Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Section 30-2.B (Zoning Regulations) to Define “Animal Shelter” and Section 30-4.10 (Zoning Regulations) to Add Animal Shelter and Supervised Outdoor Animal Runs as Uses Requiring a Use Permit within the C-M (Commercial Manufacturing) Zoning District. (Planning, Building and Transportation 481005)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On June 10, 2019, the Planning Board voted unanimously to approve a Final Development Plan and Design Review for a new facility for Friends of Alameda Animal Shelter (FAAS) at 2331 North Loop Road, which is in the C-M (Commercial Manufacturing) Zoning District. As part of their approval, the Planning Board recommended the City Council approve a Zoning Text Amendment that would define the term “animal shelter” and modify the restrictions on animal related land uses located within 200 feet of residential zones. The proposed amendments would allow FAAS to obtain a use permit to operate an animal shelter with outdoor dog runs at the approved building at 2331 North Loop Road, which abuts single family homes to the west.
BACKGROUND
Currently the C-M (Commercial Manufacturing) Zoning District permits by right veterinary clinics and hospitals, animal kennels, shelters and pounds when they are located more than 200 feet from residential zones. Veterinary clinics and hospitals within 200 feet of residential zones may be approved through a use permit; however, animal kennels, shelters or pounds within 200 feet of residential zones are prohibited.
DISCUSSION
The C-M Zoning District will need to be amended in order for FAAS to utilize their property at 2331 North Loop Road as an animal shelter with outdoor dog runs. The Planning Board and staff recommend a Zoning Text Amendment that would allow indoor animal shelters and supervised outdoor runs with the approval of a use permit in the C-M zoning district. The use permit process will allow the City of Alameda (City) to review proposals to ensure FAAS provides adequate soundproofing and air ventilation, so the indoor animal shelter will minimize noise and odor nuisances on nearby homes, and prolonged or excessive noise and odor resulting from the operation of the outdoor runs. Additionally, the Alameda Municipal Code (AMC) provides for the subsequent review of approved use permits and possibility of revocation of a use permit when warranted with documented violations of conditions and to modify or revoke use permits as warranted. With these provisions in place, animal shelters with supervised outdoor runs could be operated near residential zones with the threat of nuisances minimized.
Planning Board and staff recommend the following Zoning Text Amendments:
1. Add a definition for the term “Animal Shelter” in the Definitions section (AMC 30-2), that reads as follows:
“Animal shelter shall mean a facility operated for the purpose of impounding or caring for seized, stray, distressed, homeless, abandoned, or unwanted animals.”
2. Clarify uses permitted in the C-M zoning district (AMC 30-4.10.b.2.ii) by removing the undefined term “pound” and leaving the newly defined animal shelters.
“Veterinary clinics, veterinary hospitals, animal kennels, or animal shelters, or pounds, provided that no such use shall be located within two hundred (200′) feet of any R District unless allowed under a Use Permit and provided, further, that all outside pens or runs shall be screened from all adjacent lots and streets by solid fences or walls no less than six (6′) feet in height…”
3. Add animal shelters and supervised outdoor runs to Uses Requiring Use Permits in the C-M zone by amending AMC 30-4.10.c.3., as follows:
“3. Veterinary clinics and/or, veterinary hospitals, kennels, or animal shelters. Such uses may be allowed within two hundred (200′) feet of any R District only upon a finding by the Planning Board 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…”
ALTERNATIVES
• Introduction of a Planning Board recommended Ordinance to amend Section 30-2.b of the Alameda Municipal Code (Zoning Regulations) to define “animal shelter” and Section 30-4.10 of the Alameda Municipal Code (Zoning Regulations) to add animal shelter and supervised outdoor animal runs as uses requiring a use permit within the C-M (Commercial Manufacturing) Zoning District.
• Don’t adopt the Zoning Text Amendment. If FAAS would be unable to use the approved building at 2331 North Loop Road as an indoor animal shelter and would not be able to use outdoor areas on the property for supervised dog runs.
FINANCIAL IMPACT
There is no financial impact from the proposed Zoning Text Amendment.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed ordinance amends the Definitions section of the Zoning Ordinance (AMC Section 30-2) to add a definition of the term “animal shelter”, amends the C-M (Commercial Manufacturing) section of the Zoning Ordinance (AMC Section 30-4.10) to remove the undefined term “pound” from the list of permitted uses, and adds animal shelters and supervised outdoor runs as a conditionally permitted use. This action is consistent with Policy SN-55 of the General Plan Safety and Noise Element, which encourages the City to 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.
ENVIRONMENTAL REVIEW
This proposal is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305, Minor Alterations to Land Use Limitations, and 15061(b)(3) (general rule, where it can be seen with certainty that the proposal does not have a significant effect on the environment).
CLIMATE IMPACTS
This Zoning Text Amendment does not have any climate impacts.
RECOMMENDATION
Hold a public hearing to consider introduction of Ordinance amending Alameda Municipal Code section 30-2.B (Zoning Regulations) to define “Animal Shelter” and section 30-4.10 (Zoning Regulations) to add animal shelter and supervised outdoor animal runs as uses requiring a use permit within the C-M (Commercial Manufacturing) zoning district
CITY MANAGER RECOMMENDATION
The City Manager recommends introduction of a Planning Board recommended Ordinance to amend Section 30-2 b of the Alameda Municipal Code to add animal shelter and supervised outdoor animal runs as uses requiring a use permit within the Commercial Manufacturing Zoning District.
Respectfully submitted,
Andrew Thomas, Acting Planning, Building, and Transportation Director
By,
David Sablan, Planner II
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. June 10, 2019 Planning Board Report and Exhibit 1
cc: Eric Levitt, City Manager