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CC RESOLUTION 4144RESOLUTION NO. 4144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT — 487 (EA -487) AND CONDITIONAL USE PERMIT 99 -3 (CUP 99 -3) TO ALLOW THE OPERATION OF A KENNEL FACILITY AT 202 ILLINOIS STREET, #B. PETITIONED BY: JOHN CORRALES, GRATEFUL DOGS P.D.S., INC. PROPERTY OWNER: STANLEY NOVAK. WHEREAS, on June 10, 1999, an application was received from John Corrales of Grateful Dogs P.D.S., Inc. requesting approval of an Environmental Assessment and Conditional Use Permit in the Medium Manufacturing (MM) Zone to allow kennel (overnight boarding) operations at an existing indoor dog day care facility; WHEREAS, an inter - Departmental correspondence has been prepared and circulated along with the application and initial study for the proposed use for inter- departmental comments; WHEREAS, Environmental Assessment EA -487, including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed use, has been prepared and circulated to all interested parties and staff for review and comment in the time and manner prescribed by law; WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); WHEREAS, on October 28, 1999, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form, and manner prescribed by law and at that meeting, the Planning Commission adopted Resolution No. 2456 recommending approval to the City Council of the Conditional Use Permit and Environmental Assessment for the kennel operations; WHEREAS, on November 16, 1999, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the City Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form, and manner prescribed by law; WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -487 and Conditional Use Permit CUP 99- 3; and, RESOLUTION NO. 414 4 APPROVING EA -487 and CUP 99 -3 1111/99 12:00 p.m. PAGE NO. 1 WHEREAS, at said hearings the following facts were established: 1. The applicant is proposing to expand the existing use of the site as an indoor dog day care facility to include kennel (overnight boarding) operations. 2. The project site is an existing indoor dog day care comprised of approximately 4,000 square feet of indoor dog day care, including six (6) suites for the proposed kennel. The site can accommodate approximately six (6) vehicles in the driveway. 3. The dog day care facility watches a maximum of 30 to 35 dogs per day, and proposes to board a maximum of eight dogs per night. The hours of the operation for the day care are from 8:00 a.m. to 5:00 p.m., daily. It is anticipated that the average length of stay for the overnight kennel operations would be between four and five nights. 4. The outdoor area of the facility is anticipated to be used on an as- needed basis, for approximately two to three hours at a time, once or twice a day. For dogs that will be kept overnight in the kennel facility, an additional outdoor "play time" may be incorporated in the evening, but will cease no later than 9:00 p.m. 5. The surrounding area is currently developed with a research and development and light industrial company to the north, the City's Maintenance yard to the south, a nursery to the east, and a wholesale company to the west. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment EA -487 and Conditional Use Permit CUP 99 -3, the City Council makes the following findings and approves EA -487 and CUP 99 -3, ENVIRONMENTAL ASSESSMENT An Initial Study was prepared for the project which identified potential impacts on air, noise, land use, natural resources, risk of upset, and transportation/ circulation. Completion of this study revealed that the proposed project will not have a significant, adverse effect on the environment. Pursuant to the requirements of the California Environmental Quality Act (CEQA) a Negative Declaration of Environmental Impacts was prepared; 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, 3. That the City Council hereby authorized the Interim Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee RESOLUTION NO. 4144 APPROVING EA -487 and CUP 99 -3 1111199 12:00 p.m. PAGE NO. 2 Exemption and De Minimus finding pursuant to California Assembly Bill (AB) No. 3158 and the California Code of Regulations. Within ten (10) days of this approval, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles, for the filing of this certificate along with the required Notice of Determination of Negative Declaration. As approved in AB No. 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices are filed with the County. GENERAL PLAN CONSISTENCY 1. That the proposed use is consistent with the existing General Plan Land Use Designation of Smoky Hollow Mixed Use. CONDITIONAL USE PERMIT 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Code and the purposes of the zone in which the site is located (the MM Zone). The use is consistent with the objectives of the Zoning Code and the purposes of the MM Zone, provided approval of a CUP is obtained. The purpose of the MM Zone is to provide the opportunity for industrial and manufacturing uses. Although the use is not industrial or manufacturing, it has no adverse effects on these types of uses and is compatible with the existing use on the site. Additionally, the project site is located within the Smoky Hollow area of the City, as defined by the General Plan, which promotes a variety of land uses. The type of use proposed is relatively unique in that there is a small number of this type of facility in the area. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Because the site is currently operating as an indoor dog day care facility, expanding the operations to include overnight boarding would not be expected to cause any further impacts if the conditions of approval are met. Such conditions are expected to adequately address any concerns related to health, safety, welfare, and injury to properties and improvements in the vicinity of the facility. Additionally, the project as proposed will not increase the maximum number of dogs using the facilities, and the operational characteristics will ensure that there will not be impacts. 3. That the proposed conditional use will comply with each of the applicable provisions of Chapter 20.74. By obtaining approval of the use of the site for kennel operations by the City Council (with prior recommendation from the Planning Commission), the facility will operate in compliance with the applicable provisions of the Zoning Code. RESOLUTION NO. 4144 APPROVING EA -487 and CUP 99 -3 11/1/99 12:00 p.m. PAGE NO. 3 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA -487 and Conditional Use Permit CUP 99 -3, subject to the following conditions: 1. Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for City Council review and approval of the proposed modification. 2. After final approval by the City Council, the applicant shall contact Animal Control to perform a site inspection and obtain the required licensing from Animal Control. A copy of the approval from Animal Control shall be submitted to the Planning Division prior to operation of the facility, issuance of a business license, or within 30 days from the approval of the project, whichever is sooner. 3. Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time fire services mitigation fee of fourteen (14) cents per gross square foot of building floor area. 4. Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time library services mitigation fee of three (3) cents per gross square foot of building floor area. 5. Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay a one -time police services mitigation fee of eleven (11) cents per gross square foot of building floor area. 6. Prior to the issuance of a permit or business license, or within 30 days from the approval of this project, whichever is sooner, the applicant shall pay the required Traffic Mitigation Fee as determined by the Public Works Director. 7. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents, and employees from and against any and all claims, actions, causes of action, proceedings, or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -487 and Conditional Use Permit CUP 99 -3. RESOLUTION NO 414 4 APPROVING EA -487 and CUP 99 -3 11/1/99 12:00 p.m. PAGE NO.4 BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, the decision of the City Council as set forth in this Resolution shall become final and effective ten (10) calendar days after the date of the City Council action, unless an appeal in writing is filed with the City Council. PASSED, APPROVED AND ADOPTED this 16th day of November, 1999. 1 6ei Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the forgoing Resolution No. 4144 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 16th day of November, 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell NOES: None ABSENT: wernick ABSTAIN: None Ci dy Mo s n, W Clerk APPROVED AS TO FORM: mark D. H s e ,City Attorney RESOLUTION NO. 4144 APPROVING EA -487 and CUP 99 -3 1111/99 12:00 p.m. PAGE NO. 5