Title
PLN18-0562 - 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 that will include indoor boarding for up to 34 animals, two supervised outdoor animal runs, administrative offices, and community events, in a new, 12,000-square-foot building on a 0.45 acre parcel. Pursuant to Alameda Municipal Code Section 30-4.10.c, animal shelters with supervised outdoor runs require the approval of a use permit when located within 200 feet of any residential district. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15332 (Infill Development) and 15183 (projects consistent with General Plan and Zoning).
Body
To: Honorable President and
Members of the Planning Board
From: David Sablan, Planner II
Date: January 27, 2020
BACKGROUND
On June 10, 2019, the Planning Board approved a Final Development Plan and Design Review to allow the Friends of the Alameda Animal Shelter (FAAS) to build a 12,000 square foot two-story building on a vacant 0.45 acre parcel located at 2331 North Loop Road. The project site is located in the Harbor Bay Business Park, bordering a single-family residential neighborhood in the R-1-PD (One-Family Residence, Planned Development) zoning district. The property shares its rear property line with four residential properties. Due to the irregular shape of the property and an existing easement, on the same date, the Planning Board approved a Planned Development Amendment to establish new development standards specifically for the project site.
As part of the approval of the FAAS site, the Planning Board also recommended approval of a Zoning Text Amendment (ZTA) to allow animal shelters and supervised outdoor runs within two hundred feet (200’) of any residential district as conditionally-permitted uses in the C-M (Commercial-Manufacturing) Zoning District. Board discussion of the ZTA centered on interactions between residential properties and proposed animal shelters. The Board agreed with staff’s recommendation that dog runs shall be supervised and only then allowed under the approval of a Use Permit. To further protect residences, the Board recommended a provision that limits unleashed outdoor dog activity between the hours of 8:00 A.M. and 8:00 P.M. and requires animals be leashed and supervised while outdoors during all other hours. With the Planning Board’s recommendation, the City Council held a public hearing on July 16, 2019 and adopted the ZTA on September 3, 2019 (Ordinance No. 3248) without any public opposition. The ordinance adopting the ZTA went into effect on October 3, 2019.
On October 21, 2019, the Zoning Administrator held a public hearing to consider an Administrative Use Permit to allow FAAS to operate an animal shelter with supervised outdoor dog runs pursuant to Alameda Municipal Code (AMC) Section 30-4.10.c. At the hearing several homeowners abutting the project, some whose rear yards are directly adjacent to the ground floor animal run, voiced their opposition to the proposed supervised outdoor dog runs, particularly over noise and odors. Due to their concerns, the Zoning Administrator referred the application to the Planning Board under the procedures set forth in AMC Section 30-21.4.a.
DISCUSSION
FAAS proposes to use the approved 12,000-square-foot building as an animal shelter that will include indoor boarding, administrative offices, and two supervised outdoor dog runs (Exhibit 1). Animals at this facility have been screened and deemed ready for adoption. The building will have a capacity to board up to 34 animals, with space for 14 dogs, 10 cats and 10 rabbits. Outdoor use will be limited to two dog runs and conducted under the supervision of FAAS staff at all times. The first proposed dog run is a small 355-square-foot area on the roof of the building and the second is an approximately 1,700-square-foot area at ground level in the northern corner of the property. This ground level dog run abuts single-family homes on the opposite side. FAAS anticipates allowing no more than three dogs in each of the two outdoor runs (for a maximum of six dogs at any given time). Veterinary services will be available onsite for the animals, but this service is not offered to the general public.
Under AMC Section 30-4.10 the City may conditionally approve the proposed use after a review of any potential noise and odor generation. Staff worked with FAAS to create the following measures to address the neighbors’ noise and odor concerns:
1. Indoor Boarding: All boarding of animals will be indoors. The building will be constructed to insulate building occupants from nearby airport noise. This sound insulation is expected to provide a benefit of ensuring that noises from the inside of the building will be kept at a reasonable volume.
2. Three-Dog Limit: No more than three dogs will be allowed in each of the two dog runs at any single time. This limitation is based on an existing law (AMC Section 7-3.7) that limits the number of dogs on residential properties to no more than three dogs. Although the limitation does not apply to the project, FAAS has agreed to limit use of each of the outdoor dog runs to three dogs at a time, making the use of each dog run consistent with what is permitted at any residential property in the City.
3. Supervision Required: The dog runs will be supervised, as required by the AMC, and FAAS staff 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.
4. Sanitation: FAAS will 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.
5. Leash Required: Unleashed activity shall only be permitted between 8:00 A.M. to 8:00 P.M., and animals shall be leashed and supervised when outdoors at all other times.
Conclusion:
As conditioned, the project will have adequate measures in place to minimize any noise or odor nuisances to adjacent properties. Animal boarding will take place entirely inside the building, which will include extensive soundproofing to insulate building occupants from airport noise, which is expected to help ensure that noises from the inside of the building will be kept at a reasonable volume. In addition, use of both outdoor runs will be limited to a maximum of three dogs at a time so the number of dogs allowed on each dog run is limited to what is currently permissible on residential properties under Alameda law. Additionally, the use of the outdoor dog runs will always be supervised to address prolonged or excessive dog barking and cleanup of the area. Based on these factors staff believe that the project includes sufficient conditions of approval that limit noise, odor, and other adverse impacts on the surrounding neighborhood.
PUBLIC NOTICE
FAAS has conducted an extensive public outreach program for the past year to inform and discuss with neighboring property owners of their proposed facility (Exhibit 2). The City published an advertisement in the Alameda Sun and mailed public notices to property owners and occupants within 300’ of the project site for the project’s three previous public hearings. Current public notice for this use permit also followed legal requirements for a newspaper advertisement and distribution of a public notice to property owners and occupants within 300 feet.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 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).
RECOMMENDATION
Adopt the Draft Resolution (Exhibit 3) to approve a Use Permit for an indoor animal shelter with two supervised outdoor animal runs.
Reviewed By,
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Project Plans
2. Timeline of FAAS Outreach
3. Draft Resolution