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CC RESOLUTION 4159RESOLUTION NO. 4159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. 500 (EA -500) AND CONDITIONAL USE PERMIT NO. 99 -813 (CUP NO 99 -813) TO ALLOW THE OPERATION OF AN OVERNIGHT KENNEL FACILITY AT 129 ARENA STREET. PETITIONED BY: CATHERINE MOORE, HOWIE'S PET SITTING AND DOGGIE DAY CARE. PROPERTY OWNER: MAJOR AVIGNON. WHEREAS, on September 28, 1999, an application was received from Catherine Moore of Howie's Doggie Day Care, requesting approval of an Environmental Assessment and Conditional Use Permit in the Small Business (SB) Zone to allow outdoor day care and kennel (overnight boarding) operations at an existing indoor dog day care facility located at 129 Arena Street; WHEREAS, an Inter - Departmental correspondence was prepared and circulated along with the application and Draft Initial Study for the proposed use for soliciting Inter - Departmental comments; WHEREAS, Environmental Assessment EA -500, 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 February 24, 2000, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter and notice of the public hearing was given the time, form, and manner prescribed by law; WHEREAS, at the February 24, 2000 meeting, the Planning Commission approved CUP No. 99 -8A, which allowed limited outdoor dog day care and recommended that the City Council approve Conditional Use Permit CUP No. 99 -813 for overnight kennel operations; WHEREAS, on April 4, 2000, the City Council voted to continue the item to the April 18, 2000 meeting date, at which time the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the City Council Chamber of the City i i RESOLUTION NO. 4159 APPROVING EA -500 and CUP 99 -8B 03/16/00 12:00 p.m. PAGE NO. 1 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 -500 and Conditional Use Permit CUP No. 99 -813; and, WHEREAS, at said hearings the following facts were 1. The applicant is proposing to expand the existing use of the site as an indoor and outdoor dog day care facility to include kennel (overnight boarding) operations. 2. The project site is an existing indoor /outdoor dog day care comprised of approximately 4,000 square feet of indoor /outdoor dog day care. The site can accommodate approximately three vehicles along the front of the building, which satisfies the City's parking requirement. 3. The dog day care facility looks after a maximum of 25 dogs per day, and proposes to board a maximum of 20 dogs per night. The day care hours of operation are from 7:00 a.m. to 8:00 p.m., daily. The hours of operation for the overnight kennel operations will be from 6:00 p.m. through 7:00 a.m., Monday through Sunday. It is anticipated that the length of stay for the overnight kennel operations will be anywhere from one night to two weeks. 4. The outdoor area of the facility will be used two times a day for two hours in the morning from 9:00 AM to 11:00 AM, and four hours in the afternoon from 1:30 PM to 5:30 PM, Monday through Sunday. 5. The surrounding area is zoned for (SB) Small Business. An audio /video equipment business is located to the north of the project site and manufacturing uses are located to the south and east of the project site. A parking lot exists on the west side, across the alley to the rear of the property and is owned by a nearby manufacturing business. 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 -500 and Conditional Use Permit CUP No. 998B, the City Council makes the following findings and approves EA -500 and CUP No. 99 -813, ENVIRONMENTAL ASSESSMENT 1. 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 would not have a significant, adverse effect on the environment. Pursuant to the 4159 RESOLUTION NO. APPROVING EA -500 and CUP 99 -8B 03/16/00 12:00 p.m. PAGE NO. 2 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! on which the wildlife depends, because the project is in a built -out urban environment; and, 3. That the City Council hereby authorizes the Director of Community,, Economic, and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Minimus finding pursuant to California Assembly Bill (AB) No. 3158 and the California Code of Regulations. Within twenty -four hours 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 SB Zone). The use is consistent with the objectives of the Zoning Code and the purposes of the SB Zone. The purpose of the SB Zone is to perpetuate the existence of small business and incubator industrial user in the Smokey Hollow area. 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. A small number of dog day care facilities with overnight boarding exist in this area, making this proposal consistent with the goal of the Smoky ,Hollow area and past Planning Commission and City Council decisions. 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 /outdoor 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 RESOLUTION NO. 4159 APPROVING EA -500 and CUP 99 -813 03/16100 12:00 p.m. PAGE NO. 3 health, safety, welfare, and injury to properties and improvements in the vicinity of the facility. Additionally, the project as proposed would not increase the maximum number of dogs using the facility, 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council approves Environmental Assessment EA -500 and Conditional Use Permit CUP No. 99- 8B, subject to the following conditions: 1. Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic, and Development Services for a determination regarding the need for City Council review and approval of the proposed modification. 2. All on -site parking shall be re- striped for a minimum of one handicapped and two standard size vehicle parking spaces along the building frontage in accordance with Section 20.54.030 (D) of the Zoning Code. 3. All dogs staying overnight shall be kept indoors with a maximum occupancy of twenty dogs per night. The pick -up times for dogs at the overnight kennel operation shall be from 7:00 AM to 8:00 PM, Monday through Sunday. 4. All dogs shall be kept indoors during inclement weather. 5. All feces shall be collected in sod boxes and disposed of in sealed trash containers, on a daily basis. All areas shall be kept clean and odors controlled. 6. 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.. 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 -500 and Conditional Use Permit CUP No. 99 -813. RESOLUTION NO. 4159 APPROVING EA -500 and CUP 99 -813 03/16/00 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 18th day of April, 2000. ike 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. 4159 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 18th day of April, 2000, and the same was so, passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: None ABSTAIN: None i 5 dy Mo ` s ' , y Clerk APPROVED AS TO FORM: 4' ark D. H6ii ley, 'ty Attorney RESOLUTION NO. 4159 APPROVING EA -500 and CUP 99 -8B 03/16100 12:00 p.m. PAGE NO. 5