Title
PLN21-0560 - 2331 North Loop - Friends of the Alameda Animal Shelter (FAAS) Final Development Plan, Use Permit, and Design Review for an Interim Veterinary Services Facility - Applicant: John Lipp on behalf of FAAS. Public hearing to consider re-approval of a final development plan and conditional use permit to allow an indoor animal shelter with veterinary medical services and administrative offices for FAAS. The Planning Board approved a conditional use permit for an animal shelter with outdoor dog runs on January 27, 2020 and the project was granted a one-time 2-year extension in January 2022. The applicant is also seeking design review approval for temporary structures so operations can begin while fundraising for the permanent structure continues. General Plan designation: Business + Employment. Zoning designation: C-M-PD, Commercial-Manufacturing and Planned Development Zoning District. CEQA Determination: Exempt per CEQA Guidelines Section 15332 - Infill Development.
Body
To: Honorable President and Members of the Planning Board
From: Allen Tai, Planning, Building & Transportation Director
BACKGROUND
On June 10, 2019 the Planning Board approved a Final Development Plan, Planned Development Amendment, and Design Review (PLN18-0562) for a new facility for the Friends of the Alameda Animal Shelter (FAAS). The Planning Board also recommended approval of a Zoning Text Amendment that would conditionally permit animal shelters and veterinary services within 200’ of residentially zoned property in the C-M zoning district. That Zoning Text Amendment was adopted by the City Council on September 3, 2019 via Ordinance No. 3248.
On January 27, 2020 the Planning Board approved a use permit for the indoor animal shelter, limited use of outdoor areas, and veterinary care for shelter animals.
In January 2022 the applicant was granted a one-time 2-year extension of the use permit which expired on January 27, 2024. To continue the animal shelter use, the use permit must be re-approved by the Planning Board.
In June 2022 the Planning Board approved a Design Review amendment (PLN21-0560) for a redesign of the previously approved building which included a change of exterior materials, a smaller second floor, and the elimination of a roof-top dog run.
Due to the COVID-19 pandemic that began immediately after the project’s original approval FAAS was unable to conduct the fundraising activities needed for build out of the project under their original scope and timeline. Because both the Use Permit and Final Development Plan are no longer in effect, the applicant is seeking re-approval of those entitlements for the indoor animal shelter and veterinary care for shelter animals uses. Additionally, the applicant is seeking Design Review approval for an interim facility so that operations can begin while fundraising for the permanent facility approved via PLN21-0560 can continue.
DISCUSSION
Due to the complex approval process of the project, listed below are all of the entitlements required by the project, their current status, and actions, if any, needed at this time.
• Zoning Text Amendment - At project submittal the site’s C-M Zoning District conditionally permitted animal shelters and veterinary uses provided they were not located within 200’ of residentially zoned properties. Since the project site is directly adjacent to a residential neighborhood the project required a Zoning Text Amendment to allow such uses within 200’ of residentially zoned properties with approval of a conditional use permit. The City Council adopted a Zoning Text Amendment via Ordinance No. 3248 on September 3, 2019 which authorizes animal shelters and veterinary uses in the C-M district, including those properties within 200 feet of residential zoning districts, with approval of a conditional use permit. No further action is needed.
• Planned Development Amendment - The project site is a part of the Harbor Bay Business Park Planned Development, which established the development standards, including required setbacks, for the office park. When originally adopted the PD established a 35-foot required setback along the rear property line which abuts single family residences. Due to the unusual shape of the lot the applicant requested amendment of the PD to reduce that setback to 23 feet. The Planning Board adopted the Planned Development Amendment on June 10, 2019 that established the allowable building envelope on the lot. Planned Development Amendments do not expire and both the permanent facility and the proposed interim facility comply with the approved building envelope. No further action is needed.
• Final Development Plan - The Harbor Bay Business Park Planned Development requires that every parcel receive approval of a Final Development Plan for the site plan and landscaping of the proposed project. The Planning Board approved the project’s Final Development Plan on June 10, 2019. The Final Development Plan approval expired on June 10, 2021 and requires re-approval by the Planning Board.
• Use Permit - The use permit approving the indoor animal shelter, limited outdoor dog runs, and veterinary services was approved by the Planning Board on January 27, 2020. The Planning Board established several operational conditions of approval to address off-site noise and sanitation impacts. In January 2022 the Zoning Administrator issued a 2-year extension which expired on January 27, 2024. Since use permits are only allowed a single two-year extension and since building permits have not yet been issued and construction has not yet begun, the conditional use permit requires re-approval by the Planning Board.
• Design Review - The Planning Board originally approved Design Review for the project on June 10, 2019. At the end of 2021 the applicant submitted an amended Design Review application which reduced the size of the second floor, changed exterior building materials and window types, and eliminated a rooftop vestibule and dog run. The Planning Board approved the Design Review amendment on June 13, 2022. This entitlement is valid until June 13, 2024, unless building permits have been issued and substantial construction activities have begun prior to that date; otherwise the applicant can request a one-time 2-year extension to June 13, 2026. The staff report and approved plans can be accessed online at: <https://alameda.legistar.com/LegislationDetail.aspx?ID=5670806&GUID=28C71BC7-F857-46CC-BFF9-A74A39F8CFEE&Options=&Search>=
As will be discussed below, the applicant has an immediate need for an interim facility to conduct veterinary care of shelter animals while fundraising and re-permitting of the permanent facility continues. The applicant is proposing an interim facility composed of modified shipping containers, which requires Design Review approval by the Planning Board.
Use Permit
Per Alameda Municipal Code (AMC) Section 30-4.10(c), animal shelters and veterinary facilities require the approval of a use permit. When previously approved in January 2020 the Planning Board imposed several conditions of approval to address noise and sanitation impacts. Staff recommends approval of the conditional use permit subject to the same conditions, which include:
• Supervision Required: The use of any outdoor run shall be under the supervision of animal shelter staff at all times, at a ratio of one animal shelter staff member per animal. The applicant will make reasonable efforts to reduce noise disturbances as defined by applicable law, from prolonged or excessive barking, including removal of dogs from outdoor runs within a reasonable time.
• Animal Run Limits: There shall be no more than four (4) dogs in the ground level animal run at any given time.
• Sanitation: Animal shelter staff shall make reasonable efforts to promptly clean up and properly dispose of animal waste in any outdoor area onsite to avoid odor nuisances and unsanitary conditions.
• Leash Requirement: Supervised and unleashed activity shall only be permitted between 8am and 8pm, and animals shall be leashed and supervised when outdoors at all other times.
• Noise Ordinance: The applicant shall ensure that all operations are conducted in conformance with the Noise Ordinance, AMC Chapter 4, Article II.
• Compliance with All Applicable Laws: The approved uses are subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
Final Development Plan
Per the Harbor Bay Business Park Master Plan approved through Resolution 1203, every property within the business park requires the approval of a Final Development Plan. The purpose of the Final Development Plan is to establish the site layout for the subject property, including elements such as the size and location of the building footprint, parking layout, and on-site landscaping. The project’s previous Final Development Plan approval has expired and needs to be re-approved. The proposed interim facility is consistent with the previously approved Final Development Plan, therefore staff recommends the Planning Board re-approve the Final Development Plan.
Design Review for Interim Facility
Due to the COVID-19 pandemic, fundraising for the facility was severely delayed and has required FAAS to adjust their project scope and timeline. It is expected that significant fundraising efforts will be required before the permanent facility can be constructed and operational. Meanwhile, there is an immediate and dire need for veterinary services. With no on-site veterinary facilities at their current location on Fortmann Way, FAAS staff must travel with animals to facilities as far as Livermore on a weekly basis to obtain spay and neutering services. At the same time FAAS, as well as other shelters and rescue organizations in the region, are experiencing a sharp rise in the number of dogs and cats in their care that require essential veterinary services, notably spay and neutering services. FAAS is in immediate need of a more easily accessible facility to enable FAAS to provide their important animal shelter services for the community.
The applicant is seeking design review for a temporary facility made with repurposed shipping containers that can quickly be erected on-site (Exhibit 1). The containers will be located entirely within the footprint of the previously approved building and will consist of a series of eight foot (8’) by twenty foot (20’) and eight foot (8’) by forty foot (40’) containers, totaling approximately 1,920 square feet of floor area. The containers will be placed in two parallel rows on a North-South axis approximately ten feet (10’) apart with a metal roof between containers at the north end of the building and an approximately 520 square foot court covered by a fabric awning at the south end of the building. Additional fabric awnings will be placed between the facility and street frontage, also located within the footprint of the previously approved building. The proposed interim facility is consistent with the previously approved Final Development Plan.
Conclusion
To establish veterinary services as quickly as possible FAAS requests the following:
• Re-approval of a use permit for an animal shelter and veterinary services for shelter animals.
• Re-approval of a Final Development Plan for the overall site layout.
• Approval of Design Review for an interim facility.
The Design Review for the interim facility along with the Use Permit and Final Development Plan will become vested once construction begins on the interim facility. As stated above, the Design Review approvals for the permanent facility approved in June 2022 can be extended until June 2026. That Design Review approval will expire if building permits have not yet been issued and substantial construction has not yet begun prior to June 2026, in which case re-approval will be required by the Planning Board.
PUBLIC NOTICE
This agenda item was advertised in the Alameda Journal and public notices were mailed to property owners and residents/tenants within 300 feet of the project site and posted on-site as required by the Alameda Municipal Code. No public comments have been received as of the writing of this staff report.
ENVIRONMENTAL REVIEW
This project is categorically exempt from additional environmental review pursuant to CEQA Guidelines Sections 15332 - Infill development.
RECOMMENDATION
Staff recommends the Planning Board hold a public hearing and approve Final Development Plan, Use Permit and Design Review PLN21-0560 per findings in the draft resolution (Exhibit 2).
Respectfully Submitted,
Steven Buckley, Planning Services Manager
By,
David Sablan, Planner II
Exhibits:
1. Plans
2. Draft Resolution