. Sec. 8.01 EXTERIOR ENCLOSED - The exterior of the cattery area shall be completely enclosed. See. 8.02 ENCLOSURE SIZES - For cats, each single enclosure shall have a minimum floor area of eight (8) square feet, including the shelving areas, and the width shall be not less than two (2) linear feet. Each cat confined in such enclosure shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the cat in inches, as measured from the tip of its nose to the base of its tail, expressed in square feet. 56 1 THE CITY DRIVE SOUTH, GRANGE CA. 92868 ' PHONE (714) 936-6843 FAx (71 4) 936-6373 Sec. 8.03 ENCLOSURE CONSTRUCTION - Enclosures shall be constructed to effectively enclose the cats housed therein. Construction shall permit ready observation and handling of cats confined, and also ease of cleaning. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. Enclosures shall be floored in any manner which assures that all waste material can be easily removed and/or washed away, and that the enclosure and surrounding area is sanitary and free from parasitic build up. The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain the excreta. Sec. 8.04 ENCLOSURE CONSTRUCTION: CATTERIES BOARDING CATS NOT OWNED BY THE OPERATOR OR OWNER OF THE CATTERY - In addition to the other requirements of this section, all such catteries hereafter licensed or re -licensed must require an owner's written statement that his cat(s) is immunized against panleukopenia before accepting cats for boarding or breeding. KENNELS AND PET SHOPS Sec. 9.00 KENNEL AND PET SHOP OPERATION. Sec. 9.01 RABIES VACCINATION - It is the responsibility of the licensee to be able to prove at any time that all dogs on the premises, which are over four (4) months of age, have been properly vaccinated against rabies. Sec. 9.02 IDENTIFICATION - Licensee must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals. (a) For dogs required to be individually licensed , this shall consist of (1) the license tag either on the dog, (2) the license tag number recorded and placed nearby so that it is readily identifiable with the dog to which it belongs, or (3) if the dog is not licensed, that fact shall be clearly noted on the kennel record. (b) For a dog from out of the County on a temporary basis, which is not required to be individually licensed, the custodian must have in his possession some identification and evidence of his relationship to the owner thereof (see Section 9.01). Sec. 9.03 TRANSFER OF ANLNIALS - It shall be unlawful for any pet shop to sell, transfer, trade, or barter to any person, any wild, exotic, dangerous, or nondomestic animals for which a license or permit is required, without prior written approval from the Director. RODEOS Sec. 10.00 RODEOS - The following pertain to rodeos and are in addition to the general rules and regulations. Sec. 10.01 APPLICATION - The applicant, when applying for a license, shall furnish the Director with a detailed diagram of the area showing the location of chutes, catch chutes, and pens; a list of all proposed events and acts; and a copy of the rules and regulations that govern the conduct of the contestants and events. Sec. 10.02 SUPERVISION -The Director or his deputy shall be in constant attendance at all shows. This official shall be furnished an up-to-date list of names and numbers of all contestants and the numbers of the animals drawn by them. Sec. 10.03 FACILITIES- Chutes must be so constructed as to prevent injury to stock. The arena must be free of rocks, holes, and other obstacles. A conveyance must be available for the immediate removal of injured animals from the area. Sec. 10.04 EQUIPMENT -The rowels on the spurs of all contestants must be short, dull, and free to revolve. The use of wire or shot- loaded quirts is prohibited. All flank straps and equipment must be removed from stock in catch chutes as soon as possible. 561 THE CI T t LRi H E SOUTH, ORANGE CA. 92368 ' PHONF (714) 935-6848 FAx (714) 935-6373 Sec. 10.05 ATNINIALS - No animal which is unfit to perform the work intended may be used. Generally, no more than one bull will be allowed in the arena at a time. Calves for roping must weigh at least 250 pounds and must be strong and healthy. Drugging of animals is prohibited. An injured animal is to be kept in the catch chute until examined and released by the Director. SUNIiyLARY PROVISIONS (KENNEL) 1. It is the responsibility of the licensee to be in compliance with all the applicable regulations, ordinances and policies of OC Animal Care and State of California Civil Codes 1834 -1834.6 (see below). CIVIL CODE states: 1834. A depositary of living animals must provide them with suitable food and shelter, and treat them kindly. 1834.5 Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, pet grooming parlor, animal hospital, or any other animal care facility pursuant to any written or oral agreement entered into after the effective date of this section, and the owner of such animal does not pick up the animal within 14 calendar days after the day time animal was due to be picked up, the animal shall be deemed abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal, and, if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned. If an animal so abandoned was left with a veterinarian or with a facility which has a veterinarian, and a new owner cannot be found pursuant to this section, such veterinarian shall humanely destroy the animal. There shall be a notice posted in a conspicuous place, or in a conspicuous type in a written receipt given, to warn each person depositing an animal at such animal care facilities of the provisions of this section. 1834.6. An abandoned animal, as described in Section 1834.5, shall not be used for scientific or any type of experimentation, nor shall an abandoned animal turned over to a pound or animal regulation department of a public agency. 2. Random unannounced facility inspections will be conducted at the discretion of OC Animal Care by an Enforcement Officer to ensure that all the Rules and Regulations are adhered to. If a discrepancy is found and is not corrected by the date specified, you will be assessed an $385.00 re- inspection fee per Resolution No 08-091. 3. If a complaint is received regarding your facility, an Officer will respond to investigate. If a violation exists and is not corrected by the date specified, you will be subject to the same fee as per Resolution No. 08-091. 4. Failure to comply with any of above conditions and/or provisions may result in prosecution and/or the revocation of your license. The Licensee hereby acknowledges that he/she understands and agrees to adhere to these Rules, Regulations of Resolution Nos. 75-645, 76-626, and summary provisions by signing below. Date (Kennel Operator) 561 THE CITY DRIVE SOUTH, ORANGE CA. 92868 ' PHONE (714) 935.8848 FAX (714) 935-6373 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REVERSING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Ramy Eskander, representing Dr. Samir Botros, DVM, the property owner, requesting approval of the following: Planning Application PA -17-36: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on- site parking spaces based on unique operating characteristics (11 spaces required; 10 spaces proposed). WHEREAS, a duly noticed public hearing held by the Planning Commission on October 23, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, reviews of the Planning Commission's approval of the project were filed on October 26, 2017, and October 27, 2017. WHEREAS, a duly noticed public hearing held by the City Council on December 5, 2017, with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and CEQA does not apply to this project because it has been rejected and —49— will not be carried out, pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a). BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council DENIES Conditional Use Permit PA -17-36 with respect to the use described above. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 5th day of December, 2017. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA Sandra L. Genis, Mayor APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 17- — as considered at a regular meeting of said City Council held on the 5th day of December, 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 5th day of December, 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2017 --.I q — EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed project is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting approval of the project will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting approval of the project will allow a use, density, or intensity which is not in accordance with the General plan designation. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. IL30 ATTACHMENT 7 UNOFFICIAL UNTIL APPROVED MINUTE EXCERPT FROM THE October 23, 2017 PLANNING COMMISSION MEETING (Public Hearing No. 2 — PA -17-36) 2. PLANNING APPLICATION PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET Project Description: Planning Application PA -17-36 involves the following requests: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on- site parking spaces based on unique operating characteristics (11 spaces required; 8 spaces proposed). Environmental Determination: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 (Class 1), Existing Facilities. No ex -parte communications to report. Mel Lee, Senior Planner, presented the staff report. Commissioners, staff, and Lieutenant Vic Bakkila, Police Department, discussed who would be taking care of the animals during non-operating hours; if it was a good idea to approve the proposed CUP if the OCHS contract is not extended by City Council; drainage of each individual animal cage; how the facility will be cleaned; sizes of individual cages; how the open space will be used; noise impacts to the adjacent businesses; how often inspections of the facility will occur; where the overflow of animals will occur at; if this facility will be a temporary one; and if the City code allows a CUP to expire because the operator chooses to no longer operate. Chair Andranian asked Ms. Summerhill what the standard and scope is for the Commissioners when considering the correspondences received about the Humane Society. Ms. Summerhill responded that the Commissioners should focus on the land use of the proposed application not the perception of the Humane Society. PUBLIC COMMENTS Ramy Eskander, applicant, has read and agrees to the conditions of approval. A speaker spoke in opposition to this item. A speaker stated concerns with the location of the shelter. Bill McCarty spoke in opposition to this item. Jay Humphrey, Costa Mesa resident, stated concerns with the application. Sandy Johnson, Costa Mesa resident, spoke in support of this item. A speaker spoke in opposition to this item. Linda Quan, Costa Mesa resident, stated support for having an animal shelter in the City but stated concerns with the Orange County Humane Society running the proposed facility. A speaker spoke in opposition to this item. William Manworne, Costa Mesa resident, spoke in opposition to this item. Amy Manwarren, Costa Mesa resident, spoke in opposition to this item. A speaker spoke in opposition to this item. Bruce Parson, property owner at 636 Baker Street, spoke in opposition to this item. Sharon Logan, representing Paw Protectors Rescue, spoke in opposition to this item. A speaker spoke in opposition to this item. Mr. Eskander responded to public comments. Commissioner Kerins asked what is in between the exterior exercise yard area and the parking lot. Mr. Eskander responded a chain link fence. Dr. Samir Botros, property owner, responded to public comments. The Chair closed the public hearing. The Chair called for a break at 8:40 p.m. The Chair reconvened at 8:48 p.m. Commissioners, staff, and Lieutenant Bakkila discussed if the two additional parking spaces were feasible to add; if there is anywhere in the City an animal shelter is allowed by right; and whether specific site characteristics were applied when looking for a location. MOTION: Move that the Planning Commission adopt a resolution to approve Planning Application PA -17-36, subject to findings in Exhibit A and conditions of approval; and find that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 with the following modification: Condition of Approval No. 15 to read: "The applicant shall provide two additional standard size parking spaces, bringing the total number of on-site spaces to 10, subject to approval by the Planning Division." Moved by Vice Chair de Arakal, seconded by Commissioner Harlan with discussion. Commissioner Kerins asked how much will it cost to get the facility up and running. Lieutenant Bakkila responded at no cost to the City and the property owner will pay for everything. RESOLUTION PC -17-46 –A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT PA -17- 36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET The motion carried by the following roll call vote: Ayes: Andranian, de Arakal, Harlan, Kerins, Navarro Woods Noes: None Absent: None Abstained: None The Chair explained the appeal process. _S3— ATTACHMENT 8 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 23, 2017 ITEM NUMBER: — SUBJECT: PLANNING APPLICATION PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET DATE: OCTOBER 12, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Planning Application PA -17-36 involves the following requests: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on-site parking spaces based on unique operating characteristics (11 spaces required; 8 spaces proposed). APPLICANT/AUTHORIZED AGENT The applicant/authorized agent is Ramy Eskander, representing Dr. Samir Botros, DVM, the property owner. RECOMMENDATIONS 1. Find that the project is exempt from the provisions Quality Act (CEQA) under Section 15301; and 2. Adopt a resolution to approve Planning Application of approval. of the California Environmental PA -17-36, subject to conditions PLANNING APPLICATION SUMMARY Location: 642 Baker Street Application Number: PA -17-36 Request: Animal shelter for dogs and cats to be operated by the Orange County Humane Society (OCHS). SUBJECT PROPERTY: SURROUNDING PROPERTY: Zone: MG North: MG. Industrial Uses General 10,000 SF Minimum Plan: Light Industrial South: Lot Parking Dimensions: 117 FT x 91 FT East: Lot Area: 10,647 SF West: Existing Development: 3,700 SF Industrial Building (Across Baker Street) R3, Apartments MG, Industrial Uses OC Flood Control Channel DEVELOPMENT STANDARD COMPARISON (EXISTING BUILDING) Lot Area 10,000 SF Minimum 10,647 SF F.A.R. .35 (3,726 SF) (Floor Area Ratio) .34 (3,700 SF) Parking 11 Spaces (3 spaces per 1,000 sq. ft. of gross floor area) 8 Spaces (See Staff Report Discussion) Final Action Planning Commission CEQA Review I Exempt, Class 1 for Existing Facilities. 55 BACKGROUND Project Site/Environs The project site is located on the north side of Baker Street, west of Enterprise Street. The property contains a one-story, 3,700 square foot building and an abutting surface parking lot which is enclosed with walls and a rolling vehicle gate. The property is bounded by industrial buildings to the north and east, multiple family residences (apartments) to the south (across Baker Street), and an Orange County Flood Control District Channel to the west. The property is zoned MG (General Industrial) and has a General Plan Land Use Designation of General Industrial. The building was originally constructed in 1962. The prior tenant was a manufacturing use (Swift Slip Dock and Pier Builders). There are no open Code Enforcement cases on the property. Existing Animal Shelter Services Animal shelter services for the City of Costa Mesa are provided by the Orange County Humane Society (OCHS). The shelter services for OCHS are located in the City of Huntington Beach, and stray animals found in the City of Costa Mesa are brought to the Huntington Beach facility. In addition to Costa Mesa, OCHS's Huntington Beach facility also provides shelter services for the City of Garden Grove. In March 2016, the City Council requested that the City Manager's office work with OCHS to look at alternatives for providing animal shelter services within the City for Costa Mesa residents. These discussions eventually led to having OCHS locate and purchase the subject property. In the MG zone, animal shelters are subject to approval of a conditional use permit (CUP). f_ k,ulWim Ei Proposed Use The Orange County Humane Society (OCHS) is proposing to provide animal shelter services at the subject property. The facility will receive and temporarily hold stray animals collected from the City of Costa Mesa by Animal Control Officers. The facility will receive and hold the animals for 5 to 7 days in case they are claimed. After this period, the animals will be released for public viewing and adoption. No animals will be destroyed at this facility. OCHS will perform basic handling of animals, health evaluation, cleaning, and minor medical treatment. Medical treatment will only be provided to animals received from Animal Control Officers; veterinary services will not be provided to the general public. The housing of dogs and cats will be in two separate areas of the building. OCHS staff will perform hourly cleaning with disinfecting and odor control products to guarantee complete odor elimination. An area for outdoor walking and exercising of leashed animals is also proposed, however, it would be limited to the confines of the site and will not be permitted on public sidewalks. Hours of operation will be 10 am to 6 pm Monday through Friday, and 9 am to 5 pm Saturday and Sunday. No emergency drop-offs will be permitted outside of the operating hours. OCHS staff members will be in attendance during operating hours. Parking Reduction For the 3,700 -square -foot building, 11 parking spaces are required; however, to accommodate outdoor exercising area and an enclosure for the existing trash bin, a reduction of three parking spaces is proposed (11 spaces required; 8 spaces proposed). In addition to the conditional use permit for the kennel use, a minor conditional use permit (MCUP) is also being requested to accommodate the parking reduction. GENERAL PLAN AND ZONING CODE CONFORMANCE Conformance with the City of Costa Mesa General Plan The Costa Mesa General Plan establishes the long-range planning and policy direction that guides change and preserves the qualities that define the community. The 2015- 2035 General Plan sets forth the vision for Costa Mesa for the next two decades. This vision focuses on protecting and enhancing Costa Mesa's diverse residential neighborhoods, accommodating an array of businesses that both serve local needs and attract regional and international spending, and providing cultural, educational, social, and recreational amenities that contribute to the quality of life in the community. Over the long term, General Plan implementation will ensure that development decisions and improvements to public and private infrastructure are consistent with the goals, objectives, and policies contained in this Plan. The following analysis evaluates the proposed project's consistency with specific policies and objectives of the 2015-2035 General Plan. Objective LU -1A: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure. Consistency: The use will provide a service for Costa Mesa residents that is currently not available within the City, and will be conducted within an existing building that will be specifically modified to accommodate the proposed use. Therefore, the use is consistent with this General Plan objective. Objective LU -5A: Ensure availability of adequate community facilities and provision of the highest level of public services possible, taking into consideration budgetary constraints and effects on the surrounding area. Consistency: As indicated earlier, the use will provide a service for Costa Mesa residents that is currently not available within the City. Additionally, Sri the use, as conditioned, will minimize adverse impacts to adjacent uses. Therefore, the use is consistent with this General Plan objective. Conformance with the Zoning Code It is staff's opinion that the proposed use, as conditioned, meets or exceeds the intent of the City's Zoning Code with regard to the MG zone. JUSTIFICATIONS FOR APPROVAL Pursuant to Title 13, Section 13-29(g), Findings, of the Costa Mesa Municipal Code, the Planning Commission shall find that the evidence presented in the administrative record substantially meets specified findings. Staff recommends approval of the proposed project, based on the following assessment of facts and findings which are also reflected in the draft resolution. Required Findings The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properfies within the area. The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Recommended conditions of approval include, but are not limited to, the following: o The rolling vehicle gate shall be kept open during the shelter's public hours of operation. o Drop-off and pick-up services shall not block the public right-of-way and shall occur onsite within the designated parking spaces. o The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall be required to institute whatever security and operational measures are necessary to comply with this requirement, such as limiting the number and frequency of outdoor walking of leashed animals, etc. Outdoor walking of leashed animals shall not occur on public sidewalks. o All applicable requirements of the County's Animal Facilities Standards for Kennels shall be complied with, which are attached to the draft resolution as Exhibit B1. For the requested parking reduction, the following condition of approval is recommended: o If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, organizing a drop-off and pick-up zone on the property, and modifying the outdoor exercise area to accommodate additional parking spaces. �� • Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health safety and general welfare of the public or otherwise incurious to property or improvements within the immediate neighborhood. The proposed use is within an existing building consistent with the MG zoning of the property and the properties immediately abutting the site. Compliance with the recommended conditions of approval, code requirements, and County Animal Facilities Standards for Kennels, will ensure that the project is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Granting the conditional use permit and minor conditional use permit will not allow a use, densitv or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The use is consistent with the General Plan goals and policies as discussed earlier in this report. ENVIRONMENTAL DETERMINATION The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. LEGAL REVIEW The draft resolution has been reviewed and approved as to form by the City Attorney's Office. PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing: 1. Mailed notice. A public notice was mailed to all property owners within a 500 - foot radius of the project site. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.) 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper. As of October 12, 2017, no communication has been received from any property owner within a 500 -foot radius of the project sites. Any public comment(s) received prior to the Planning Commission hearing will be provided separately. ALTERNATIVES Approve the proiect with modifications. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, staff will return with a revised resolution incorporating new findings and/or conditions. 2. Deny the project. If the Planning Commission facts to support the findings for approval, the the application and provide facts in support attached draft resolution for denial. If the applicant could not submit substantially the months. CONCLUSION believes that there are insufficient Planning Commission must deny of denial to be included in the project were to be denied, the same type of application for six The use will provide a service for Costa Mesa residents that is currently not available within the City, and will be conducted within an existing building that will be specifically modified to accommodate the proposed use. The use, as conditioned, reflects a quality project that is consistent with the intent of the Zoning Code and General Plan. Therefore, staff re ommends approval of the reque EL LEE, AICP BARRY CU TIS, AICP Senior Planner Economic and Development Services Director Attachments: 1. WG�, �Iap 2. S#e4lhot*6 3. 4. i• 5. Distribution: Economic and Development Services Director Interim Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Lt. Victor Bakkila, Police Department File Applicant: Ramy Eskander 14133 Warmington Lane Huntington Beach, CA 92649 Owner: Dr. Samir Botros, DVM 21632 Newland Street Huntington Beach, CA 92646 ATTACHMENT 9 RESOLUTION NO. PC -17-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT PA -17-36 TO ALLOW AN ANIMAL SHELTER FOR DOGS AND CATS TO BE OPERATED BY THE ORANGE COUNTY HUMANE SOCIETY (OCHS) AT 642 BAKER STREET THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Ramy Eskander, representing Dr. Samir Botros, DVM, the property owner, requesting approval of the following: Planning Application PA -17-36: 1. Conditional Use Permit to allow an animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS). The shelter will be open to the public and receive and hold stray animals to be put up for adoption (no animals will be destroyed at this location). Outdoor walking and exercising of leashed animals is also proposed within the confines of the site, along with veterinary services for the animals brought to the facility (no veterinary services will be provided to the public). Hours of operation will be 10 a.m. to 6 p.m. Monday through Friday, and 9 a.m. to 5 p.m. Saturday and Sunday. 2. Minor Conditional Use Permit to allow a reduction in the number of required on- site parking spaces based on unique operating characteristics (11 spaces required; 8 spaces proposed). WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. WHEREAS, the CEQA determination for this project reflects the independent judgment of the City of Costa Mesa. WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 23, 2017 with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibits B and B1, the Planning Commission hereby APPROVES Planning Application PA -17-36. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -17-36 and upon the applicant's compliance with each and all of the conditions in Exhibits B and B1, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 23rd day of October, 2017. Stephan Andranian, Chair Costa Mesa Planning Commission STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF COSTA MESA ) I, Barry Curtis, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC -17-46 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on October 23, 2017 by the following votes: AYES: Andranian, de Arakal, Harlan, Kerins, Navarro Woods NOES: None ABSENT: None ABSTAIN: None • Costa Mesa Planning Commission Resolution No. PC -17-46 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), Conditional Use Permit and Minor Conditional Use Permit, of the Municipal Code due to the following: Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: The proposed use is within an existing building consistent with the MG zoning of the property and the other properties in the vicinity. Compliance with the recommended conditions of approval, code requirements, and County Animal Facilities Standards, will ensure that the project is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting the conditional use permit and minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Facts in Support of Findings: The project is consistent with the following policies and objectives of the General Plan, Land Use Element. Objective LU -1A: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure. Consistency: The use will provide a service for Costa Mesa residents that is currently not available within the City, and will be conducted within an existing building that will be specifically modified to accommodate the proposed use. Therefore, the use is consistent with this General Plan objective. Objective LU -5A: Ensure availability of adequate community facilities and provision of the highest level of public services possible, taking into consideration 6s •.J budgetary constraints and effects on the surrounding area. Consistency: As indicated earlier, the use will provide a service for Costa Mesa residents that is currently not available within the City. Additionally, the use, as conditioned, will minimize adverse impacts to adjacent uses. Therefore, the use is consistent with this General Plan objective. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The use, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report: An animal shelter for dogs and cats that will be operated by the Orange County Humane Society (OCHS) providing services for City of Costa Mesa residents. Any change in the operational characteristics including, but not limited to, the hours of operation indicated, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The operator is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 2. Operating hours shall be limited to 10 am to 6 pm Monday through Friday, and 9 am to 5 pm on Saturday and Sunday. 3. The rolling vehicle gate shall be kept open during the hours of operation the shelter is open to the public and employees. 4. Drop-off and pick-up services shall not block the public right-of-way and shall occur onsite within the designated parking spaces. 5. The operator shall maintain free of litter all areas of the premises under which applicant has control. 6. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New operators/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 7. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement, such as limiting the number and frequency of outdoor walking of leashed animals, etc. Outdoor walking of leashed animals shall not occur on public sidewalks. 8. All applicable requirements of the County's Animal Facilities Standards for Kennels shall be complied with (refer to Exhibit 131). 9. If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, organizing a drop-off and pick-up zone on the property, and modifying the outdoor exercise area to accommodate additional parking spaces. 10. Concrete wheel stops shall be installed 2 feet from the front edge of open parking spaces, or where applicable, landscape planters shall be increased 2 feet in depth to allow curbing to serve as a wheel stop. 11. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. CAL Green Code or higher as determined by applicant. �%-7 — 12. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 13. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be responsibility of management to ensure that this limit is not exceeded at any time. 14. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 15. The applicant shall provide two additional standard size parking spaces, bringing the total number of on-site spaces to 10, subject to approval by the Planning Division. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. 3. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code. 4. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 5. Street address shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum twelve (12) inches in height with not less than three -fourth -inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inches in height with not less than one -fourth -inch stroke and shall contrast sharply with the background 6. The parking lot shall be resurfaced and parking stalls shall be double - striped in accordance with City standards. 7. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 and the City's Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 8. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 9. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 10. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. Bldg. 11. Comply with the requirements of the following adopted codes: 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code, and 2016 California Energy Code (or the applicable adopted California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code, at the time of plan submittal or permit issuance) and California Code of 100, Regulations, also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with Chapter 11 B of the 2016 California Building Code. 12. The conditions of approval and ordinance or code provisions of planning application PA -17-36 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 13. Prior to the Building Division issuing a demolition permit. contact South Coast Air Quality Management District (AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 or Visit their web site: http://w/vw. costa mesaca qov/modules/showdocument aspx?documentid =23381. The Building Div. will not issue a demolition permit until an Identification no.is provided by AQMD. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. The applicant is required to contact the Costa Mesa Sanitary District at (949) 654-8400 to arrange final sign -off prior to certificate of occupancy being released. 2. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 3. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Water 4. Customer shall contact the Mesa Water District — Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. State 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. -- 1`10.- L ccomniunity Resources Rules, Regulations EXHIBIT � � � B STEVE FRANKS Resolution NGOs. 75-645, 76-626 DIRECTOR T OC COMMUNITY RESOURCES Animal Facilities Standards (Kennel) Standards ll JENNIFER HAWKINS, DVM DEFINITIONS DIRECTOR OC ANIMAL CARE Sec. 1.00 DEFINITIONS - The definitions contained in Article I of Division 1 of Title 4 and Article 1 of Division 1 of Title 5 of the Codified Ordinances shall apply to this RENEE RAMIREZ resolution unless it is apparent from the context hereof that some other meaning is intended. INTERIM DIRECTOR In addition, the following definitions shall apply: OC COMMUNITY SERVICES Sec. 1.01 OPERATOR - The legal owner or person in actual control of any activity JULIA BIDWELL ! involving animals. INTERIM DIRECTOR HOUSING COMMUNITY Sec. 1.02 OWNER - The actual custodian of an animal, whether or not that person is the DEVELOPMENT & HOMELESS legal owner, the caretaker, or merely the possessor of an animal. Legal ownership is PREVENTION established by a person being registered as the owner on a license or other legal document. STACY BLACKWOOD Sec. 1.03 PRLNIARY ENCLOSURE - Means any structure used to immediately restrict an DIRECTOR animal or animals to a limited amount of space, such as a room, pen, run, cage, OC PARKS compartment, or hutch. HELEN FRIED Sec. 1.04 RUN - Means the floor surface and cage, exclusive of the sleeping box, used to COUNTY LIBRARIAN continually contain or maintain dogs or cats. OC PUBLIC LIBRARIES Sec. 1.05 ZOO — A collection of living animals for public display. AD MINISTRATION Sec. 2.00 ADNII ISTRATION Sec. 2.01 ZONNG - The applicant shall demonstrate that the proposed use of the property complies with the zoning regulations of Orange County. Sec. 2.02 TYPE AND NUMBER OF ANDIALS - Applicant, when applying for a license, shall furnish the Director with a list of the type(s) of animals proposed to be kept or used for any purpose, together with the estimated maximum number thereof. The Director shall �. establish the kind and maximum number of animals authorized to be maintained on the 561 THE CITY DRIVE SOUTH premises. Sec. 2.03 CHANGES TO BE REPORTED - Licensee shall report in writing any changes in address, ownership, or management to the Director at least fifteen (15) days prior to such change. (Zoning applies to the property and licensing applies to the operator, regardless of the ownership of the property.) Sec. 2.04 RECORDS TO BE KEPT - Licensee shall maintain a register of the names and addresses of person from whom animals have been received and to whom animals have been sold, traded, rented, leased, or given. This information shall be available to the Director upon demand. ORANGE, CA 92868 Sec, 2,05 REGULATIONS TO BE ISSUED - A copy of these regulations shall be issued PHONE: 714.935.6848 to each applicant for a license; theapplicant shall acknowledge receipt of such standards and FAX: 714.935.6373 shall agree to comply with same by signing a form for the purpose by the Director. Such form shall r be filed with the application for a license. Sec. 2.06 LICENSE TO BE DISPLAYED - Each licensee shall display the license issued by the Director in the office, reception room, or other area accessible for inspection. Sec. 2.07 LICENSE EXPIRATION - Each license shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. Sec. 2.08 ViSPECTIONS - All licensees, upon being granted any animal facility license, do thereby consent and agree to the entry upon the premises described in the license or permit by the Director or his authorized deputy for the purpose of conducting such inspections as he may deem required. The inspections shall be conducted with the licensees or his agent present. CONSTRUCTION STANDARDS Sec. 3.00 FACILITY CONSTRUCTION STANDARDS, GENERAL. Sec. 3.01 CONSTRUCTION AND MAINTENANCE - Housing facilities for animals must be constructed, equipped, and maintained so as to continuously provide a healthful and sanitary environment, as approved by the Director, for the animals kept or to be kept therein. Sec. 3.02 SHELTERAND EXERCISE - There must be adequate shelter from the elements and sufficient space for exercise. Sec. 3.03 FOOD AND WATER - There must be ample and healthful food, potable water, and adequate facilities for the sanitary storage of same. Sec. 3.04 WASTE DISPOSAL - There must be adequate drainage and satisfactory sanitary disposal of both natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage system, it must be approved by the plumbing code of Orange County. OPERATLYG ST SND ARDS Sec. 4.00 FACILITY OPERATING STAINDARDS, GENERAL. Sec. 4.01 GOOD CITIZENSHIP - Licensee shall allow no animal to constitute or cause a hazard, or to be a menace to the health, safety, or peace of the community. Licensee shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. Sec. 4.02 CRUELTY - Licensee shall take every reasonable precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are natural enemies, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives are not to be used by licensees on any animal without the written permission of the owner of the animal. Sec. 4.03 HEALTH - Licensee shall display no animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Licensee shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or parasites will not be transmitted to other animals. The Director or his deputies may order any animal to be examined and'or treated by a veterinarian. Sec. 4.04 VECTOR CONTROL - There must be adequate and effective means of control of insects and rodents and such control must be vigorously maintained at all times. Sec. 4.05 WASTE DISPOSAL - Licensee shall provide for the daily disposal of all animal feces and 561 THE CITY DRIVE SOUTH, ORANGE CA. 92868 ' PHONE (714) 935-6848 FAX (7 1 4) 935-6373 wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and wastes shall be collected not less often than daily, and shall be stored in fly -tight containers until removed. Sec. 4.06 ESCAPED A.NINIALS - Licensee has full responsibility for recapturing any animal that escapes. INDOOR HOUSING FACILITIES Sec. 5.00 INDOOR FACILITY STANDARDS - In addition to the standards outlined in Sections 3.00 and 4.00 above, indoor housing facilities for animals shall also comply with the following: Sec. 5.01 HEATING - Facilities shall be sufficiently heated when necessary to protect the animals from cold and to provide for their health and comfort. Sec. 5.03 VENTILATION - Facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning, shall be provided when the temperature at the level of the animals is 85' F. or higher. Sec. 5.03 LIGHTING - Facilities shall have ample and well distributed light by natural or artificial means adequate to permit routine observation of the animals and/or proper cleaning of the facilities. Sec. 5.04 INTERIOR SURFACES - Interior surfaces shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. Sec. 5.05 DRAINAGE - A suitable method shall be provided to rapidly eliminate excess water. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and installed in accordance with local plumbing codes so as to prevent any backup of sewage onto the floor of the room. OUTDOOR IIOUSLNG F-ICILITIES Sec. 6.00 OUTDOOR FACILITY STANDARDS - In addition to the standards outlined in Section 3.00 and 4.00 above, outdoor housing facilities for animals shall also comply with the following. Sec. 6.01 SHELTER - When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow animals kept outdoors to protect themselves from the direct rays of the sun. They shall also be provided with access to shelter to allow them to remain dry during inclement weather. When the atmospheric temperature falls below 50' F., sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. DOG KENNELS Sec. 7.00 KENNELS FOR DOGS - In addition to the above, the following shall be required for licensed kennels housing dogs. Sec. 7.01 EXTERIOR ENCLOSED -The exterior of the kennel area shall be completely fenced or otherwise enclosed. Sec. 7.03 RUN SIZES - All kennels housing dogs shall have runs. Each single run shall have a minimum floor area of eighteen (18) square feet, not including the housing area, and the width shall be not less than three (3) linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured form the tip of its nose to the base of its tail, plus six (6) inches, expressed in square feet. Sec. 7.03 RUN CONSTRUCTION - Runs shall be constructed to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, and also for ease of cleaning. Dogs belonging to different owners shall not be housed or penned together without the approval 13- 561 THE CITY DRIVE SOUTH, ORANGE CA. 92868 4 PHONE (714) 935-6848 FAX (71 4) 935-6373 of all owners concerned. (a) Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not less than one-fourth inch per foot ( 1/4" per ft.); such drain or gutter shall be connected to an approved sewerage system as required by the plumbing code; or (b) Pea gravel or other suitable material of sufficient thickness, and over an adequately porous base to assure that all liquids are readily drained away (no matter from what source) and that solid material can be readily removed and properly disposed of. The finding of heavy concentrations of parasite egos in samples taken from the upper three (3) inches of the run floor shall be adequate evidence that the cleaning and sanitation of the run is not being satisfactorily accomplished; or (c) Any manner which assures that all waste material can be easily removed and,'or washed away, and that the run and surrounding area is sanitary and free from parasitic buildup. Sec. 7.04 DOG KENNEL RUN CONSTRUCTION: KENNELS BO OLNG DOGS NOT OWNED BY THE OPERATOR OR OWNER OF THE KENNEL - In addition to other requirements of this section, and to protect the health of dogs entrusted thereto, all such kennels hereafter licensed shall require an owner's written statement that his dog(s) is immunized against distemper, hepatitis, and leptospirosis before accepting dogs for board or breeding. Sec. 7.05 HOUSING SIZE - Primary enclosures must also comply with one of the following: (a) REGULAR HOUSINI G - The run must be contiguous with the enclosure, or other shelter acceptable to the Director which is continuously accessible and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, sit, or lie in a comfortable position; or (b) TEMPORARY HOUSING - For animals being transported in a vehicle, held at a pet show, kept in a pet shop, or otherwise temporarily housed for not more than seventy-two (72) hours, or as otherwise specified by the Director, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. Sec. 7.06 HOUSPi G CONSTRUCTION - All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein must have convenient access to clean water. If the floor is solid and the do; cannot exit at will, there shall be newspapers, shavings, or other absorbent material on the floor. CATTERIES Sec. 8.00 CATTERIES - In addition to the standards outlined in Sections 3.00 through 6.01 above, the following shall be required of commercial and non-commercial catteries. Sec. 8.01 EXTERIOR ENCLOSED - The exterior of the cattery area shall be completely enclosed. Sec. 8.02 ENCLOSURE SIZES - For cats, each single enclosure shall have a minimum floor area of eight (8) square feet, including the shelving areas, and the width shall be not less than two (2) linear feet. Each cat confined in such enclosure shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the cat in inches, as measured from the tip of its nose to the base of its tail, expressed in square feet. 561 THE CITY DRIVE SOUTH, ORANGE CA. 92368 0 PHOME (714) 935-6848 FAX (71 4) 9356373 Sec. 8.03 ENCLOSURE CONSTRUCTION - Enclosures shall be constructed to effectively enclose the cats housed therein. Construction shall permit ready observation and handling of cats confined, and also ease of cleaning. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. Enclosures shall be floored in any manner which assures that all waste material can be easily removed and/or washed away, and that the enclosure and surrounding area is sanitary and free from parasitic build up. The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain the excreta. Sec. 8.04 ENCLOSURE CONSTRUCTION: CATTERIES BOARDING CATS NOT OWNED BY THE OPERATOR OR OWNER OF THE CATTERY - In addition to the other requirements of this section, all such catteries hereafter licensed or re -licensed must require an owner's written statement that his cat(s) is immunized against panleukopenia before accepting cats for boarding or breeding. KENNELS AND PET SHOPS Sec. 9.00 KENNEL AND PET SHOP OPERATION. Sec. 9.01 RABIES VACCINATION - It is the responsibility of the licensee to be able to prove at any time that all dogs on the premises, which are over four (4) months of age, have been properly vaccinated against rabies. Sec. 9.02 IDENTIFICATION - Licensee must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals. (a) For dogs required to be individually licensed, this shall consist of (1) the license tag either on the dog, (2) the license tag number recorded and placed nearby so that it is readily identifiable with the dog to which it belongs, or (3) if the dog is not licensed, that fact shall be clearly noted on the kennel record. (b) For a dog from out of the County on a temporary basis, which is not required to be individually licensed, the custodian must have in his possession some identification and evidence of his relationship to the owner thereof (see Section 9.01). See. 9.03 TRANSFER OF AYLNI.ALS - It shall be unlawful for any pet shop to sell, transfer, trade, or barter to any person, any wild, exotic, dangerous, or nondomestic animals for which a license or permit is required, without prior written approval from the Director. RODEOS Sec. 10.00 RODEOS - The following pertain to rodeos and are in addition to the general rules and regulations. See. 10.01 APPLICATION - The applicant, when applying for a license, shall furnish the Director with a detailed diagram of the area showing the location of chutes, catch chutes, and pens; a list of all proposed events and acts; and a copy of the rules and regulations that govern the conduct of the contestants and events. Sec. 10.02 SUPERVISION -The Director or his deputy shall be in constant attendance at all shows. This official shall be furnished an up-to-date list of names and numbers of all contestants and the numbers of the animals drawn by them. Sec. 10.03 FACILITIES- Chutes must be so constructed as to prevent injury to stock. The arena must be free of rocks, holes, and other obstacles. A conveyance must be available for the immediate removal of injured animals from the area. Sec. 10.04 EQUIPMENT -The rowels on the spurs of all contestants must be short, dull, and free to revolve. The use of wire or shot- loaded quirts is prohibited. All flank straps and equipment must be removed from stock in catch chutes as soon as possible. n s IS` 561 THE CITY DRIVE SOUTH, ORANGE CA. 92368 ' PHONE (714) 93&684.8 FAX ('714) 935.6373 Sec. 10.05 ANINLUS - No animal which is unfit to perform the work intended may be used. Generally, no more than one bull will be allowed in the arena at a time. Calves for roping must weigh at least 250 pounds and must be strong and healthy. Drugging of animals is prohibited. An injured animal is to be kept in the catch chute until examined and released by the Director. SUMMARY PROVISIONS (KENNEL) 1. It is the responsibility of the licensee to be in compliance with all the applicable regulations, ordinances and policies of OC Animal Care and State of California Civil Codes 1834 -1834.6 (see below). CIVIL CODE states: 1834. A depositary of living animals must provide them with suitable food and shelter, and treat them kindly. 1834.5 Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, pet grooming parlor, animal hospital, or any other animal care facility pursuant to any written or oral agreement entered into after the effective date of this section, and the owner of such animal does not pick up the animal within 14 calendar days after the day time animal was due to be picked up, the animal shall be deemed abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal, and, if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned. If an animal so abandoned was left with a veterinarian or with a facility which has a veterinarian, and a new owner cannot be found pursuant to this section, such veterinarian shall humanely destroy the animal. There shall be a notice posted in a conspicuous place, or in a conspicuous type in a written receipt given, to warn each person depositing an animal at such animal care facilities of the provisions of this section. 1834.6. An abandoned animal, as described in Section 1834.5, shall not be used for scientific or any type of experimentation, nor shall an abandoned animal turned over to a pound or animal regulation department of a public agency. ?. Random unannounced facility inspections will be conducted at the discretion of OC Animal Care by an Enforcement Officer to ensure that all the Rules and Regulations are adhered to. If a discrepancy is found and is not corrected by the date specified, you will be assessed an $385.00 re- inspection fee per Resolution No 08-091. 3. If a complaint is received regarding your facility, an Officer will respond to investigate. If a violation exists and is not corrected by the date specified, you will be subject to the same fee as per Resolution No. 08-091. 4. Failure to comply with any of above conditions and, -or provisions may result in prosecution and/or the revocation of your license. The Licensee hereby acknowledges that he/she understands and agrees to adhere to these Rules, Regulations of Resolution Nos. 75-645, 76-626, and summary provisions by signing below. Date (Kennel Operator) 561 THE CITY DRiYE SOUTH, ORANGE CA. 92868 • Pu4ONE (71 4) 935-6848 FAx (7 14) 9356373