Title
PLN18-0562 -- Administrative Use Permit - 2331 North Loop Road - Applicant: John L. Lipp on behalf of Friends of the Alameda Animal Shelter. Public hearing to consider a use permit to allow the operation of an animal shelter which will include indoor boarding for up to 34 animals, a supervised outdoor animal run, administrative offices, and community events, in a new 12,000 square foot building on a 0.45 acre parcel. A Final Development Plan and Design Review for the proposed building was approved by the Planning Board on June 10, 2019. Pursuant to Alameda Municipal Code Section 30-4.10.c, indoor animal shelters with supervised outdoor animal runs require the approval of a Use Permit when located within 200 feet of residential properties.
Body
CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN18-0562 -- Administrative Use Permit - 2331 North Loop Road - Applicant: John L. Lipp on behalf of Friends of the Alameda Animal Shelter. Public hearing to consider a use permit to allow the operation of an animal shelter which will include indoor boarding for up to 34 animals, a supervised outdoor animal run, administrative offices, and community events, in a new 12,000 square foot building on a 0.45 acre parcel. A Final Development Plan and Design Review for the proposed building was approved by the Planning Board on June 10, 2019. Pursuant to Alameda Municipal Code Section 30-4.10.c, indoor animal shelters with supervised outdoor animal runs require the approval of a Use Permit when located within 200 feet of residential properties.
GENERAL PLAN: Business Park
ZONING: C-M-PD, Commercial Manufacturing Zoning District, Planned Development Combining District.
ENVIRONMENTAL
DETERMINATION: Categorically Exempt from State CEQA Guidelines, Section 15332 - Infill Development. On a separate and independent basis this project is also exempt from CEQA pursuant to CEQA Guidelines Section 15183 (projects consistent with General Plan and Zoning).
PROJECT PLANNER: David Sablan, Planner II
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
On June 10, 2019 the Planning Board approved a Planned Development Amendment, Final Development Plan, and Design Review to allow for the construction a new two story 12,000 square foot building on the 0.45 acre vacant parcel located at 2331 North Loop Road. The Planning Board also recommended City Council adopt a Zoning Text Amendment that would allow for indoor animal shelters and supervised outdoor animal runs within the C-M Zoning District with the approval of a Use Permit. The City Council adopted the Zoning Text Amendment on September 3, 2019, which went into effect on October 3, 2019. The approved Zoning Text Amendment modified Alameda Municipal Code (AMC) Section 30-4.10.c.3 to read as follows:
“Veterinary clinics, veterinary hospitals, kennels, or animal shelters within two hundred (200′) feet of any R District only upon a finding by the Planning Director that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare. Supervised outdoor runs and unleashed activity shall only be permitted between the hours of 8:00 A.M. and 8:00 P.M., and animals shall be leashed and supervised when outdoors at all other times. No outside pens or unsupervised runs shall be permitted,”
The applicant, Friends of the Alameda Animal Shelter (FAAS), is seeking approval of a use permit for an indoor animal shelter, with accessory veterinary services for animals up for adoption, and supervised outdoor runs to occupy the previously approved building.
FAAS is proposing to board up to 34 animals indoors at the project site. Currently FAAS boards animals at their location at 1590 Fortmann Drive. FAAS’s proposed operation plan will still use the Fortmann facility for the intake of animals, where animals receive veterinary care and observation to determine suitability for adoption. FAAS will transfer animals ready for adoption to the 2331 North Loop Road facility, where they will be boarded indoors until they are adopted. FAAS will use an approximately 1,800 square foot open space located adjacent to residences as an outdoor dog run, in addition to a . Noise and odor from unsupervised animals could pose a nuisance for these residential neighbors. Therefore animals will never be left outside unsupervised. Animals will be monitored and removed from the outdoor run to reduce noise impacts. Noisy dogs can be removed before their barking becomes a constant nuisance. Additionally, FAAS will immediately clean up and dispose of animal waste to avoid odor nuisances and health hazards.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed animal shelter is compatible with the surrounding office park and adjacent residential neighborhood. The design of the building is complementary to existing buildings in the business park, and the building itself is visually interesting with architectural detailing and articulation. The Project is sensitive to the adjacent single family homes by incorporating a “sensory garden” with landscaping and trees to separate the building and the homes. Furthermore, the overall building height is two stories and 30 feet tall, matching the maximum height of the adjacent two-story homes. Therefore, the proposed project, with conditions of approval, will be compatible with the adjacent surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The business park is in an urban area wilth adequate transportation and service facilities. The applicant will develop a vacant lot within the business park and make improvements to the project frontage that is required for all development in Alameda. The proposed parking lot and shared parking agreement with a nearby property owner will provide adequate parking facilities for the project. Furthermore, the project will continue to provide access between the adjacent lagoon and North Loop Road, allowing the residential neighborhood to access the shoreline trail. The project will provide both long term and short term parking for employees and visitors to the facility.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
The proposed Project will not adversely impact surrounding land uses, including the residential neighborhood directly adjacent to the property. The use of the building as an animal shelter will be subject to subsequent use permit approval to ensure all operational characteristics of the facility will address any potential nuisance issues so as to not interfere with the public health, safety and welfare. As designed, the building will provide adequate sound proofing to keep all animal noises at a minimum. Outdoor animal runs will be used periodically during the day under staff supervision, who will monitor the behavior of animals and promptly collect waste to avoid noise and odor nuisances.
4. The proposed use relates favorably to the General Plan.
The project is consistent with Policy SN-55 of the Safety and Noise Element, which encourages the City utilize the development entitlement process to require local businesses to reduce noise impacts on the community by following operating procedures that limit the potential for conflicts. The proposed project also supports General Plan policies for the development of Harbor Bay Business Park and to increase complementary business opportunities and job generation in Alameda.
1. Uses Approved: This use permit approves the following uses on the property:
a. Indoor animal shelter, with a capacity for boarding of up to 34 animals.
b. Veterinary services for animals up for adoption, but not as a service to the general public.
c. Outdoor animal run that is under the supervision of animal shelter staff at all times of use. Use of the outdoor animal run is limited to the hours of 8:00 A.M. and 8:00 P.M.
2. Leash Requirement: All animals shall be on a leash when outside between the hours of 8:00 P.M. and 8:00 A.M.
3. Compliance with Plans. Any modification on this site shall be in substantial compliance with the Use Permit application prepared by Forge Architecture date-stamped received April 16, 2019, on file in the City of Alameda Planning, Building and Transportation Department, except as modified by the conditions listed in this report.
4. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
5. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by October 21, 2021 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
6. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
7. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6
Environmental Determination
The Zoning Administrator has determined that this project qualifies for a Class 32 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15332 - Infill Development, based on the following findings:
1. The project is consistent with the applicable general plan designation an all applicable general plan policies as well as with applicable zoning designation and regulations.
2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounding urban uses.
3. The project has no value as habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
5. The site can be adequately served by all required utilities and public services.
Use Permit and Design Review
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: October 21, 2019___