HomeMy WebLinkAbout5.0_FONBAS Animal Shelter_PA2020-349
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 4, 2021 Agenda Item No. 5 SUBJECT: FONBAS Animal Shelter (PA2020-349)
Conditional Use Permit No. UP2020-193 SITE LOCATION: 20282 Riverside Drive APPLICANT / OWNER: Friends of Newport Beach Animal Shelter (FONBAS)
PLANNER: Patrick Achis, Assistant Planner 949-644-3237, pachis@newportbeach.gov
PROJECT SUMMARY
A conditional use permit to demolish an existing residential kennel and construct a new
public animal shelter for cats and dogs. Project implementation would result in a 1,565-square-foot, single-story shelter and a 755-square-foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated “no-kill” shelter. If approved, the applicant proposes
to donate the property and improvements to the City of Newport Beach to be operated by
the Newport Beach Police Department Animal Control Division as the City’s permanent animal shelter. RECOMMENDATION
1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19
of Chapter 3, Guidelines for Implementation of the California Environmental Quality
Act) under Class 3 (New Construction or Conversion of Small Structures) and that the exceptions to the Class 3 exemption do not apply; and 3) Adopt Resolution No. PC2021-006 finding the proposed animal shelter consistent
with the purpose and intent of the RK (Residential Kennel) zoning district of the Santa
Ana Heights Specific Area Plan (SP-7) and approving Conditional Use Permit No. UP2020-193 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Single-Unit Residential Detached (RS-D)
Santa Ana Heights Specific Plan - Residential Kennel (SP-7/RK) Residential Kennel
NORTH, SOUTH and WEST RS-D SP-7/RK Single-family residences and commercial kennels
EAST RS-D
Santa Ana Heights Specific Plan – Residential Single-Family/ Commercial Nursery Overlay (N)
Single-family residences and
commercial nurseries
Subject Property
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INTRODUCTION
Project Setting The project site is located in the westernmost portion of the Santa Ana Heights Specific
Plan area with Orchard Drive to the north and Irvine Avenue to the east. The property is generally flat and rectangular with a 60-foot width and a 135-foot depth, totaling 8,100 square feet in area. The site was originally developed in 1955, and currently contains a 1,327-square-foot single-family residence with commercial kennel facilities (i.e., a “residential kennel”). The adjacent property to the north is a single-family residence. To
the east, the property is a single-family residence within the commercial nursery overlay. Adjacent properties to the south and west are developed as residential kennels.
A Neighborhood of Residential Kennels
On March 11, 2003, City Council directed staff to initiate the process to annex the subject area as part of West Santa Ana Heights from the County and the annexation became effective on January 1, 2008. The City adopted zoning regulations reflective of the County’s Sant a Ana Heights Specific Area Plan with little or no change. The entire cul-de-sac of Riverside Drive southward of Orchard Avenue was designated Residential
Kennel (RK) at the time, which is consistent with the current zoning. The SP-7 RK District is intended to develop and maintain a neighborhood which includes residential kennels. Residential kennels maintain a single-family residence while operating a commercial kennel business0F1 on-site. There are presently 12 commercial
kennels operating in the district out of a total of 18 lots. The commercial kennel aspect of
these properties function similarly to a typical business. They have hours of operation, public customers who visit to drop off and pick up animals, and employees for administration and animal keeping. Development standards for residential kennels include compliance with public accessibility and off-street customer parking requirements
as well. The proposed project is a public animal shelter that does not provide a single-
family residence. However, as outlined in the discussion below, the project is thought to be consistent with the existing neighborhood and can be found to be in keeping with the SP-7 RK District’s intent and purpose.
Animal Shelter Background
The City has never had a permanent public animal shelter. Throughout the years, animal shelter services have been contracted out by the City to various providers. In late 2015, the end of Animal Control’s contract with the Orange County Humane Society put new
attention on finding a permanent solution for a City-operated animal shelter. In 2016, the
City Council authorized a lease to allow the Animal Control to temporarily use an existing
1 A commercial kennel is defined as a place where dogs and cats are treated, conditioned, boarded, raised, or offered for sale for any form of compensation.
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residential kennel on Riverside Drive as a public shelter. Animal Control operates at that location today (20302 Riverside Drive), which is two properties southwest of the subject property. Friends of Newport Beach Animal Shelter (FONBAS)
The Applicant, Friends of Newport Beach Animal Shelter (FONBAS), has been an advocate of lost and stray animals in Newport Beach. Since its founding in 2017, FONBAS has helped supplement the funding of special medical procedures and equipment for the City’s Animal Control services. Central to the organization’s mission is establishing a
permanent animal shelter in the City. FONBAS believes in the advantages and comfort a permanent shelter could provide these animals in need and the families who adopt them. In 2019, a capital campaign was launched by the organization to raise funds for a shelter. To date, over $2.5 million in private donations has been raised by FONBAS to cover all the related land acquisition and construction costs. Once constructed, the shelter is
proposed to be donated to the City to be operated by Newport Beach Police Department (NBPD) Animal Control Division as the City’s first permanent animal shelter. Project Description
The Applicant requests approval of a conditional use permit to operate an animal shelter
for dogs and cats at the subject property. All existing on-site improvements, including the residence and kennels, will be demolished and replaced with the following improvements: 1. An approximately 1565-square-foot single-story facility and 755-square-foot
kennel accessory structure for up to 29 dogs;
2. Four surface parking spaces in the front yard, compliant with the requirements of the State disabled access requirements; 3. New gates and fencing within the front for a meet and greet area and the rear yard area to create a secure exercise area;
4. Adequate drainage and disposal of natural precipitation and control of animal
wastes; and 5. All other improvements as required by the Municipal Code and California Building Code. Cats and dogs will be housed in two separate buildings.
As proposed, the shelter will be open Saturday and Sunday from 11 a.m. to 3 p.m. and
Monday to Friday by appointment only. Under rare circumstances, staff may work late hours (after 11 p.m.) to care for sick or young animals. Security and monitoring of the facility will occur at all times and the NBPD may be contacted at all times to address any nuisances should they occur. During business hours, the shelter would be staffed with
one Animal Control Officer and two Community Services officers. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated “no-kill” shelter. The facility would not operate as a veterinary clinic nor will medical services be provided to the public. Additional project description information
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provided by the applicant is attached for reference (Attachment No. PC 2). Project plans are available as Attachment No. PC 4. Analysis
General Plan
The subject property is located within the Single-Unit Residential Detached (RS-D) designation of the General Plan Land Use Element. The RS-D designation applies to a range of detached single-family residential dwelling units on a single legal lot and does
not include multi-unit development, condominiums, or cooperative housing.
Although the project would not provide a residential use, a public animal shelter use would exist in harmony with the neighborhood. The SP-7 RK District is unlike any other residential zone in Newport Beach because it allows for the hybrid use of a residence and
kennel business on the same site. The kennel business aspect functions essentially the
same as the proposed animal shelter. Residential kennels may retain employees to work on the property and are open during business hours to the public who visit to pick up and drop off animals. Some residential kennels are allowed to board up to 59 dogs at a time. Within the RK District's context, the proposed public animal shelter is a fitting complement
by maintaining a visual and operational character that resembles other residential kennel
uses. The project’s one-story facility matches the scale and architecture of structures in the RK-district and would not create a conflict with the residential neighborhood. Conditions of
approval would help form consistency with residential kennels in limiting the hours of operation to 8 a.m. to 7 p.m. daily and on-site employees to no more than three at one time. The project is also conditioned to permit the sheltering of up to 29 dogs, which is significantly fewer than the 59 dogs of some residential kennels. Customer traffic is not expected to generate pedestrian or vehicular traffic in excess of that existing in the
neighborhood. NBPD Animal Control offers an online listing of animals available for adoption updated in real time and has a robust social media presence. NBPD Animal Control would encourage appointment-based visits and that customers research the animals before arriving to the shelter. The City’s temporary shelter located at 20302 Riverside Drive, two sites south of the proposed project site, operates in a similar fashion
to the proposed project and has not been the subject of complaints or issues. Adherence with conditions of approval, code requirements, and kennel standards will help ensure the project is compatible with residential uses and prevent possible disturbances and annoyances to those residing in the area. Please see below summary of the project’s compliance with general plan policies.
Land Use Policies Policy LU2.2. Sustainable and Complete Community. The project emphasizes a use that enables Newport Beach to continue as a self-sustaining community. The
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animal shelter minimizes the need for residents to travel outside of the community to look for non-profit animal services. NBPD Animal Control will operate the facility as the City’s first and only permanent public animal shelter. Policies LU 6.1.1 and 6.1.2. Adequate Community Supporting Uses and
Siting of Development. The project provides new public infrastructure in the form of a public animal shelter to serve the needs of Newport Beach’s residents and businesses. The development would provide a permanent accommodation for the NBPD Animal Control whose current location is on a temporary basis. The project design will integrate well with the existing residential kennel neighborhood.
Additionally, the shelter will enhance Animal Control’s service capabilities with sizable and customized areas for animal containment and care, administrative offices, animal grooming and meal preparation, and meet-and-greet yards. Policy LU 6.1.3 Architecture and Planning that Complements Adjoining Uses.
The project maintains a high visual and architectural quality level. The project is a single-story animal shelter with an architecture, bulk, and scale designed appropriately to blend in with the surrounding area. It preserves the residential character of this unique neighborhood that allows accessory commercial kennels. There are no design features of the project that are detrimental to the residential look
or use of the block. The project design has the appearance of a home and will operate similarly to residential kennels along Riverside Avenue. The front setbacks and other visible areas from the public street will be attractively landscaped and trash containers will be hidden in enclosures. The driveway and parking areas will be visually consistent with adjoining residential kennel operations that have paved
parking areas. Noise Policies Policies N 1.1, 4.1, and 4.7. Noise Compatibility of New Development,
Stationary Noise Sources, and Nuisances. As shown in the submitted acoustical report, the project would adhere to interior and exterior noise standards. Per Condition of Approval No. 15, all noise generated by the project must comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC.
Zoning Code The subject property is located within the Residential Kennel District of the Santa Ana Heights Specific Plan Area (SP-7 RK). The purpose of this Zoning District is to provide
for the development of a neighborhood that maintains single-family residences as the primary uses with accessory commercial kennels. While the project does not contain a residence, the public animal shelter is an associated use of commercial kennels that are allowed in the SP-7 RK district. Per Newport Beach Municipal Code (NBMC) Section 20.90.070(B) (Principal Uses), the Planning Commission may allow any use it finds
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consistent with the purpose and intent of the RK District. The facility is similar to the look and use of other developments along the block and comprises 1,565 square feet of floor area, employs around 3 staff, maintains typical business hours, and shelters no more than 29 dogs.
While not explicitly stated in the SP-7 RK District, other single-family designations in Santa Ana Heights acknowledge that a police station may be consistent with a residential neighborhood subject to Planning Commission approval. The nearest designation that allows police stations is Residential Single-Family District (RSF), which is immediately adjacent to the Property’s rear yard. This further supports that an animal shelter at the
site operated by the NBPD may be found to be consistent within the context of the single-family neighborhood. Because the SP-7 RK District provides for accessory commercial kennels, favorable conditions exist to operate a public animal shelter without adverse impacts to residences. This finding of consistency with the purpose and intent of the RK District is critical to continued processing of this subject application. Without the
determination, the proposed conditional use permit cannot be approved as consistent with the Zoning Code. As indicated, staff believes the proposed use to be consistent with the purpose and intent of the SP-7 RK District. See Figure 1 for existing development context of Riverside Drive and neighboring properties.
Figure 1, an aerial view showing the existing context of the vicinity and residential kennel district (SP-7 RK). Dog graphic denotes an active kennel permit. Note the current use of the subject property is a residential kennel.
RSF with Commercial
Nursery Overlay
Residential Single
Family (RSF)
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Use Permit Findings
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision), the Planning Commission must make the following
findings for approval for a conditional use permit:
1.The use is consistent with the General Plan and any applicable specific plan.
2.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
3.The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4.The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
5.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Neighborhood Consistency
The project will establish a public animal shelter on a block where a majority of the existing development are residential kennels. In fact, 12 out of 16 properties on Riverside Drive are currently permitted with kennel businesses, including the subject property. Although the project does not maintain a residential use, the size and operation of the public animal
shelter would coincide seamlessly into the neighborhood. The project operates similarly
to other commercial kennels that were approved under the County’s jurisdiction and have not proven detrimental in the vicinity. At 1,565 square feet of floor area and one-story tall, the project is not oversized or out of scale with existing development on the block. The project’s architectural materials would promote a character in keeping with
the residential design of the block. Structure walls would be constructed of multi-colored concrete blocks and include vinyl windows. See Figure 2 for an architectural comparison of the project with the neighbor to the south at 20292 Riverside Drive, which also uses concrete blocks in its structure. The project’s standing seam metal roof would be accented by a composite wood fascia along the roofline appearing as a
home. In the front yard, proposed landscaping would soften the parking area with
two olive trees and several planter boxes made up of a mix of low shrubs.
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20292 Riverside Drive
Rendering of the Project
Figure 2 shows a comparison of similar development features between 20292 Riverside Drive (top) and the project (below)
Specific to the design of the project, Zoning Code Section 20.90.070(F) (Residential Kennel District: SP-7 (RK) – Development Standards) lists the required site development standards for kennel facilities. As proposed, the detached kennel building to house the dogs will comply with the locational standards inasmuch as it will not be located within the
right-of-way, within a required setback, nor will it be within the front 50 feet of the property.
The main facility is one-story and complies with setbacks. It includes administrative offices, animal care/enclosures, and grooming areas. Existing access to the site from
Single-story
Block Construction
Wood Trim Front-yard Improvements
Wood Trim Front-yard Improvements
Block Construction
Single-story
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Riverside Drive will not be modified as part of this project rather it will be improved such that it complies with the current standards.
Noise Considerations and Acoustical Study
NBMC Section 20.90.070(G) (Residential Kennel District: SP-7 (RK) – Special
Regulations) requires an acoustical analysis report be prepared in conjunction with a new commercial kennel. The applicant has retained an acoustical engineering consultant and the required report has been prepared (Attachment No. PC 3). This report concludes that the project will have a negligible impact on the existing ambient noise in the neighborhood
that includes barking dogs and further identified recommended measures for noise
reduction. These measures have been included as conditions of approval to promote compatibility of the use and avoid exacerbating the existing condition.
Parking Requirements
NBMC Section 20.40.040 (Off-Street Parking Spaces Required) requires one parking space per 400 square feet of gross floor area for an Animal Boarding/Kennels use. The project consists of an approximately 1,565-square-foot animal shelter (non-profit kennel); therefore, a total of 4 parking spaces are required. The project complies by
providing 4 surface parking spaces at the front of the site and includes an accessible van space. The project site presently does not provide any complying parking spaces; however, one car can park on the existing narrow driveway in the required front yard setback. Staff observed that most, if not all, of the other properties on the block do not provide conforming parking for either the homes or the commercial
kennels and the block is almost entirely reliant on public street parking. The conversion of the existing nonconforming parking space on the driveway to a disabled parking space is required by the California Building Code. Staff believes adequate on-street parking exists to accommodate the proposed kennel as discussed below. Due to the hours of operation and appointment-based visits, the
project is not expected to have a detrimental parking or traffic impact.
Operational Standards
NBMC Chapter 7.35 (Regulation of Kennels) requires operators of residential kennels to
obtain an operator’s permit from the Chief of Police. An operator’s permit applies only to
private projects, but the NBPD Animal Control will abide by the kennel permit standards. Complying with these standards will help to provide for safe and clean housing of the animals. Additional operational conditions of approval have also been placed on the project to help ensure general cleanliness and compatibility with the surrounding
community, including a limitation on the hours for drop-offs and pickups, a limitation on
the number of employees, a prohibition on storage of materials within the residence, or outside in the front yard, as well as requirements for proper drainage and sanitation. To reiterate, most of the surrounding kennels have operator’s permits that allow up to a maximum of 59 dogs, as the prior County approvals either placed a higher limitation or
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no limitation at all on the operations. The Applicant’s proposal of 29 dogs is below the average amount allowed to other operators. The NBPD Animal Control Division has reviewed the proposal and believe it will be conducive to City needs and consistent with the existing residential kennel operations in the neighborhood.
Summary
The proposed public animal shelter would introduce new public infrastructure into the City that improves NBPD Animal Control services. Within the SP-7 RK District that allows residential kennel businesses, the operation of a public animal shelter by the City that is consistent with the conditions of approval should not prove detrimental to the area or
operate as a nuisance. While there is not a residence within the project, proposed
operations should be complimentary by way of physical and operational design. Staff believes the use is consistent with the purpose and intent of the SP-7 RK District. Further staff believes the findings for approval can be made and facts in support of the required
findings are presented in the Draft Resolution for approval (Attachment No. PC 1).
Alternatives Staff recommends approval as proposed based on the required findings provided. The following alternative actions are available for the Commission:
1. The Planning Commission may find the use not consistent with purpose and intent of the SP-7 RK District. If this determination were made, the application cannot be approved and would need to be denied. Staff would recommend a continuance to prepare a resolution reflecting this course of action.
2. The Planning Commission may suggest specific changes to the project design that are necessary to alleviate physical design or operational concerns. If any requested changes are substantial, the Planning Commission should continue the item to a future meeting to allow the Applicant to address the issues through a redesign or
additional analysis. Environmental Review
The project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a small commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 10,000 square feet in floor area on sites zoned for such use within an urbanized area.
The project is the construction and operation of an approximately 1,565-square-foot,
single-story facility and 755-square-foot kennel for up to 29 dogs. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to
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unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the Applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
ATTACHMENTS PC 1 Draft Resolution
PC 2 Applicant’s Project Description and Justification PC 3 Acoustical Analysis Report by RK Engineering Group, Inc. PC 4 Project Plans
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2021-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2020-193 FOR A CITY-
OPERATED PUBLIC ANIMAL SHELTER LOCATED AT 20282
RIVERSIDE DRIVE (PA2020-349)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Friends of Newport Beach Animal Shelter (FONBAS)
(“Applicant”/“Owner”), with respect to property located at 20282 Riverside Drive, and
legally described as Lot 14, Tract 2581, as per Map thereof recorded in Book 77, page 15
of Miscellaneous Maps, records of Orange County, California (“Property”), requesting
approval of a conditional use permit (“CUP”).
2. A conditional use permit to demolish an existing residential kennel and construct a new
public animal shelter for cats and dogs. Project implementation would result in a 1,565-
square-foot, single-story shelter and a 755-square-foot kennel housing up to 29 dogs.
The project would be open to the public, receive and hold stray animals, facilitate
adoptions, and run as a designated “no-kill” shelter. If approved, the applicant proposes
to donate the property and improvements to the City of Newport Beach to be operated
by the Newport Beach Police Department Animal Control Division as the City’s
permanent animal shelter.
3. The Project is not a “housing development” as described in Government Code section
66300, subdivision (a)(6), and therefore not subject to the Housing Accountability Act
pertaining to a loss of density.
4. The Property is located within the SP-7/RK (Residential Kennel District of the Santa Ana
Heights Specific Plan Area) and the City of Newport Beach General Plan Land Use
Element designation is RS-D (Single-Unit Residential Detached).
5. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
6. A public hearing was held on March 4, 2021, in the City Council Chambers located at 100
Civic Center Drive, Newport Beach, California, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62(Public Hearings)
of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project has been determined to be categorically exempt pursuant to Title 14,
Division 6, Chapter 3 of the California Code of Regulations (Section 15303, Article 19 of
Chapter 3, Guidelines for Implementation of the California Environmental Quality Act)
under Class 3 (New Construction or Conversion of Small Structures).
2. The Class 3 exemption includes a small commercial structure not involving the use of
significant amounts of hazardous substances and not exceeding 10,000 square feet in
floor area on sites zoned for such use within an urbanized area. The Project is the
demolition of a residential kennel for the construction and operation of a 1,565-square-
foot animal shelter with a 755-square-foot dog kennel on a site zoned RK (Residential
Kennel) within the SP-7 (Santa Ana Heights Specific Plan Area).
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the Property as RS-D (Single-
Unit Residential Detached), which is intended to apply to a range of detached single-
family residential dwelling units on a single legal lot and does not include multi-unit
development, condominiums, or cooperative housing. Although the Project would
not provide a residential use, a public animal shelter use would exist in harmony with
neighborhood. The RK (Residential Kennel) zoning district is unlike any other
residential zone in the City because it allows for the hybrid use of a residence and
kennel business on site (or “residential kennel”). The kennel business aspect
essentially functions the same as an animal-keeping facility in a nonresidential
district. Residential kennels may retain employees to work on the property and are
open during business hours to the public who visit to pick up and drop off animals.
Some residential kennels are allowed to board up to 59 dogs at a time. Within the
residential kennel district's context, the public animal shelter is a fitting complement
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by maintaining a visual and operational character that resembles other residential
kennel uses.
2. The Project’s one-story facility matches the scale and architecture of structures in
the RK (Residential Kennel) district and would not create a conflict with the
residential neighborhood. Conditions of approval would help form consistency with
residential kennels in limiting the hours of operation to 8 a.m. to 7 p.m. daily and on-
site employees to no more than three at one time. The Project is also conditioned to
permit the sheltering of up to 29 dogs, which is significantly fewer than the 59 dogs
of some residential kennels. Customer traffic is not expected to generate pedestrian
or vehicular traffic in excess of that existing in the neighborhood. NBPD Animal
Control offers an online listing of animals available for adoption updated in real time
and has a robust social media presence. NBPD Animal Control would encourage
appointment-based visits and that customers research the animals before arriving to
the shelter. The NBPD Animal Control has temporarily located operations at 20302
Riverside Drive, two sites south of the Project, and has not been the subject of
complaints or issues. Compliance with conditions of approval, code requirements,
and kennel standards will help ensure the Project is compatible with residential uses
and prevent possible disturbances and annoyances to those residing in the area.
3. In compliance with Land Use Policy LU 2.2 (Sustainable and Complete Community)
of the General Plan, the Project emphasizes a use that enables Newport Beach to
continue as a self-sustaining community. The Project minimizes the need for
residents to travel outside of the community to look for non-profit animal services.
NBPD Animal Control will operate the facility as the City’s only public animal shelter.
4. Per Land Use Policy LU 6.1.1 (Adequate Community Supporting Uses) and 6.1.2
(Siting of New Development), the Project provides new public infrastructure in the form
of a public animal shelter to serve the needs of Newport Beach’s residents and
businesses. The development would provide a permanent accommodation for the
NBPD Animal Control whose current location is on a temporary basis. The Project
design will enhance Animal Control’s service capabilities with sizable and customized
areas for animal containment and care, administrative offices, animal grooming and
meal preparation, and meet-and-greet yards.
5. According to Land Use Policy LU 6.1.3 (Architecture and Planning that Complements
Adjoining Uses), the Project maintains a high visual and architectural quality level. The
Project is a single-story animal shelter with architecture, bulk, and scale designed
appropriately to blend in with the surrounding area. It preserves the residential
character of this unique neighborhood that allows accessory commercial kennels.
There are no design features of the Project that are detrimental to the residential look
or use of the block. The Project design has the appearance of a home and will function
similarly to residential kennels along Riverside Avenue. The front setbacks and other
visible areas from the public street will be attractively landscaped and trash containers
will be hidden in enclosures. The driveway and parking areas will be visually consistent
with adjoining residential kennel operations that have paved parking areas.
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6. Following Noise Policy N 1.1 (Noise Compatibility of New Development), 4.1
(Stationary Noise Sources), and 4.7 (Nuisances), as shown in the submitted acoustical
report, the Project would adhere to interior and exterior noise standards. Per Condition
of Approval No. 15, all noise generated by the Project must comply with the provisions
of Chapter 10.26 (Community Noise Control) and other applicable noise control
requirements of the NBMC.
7. The Property is located within the SP-7 (Santa Ana Heights Specific Plan Area). The
proposed use will be consistent with the permitted and conditionally permitted uses
for the RK (Residential Kennel) District of the Specific Plan as described in the above
Facts in Support of Finding A.1 through A.5.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is located within the RK (Residential Kennel) SP-7 (District of the Santa
Ana Heights Specific Plan Area) Zoning District. The RK District is intended to
provide for the development of a neighborhood that includes, but is not limited to,
single-family residences in conjunction with commercial kennel businesses.
2. Per Section 20.90.070(B) (Residential Kennel District: SP-7 (RK). - Principal Uses
Permitted) of the NBMC, the Planning Commission may allow any use found
consistent with the purpose and intent of the RK (Residential Kennel) District. While
the Project does not contain a residence, the public animal shelter is a comparable
use to a residential kennel. As designed, the facility will maintain a similar look and
use of other developments along the block and comprises 1,565 square feet of floor
area, employs a maximum of three staff members, maintains typical business hours,
and shelters no more than 29 dogs at any time.
3. The shelter is expected to be open Saturday and Sunday from 11 a.m. to 3 p.m. and
Monday to Friday by appointment only. Under rare circumstances, staff may work
late hours (past 11 p.m.) to care for sick or young animals. The NBPD may be
contacted at all times to address potential nuisances in the unexpected event they
should occur. Condition of Approval No. 7 requires on-site signage in a conspicuous
location to designate an after-hours emergency contact and phone number.
4. While not explicitly stated in the RK (Residential Kennel) Zoning District, other single-
family designations in Santa Ana Heights acknowledge that a police station may be
consistent with a residential neighborhood subject to Planning Commission approval.
The nearest designation that allows police stations is RSF (Residential Single-Family
District), which is immediately adjacent to the Property’s rear yard. This supports that
an animal shelter at the site operated by the NBPD may be found to be consistent
within the context of the single-family neighborhood. Because the RK (Residential
20
Kennel) Zoning District provides for accessory commercial kennels, favorable
conditions exist to operate a public animal shelter without adverse impacts to
residences.
5. Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one
parking space per 400 square feet of gross floor area for an Animal
Boarding/Kennels use. The Project consists of an approximately 1,565-square-foot
animal shelter (non-profit kennel); therefore, a total of 4 parking spaces are required.
The Project complies by providing 4 surface parking spaces at the front of the site
and includes an accessible van space. There are no proposed obstructions to on-
street parking in front of the Property.
6. Condition of Approval No. 19 requires the Project to comply with Chapter 7.35
(Regulation of Kennels) of the NBMC and for the operator to obtain an Operator’s
Permit from the Chief of Police. Animal Control has reviewed the application and
have found the Project to be consistent with kennel regulations design standards.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
allowed uses in the vicinity.
Facts in Support of Finding:
1. All Facts in Support of Finding B are hereby incorporated by reference.
2. The Property is located on Riverside Drive south of Orchard Drive. The Project would
demolish the existing single-family residence and commercial kennel to establish a
new public animal shelter for cats and dogs.
3. Properties within the vicinity of the project site are generally developed with single-
story residential structures and an intermixing of small-scale commercial buildings
occupied primarily by other kennel operations.
4. The Project’s size and operational characteristics are like those prevailing along the
block with accessory commercial kennels in conjunction with single-family
residences. Most of the commercial kennels operate with a maximum limitation of 59
dogs, as they were approved in the 1960s or 1970s under the County’s jurisdiction.
The Applicant’s proposal of 29 dogs is well below the range of allowable dogs
throughout the neighborhood and will help to minimize potential impacts on the
neighborhood with regard to noise and additional traffic.
5. All the Project’s structures follow the development standards of the RK (Residential
Kennel) district including setbacks for the main structure, location of the dog kennels,
allowed accessory structures, and height limits. Additionally, at 1,565 square feet of
floor area and one-story tall, the Project is not oversized or out of scale with the
existing pattern of development on the block that are primarily one-story buildings.
21
6. The Project’s architectural materials will maintain the residential character of the
block. Structure walls would be constructed of multi-colored concrete blocks and
include vinyl windows. For comparison, the residence to the west at 20272 Riverside
Drive also uses concrete blocks in its structure. The Project’s standing seam metal
roof would be accented by a composite wood fascia along the roofline. In the front
yard, landscaping would soften parking area with two olive trees and planter boxes
made up of a mix of low shrubs.
7. The Project is expected to be compatible within the area’s unique residential setting
that allows accessory animal kennels and commercial nurseries. To the rear of the
Project, properties are zoned Residential Single Family within the N (Commercial
Nursery Overlay). The N (Commercial Nursery Overlay) provides for homes in
conjunction with wholesale commercial nurseries. These properties have detached
horticultural structures that serve as a buffer between residences and the subject
use. The nearest habitable portion of the N (Commercial Nursery Overlay)
residences are around 65 to 85 feet away from the proposed dog kennels on-site.
The two properties abutting the site to either side have active commercial kennels
and are separated by a proposed 6-foot-tall block wall to attenuate noise. Given the
proximity and nature of the nearby uses, the Project would not introduce a negative
effect to the area and is designed to blend with the existing uses. Conditions of
approval including limitations on the operational hours, number of employees,
number of animals, and drop offs are included to this effect as well. Condition of
Approval No. 11 restricts drop-offs and pickups of dogs to occur between the hours
of 8 a.m. and 7 p.m., daily. To provide flexibility, occasional drop-offs and pickups of
dogs may occur outside these hours only when required and subject to approval by
the Chief of Police.
8. Medical treatment will only be administered to animals received by Animal Control
Officers. The facility will not operate as a veterinary clinic nor will medical services
be provided for the public.
9. The Public Works Department, Building Division, Fire Department and Police
Department have reviewed the application. The Project is required to obtain all
applicable permits from the Orange County Health Department, as well as all applicable
City Departments and must comply with the most recent, City-adopted version of the
California Building Code.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provisions of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
22
1. The Property is 8,100 square feet in area, relatively rectangular and topographically
flat, and will be developed with an approximately 1,565square-foot single-story
animal shelter and 755square-foot dog kennel. A driveway will be improved with four
surface spaces, including the accommodation of a single parking space that will be
compliant with the Americans with Disabilities Act (“ADA”) requirements.
2. The Property is large enough to accommodate a public animal shelter – including
offices, animal care, and exercise areas – and a kennel enclosure housing 29 dogs.
3. Conditions of Approval No. 14 prohibits any storage in front of the building and will
ensure storage areas on-site site are suitable for the proposed use.
4. The Property will be developed in a way that does not compromise public and
emergency vehicle access, public services, and access to proper utilities.
5. The improvements to the Property will comply with all Building, Public Works, and
Fire Codes. All ordinances of the City and all conditions of approval will be complied
with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. Although the Project site is within close proximity of residential uses, the size and
operation of the public animal shelter would integrate well with other commercial
kennels that are allowed operate in the neighborhood. The Project will operate
similarly to other commercial kennels that were approved under the County’s
jurisdiction and have not proven detrimental in the vicinity.
2. As demonstrated in the acoustical analysis report prepared by RK Engineering, Inc.
on December 15, 2020, the Project, as designed and with the appropriate noise
reduction measures incorporated, is expected to operate in compliance with the
noise standards within the NBMC and will not exacerbate ambient noise in the area.
3. Operational conditions of approval have been added to help ensure continued
compatibility with commercial (kennels) and residential uses within the area.
Compliance with the NBMC is required and will further help to ensure that the
proposed use will not be detrimental.
23
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The Project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due
to unusual circumstances, does not damage scenic resources within a state scenic
highway, is not a hazardous waste site, and is not identified as a historical resource.
2. The Planning Commission of the City of Newport Beach hereby approves CUP No.
UP2020-193, subject to the conditions set forth in Exhibit “A”, which is attached hereto and
incorporated by reference.
3. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the City Clerk in
accordance with the provisions of Title 20 (Planning and Zoning), of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF MARCH, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
24
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval. (Except as modified by applicable conditions of
approval.)
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this CUP.
4. This CUP may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the Property is operated or maintained so as to
constitute a public nuisance.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment to
this CUP or the processing of a new CUP.
6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. Signage designating an after-hours emergency contact and phone number must be
placed in a conspicuous location on-site.
8. The Property must be maintained and operated as the City’s public animal shelter at all
times. Once the City discontinues use of the site as a public animal shelter, future uses
at the site will be subject to Residential Kennel (RK) District standards, including
residences in conjunction with accessory commercial kennels. This approval does not
authorize a future private, non-profit, or commercial kennel use.
9. There shall be no more than three (3) employees on-site at any given time.
10. The maximum number of dogs on-site over the age of four months shall be limited to 29
at any one time.
25
11.Drop-offs and pickups of dogs shall be limited to the hours between 8 a.m. and 7 p.m.,
daily. Occasional drop-offs and pickups of dogs may occur outside these hours only on
an as-needed basis subject to approval by the Chief of Police.
12.Adequate drainage facilities shall be installed and maintained to facilitate proper
sanitation and satisfactory disposal of both natural precipitation and water used to clean
the facility. The operator shall maintain the site in a clean and sanitary condition at all
times and shall provide for the appropriate collection of animal waste from all locations
on the property. All animal waste shall be stored in a covered container(s) that shall be
emptied in accordance with applicable laws. In no case shall the animal waste be
permitted to remain in any container for a period exceeding seven days, or less, if
determined to be a nuisance.
13.The storage of materials outside of the shelter in the front yard shall be prohibited.
14.The maximum number of dogs permitted in the meet-and-greet front yard shall be no
more than two (2) at any one time.
15.All noise generated by the Project shall comply with the provisions of Chapter 10.26
(Community Noise Zones) and other applicable noise control requirements of the
NBMC. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7 a.m. and
10 p.m.
Between the hours of 10 p.m.
and 7 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16.The Project must comply with Chapter 7.35 (Regulation of Kennels) of the NBMC.
17.Should the Property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
18.This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
19.To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
26
approval of Friends of the Newport Beach Animal Shelter including, but not limited to, CUP
No. UP2020-193 (PA2020-349). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Building Division
20. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
27
INTENTIONALLY BLANK PAGE28
Attachment No. PC 2
Applicant’s Project Description and
Justification
29
INTENTIONALLY BLANK PAGE30
Project Description
Site Improvements:
•1,565 sq. ft. facility, including office space, containment area for cats, grooming
area, and meal preparation
•755 sq ft. kennel for a maximum of 29 dogs
•4 parking spaces (one accessible stall)
•Landscaping and meet and greet yards
Proposed Hours: Sat. – Sun. 11 a.m. to 3 p.m.
Mon. – Fri. by appointment.
Employees: 3 maximum
Friends of Newport Beach Animal Shelter (FONBAS) is proposing a public animal shelter
at 20282 Riverside Drive. FONBAS is a California non-profit public benefit corporation
solely funded by private donations and operating under a Support Agreement with the
City of Newport Beach. FONBAS is dedicated to serving the needs of the animals of
Newport Beach. This project accomplishes the vision to provide quality animal care and
services at a City animal shelter located in Newport Beach. The City currently operates
a Shelter through the Newport Beach Police Department’s Animal Control Unit on leased
property in the same neighborhood. The new Shelter would continue with the same City-
provided requisite staff and dedicated volunteers, but now with upgraded amenities and
control of its own destiny. By supplementing funding, increasing community interest, and
now providing a new permanent facility, FONBAS aspires to guarantee our animals will
be taken care of forever, locally. FONBAS raised the total cost of the land and
construction in this public-private partnership. The project will be donated to the City of
Newport Beach after construction.
31
INTENTIONALLY BLANK PAGE32
Attachment No. PC 3
Acoustical Analysis Report by RK
Engineering Group, Inc.
33
INTENTIONALLY BLANK PAGE34
group, inc.engineering
NOISE IMPACT STUDYFRIENDS OF NEWPORT BEACH ANIMAL SHELTER
CITY OF NEWPORT BEACH
35
rk16337.doc
JN:2941-2020-01
FRIENDS OF NEWPORT BEACH ANIMAL SHELTER
NOISE IMPACT STUDY
City of Newport Beach, California
Prepared for:
Mr. Walt Howard
FRIENDS OF NEWPORT BEACH ANIMAL SHELTER (FONBAS)
20282 Riverside Drive
Newport Beach, CA 92660
Prepared by:
RK ENGINEERING GROUP, INC.
4000 Westerly Place, Suite 280
Newport Beach, CA 92660
Bryan Estrada, AICP
Darshan Shivaiah, M.S.
December 15, 2020
36
Table of Contents
Section Page
1.0 Introduction ........................................................................................... 1-1
1.1 Purpose of Analysis and Study Objectives 1-1
1.2 Site Location 1-1
1.3 Project Description 1-2
1.4 Summary of Analysis Results 1-2
1.5 Recommendations 1-2
2.0 Fundamentals of Noise and Vibration .................................................. 2-1
2.1 Sound, Noise and Acoustics 2-1
2.2 Frequency and Hertz 2-1
2.3 Sound Pressure Levels and Decibels 2-1
2.4 Addition of Decibels 2-1
2.5 Human Responses to Changes in Noise Levels 2-2
2.6 Noise Descriptors 2-2
2.7 Sound Propagation 2-5
3.0 Regulatory Setting ................................................................................. 3-1
3.1 City of Newport Beach Noise Regulations 3-1
4.0 Study Method and Procedures .............................................................. 4-1
4.1 Measurement Procedures and Criteria 4-1
4.2 Stationary Noise Modeling 4-2
4.2.1 Referenced Noise Levels 4-3
5.0 Existing Noise Environment................................................................... 5-1
5.1 Existing Noise Levels 5-1
6.0 Project Noise Impacts ............................................................................ 6-1
6.1 Residential Noise Impacts 6-1
6.1.1 Residential Uses to the East 6-2
6.1.2 Residential Kennel Uses to the North and South 6-3
6.2 Recommended Project Design Features 6-3
37
List of Attachments
Exhibits
Location Map ........................................................................................................... A
Site Plan ................................................................................................................... B
Noise Monitoring Locations ...................................................................................... C
Tables
City of Newport Beach Exterior Noise Standards ........................................................ 1
Referenced Noise Levels ............................................................................................ 2
24-Hour Noise Measurement Results LT-1 ................................................................. 3
24-Hour Noise Measurement Results LT-2 ................................................................. 4
Project Noise Impacts to the East .............................................................................. 5
Project Noise Impacts to the North and South ........................................................... 6
Appendices
City of Newport Beach Noise Ordinance ................................................................... A
Noise Measurement, Field Data and Photos ............................................................... B
Referenced Noise Level Field Sheets ........................................................................... C
Stationary Noise Calculation Worksheets ................................................................... D
38
1-1
1.0 Introduction
1.1 Purpose of Analysis and Study Objectives
The purpose of this report is to evaluate the potential noise impacts from the proposed
installation of Friends of Newport Beach Animal Shelter (FONBAS) (project) and
recommend mitigation measures, if necessary, to minimize any project noise impacts.
This report follows the City of Newport Beach Municipal Code, Chapter 10.26, Community
Noise Control standards and methodologies for analyzing noise impacts. The project shall
not create any noise, or allow the creation of any noise on the property which causes the
noise level when measured on any other property to exceed the noise standards described
in Chapter 10.26, Community Noise Control. The Newport Beach Community Noise Control
Ordinance is provided in Appendix A.
The following is provided in this report:
• A description of the study area and the proposed project
• Information regarding the fundamentals of noise
• Identification of the regulatory setting and applicable noise standards
• Analysis of the existing noise environment
• Analysis of the project’s operational noise impact to adjacent sensitive receptors
• Summary of recommended mitigation measures and project design features to reduce
noise level impacts.
1.2 Site Location
The proposed project is located at 20282 Riverside Drive, in the City of Newport Beach. The
project site is located approximately 101 feet above sea level and the topography is
relatively flat.
The City of Newport Beach has zoned the entirety of Riverside Drive as the Residential
Kennel District (SP-7), per the City of Newport Beach’s municipal code. Existing land uses
surrounding the proposed project site include; residential kennel uses to the north, south,
west and single-family residential uses to the east.
The nearest noise-sensitive land uses are considered the residential properties located to
the north, and east of the project site.
39
1-2
The project site location map is provided in Exhibit A.
1.3 Project Description
The project consists of constructing and operating an animal shelter with approximately
1,565 square feet of building area and twenty (22) outdoor dog kennels. All other animals
(including cats, birds, etc.) are expected to be house inside the animal shelter building.
The proposed project will house a maximum of twenty nine (29) dogs at capacity. During
the daytime (7 AM to 10 PM), dogs may be allowed in the outdoor portions of the kennels
and in the play areas. During the nighttime (10 PM to 7 AM), the dogs are expected to be
housed inside the enclosed kennels with a closed door.
The dog kennels will be located approximately 25 feet from the eastern property line.
This assessment analyzes the existing noise levels and calculates the project impact on
adjacent properties. The primary source of stationary noise will come from the center and
backyard of the project site.
The site plan used for this analysis, provided by ARCHITECTURAL DESIGN SOLUTIONS is
illustrated in Exhibit B.
1.4 Summary of Analysis Results
The following findings are provided based on the results of this analysis:
1.Project noise levels are expected to be within the allowable limits of the City of
Newport Beach Exterior Noise Standards during daytime hours (7 a.m. to 10 p.m.)
at all residential receptor locations.
2.Project noise levels are expected to exceed the allowable limits of the City of
Newport Beach Noise Standards during the nighttime hours (10:00 p.m. to 7:00
a.m.) at several residential receptor locations.
3.The project is not expected to cause a significant permanent increase in the ambient
noise levels at any of the the nearest adjacent residential receptor locations.
40
1-3
1.5 Recommendations
The following recommendations are provided to help ensure noise levels do not cause a
significant noise impact.
Operation
1. Limit the total number of dogs at the site to 29 dogs.
2. During the night time hours (10 PM to 7 AM), the dogs should be kept in the
kennel structure and all of the doors to the new kennel structure should be closed.
One or two of the dogs could use the backyard for a short period of time if
necessary.
4. Provide adequate ventilation to the new structure per City of Newport Beach
building requirements.
5. The proposed new structure for the kennel has an acceptable building shell from a
noise standpoint with a roof, solid doors and concrete walls and floor. As
mentioned in Item 2 above, it will need to have appropriate ventilation to permit all
doors to be closed in the evening (10 PM to 7 AM) hours.
6. Provide a six (6) foot high concrete masonry unit (CMU) block wall around the back
dog play area to shield neighboring backyard areas from exterior noise.
Construction
7. Construction-related noise activities are exempted from the requirements set forth in
the City of Newport Beach Municipal Code Chapter 10.28, provided complies with
the following day/time restrictions.
a. Weekdays and Saturdays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any weekday except between
the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between
the hours of eight a.m. and six p.m.
41
1-4
b. Sundays and Holidays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any Sunday or any federal
holiday.
8. During construction, the contractor shall ensure all construction equipment is
equipped with appropriate noise attenuating devices and equipment shall be
maintained so that vehicles and their loads are secured from rattling and banging.
Idling equipment should be turned off when not in use.
9. Locate staging area, generators and stationary construction equipment as far from
east property line, as reasonably feasible.
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2-1
2.0 Fundamentals of Noise and Vibration
This section of the report provides basic information about noise and presents some of the
terms used within the report.
2.1 Sound, Noise and Acoustics
Sound is a disturbance created by a moving or vibrating source and is capable of being
detected by the hearing organs. Sound may be thought of as mechanical energy of a
moving object transmitted by pressure waves through a medium to a human ear. For
traffic, or stationary noise, the medium of concern is air. Noise is defined as sound that is
loud, unpleasant, unexpected, or unwanted.
2.2 Frequency and Hertz
A continuous sound is described by its frequency (pitch) and its amplitude (loudness).
Frequency relates to the number of pressure oscillations per second. Low-frequency sounds
are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak).
These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human
ear can hear from the bass pitch starting out at 20 Hz all the way to the high pitch of
20,000 Hz.
2.3 Sound Pressure Levels and Decibels
The amplitude of a sound determines it loudness. The loudness of sound increases or
decreases, as the amplitude increases or decreases. Sound pressure amplitude is measured
in units of micro-Newton per square inch meter (N/m2), also called micro-Pascal (μPa).
One μPa is approximately one hundred billionths (0.00000000001) of normal atmospheric
pressure. Sound pressure level (SPL or Lp) is used to describe in logarithmic units the ratio
of actual sound pressures to a reference pressure squared. These units are called decibels
and abbreviated dB.
2.4 Addition of Decibels
Because decibels are on a logarithmic scale, sound pressure levels cannot be added or
subtracted by simple plus or minus addition. When two (2) sounds of equal SPL are
combined, they will produce an SPL 3 dB greater than the original single SPL.
In other words, sound energy must be doubled to produce a 3 dB increase.
43
2-2
If two (2) sounds differ by approximately 10 dB the higher sound level is the predominant
sound.
2.5 Human Response to Changes in Noise Levels
In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and
5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more
intense than a sound with a higher or lower frequency with the same magnitude. For
purposes of this report as well as with most environmental documents, the A-scale
weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human
ear can barely perceive the change in noise level of 3 dB. A change in 5 dB is readily
perceptible, and a change in 10 dB is perceived as being twice or half as loud1. As
previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which
means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway),
would result in a barely perceptible change in sound level.
2.6 Noise Descriptors
Noise in our daily environment fluctuates over time. Some noise levels occur in regular
patterns, others are random. Some noise levels are constant, while others are
sporadic. Noise descriptors were created to describe the different time-varying noise levels.
Following are the most commonly used noise descriptors along with brief definitions.
A-Weighted Sound Level
The sound pressure level in decibels as measured on a sound level meter using the
A-weighted filter network. The A-weighting filter de-emphasizes the very low and very
high frequency components of the sound in a manner similar to the response of the
human ear. A numerical method of rating human judgment of loudness.
Ambient Noise Level
The composite of noise from all sources, near and far. In this context, the ambient noise
level constitutes the normal or existing level of environmental noise at a given location.
1 Source: U.S. DOT Federal Highway Administration. Dec. 2011. Highway Traffic Noise: Analysis and
Abatement Guidance.
44
2-3
Community Noise Equivalent Level (CNEL)
The average equivalent A-weighted sound level during a 24-hour day, obtained after
addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and
after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after
10:00 PM.
Decibel (dB)
A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the
base 10 of the ratio of the pressure of the sound measured to the reference pressure,
which is 20 micro-pascals.
dB(A)
A-weighted sound level (see definition above).
Equivalent Sound Level (LEQ)
The sound level corresponding to a steady noise level over a given sample period with the
same amount of acoustic energy as the actual time varying noise level. The energy average
noise level during the sample period.
Habitable Room
Any room meeting the requirements of the Uniform Building Code or other applicable
regulations which is intended to be used for sleeping, living, cooking or dining purposes,
excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility
rooms, and similar spaces.
L(n)
The A-weighted sound level exceeded during a certain percentage of the sample time. For
example, L10 is the sound level exceeded 10 percent of the sample time. Similarly L50, L90
and L99, etc.
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Noise
Any unwanted sound or sound which is undesirable because it interferes with speech and
hearing, or is intense enough to damage hearing, or is otherwise annoying. The State
Noise Control Act defines noise as "...excessive undesirable sound...".
Outdoor Living Area
Outdoor spaces that are associated with residential land uses typically used for passive
recreational activities or other noise-sensitive uses. Such spaces include patio areas,
barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient
recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes;
outdoor areas associated with places of worship which have a significant role in services or
other noise-sensitive activities; and outdoor school facilities routinely used for educational
purposes which may be adversely impacted by noise. Outdoor areas usually not included in
this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage
areas associated with residential land uses; exterior areas at hospitals that are not used for
patient activities; outdoor areas associated with places of worship and principally used for
short-term social gatherings; and, outdoor areas associated with school facilities that are
not typically associated with educational uses prone to adverse noise impacts (for example,
school play yard areas).
Percent Noise Levels
See L(n).
Sound Level (Noise Level)
The weighted sound pressure level obtained by use of a sound level meter having a
standard frequency-filter for attenuating part of the sound spectrum.
Sound Level Meter
An instrument, including a microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement and determination of noise and sound levels.
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Single Event Noise Exposure Level (SENEL)
The dBA level which, if it lasted for one (1) second, would produce the same A-weighted
sound energy as the actual event.
2.7 Sound Propagation
As sound propagates from a source it spreads geometrically. Sound from a small, localized
source (i.e., a point source) radiates uniformly outward as it travels away from the source in
a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance.
The movement of vehicles down a roadway makes the source of the sound appear to
propagate from a line (i.e., line source) rather than a point source. This line source results
in the noise propagating from a roadway in a cylindrical spreading versus a spherical
spreading that results from a point source. The sound level attenuates for a line source at a
rate of 3 dB per doubling of distance.
As noise propagates from the source, it is affected by the ground and atmosphere. Noise
models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate
predicted noise levels. Hard site conditions assume no excessive ground absorption
between the noise source and the receiver. Soft site conditions such as grass, soft dirt or
landscaping attenuate noise at an additional rate of 1.5 dB per doubling of distance.
When added to the geometric spreading, the excess ground attenuation results in an
overall noise attenuation of 3 dB per doubling of distance for a line source and 6.0 dB per
doubling of distance for a point source.
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Figure 1
Typical Sound Levels from Indoor and Outdoor Noise Sources2
2 Source: AAHSTO. 1993. Guide on Evaluation and Abatement of Traffic Noise
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3.0 Regulatory Setting
3.1 City of Newport Beach Noise Regulations
The proposed project is located in the City of Newport Beach and is required to follow the
City’s noise regulations and standards established in the Newport Beach Municipal Code
Chapter 10.26 -- Community Noise Control. The full Community Noise Control ordinance is
provided in Appendix A.
Noise levels from the project site are required to be below the City’s standard during
daytime and nighttime hours at all adjacent and surrounding properties. Table 1 shows the
City of Newport Beach Exterior Noise Standards.
Table 1
City of Newport Beach Exterior Noise Standards1
Noise Zone Type of Land Use Allowable Exterior Noise Level (Leq)2
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-, Two-, or
Multiple-Family Residential 55 dBA 50 dBA
III Residential Portions if Mixed-Use
Properties3 60 dBA 50 dBA
1 Newport Beach Municipal Code Chapter 10.26.025.
2 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
3 For purposes of this analysis, Noise Zone III standards are applicable to the residential homes located to the
north and south of the project site on Riverside Drive.
Per section 10.26.025 of the Community Noise Control ordinance, it is unlawful for any
person at any location within the incorporated area of the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level when measured on any other
property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus
twenty (20) DBA for any period of time (measured using A-weighted slow
response).
In the event the ambient noise level exceeds the noise standard, the maximum allowable
noise level shall be increased to reflect the maximum ambient noise level.
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4.0 Study Method and Procedures
The following section describes the measurement procedures, measurement locations, and
noise modeling procedures and assumptions used in the noise analysis.
4.1 Measurement Procedures and Criteria
Noise measurements are taken to determine the existing noise levels. A noise receiver or
receptor is any location in the noise analysis in which noise might produce an impact. The
following criteria are used to select measurement locations and receptors:
• Locations expected to receive the highest noise impacts, such as the first row of
houses
• Locations that are acoustically representative and equivalent of the area of concern
• Human land usage
• Sites clear of major obstruction and contamination
RK conducted the sound level measurements in accordance with Caltrans technical noise
specifications. All measurement equipment meets American National Standards Institute
(ANSI) specifications for sound level meters (S1.4-1983 identified in Chapter
19.68.020.AA).
A Piccolo-II Type 2 and a Larson Davis 712 Type 2 integrating-averaging sound level meter
were used to conduct the noise measurements.
The Leq, Lmin, Lmax, L2, L8, L25, and L50 statistical data were recorded over the
measurement time period intervals and the information was utilized to define the noise
characteristics for the project. The following gives a brief description of the Caltrans
Technical Noise Supplement procedures for sound level measurements:
• Microphones for sound level meters were placed between at five (5) feet above the
ground level, unless otherwise specified
• Sound level meters were calibrated before and after each measurement
• Following the calibration of equipment, a windscreen was placed over the
microphone
• Frequency weighting was set on “A” and slow response
• Results of noise measurements were recorded on field data sheets
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• During any short-term noise measurements, any noise contaminations such as
barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted
• Temperature and sky conditions were observed and documented
Appendix B includes photos, field sheets, and measured noise data.
4.2 Stationary Noise Modeling
The stationary noise was projected using a computer program that replicates the FHWA Noise
Prediction Model (FHWA-RD-77-108). The FHWA model arrives at the predicted noise level
through a series of adjustments to the reference energy noise level. For each stationary source,
the referenced noise level was applied to the model. The model outputs the projected noise
level based on the following key parameters:
• Measured referenced noise level – (e.g. how loud a source is at a specific distance)
• Vertical and horizontal distances (sensitive receptor distance from noise source)
• Noise barrier vertical and horizontal distances (noise barrier distance from sound
source and receptor).
• Typical noise source spectra
• Topography
4.2.1 Referenced Noise Levels
To estimate noise level impacts from on-site noise sources, reference noise levels are utilized.
Referenced noise levels represent similar noise sources operating under similar conditions as
would be found on the project site. Table 2 indicates the measured referenced noise level
measurements conducted previously by RK in 4th November, 2015 (Newport Tails Kennel
Acoustical Study).
Using a Larson Davis 712 Type 2 integrating-averaging sound level meter, two (2) 5-minute
noise measurements were recorded at the surrounding property lines. Short term noise
measurements are conducted during normal daytime hours and considered samples of typical
ambient conditions. The Leq, Lmin, Lmax, L2, L8, L25, and L50, statistical data were reported
over the 5-minute period. The information was utilized to define the noise characteristics for
the project.
The following details and observations are provided for the short-term noise measurements.
The results of the short-term (ST) measurements are presented in Table 5.
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Table 2
Short Term (5-Minute) Noise Measurement Results1
Site
No.
Time
Started Leq Lmax Lmin L2 L8 L25 L50
ST-1 3:12 PM 57.0 73.0 47.0 66.9 61.3 54.6 50.8
ST-2 2:49 PM 55.3 76.2 46.6 61.9 58.2 53.9 51.2
1 Referenced noise levels measured by RK over a 5-minute period on 11/04/2015.
ST-1 Measurement taken 45' away from the rear façade of the house, and 10' away from
the northern property line/wall.
ST-2 Measurement taken 22' away from the rear façade of the house, and 10' away from
the southern property line/wall.
To estimate the future noise levels during typical conditions, RK used the highest noise levels
from the reference noise levels. Adjusted noise levels are based on the distance of the receptor
location relative to the noise source, local topography and the recommended property line
wall shielding.
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5.0 Existing Noise Environment
The existing noise environment for the project site and surrounding areas has been
established based on noise measurement data collected by RK. Noise measurement data
indicates that activities from the existing land use and surrounding properties, as well as
overhead planes, are the main sources of ambient noise at the project site and surrounding
noise sensitive receptor areas.
5.1 Existing Noise Levels
To determine the existing noise level environment, RK conducted two (2) 24-hour noise
measurements at the project study area.
Noise levels were measured on November 11, 2020 using a Piccolo-II Type 2 integrating-
averaging sound level meter. The information was utilized to establish the noise
characteristics of the existing ambient environment.
The noise monitoring locations were selected based on the proximity and location to
adjacent sensitive receptors. Exhibit C graphically illustrates the location of the long-term
measurements.
• Long-term noise monitoring location one (LT-1) was taken at the backyard of the
project site at approximately 5 feet from the eastern property line and 35 feet from
the southern property line.
• Long-term noise monitoring location two (LT-2) was taken at the center of the
project site at approximately 43 feet from the eastern property line and 30 feet from
the southern property line.
Long term noise monitoring at the backyard (LT-1) represent the existing noise levels near
the adjacent noise sensitive residential land uses to the east. Long-term noise measurement
results are summarized in Tables 3 and 4. Appendix B includes photographs, field sheets
and measured noise data.
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Table 3
24 Noise Measurement Results LT-11
Time Leq (dBA) Time Leq (dBA)
12:00 AM 43.8 12:00 PM 56.8
1:00 AM 41.0 1:00 PM 62.8
2:00 AM 40.6 2:00 PM 53.2
3:00 AM 41.4 3:00 PM 58.0
4:00 AM 44.4 4:00 PM 59.8
5:00 AM 48.6 5:00 PM 60.6
6:00 AM 58.5 6:00 PM 57.2
7:00 AM 65.1 7:00 PM 58.9
8:00 AM 63.1 8:00 PM 52.6
9:00 AM 60.3 9:00 PM 52.1
10:00 AM 61.6 10:00 PM 48.0
11:00 AM 59.3 11:00 PM 46.4
Minimum Daytime Leq 48.0
Minimum Nighttime Leq 40.6
1 LT-1 was taken in the backyard of the site, approximately 5 feet eastern property line. LT-1 was recorded on
11/11/2020.
Table 4
24 Noise Measurement Results, LT-21
Time Leq (dBA) Time Leq (dBA)
12:00 AM 49.9 12:00 PM 61.2
1:00 AM 47.2 1:00 PM 67.0
2:00 AM 47.0 2:00 PM 57.2
3:00 AM 48.0 3:00 PM 60.5
4:00 AM 50.8 4:00 PM 63.9
5:00 AM 54.7 5:00 PM 65.2
6:00 AM 63.6 6:00 PM 62.3
7:00 AM 69.6 7:00 PM 63.5
8:00 AM 68.0 8:00 PM 57.9
9:00 AM 64.9 9:00 PM 58.4
10:00 AM 65.9 10:00 PM 54.4
11:00 AM 63.5 11:00 PM 52.7
Minimum Daytime Leq 54.4
Minimum Nighttime Leq 47.0
1 LT-2 was taken near the center of the site, approximately 43 feet from the eastern property line and 30 feet
from the southern property line. LT-2 was recorded on 11/11/2020.
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6.0 Project Noise Impacts
This assessment analyzes the future noise level impacts from animal shelter operating on
the project site to the surrounding residential properties. Noise level impacts are compared
to the City of Newport Beach noise standards and recommendations are provided, as
needed, to reduce the project’s noise impact.
6.1 Residential Noise Impacts
The proposed project will house a maximum of twenty nine (29) dogs at capacity. During
the daytime (7 AM to 10 PM), dogs may be allowed in the outdoor portions of the kennels
and in the play areas. During the nighttime (10 PM to 7 AM), the dogs are expected to be
housed inside the enclosed kennels with a closed door.
This assessment analyzes the existing noise levels and calculates the project impact on
adjacent properties. The primary source of stationary noise will come from the center and
backyard of the project site.
In order to determine the significant noise impact, the 24-hour noise level data collected by
RK on the site is utilized as the baseline conditions. RK identified the lowest hourly Leq
noise levels for both daytime hours (7:00 a.m. to 10:00 p.m.) and nighttime hours (10:00
p.m. to 7:00 a.m.). This represents a worst-case assessment during the quietest hours of
the day and night.
6.1.1 Project Noise Impact to the East
The nearest residential homes located adjacent to the backyard to the east of the site,
approximately 25 feet away from the outdoor dog kennel structure and 6 feet away from
the outdoor dog play area. As a worst-case scenario, the noise impact is analyzed from the
outdoor dog play area for both daytime and nighttime hours.
The residential use to east is considered to be located in a City Noise Zone I. The daytime
noise standard is 55 dBA from 7:00 a.m. to 10:00 p.m. and the nighttime noise standard is
50 dBA from 10:00 p.m. to 7:00 a.m.
As shown in Table 5, the noise levels generated by the project are not expected to exceed
the City’s daytime and nighttime exterior noise standard for all residential uses at the
property line to the east.
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Table 5
Project Noise Impacts to the East
Receptor Source
Noise Level (dBA)
Leq
Daytime
Leq
Nighttime
(7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.)
Residential Uses
to the East
Dog Kennel 45.4 45.4
Existing Noise Levels1 48.0 40.6
Combined Noise Level 49.9 46.6
City of Newport Beach
Noise Standards 55.0 50.0
Combined Noise Level
Exceeds Standard (?) NO NO
Change in Ambient Noise Levels as a
Result of Project 1.9 6.0
1 Lowest Daytime and Nighttime Noise Levels are used.
6.1.2 Project Noise Impact to the North & South
The residential homes/kennels located adjacent to the north and south of the site are
approximately 5 feet away from both the outdoor dog kennel structure and the outdoor
dog play area.
The residential/kennel use to north and south are considered to be located in a City Noise
Zone III. The daytime noise standard is 60 dBA from 7:00 a.m. to 10:00 p.m. and the
nighttime noise standard is 50 dBA from 10:00 p.m. to 7:00 a.m.
As shown in Table 6, the noise levels generated by the project are not expected to exceed
the City’s daytime and nighttime exterior noise standard for all residential kennel uses at
the property line to the north and south.
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TABLE 6
Project Noise Impacts to the North and South
Receptor Source
Noise Level (dBA)
Leq
Daytime
Leq
Nighttime
(7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.)
Residential Uses
to the North &
South
Dog Kennel 45.7 45.7
Existing Noise Levels1 54.4 47.0
Combined Noise Level 54.9 49.4
City of Newport Beach
Noise Standards 60.0 50.0
Combined Noise Level
Exceeds Standard (?) NO NO
Change in Ambient Noise Levels as a
Result of Project 0.5 2.4
1 Lowest Daytime and Nighttime Noise Levels are used.
6.2 Recommended Project Design features
The following recommendations are provided to help ensure noise levels do not cause a
significant noise impact.
Operation
1. Limit the number of dogs in the yard from 10 PM to 7 AM to one or two dogs only.
2. Limit the total number of dogs at the site to 29 dogs.
3. During the night time hours (10 PM to 7 AM), the dogs should be kept in the
kennel structure and all of the doors to the new kennel structure should be closed.
One or two of the dogs could use the backyard for a short period of time if
necessary.
4. Provide adequate ventilation to the new structure per City of Newport Beach
building requirements.
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6-4
5. The proposed new structure for the kennel has an acceptable building shell from a
noise standpoint with a roof, solid doors, and concrete walls and floor. As
mentioned in Item 2 above, it will need to have appropriate ventilation in provisions
to permit all doors to be closed in the evening (10 PM to 7 AM) hours.
6. Provide a six (6) foot high concrete masonry unit (CMU) block wall along the back
dog play area to shield neighboring backyard areas from exterior noise.
Construction
7. Construction-related noise activities are exempted from the requirements set forth in
the City of Newport Beach Municipal Code Chapter 10.28, provided complies with
the following day/time restrictions.
a. Weekdays and Saturdays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any weekday except between
the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between
the hours of eight a.m. and six p.m.
b. Sundays and Holidays: No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other
related building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity, on any Sunday or any federal
holiday.
8. During construction, the contractor shall ensure all construction equipment is
equipped with appropriate noise attenuating devices and equipment shall be
maintained so that vehicles and their loads are secured from rattling and banging.
Idling equipment should be turned off when not in use.
9. Locate staging area, generators and stationary construction equipment as far from
east property line, as reasonably feasible.
58
Exhibits
59
engineeringgroup, inc.FRIENDS OF NEWPORT BEACH ANIMAL SHELTER NOISE IMPACT STUDY, City of Newport Beach, CA
2941-2020-01 engineering
Location MapExhibit A
N
SITE
60
group, inc.engineering
Site PlanExhibit B
N
FRIENDS OF NEWPORT BEACH ANIMAL SHELTER NOISE IMPACT STUDY, City of Newport Beach, CA
2941-2020-01 61
engineeringgroup, inc.engineering
Noise Monitoring LocationsExhibit C
N
Legend:
= Long Term (24-HR) Noise Monitoring Location1
1
2
62
Appendices
63
Appendix A
City of Newport Beach Noise Ordinance
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(119 hits)
Chapter 10.26 COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions—Special
Provisions.
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
10.26.050 Sound-Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations—Additional Remedies—Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.100 Severability.
10.26.005 Declaration of Policy.
A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to
be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary
to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating,
maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not
in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance.
The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources
existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with
this chapter. (Ord. 95-38 § 11 (part), 1995)
10.26.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the meanings as indicated here:
“Agricultural property” means a parcel of real property which is undeveloped for any use other than agricultural
purposes.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
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“A-weighted sound level” means the total sound level meter with a reference pressure of twenty (20) micropascals
using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as DBA.
“Code Enforcement Officer” means the Code Enforcement Officer of the City or his duly authorized deputy.
“Commercial property” means a parcel of real property which is used as either in part or in whole for commercial
purposes.
“Cumulative period” means an additive period of time composed of individual time segments which may be
continuous or interrupted.
“Decibel (Db)” means a unit which denotes the ratio between two quantities which are proportional to power: the
number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten
of this ratio.
“Dwelling unit” means any area within a structure on any parcel which:
1. Contains separate or independent living facilities for one or more persons, with an area or equipment for
sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or
2. Is being utilized for residential purposes by one or more persons separately or independently from
occupants of other areas within the structure.
“Emergency machinery, vehicle, work or alarm” means any machinery, vehicle, work or alarm used, employed,
performed or operated in an effort to protect, provide or restore safety conditions in the community or for the
citizenry, or work by private or public utilities when restoring utility service.
“Equivalent, noise, level, leq.” means the sound level corresponding to a steady state noise level over a given
measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known
as the energy average noise level during the measurement period. The measurement period shall be fifteen (15)
minutes under the terms of this chapter.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless including but not
limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans,
compressors, air conditioners and refrigeration equipment.
“Grading” means any excavating of filling of earth material or any combination thereof conducted at a site to
prepare said site for construction or other improvements thereon.
“Health care institution” means any hospital, convalescent home or other similar facility excluding residential.
“Hertz (HZ)” means the unit which describes the frequency of a function periodic in time which is the reciprocal of
the period.
“Impulsive noise” means a noise of short duration usually less than one second and of high intensity, with an
abrupt onset and rapid decay.
“Industrial property” means a parcel of real property which is used either in part or in whole for manufacturing
purposes.
“Intruding noise level” means the total sound level, in decibels, created, caused, maintained or originating from an
alleged offensive source at a specified location while the alleged offensive source is in operation.
“Licensed” means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where
no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.66
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“Major roadway” means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or
controlled by a public government entity.
“Mobile noise source” means any noise source other than a fixed noise source.
“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind,
including public agencies.
“Residential property” means a parcel of real property which is used either in part or in whole for residential
purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property
includes the residential portion of mixed use properties.
“Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other
frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave
band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure
levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz
(Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz.
“Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 or
most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio
of the pressure of the sound to a reference pressure which shall be explicitly stated.
“Vibration” means any movement of the earth, ground or other similar surface created by a temporal and spatial
oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part),
1995)
10.26.015 Decibel Measurement Criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound
pressure of twenty (20) micropascals as measured with a sound level meter using the A-weighted network (scale)
at slow response. (Ord. 95-38 § 11 (part), 1995)
10.26.020 Designated Noise Zones.
The properties hereinafter described assigned to the following noise zones:
Noise Zone I — All single-, two- and multiple-family
residential properties;
Noise Zone II — All commercial properties;
Noise Zone III — The residential portion of mixed-use
properties;
Noise Zone IV — All manufacturing or industrial properties.
The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone
I, II, III or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part),
1995)
10.26.025 Exterior Noise Standards.
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A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a
designated noise zone:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m.10 p.m. to 7 a.m.
I Single-, two-or
multiple-family
residential
55 DBA 50 DBA
II Commercial 65 DBA 60 DBA
III Residential
portions of
mixed-use
properties
60 DBA 50 DBA
IV Industrial or
manufacturing
70 DBA 70 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person,
which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under
said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.030 Interior Noise Standards.
A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property
within all noise zones:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m.10 p.m. to 7 a.m.
I Residential 45 DBA 40 DBA
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III Residential
portions of
mixed-use
properties
45 DBA 40 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise
or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a
person which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said
category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on a boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.035 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public
entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which
are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized,
or responsible, to perform, activities which are exempt from the provisions of this chapter include, without
limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach
or the Newport Mesa Unified School District;
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said
events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging
of said events;
C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery,
vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle
shall terminate its operation within forty-five (45) minutes in any hour of its being activated;
D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property.
Such activities shall instead be subject to the provisions of Chapter 10.28 of this title;
E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way
or during authorized seismic surveys;
F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that:
1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or
at any time Sunday or a federal holiday, or 69
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2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during
periods of potential or actual frost damage or other adverse weather conditions, or
3. Such operations and equipment are associated with agricultural pest control through pesticide
application, provided the application is made in accordance with permits issued by or regulations enforced
by the California Department of Agriculture;
G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to
the provisions of Chapter 10.28 of this title;
H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption
may include motor vehicle, aircraft in flight, and railroad noise regulations;
I. Any noise sources associated with people and/or music associated with a party at a residential property. Such
noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of
Chapters 10.28 and 10.58 of this title;
J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly
within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead
shall be subject to the provisions of Chapter 7.20 of this Code;
K. Any noise sources associated with the operation of a permanently installed heating, venting and air
conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B)
and (C);
L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification
permit, development agreement or planned community district development plan adopted prior to the date of
adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions
—Special Provisions.
It is unlawful for any person to create any noise which causes the noise level at any school, day care center,
hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise
standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38
§ 11 (part), 1995)
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or
adjacent to residential areas shall be issued only where installations can be shown by computation, based on the
sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of fifty (50) DBA or
not to exceed an A-weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that
will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be
that specified in “Standard Application of Sound Rated Outdoor Unitary Equipment,” Standard 275, Air
conditioning and Refrigeration Institute, 1984 or latest revision thereof.
B. Existing HVAC Equipment.
1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior
noise limit of sixty-five (65) dBA until January 1, 1998.
2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter until January 1, 1998.70
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3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter
shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety-day compliance
period set forth in Section 10.26.005.
C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior
noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent
of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995)
10.26.050 Sound-Amplifying Equipment.
Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be
subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to
include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players,
electric keyboards, music synthesizers, record players or televisions, which are designed and operated for
personal use, or used entirely within a building and are not designed or used to convey the human voice, music or
any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants
of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38
§ 11 (part), 1995)
10.26.055 Noise Level Measurement.
A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private
yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property
as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or
patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such
as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not
normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise
levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone
height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone
height shall be five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the affected residential unit.
The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of
a window opening, nearest the noise source. The measurements shall be made with windows in an open position.
(Ord. 95-38 § 11 (part), 1995)
10.26.065 Proposed Developments.
Each department whose duty it is to review and approve new projects or changes to existing projects that result
or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval.
If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed
standard, regulation or action of any department respecting noise does not conform to the provisions as specified
in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability
of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995)
10.26.070 Prima Facie Violation.
Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter,
shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part),
1995)
10.26.075 Violations.71
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Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 §
11 (part), 1995)
10.26.080 Violations—Additional Remedies—Injunctions.
A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in
violation of any provisions of this chapter which operation or maintenance causes or creates sound levels
exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law.
The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council
declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a
personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995)
10.26.085 City Manager Waiver.
The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time
not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and
prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is
sought. (Ord. 95-38 § 11 (part), 1995)
10.26.090 Noise Abatement Programs.
A. In circumstances which adopted community-wide noise standards and policies prove impractical in
controlling noise generated from a specific source, the City Council may establish a noise abatement program
which recognizes the characteristics of the noise source and affected property and which incorporates specialized
mitigation measures.
B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for
achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may
include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of
operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995)
10.26.095 Manner of Enforcement.
A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue
citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or
enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of
an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which
specifies the time by which the condition shall be corrected.
B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this
chapter while such person is engaged in the performance of his/her duty.
C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to
be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address
or at the place where the violation occurred in which event the specified time period for abating the violation or
applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 §
11 (part), 1995)
10.26.100 Severability.
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If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be
given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby
declared to be severable. (Ord. 95-38 § 11 (part), 1995)
The Newport Beach Municipal Code is current through
Ordinance 2018-13, passed August 14, 2018.
Disclaimer: The City Clerk's Office has the official version of the
Newport Beach Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
73
Appendix B
Noise Measurement, Field Data and Photos
74
PROJECT: Friends of Newport Beach Animal Shelter JOB #: 2941‐2020‐01NOISE METER Piccolo II SLM, 24‐Hour Measurement DATE: 10‐Nov‐20LOCATION: PROPERTY LINE TO THE NORTH BY: D. ShivaiahTimeLeqLmin LmaxL2L8L25L5012:00 AM 43.858.238.247.746.044.443.21:00 AM 41.051.635.945.143.241.640.42:00 AM 40.651.635.844.142.641.340.13:00 AM 41.457.136.945.243.542.040.84:00 AM 44.454.737.547.646.645.444.05:00 AM 48.663.142.251.450.549.548.16:00 AM 58.585.347.255.953.752.752.07:00 AM 65.185.545.876.166.454.752.08:00 AM 63.186.535.573.057.550.747.79:00 AM 60.381.535.372.159.149.745.310:00 AM 61.684.033.872.662.449.444.111:00 AM 59.381.634.971.059.247.842.712:00 PM 56.876.635.668.359.846.542.31:00 PM 62.884.836.474.162.550.445.62:00 PM 53.277.235.360.251.647.443.53:00 PM 58.081.134.969.560.251.247.54:00 PM 59.888.039.670.562.049.545.75:00 PM 60.681.240.972.761.349.246.46:00 PM 57.277.244.768.558.549.848.37:00 PM 58.983.842.965.851.147.646.78:00 PM 52.677.244.460.751.649.047.99:00 PM 52.172.845.059.651.349.949.010:00 PM 48.058.643.451.349.748.547.611:00 PM 46.460.840.350.448.647.245.9Daytime59.958.645.870.860.149.947.1Nighttime50.651.6 47.250.248.547.346.375
0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln)LeqLminLmaxL2L8L25L5076
0.010.020.030.040.050.060.070.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL)LeqCNEL77
PROJECT: Friends of Newport Beach Animal ShelterJOB #:2941‐2020‐01NOISE METER Piccolo II SLM, 24‐Hour MeasurementDATE:10‐Nov‐20LOCATION: At the Center of the SiteBY:D. ShivaiahTimeLeqLmin LmaxL2L8L25L5012:00 AM 49.963.044.453.552.050.549.41:00 AM 47.270.241.951.349.547.946.52:00 AM 47.059.741.250.949.247.646.53:00 AM 48.065.542.75250.248.647.34:00 AM 50.857.844.254.252.951.850.55:00 AM 54.766.448.357.456.755.754.36:00 AM 63.689.753.762.159.758.858.27:00 AM 69.689.351.980.87260.758.18:00 AM 68.0904177.66457.653.89:00 AM 64.986.340.976.66454.750.310:00 AM 65.988.939.576.567.153.648.411:00 AM 63.585.539.775.263.651.147.112:00 PM 61.281.441.172.664.850.6461:00 PM 67.090.541.378.367.453.5492:00 PM 57.281.640.764.155.751.2483:00 PM 60.581.740.371.661.954.350.64:00 PM 63.989.845.774.865.154.150.95:00 PM 65.285.547.376.965.354.352.16:00 PM 62.382.951.273.162.35654.67:00 PM 63.586.949.270.656.953.953.18:00 PM 57.97850.667.158.355.654.59:00 PM 58.47951.166.758.156.555.510:00 PM 54.467.249.657.656.154.953.911:00 PM 52.766.346.356.65553.552.2Daytime64.467.251.975.264.955.352.8Nighttime56.057.8 53.756.454.753.552.578
0.020.040.060.080.0100.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMDecibel (dB)Time24 Hour Noise Monitoring Results (Leq, Ln)LeqLminLmaxL2L8L25L5079
0.010.020.030.040.050.060.070.080.012:00 AM1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PMNoise Level (dBA)24‐Hour Noise Monitoring Result (CNEL)LeqCNEL80
Appendix C
Referenced Noise Level Field Sheets
81
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address:City:Newport Beach Site No.:
20281 Riverside Drive
Sound Level Meter:Calibration Record:Notes:
LD-712 Input, dB/ Reading, dB/ Offset, dB/ Time
Serial # A0520 Before 114.0/ 114.0/ 26.9/Temp: 66°
After 114.0/ 114.0/ 26.3/Windspeed: Light
Calibrator:Direction: --
LD-250 250 Before // /Skies: Clear
Serial # 1322 After // /Camera:
Photo Nos.
Notes:Measurement Type:
Long-term
Short-term X
Start Time Stop Time Leq Lmin Lmax L2 L8 L25 L50
3:12 PM 3:18 PM 57.0 47.0 73.0 66.9 61.3 54.6 50.8
2:49 PM 3:02 PM 55.3 46.6 76.2 61.9 58.2 53.9 51.2
All measurements taken in this second round are WITH the dogs present in the yard. All
measurements were taken over a 5-minute period, with occasional pauses to allow for plane and
helicopter flyovers.Locations1
5
4
3
Field Sheet
1-2
Measurement taken 45' away from the rear façade of the house, and 10' away from the northern property line/wall.
There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation.
Measurement taken 22' away from the rear façade of the house, and 10' away from the southern property line/wall.
There is barking from adjacent properties. The wind also tends to cause rustling among the vegetation.
Meter Settings:
⌧ A-WTD LINEAR ⌧ SLOW 1/1 OCT ⌧ INTERVALS ___5____- MINUTE
C-WTD IMPULSE FAST 1/3 OCT ⌧ LN PERCENTILE VALUES
2
Newport Tails Kennel Acoustical Study
82
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.:
47.0
Field Sheet - ST1 Location Photos
1
Newport Tails Kennel Acoustical Study
83
Project:Engineer:Bob Kahn & Jethro Narciso Date:11/4/2015
JN:2536-2015-01
Measurement Address: 20281 Riverside Dr.City:Newport Beach Site No.:
47.0
Field Sheet - ST2 Location Photos
Newport Tails Kennel Acoustical Study
2
84
Appendix D
Stationary Noise Calculation Worksheets
85
NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108
PROJECT:Friends of Newport Beach Animal Shelter JOB #:2941‐2020‐1
SOURCE:Dog Kennel DATE: 30‐Nov‐20
LOCATION:Nearest Property Line to the East BY:D. Shivaiah
NOISE INPUT DATA
OBS DIST= 11.0
DT WALL=6.0
DT W/OB= 5.0
HTH WALL=6.0 ********
BARRIER =0.0 (0=WALL,1=BERM)
OBS HTH=0.0
NOISE HTH=2.0 BARRIER+
OBS EL =0.0 TOPO SHIELDING = ‐14.20
NOISE EL =0.0 NOISE HTH EL= 2.0
DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE)
COFF
DIST (FT) Leq Lmax L2 L8 L25 L50
REF LEVEL 20 57.0
PROJ LEVEL 11 59.6 2.6 2.6 2.6 2.6 2.6
SHIELDING 11 ‐14.2 ‐14.2 ‐14.2 ‐14.2 ‐14.2 ‐14.2
ADJ LEVEL 11 45.4 ‐11.6 ‐11.6 ‐11.6 ‐11.6 ‐11.6
NOISE LEVEL REDUCTION DUE TO DISTANCE =2.59637311
NOISE OUTPUT DATA (dBA)
86
NOISE BARRIER CALCULATIONS ‐ BASED UPON FHWA ‐ RD‐77‐108
PROJECT:Friends of Newport Beach Animal Shelter JOB #:2941‐2020‐1
SOURCE:Dog Kennel DATE: 30‐Nov‐20
LOCATION:Nearest Property Line to the North / South BY:D. Shivaiah
NOISE INPUT DATA
OBS DIST= 10.0
DT WALL=5.0
DT W/OB= 5.0
HTH WALL=6.0 ********
BARRIER =0.0 (0=WALL,1=BERM)
OBS HTH=0.0
NOISE HTH=2.0 BARRIER+
OBS EL =0.0 TOPO SHIELDING = ‐14.30
NOISE EL =0.0 NOISE HTH EL= 2.0
DROP‐OFF=10.0 (20 = 6 dBA PER DOUBLING OF DISTANCE)
COFF
DIST (FT) Leq Lmax L2 L8 L25 L50
REF LEVEL 20 57.0
PROJ LEVEL 10 60.0 3.0 3.0 3.0 3.0 3.0
SHIELDING 10 ‐14.3 ‐14.3 ‐14.3 ‐14.3 ‐14.3 ‐14.3
ADJ LEVEL 10 45.7 ‐11.3 ‐11.3 ‐11.3 ‐11.3 ‐11.3
NOISE LEVEL REDUCTION DUE TO DISTANCE = 3.01029996
NOISE OUTPUT DATA (dBA)
87
INTENTIONALLY BLANK PAGE88
Attachment No. PC 4
Project Plans
89
INTENTIONALLY BLANK PAGE90
2 0 2 8 2 R I V E R S I D E D R I V E
N E W P O R T B E A C H, C A L I F O R N I A
FRIENDS OF NEWPORT BEACH ANIMAL SHELTER
A-1
C O N C E P T S I X
D E C E M B E R 2 0 2 0
SHEET INDEX
A-1 COVER SHEET / PROJECT INFO.A-1.1 PROJECT CODE ANALYSISA-2 SITE PLANA-3 FLOOR PLANA-4 ROOF PLANA-5 EXTERIOR ELEVATIONSA-6 EXTERIOR ELEVATIONSA-7 BUILDING SECTIONSA-8 BUILDING SECTIONSC-1 SURVEYC-2 BMP EXHIBITC-3 STORMWATER BIOFILTERL-1 LANDSCAPE PLAN
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 2NEWPORT BEACHANIMAL SHELTER
20282 riverside dr. newport beach, cafriends of newport beach animal shelterPA2020-349 Attachment No. PC 4 - Project Plans
91
SANTA ANA SPECIFIC (SP-7)
SITE DEVELOPMENT STANDARDS (20.90.070 F)
PRINCIPAL USES PERMITTED (B - 3B)USE WHICH PLANNING COMMISSION FINDSCONSISTENT WITH THE PURPOSE AND INTENT OFTHIS DISTRICT
BUILDING SITE AREA (1):EIGHT THOUSAND (8,000) SQUARE FEET MINIMUM
BUILDING HEIGHT (2)THIRTY-FIVE (35) FEET MAXIMUM
BUILDING SETBACKS (3)KENNEL FACILITIES (4) - PER MAIN BUILDINGREQUIREMENTS (a)FRONT YARD 20 FT MINIMUMSIDE YARD 5 FT MINIMUMREAR YARD 25 ft MINIMUM
OFF-STREET PARKING (5) (20.40 - TABLE 3-10)LAND USE PARKING SPACESREQUIREDANIMAL BOARDING/KENNELS 1 PER 400SQ. FT.
1,595 SQ. FT. / 400 SQ. FT. = 4 PARKINGSPACES REQUIRED
LOT AREA 8,105 SFALLOWABLE BUILDABLE 4504 X 3 FLOORS SF
FLOOR AREA LIMIT 4504 X 3 FLOORS
A-1.1
PROJECT CODE ANALYSISfriends of newport beach animal shelter
BUILDING USE ANIMAL KENNEL / POUND
APPLICABLE CODES
CHAPTER 3OCCUPANCY GROUP
2019 california building code (cbc)title 24,part 2, volumes 1 and 2based on 2018 international building code
2019 california plumbing code (cpc) title 24,part 5based on 2018 uniform plumbing code
2019 california fire code (cfc) title 24,part 9based on 2018 international fire code
2019 california building energy efficiencystandards code (bees) title 24,part 6
2019 california green building standardscode (cgbsc, calgreen) title 24,part 11
2019 california health and safety code(california code of regulations)
city of newport beach municipal code
2019 california electrical code (cec) title 24,part 3based on 2017 national electrical code
2019 california mechanical code (cmc) title 24,part 4based on 2018 uniform mechanical code
occupancy
group bbusiness
section
section 304animal kennel / pound
CHAPTER 5GENERAL BUILDINGHEIGHTS / AREASGROUP B
const.typetable allowable proposed
VBNS504.3height/feet 40 feet 16 feet
VBNS504.4hgt./stories 2 stories 1story
VBNS506.2area /s.f.9,000 s.f. 3,180 s.f.
structural frame 0 hour
bearing wallsexteriorinterior
floor construction
roof construction
CHAPTER 6TYPES OFCONSTRUCTION
section 602 - construction classificationtable 601 - building elements fire rating
fireratingbuildingelementsconst.type
vb
0 hour0 hour
table602
non-bearing walls &partitions interior 0 hour
0 hour
0 hour
vb
vb
vb
vb
x < 5 ft.1 hour
section 602 - construction classificationtable 602 - exterior walls
fireratingdistanceoccupancy
b
const.type
vb
b
b
b
5 < x < 10 ft. vb
vb
x > 30 ft. vb
10 < x < 30 ft.
1 hour
0 hour
0 hour
CHAPTER 7FIRE & SMOKEPROTECTION
section 705 - exterior wallstable 705.8 - area of openings allowed
allowableareaseparationdistancedegree of openingprotection
0 ft. < 3 ft.notpermitted
15 %protected3 ft. < 5 ft.
10 %unprotectednon sprinklered5 ft. < 10 ft.25 %protected
70 %unprotectednon sprinklered25 ft. < 30 ft.no limitprotected
> 30 ft.no limit
CHAPTER 10MEANS OF EGRESS section 1004 - occupant loadtable 1004.5 - floor area allowed / occupant
roomname area
senior aco
locker room
loadfactor occupantload
storage
laundry
animal mealprep
animalgrooming
break room
lobby
60 sf 150 sf/occbusiness 1occupant
105 sf 50 sf/occlocker rm.3occupant
35 sf 500 sf/occWAREHOUSE 3occupant
35 sf 150 sf/occbusiness 1occupant
40 sf 150 sf/occbusiness 1occupant
40 sf 150 sf/occbusiness 1occupant
60 sf 150 sf/occbusiness 1occupant
140 sf 150 sf/occbusiness 1occupant
MEET/GREET 70 sf 150 sf/occbusiness 1occupant
cattery 70 sf 1occupant
cat cages 190 sf 150 sf/occbusiness 2occupant
animalquarantine 55 sf 150 sf/occbusiness 1occupant
dog runs 1525 sf 4occupant
500 sf/occWAREHOUSE
500 sf/occWAREHOUSE
TOTAL 21occupant
section 1005 - means of egress sizing1005.3 - other egress components
occupantload
21occupants
capacityfactor
0.2 inchoccupant
requiredwidth
4.2 inchesminimum
1010.1.1 - size of doors
table 1020.2 - corridor widthoccupant load < 50
32 inchesminimum
36 inchesminimum
section 1006 - number of exitstable 1006.3.2 - minimum number of exits
occupant load
1 - 500
minimum numberof exits
2
section 1017 - exit access travel distancetable 1017.2 - exit access travel distance
occupancy
group b
withoutsprinklers
200 ft.
section 1020 - corridorstable 1020.1 - fire-resistance rating
occupancy
group b
fire resistancewith out sprinklers
0 hour
occupantload
< 30
section 422.0 - min. number of req'd fixturestable a - occupancy load factor
occupancy
group b
loadfactor
1 occ200 sf
CPC CHAPTERPLUMBING FIXTURES& FIXTURE FITTINGS area
1595 sf
occupants
8 occ4 m / 4 w
table 422.1 - minimum plumbing facilities
occupancygroup b waterclosets
11:50
urinals
men (4)
women (4)11:15
11:100 11:75
11:50
lavatory drinkingfountain
11:150
12-18-2020
CHAPTER 4special uses
section 441- pet kennels / boarding facilities
section 441.2 provide automatic sprinklersper cfc section 903
exception: fire alarm system that reportsto local fire department reporting station
P R O J E C T D E S C R I P T I O N
legal description:n-tract: 2581 block: lot: 14newport beach , ca.
assessor's parcel number:439 - 251 - 07
property mailing address:20282 riverside drivenewport beach, ca. 92663
zoning:occupancy group:SP-7 (RK) group B
type of construction:type v-b
lot size:8,105 sq. ft.
SCOPE OF WORK-1. REMOVE EXISTING SITE IMPROVEMENTS2. CONSTRUCT 2,850 SQ. FT. ANIMAL SHELTER
A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 2lot area 8,105 sq. ft.lot width 59.99 feetlot depth 135.09 feetsetbacks:front yard 20 feetside yard 5 feetrear yard 25 feetgross floor area:facility 1,565 sq. ft.dog kennel 755 sq. ft. (enclosed)dog runs 530 sq. ft. (open)total 2,850 sq. ft.
floor area ratio
building / lot coverage:2,850 building / 8105 lot = 35% lot coverage
building height 11 feet 6 inches
landscaping percentage: 340 landscape area / 8105 lot = 04% landscape1,100 decomp. granite / 8105 lot = 13.5 % d.g.2,090 dog play area / 8105 lot = 26% fake grasstotal = 43.5%
paving percentage:1,240 paving area / 8105 lot = 15% paving
parking:1565 sq. ft. facility (prk'g space/400 sq. ft.)4 parking spaces required3 standard spaces1 van accessible space
number of employees:3 staff (animal control officers)
hours of operation:Friday through Sunday 11 am to 4 pmMonday through Thursday by appointment
use:animal shelter
20282 riverside dr. newport beach, cafriends of newport beach animal shelterPA2020-349 Attachment No. PC 4 - Project Plans
92
S I T E P L A N - CONCEPT 06 15'5'
NorthSCALE: 1/16" = 1'-0"A-212-18-2020NO PARKINGCITY OF NEWPORT BEACHCOMMUNITY DEVELOPMENT DEPARTMENTTITLE 20PLANNING AND ZONING
20.36.050 General landscape standards
a. Impervious Surfaces1. not > 50% of front yard area- excluding driveways
front yard area60 ft. x 20 ft. = 1,200 sq. ft.drive way area25 ft. x 20 ft. = 500 sq. ft.front area = 700 sq. ft.need landscape area = 350 sq. ft.
AREAS OF PERVIOUS SURFACES
AREA ONE = 430 SQ. FT.AREA TWO = 25 SQ. FT.AREA THREE = 25 SQ. FT.TOTAL 480 SQ. FT. > 350 SQ. FT.A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 2vicinity map
or
c
h
a
r
d
d
r
.
20282riverside dr.irvine ave.campus dr.sw birch st.me
s
a
d
r
.santana ave.7
3
f
r
e
e
w
a
y
20282 riverside dr. newport beach, cafriends of newport beach animal shelter25'-0"5'-0"5'-0"20'-0"
side yardsetback
side yardsetback
front yard setback
25'-0" standard parkingspacetable 3-1217' x 8'-6"
2 of 3
standard parkingspacetable 3-1217' x 8'-6"
1 of 3
RESIDENTIAL DRIVEWAYAPPROACH TYPE ISTD-162-Lvan accessibleloading area11b-502.2exception18' x 8'
van accessibleparking space11b-502.218' x 9'
1 of 1
meet / greet yard
standard parkingspacetable 3-1217' x 8'-6"
3 of 3 SECURE RUNSdecomposed crushed granite
fake grass6'-0" high wroughtiron fenceenclosure
dog playfake grassw/ 6'-0" compositewood fence on 42"block wallCRIVERSIDE DRIVELdrinkingfountain
decomposed crushed granite
decomposed crushed granite
planter24" highblockwall
property line 135.00'
property line 135.00'
rear yard setback
dog playfake grass
PROPERTY LINE 59.99'PROPERTY LINE 59.99'6'-0" high block soundattentuation wall
42" block wall42" block wallplanter24" highblockwall
planter24" highblockwall
6'-0" composite woodfence
6'-0" composite woodfence 6'-0" high block soundattenuation walltrash
see sheet a1.1 for additional project informationarchitect of recordmark s. dwyer, architectncarb949 887 2292
mark@archdesignsol.com
6'-0"6'-0"easement for public utilitiesper book 77, page 15 of maps6'-0"
utility easements:1. as instrument no. 1955-107559, book 3195, page 163 (So. Cal. Edison)2. as instrument no. 1955-128466, book 3249, page 51 (pac. tel & Telegraph co.)
26'-8"
6'-0" high block soundattenuation wall
14'-8"
2'-0"parking setbackper std-805l-a &std 805-l-b
19'-4"
6'-0" high block soundattentuation wall
26'-8"
6'-0" high block soundattenuation wall
42" block wall
notes:1. sewer is provided by cmsd. sewershall be reviewed and approved by cmsdprior to building permit issuance,2. water is provided by irwd. waterservice shall be reviewed and approvedby irwe prior to building permit issuance.
Notes:1. reconstruct sidewalk along entire project frontage per std-180-l.2. remove existing hardscape in parkway - provide landscaping at parkwayshall be sod or other drought tolerant planting acceptable to city.3. provide 36" box tree w/in parkway - tree type per city council poliicy g-6.
parkway sidewalk
3'-0"
detectablewarning glass entrydoorPA2020-349 Attachment No. PC 4 - Project Plans
93
F L O O R P L A N - CONCEPT 06 15'5'
NorthSCALE: 1/8" = 1'-0"A-3
7 cats
6 cats
7 cats
560 SF
meet / greet
accessibletoilet
lobby
senior acoemployeeworkstation
break room
locker room
animal grooming
865 SF1,565 SF
865 gross sf
560 gross sf
145 SF
145 gross sf
1
2
3
4
5
6
7
8
9
10
11
TRASH fau
wh
43'-4"20'-0"9'-4"20'-0"28'-0"49'-4"animalmeal prep
LAUNDRY
storage
animalquaratine
cat cagesanimalcontainment
catteryanimalcontainment
dog runs animalcontainment
secure runs
OPEN OPENPRIVACY
1
2
3
4
5
6
7
8
9
10
11
7 cats
7 cats
wall legendconcrete masonry unit wall
wood stud / gyp bd partition
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 220282 riverside dr. newport beach, cafriends of newport beach animal shelter59'-4"
10'-8"15'-4"5'-4"
OPEN RUN OPEN RUNPRIVACY AREA
A-7A
hallway
hallway
A-8C
entry court
A-7B
A-8D
PA2020-349 Attachment No. PC 4 - Project Plans
94
R O O F P L A N - CONCEPT 06 15'5'
NorthSCALE: 1/8" = 1'-0"A-412-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 220282 riverside dr. newport beach, cafriends of newport beach animal shelterstanding seam metal roofing
RIDGE
RIDGE
HIPHIPHI
PVALLEYRIDGESLOPE2/12SLOPE2/12
SLOPE2/12SLOPE2/12HI
P
HIP
SLOPE2/12SLOPE2/12SLOPE2/12
BARRELHIP
H
I
P
SLOPE2/12
SLOPE2/12SLOPE2/12SLOPE2/12HIP
RIDGEHIP
2'-0"overhang, typ.
2'-0"trellis work, typ.SLOPE2/12HIPHIPPA2020-349 Attachment No. PC 4 - Project Plans
95
N O R T H E L E V A T I O N - CONCEPT 06
SCALE: 1/8" = 1'-0"
A-5
W E S T E L E V A T I O N - CONCEPT 06
SCALE: 1/8" = 1'-0"
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 215'5'
NEWPORT BEACHANIMAL SHELTER
split face block "wainscot"color to be determined
precision block - multi colorblocks - to be determined
composite wood fencing
glass block window - 4 inch
composite wood fascia board
standing seam metal roofing
vinyl door - style to be determined
vinyl window - style to be determined
frameless glass entry door with etched art work - to be determined
glass transom with etched art work - to be determined
20282 riverside dr. newport beach, cafriends of newport beach animal shelter6'-8"10'-6"HDR. HGT.
TOP OF RIDGE
+ 11'-6" TOP OF RIDGE/
precision block - mono colorblocks - to be determined
12
2 typ.6'-0" SOUNDATTENTUATIONWALL
FIN. FLR.+11'-0"NAT. GRD.
6'-0" SOUNDATTENUATION WALL
+12'-0"NAT. GRD.
PA2020-349 Attachment No. PC 4 - Project Plans
96
A-6
E A S T E L E V A T I O N - CONCEPT 06
S O U T H E L E V A T I O N - CONCEPT 06
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 215'5'20282 riverside dr. newport beach, cafriends of newport beach animal shelterentry trellis
chain link gates / fencing atdog runs, typical
6'-0" SOUNDATTENUATION WALL
+12'-0"NAT. GRD.+12'-0"NAT. GRD.
PA2020-349 Attachment No. PC 4 - Project Plans
97
A-7
SCALE: 1/8" = 1'-0"
SCALE: 1/8" = 1'-0"
S E C T I O N A - CONCEPT 06
S E C T I O N B - CONCEPT 06
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 215'5'20282 riverside dr. newport beach, cafriends of newport beach animal sheltercat cagesanimalcontainment
catteryanimalcontainmenthallwayhallway
storage laundry animalmeal prep
split face block "wainscot"color to be determined
precision block - multi colorblocks - to be determined
trellis work at entry
precision block - mono colorblocks - to be determined
hallwayentry court dog runs
6'-0" SOUNDATTENUATION WALLBEYOND
PA2020-349 Attachment No. PC 4 - Project Plans
98
A-8
15'5'
S E C T I O N C - CONCEPT 06
S E C T I O N D - CONCEPT 06
12-18-2020 A R C H I T E C T U R A L D E S I G N S O L U T I O N SM A R K S. D W Y E RA R C H I T E C T, N C A R Ba r c h d e s i g n s o l . c o m 9 4 9 8 8 7 2 2 9 2NEWPORT BEACHANIMAL SHELTER
20282 riverside dr. newport beach, cafriends of newport beach animal shelterlobbysenior acoemployeeworkstation
dog runsLAUNDRYhallwayLOBBY
precision block - mono colorblocks - to be determined
chain link gates / fencing atdog runs, typical
6'-0" SOUNDATTENUATION WALLBEYOND
PA2020-349 Attachment No. PC 4 - Project Plans
99
SCALE 1"=8'
0'8'16'N39°50'40"E 509.69' (509.76')N50°09'20"W 30.00'
N50°09'20"W 30.00'192.75'59.99'256.95'N50°09'20"W 135.09'
N50°09'20"W 135.09'N39°50'40"E 59.99'N50°09'20"W 28.05'
N50°09'20"W 28.12'52.92'7.06'N39°50'40"E 59.99'RdM SURVEYING INC.
20282 RIVERSIDE DRIVE
NEWPORT BEACH
N50°12'40"W 465.16'
300.08' TO INT.165.08' TO TRACT INT.
S42°39'18"E 5.32'KLINE DR.ORCHARD DRIVE
RIVERSIDE DRIVEN88°31'
1
9
"
W
5
0.
1
4'
TIE T
O
PT.
S69°07'56"E
3
7
.
9
1
'
T
I
E
FD. S&W P.K. NAILCONTROL POINT ONLY FD. S&W
FD. CHIS.'X'
FD. L&TLS4400
FD. CHISELEDSLASHES ON MH
FD. L&TRCE 24668
FD. L&TRCE 24668
(CORNER LOTS 7 & 8)
(PT. ON TC 'X')
(RAD. PT. CUL DE SAC)
RESIDENCE
BUILDING
BUILDING
GARAGE
SHED
GARAGE
RESIDENCE
RESIDENCE
C-1
PA2020-349 Attachment No. PC 4 - Project Plans
100
25'-0"20'-0"
6'-0"
6'-0"
26'-8"
14'-8"
2'-0"
19'-4"26'-8"
parkway sidewalk
3'-0"
PERVIOUS AREAS (951 SF)
FLOW
RIVERSIDE DRIVEP:\1090.001 FONBAS WQMP\CAD\DESIGN\P-WQMP.dwgDate: Dec 16, 2020 - 10:35amPA2020-349 Attachment No. PC 4 - Project Plans
101
STANDARD DETAIL
STORMWATER BIOFILTRATION SYSTEM
MWS-L-4-4-V
GENERAL NOTES
INSTALLATION NOTES
SITE SPECIFIC DATA
PLAN VIEW
ELEVATION VIEW RIGHT END VIEW
LEFT END VIEW
CC-3
0.052
OFFLINE
N/AN/AN/A
PEDESTRIAN
OPEN PLANTER
3.4
1.0
1.0
0.052
* PRELIMINARY NOT FOR CONSTRUCTION
PA2020-349 Attachment No. PC 4 - Project Plans
102
RIVERSIDE DRIVEL24" highblockplanter wall
24" block wall5'-0"5'-0"property line 135.00'
property line 135.00'PROPERTY LINE 59.99'trashBENCH
RECONSTRUCT SIDEWALK24" block wall(FRONT & sides)
concrete paving,with scorelinesas shown, typ.
tile paving,to beselected,typ.
concretepaving, withscorelines asshown, typ.BENCHNO PARKING25'-0"5'-0"5'-0"20'-0"
side yardsetback
side yardsetback
front yard setback
25'-0" standard parkingspacetable 3-1217' x 8'-6"
2 of 3
standard parkingspacetable 3-1217' x 8'-6"
1 of 3
RESIDENTIAL DRIVEWAYAPPROACH TYPE ISTD-162-Lvan accessibleloading area11b-502.2exception18' x 8'
van accessibleparking space11b-502.218' x 9'
1 of 1
meet / greet yard
standard parkingspacetable 3-1217' x 8'-6"
3 of 3 SECURE RUNSdecomposed crushed granite
fake grass6'-0" high wroughtiron fenceenclosure
dog playfake grassw/ 6'-0" compositewood fence on 42"block wallCRIVERSIDE DRIVELdrinkingfountain
decomposed crushed granite
decomposed crushed granite
property line 135.00'
property line 135.00'
rear yard setback
dog playfake grass
PROPERTY LINE 59.99'PROPERTY LINE 59.99'6'-0" high block soundattentuation wall
42" block wall42" block wall6'-0" high block soundattenuation walltrash
6'-0"6'-0"easement for public utilitiesper book 77, page 15 of maps6'-0"
utility easements:1. as instrument no. 1955-107559, book 3195, page 163 (So. Cal. Edison)2. as instrument no. 1955-128466, book 3249, page 51 (pac. tel & Telegraph co.)
26'-8"
6'-0" high block soundattenuation wall
14'-8"
2'-0"parking setbackper std-805l-a &std 805-l-b
19'-4"
6'-0" high block soundattentuation wall
26'-8"6'-0" high block soundattenuation wall
42" block wall
Notes:1. reconstruct sidewalk along entire project frontage per std-180-l.2. remove existing hardscape in parkway - provide landscaping at parkwayshall be sod or other drought tolerant planting acceptable to city.3. provide 36" box tree w/in parkway - tree type per city council poliicy g-6.
parkway sidewalk
3'-0"
detectablewarning glass entrydoorFAKEGRASS
FAKEGRASS
36" BOX
24" BOX
COMMON NAME
BOTANICAL NAME QTY.
HEIGHT X WIDTH
CONTAINER SIZE WATER USESYMBOL
TREES:
COMMENTS
SHRUBS:
1
9DWARF BOTTLEBRUSHCALLISTEMON 'LITTLE JOHN' 5 GALLON3' x 3'LOW
NOTE:PLANTING AREAS SHALL BE MULCHED WITH A THREE INCH (3") MINIMUM LAYER OF ORGANIC WOOD MULCH.
PROPOSED PLANT LEGEND
FRUITLESS OLIVE TREE
OLEA E. 'SWAN HILL' 1/1
20' x 20'
24"/36" BOX LOW
3
GROUNDCOVERS:
TO BE SELECTED
ARTIFICIAL TURF
KANGAROO PAW
ANIGOZANTHOS HYBRIDS 1 GALLON LOW
NEW ZEALAND FLAXPHORMIUM 'AMAZING RED' 5 GALLON3' x 3'
MODERATE
PYGMY DATE PALM
PHOENIX ROEBELENII 15 GALLON MODERATE
DECOMPOSED GRANITE, WETTED AND COMPACTED TO A 3" DEPTH
MULTI TRUNK
MUTI TRUNK
@ 24" O.C.
CONTAINERS:
DWARF BOTTLEBRUSH
CONTAINER TO BE SELECTED, FILL WITH 1 GALLON
Date
Renewal Date
Signature
12-17-20
5-31-21LICENSEDLANDSCAPEAR
C
H
I
T
ECTSTATEOF CAL IF O R NIATHOMASH .KOCH
N
o
.36021THK Lake Forest, CA 92630CA License 3602 Landscape ArchitectTHOMAS H. KOCHAZ License 33915 26482 Elmcrest WayTel. : (949) 348-9150Email: thk@cox.net20282 Riverside Dr.Newport Beach, CA N
O
R
T
H
1/8" = 1'- 0"PLAN PREPARER:OWNER:OF
SHEET JOB NO:SCALE:CHECKED:DATE:DRAWN BY:REVISIONS:Friends of Newport Beach CONCEPTUALLANDSCAPE PLANAnimal ShelterCONCEPTUAL LANDSCAPE PLAN - CONCEPT 06
16'8'
SCALE: 1/8" = 1'-0"
0'4'8'
L1
PA2020-349 Attachment No. PC 4 - Project Plans
103
From:Ron YeoTo:Planning Commissioners
Subject:[WARNING: ATTACHMENT UNSCANNED]Animal Shelter Use PermitDate:Monday, March 1, 2021 8:55:29 AMAttachments:design guidelines.pngScreen Shot 2021-02-26 at 4.53.20 PM.pngScreen Shot 2021-02-26 at 4.57.53 PM.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This project deserves your full approval.
Existing conditions: This block of Riverside Drive is a long way from achieving the goals of overall enhancement of the aesthetic character of the community.
This project will be the first step in that goal direction. The planning staff & commission should give some serious thought on ways to improve this block…such as installingstreet trees & enforcing sign restrictions.
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Tina Seri
To:Planning Commissioners
Subject:Friends of Newport Beach Animal Shelter Planing Hearing on 3/4/21
Date:Monday, March 1, 2021 10:35:09 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Planning Commissioners:
I won't be able to attend the meeting on March 4, 2021, but would like to give you my
input.
I don't have a problem with having a shelter on our street. I do have a problem with
the type of building they will build. This is a residential street that has business, not
the other way around. It is imperative that it stays that way. We don't want an
commercial type business look to the property. It must have a home like structure.
We all have a lot invested in our home/business and this will change the dynamics of
this street and lower our property value if we start allowing "commercial" typebusinesses.
Also I did sign to waive the HOA or Declaration of Restrictions that was shown to me
by FONBASbut i have changed my mind after reading it and would like to withdraw my signature.
Thank you for allowing me to give you my input. My number should you need to
reach me is714-269-8161
My address is 20322 Riverside Dr., Newport Beach, CA 92660
Tina Seri
Sunrun Kennelswww.sunrunkennels.com
www.facebook.com/sunrunkennels
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:jwatt4@aol.com
To:Planning Commissioners
Subject:Newport Beach Animal Shelter
Date:Monday, March 1, 2021 12:31:21 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
March 1, 2021
Dear Chairman Eric Weigand and Planning Commissioners:
It has been a great pleasure for me to work with the City Council on the Animal Shelter for the past
several years. We are very grateful for the help that Carol Jacobs has given us from the start. Because
Carol, Dave Kiff, Valerie Schomburg, and then Mayor Diane Dixon were able to see that our animals
could and should get a better life in the world, this whole project has come to fruition and Friends of
Newport Beach Animal Shelter have been able to raise the funds to buy and build a permanent shelter.
In all the years I have been working on various projects in Newport, this has been by far the most
rewarding because of the community's support, the City Council's support, the great work by the Police
Department and its Animal Control division, the phenomenal Board we've been able to work with, and
luckily too, the addition of Tom Fischbacher to our Board as we undertook the actual building of the
Shelter.
We hope you can heartily support this project and definitely look for any further ideas you have for
complete compatibility with the City codes and visions.
Thanks so much for your work and your help,
Jean Watt, Vice President, Friends of Newport Beach Animal Shelter
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
WALTER G. HOWALD
700 Narcissus Avenue
Corona del Mar, CA 92625
949.922.9926 ~ walt@howald.us
Date: February 26, 2021
To: Newport Beach Planning Commission:
Honorable Members and Staff
Re: Site Plan: New Animal Shelter, 20282 Riverside, Newport Beach, CA
The present Newport Beach Animal Shelter is operated by the City at a location also on
Riverside Drive. Many of us in the Newport community have worked diligently to raise
private funds from many individuals to locate, purchase, and, with your approval, build a
new animal shelter on a lot two lots from the present leased shelter.
We have raised sufficient money to buy the property at 20282 Riverside, engage
professionals to provide you the proposed site plans, and then build a new, complete
animal shelter to gift to the City.
Your staff has worked with us and all of us are thrilled and anxious to proceed with this
much-needed facility for our City. We ask that you approve the site plan as presented.
My personal appreciation,
Treasurer and Member Board of Directors
Friends of Newport Beach Animal Shelter
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Sharon Esterley
To:Planning Commissioners
Subject:New Newport Beach Animal Shelter - 20282 Riverside Dr., Newport Beach
Date:Monday, March 1, 2021 4:05:30 PM
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To Newport Beach Planning Commission
Honorable Commissioners and Staff
As a Member of the Board of Directors of Friends of Newport Beach Animal Shelter, I've had
the pleasure of working with community members and City staff who have collaborated over
the past year, safely in the middle of a crippling pandemic, to put together a plan for a new
animal shelter that would make our City proud. Thanks to the generosity of community
donors at all levels, we were able to purchase property on Newport's unique kennel-zoned
street near our existing leased shelter site, worked with professional designers and
architect, and will be ready to proceed with construction quickly upon City approval.
City staff have been exceptionally helpful to assist us in designing a project that will meet
all government standards, and extra contributions have come from donors who want to
beautify the project with upgraded finishes and landscaping. Our new shelter will be an
asset to the City and the community we serve.
We're excited to be ready to proceed with final design and construction, and ask for your
prompt approval of the site plan presented today so we can get started!
With warm regards and thanks,
Sharon Esterley
Secretary, Friends of Newport Beach Animal Shelter.
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Evelyn Hart
To:Sharon Esterley
Cc:Planning Commissioners
Subject:Re: New Newport Beach Animal Shelter - 20282 Riverside Dr., Newport Beach
Date:Monday, March 1, 2021 4:17:11 PM
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Great SharonI will see at the Planning commission
Meeting
On Mon, Mar 1, 2021 at 4:05 PM Sharon Esterley <esterley@aol.com> wrote:
To Newport Beach Planning Commission
Honorable Commissioners and Staff
As a Member of the Board of Directors of Friends of Newport Beach Animal Shelter, I'vehad the pleasure of working with community members and City staff who havecollaborated over the past year, safely in the middle of a crippling pandemic, to puttogether a plan for a new animal shelter that would make our City proud. Thanks to thegenerosity of community donors at all levels, we were able to purchase property onNewport's unique kennel-zoned street near our existing leased shelter site, worked withprofessional designers and architect, and will be ready to proceed with construction quickly upon City approval.
City staff have been exceptionally helpful to assist us in designing a project that will meetall government standards, and extra contributions have come from donors who want tobeautify the project with upgraded finishes and landscaping. Our new shelter will be anasset to the City and the community we serve.
We're excited to be ready to proceed with final design and construction, and ask for yourprompt approval of the site plan presented today so we can get started!
With warm regards and thanks,
Sharon EsterleySecretary, Friends of Newport Beach Animal Shelter.
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Kathy Thompson
To:Planning Commissioners
Subject:Animal shelter
Date:Monday, March 1, 2021 5:01:26 PM
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Gentlemen
I am a member of FONBAS and a financial contributor. So thankful with the new building on land we own, to have
a site for the animals which we can all be proud!
Long overdue for the beautiful city of Newport Beach!
Respectfully submitted
Kathy Thompson
Planning Commission - March 4, 2021 Item No. 5a Additional Materials Received Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Merlaina O Conner
To:CDD
Cc:Planning Commissioners
Subject:Project PA2020-349 / Activity UP2020-193 Newport Beach Animal Shelter
Date:Wednesday, March 3, 2021 1:38:11 PM
Attachments:Project Number PA2020-349 concerns.pdf
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I Robert O’Conner owner of 20292 Riverside Drive Newport Beach, Ca 92660. I am the next door
neighbor of the current proposed site for the Friends of Newport Beach Animal Shelter. I am
informing you that with the lack of notice and a loss in my family I am unable to attend the meeting
that is scheduled for March 4th, 2021 at 6:30pm.
I have sent my questions and concerns as requested to the Planning Commissions e-mail and expect
them to be reviewed and taken with the importance they should be. I will be living directly next to a
publicly accessible Animal shelter and feel my concerns are important and should be taken as such.
Sent from Mail for Windows 10
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
Concerns & Questions
Name: ………………………. Robert O’Conner
Date: …………………………. March 3rd, 2021
Address: ……………………. 20292 Riverside Drive Newport Beach, Ca 92660 (directly next to proposed site)
Regarding …………………. Friends of Newport Beach Animal Shelter project at 20282 Riverside Drive
Newport Beach, Ca 92660.
My name is Robert O’Conner I have lived on Riverside Drive for the past 14 years with my wife
and three kids and have watched this street slip into looking less and less like the neighborhood we
moved into. This neighborhood was designed for residents who have a passion for animals (Dogs &
Cats). For the first 7 years it was filled with owners that mostly lived in the residence and ran a business
in the back section of the property which was designed for the kennel part of the residential kennel
zoning. All business that was conducted was conducted in the back of each property to keep the
inconvenience away from the other homeowners. You could have walked down the street most of the
day and not known that the kennels existed. Now we have 100+ dogs of all sizes walked within our
neighborhood with all types of behavior issues by dog walkers (volunteers) that have little to no
knowledge or control of those behaviors. We are having fewer individual residents running small well-
run kennels to having large rescues, shelters and new businesses (kennel delivery service) that are too
large for a small neighborhood like ours. I believe a Newport Beach no kill animal shelter will just push
this neighborhood further over the edge to the determent of the few that are still raising kids on this
street and would like to see it improve not get worse and less safe. We know this to be true as we have
lived next to the current Newport Beach shelter and business is conducted out front of the property and
in some cases in front of our property. Adoption groups have decided this street (in front of the
residential properties) is a great place to conduct their adoptions. There are many difficulties of having
these types of businesses pop up and putting a shelter that is open to the public and has no residence
and is vacant at night is just going to bring more of the same in the future and the only people it hurts is
the residents raising their family and living in their home.
Please understand there has been little to no notice to provide information for this hearing. I don’t
believe there was an adequate amount of information given to the homeowners in the surrounding
areas.
The actual residents are the only ones that are affected by these changes and I do not mean employees
being paid to live on the property. We deserve that all the issues are looked at properly before moving
forward with completely changing the entire look and feel of our neighborhood.
I would also request that the leadership of the Newport Animal Control be reviewed on how they
interact with residents. Issues and complaints are ignored and pushed to the side. Animal control
oversees and issues us our licensing and has the power to suspend or cancel or limit those licenses and
them being a neighbor with that kind of power creates friction.
❖ Residential status and overall look of neighborhood.
• Large signs on properties and vehicles that are a nuisance to homeowners.
• Unsupervised properties at night
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
• Conducting business in the front of properties infringes on the rights of the
residents on the street.
❖ Parking
• Employee parking (bigger businesses mean more employees)
• Company owned vehicles parked on Riverside Drive and throughout
neighborhood.
• Volunteer dog walkers parking cars for 1-2 hours at a time.
• People visiting or looking to adopt dogs.
• Dog owners coming to claim their pets.
• All the above makes regular drop offs and pickups even more difficult all current
businesses.
• Lack of parking leads to individuals illegally parking in residents’ driveways or
blocking residents’ driveways.
❖ Traffic
• Increased every year due to the type of businesses that are added to our street
with no real guidelines for managing added issues.
• Number of cars creates a safety hazard for all the other activities that are
conducted on Riverside Drive due to and increase in rescues and shelters.
• Speed control (drivers are unaware of the hazard of speeding and no deterrents
put in place).
❖ Safety
• Injuries have occurred to residents and visitors due to excessive dog walking by
unqualified individuals.
• Dog owners visiting Newport Beach Animal Control after hours in order to
retrieve their pets have been loud and frustrated/irate because they are unable
to do so. Since there is no personnel those individuals come to 20292 Riverside
as the direct neighbor and having our lights on have received at least 5 visits
from upset and frustrated dog owners.
• Newport Beach Animal Shelter has had to call the police on more the a few
occasions to either calm down or remove angry dog owners.
• Rescues & shelters bring many unknown individuals to our neighborhood which
decreases the safety of our children and residents.
❖ Noise level
• Barking late at night and early in the morning, no attempt to control noise level
especially at rescues or shelters due to large amounts of foot traffic in and out
of facilities.
• Rescues and or shelters are not kept as quiet as a privately owned kennel are.
• No kennel building is completely soundproof and there needs to be night
supervision.
• Noise level effects the direct neighbors of said rescues and shelters at a much
higher level and is not addressed.
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
❖ Property Values
• Property value will be affected being a direct neighbor to this out of place
commercial office building stuck into a residential neighborhood.
• This will open the door to other buildings/businesses just like it.
Who on the board wants to live next to an animal shelter? For the record it is not
what we moved into!
The above Items have not been addressed. Newport Beach planning commission
needs to address all issues and then review all possible changes with all effected parties
before moving forward on any projects like the current proposed Animal Shelter.
Thank you for your time and for listening to the actual individuals that will be affected by your
decisions.
Robert & Merlaina O’Conner
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Margaret Maas
To:Planning Commissioners
Subject:Project File No. PA2020-349, 3/4/21 public hearing
Date:Wednesday, March 3, 2021 4:09:31 PM
Attachments:M. Maas to Planning Commission re Project File No. PA2020-349.pdf
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Please see attached my letter and comments re the application for a conditional use permit re
20282 Riverside Dr., Newport Beach, Project File No. PA2020-349, to be considered at the public
hearing March 4, 2021, 6:30 p.m.
Thank You for your consideration
Margaret Maas
Owner, 20301 Riverside Dr.
Newport Beach, CA
949/374-1002
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Charles Klobe
To:Planning Commissioners
Subject:PC Meeting 3/4/21 Agenda Item 5
Date:Wednesday, March 3, 2021 4:10:21 PM
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Good day Mr. Chairman and Members of the Planning Commission,
I support the Staff recommendation for the FONBAS project and hope that you approve this
pursuant to the Staff report.
Thank You For Your Service,
Charles Klobe
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
From:Jeff Schneidewind
To:Planning Commissioners
Subject:Comments re: Proposed City Animal Shelter PA2020-349, Activity no. UP2020-193
Date:Wednesday, March 3, 2021 4:32:26 PM
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Comments from Jeffrey Schneidewind and Julie Schneidewind, residents of property
bordering proposed FONBAS Animal Shelter (PA2020-349) regarding Conditional Use
Permit no. UP2020-193 request.
March 3, 2021
Dear Planning Commission members,
We own and reside at the fully-residential property at 20281 Kline Drive, immediately
behind the proposed shelter site. While we fully support the City’s efforts to establish its
own shelter, we feel this is not the proper location. Further, we wish to call attention to
inaccurate and misleading statements in the resolution and the staff report, and suggest the
process be postponed until these can be corrected, at least. However, we feel the City can
certainly find a better location to establish this service.
We own rescue pets and have followed generally the city’s efforts to open its shelter. We
adopted our dog from the Irvine shelter as a third-strike returnee, meaning he would have
been euthanized if we returned him or if he was not adopted. We have also adopted cats
from Irvine, whose shelter, incidentally, is properly located in an industrial area. We have
also had several rescue pets from Northern California, and twice, we have rescued cats
abandoned by Newport Beach neighbors who moved away, leaving the cats behind to
fend. Given that we’ve lived on this property since 1993, we’ve had to take deceased pets
to the county facility several times. Again, we understand the need.
While there were noise problems in the past from the kennels on Riverside Drive, most
current owners have done an exceptional job keeping the dogs quiet. However, the status
quo is greatly overstated in the resolution and in the staff report.
For example, the current, temporary site of the City shelter is, in fact, noisy compared to the
residential kennels. We haven’t complained because it’s currently far enough away from us
to avoid nuisance levels. But, when we do hear dogs barking, they are often the shelter
dogs. Will the new kennels, just 25 feet from our back wall, deaden noise sufficiently,
especially if the dogs begin howling after hours, when staff have left?
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
Further, the nature of Riverside Drive has changed in recent years, and this isn’t reflected
at all in the documents. Start-up day care and dog walking businesses have replaced what
used to be mostly dog breeders. For years after we moved in, there was only one regular
day-care kennel on Riverside. Breeders tend to have very few visitors, but the conversion
to boarding kennels has increased traffic in the neighborhood to the point where it can be
dangerous to walk or drive on Orchard Drive during “rush hours” as pets are dropped off
and picked up, and throughout the day as dog walkers cross and walk along the street
itself, sometimes seeming oblivious to approaching cars.
The resolution and report documents also contain several other incorrect and/or misleading
statements:
The documents repeatedly use “Commercial Nursery Overlay” to describe the
properties bordering the site to the Southeast. However, there are currently no
nurseries on our side of Kline Drive. There are, instead, six residences. While we
understand this is a zoning designation, there is currently only one nursery remaining
on the opposite side of the street, and we were told when we were annexed, by then
Asst. City Manager Dave Kiff, that these businesses would be grandfathered out as
they changed hands or closed. In other words, the neighborhood has, since
annexation, become more residential, but the documents create the impression there
are businesses everywhere.
In Section 3 of the proposal, there is at least one opinion listed repeatedly as a fact.
Under Finding A, Fact 1, “Although the Project would not provide a residential use, a
public animal shelter use would exist in harmony with neighborhood (sp).” This is
echoed in Finding C, Fact 7: “Given the nature and proximity of the nearby uses, the
Project would not introduce a negative effect to the area…” Again, it appears as Fact
1 under Finding E: “...the size and operation of the public animal shelter would
integrate well with other commercial kennels that are allowed to operate in the
neighborhood.” It’s misleading and seems underhanded to keep repeating this
opinion among the actual facts.
In several places, including Finding A, Fact 1, the document describes the residential
kennels in terms of normal businesses with employees and customer traffic. In fact,
the kennels impacting our home have been strictly family businesses and the former
owner of the proposed shelter site was a breeder who rarely saw customers. The
concept of animal breeders is completely omitted from the documentation.
Under Finding C, regarding design and use compatibility, most of the facts address
the front and sides of the property, and the only section describing the back, where
we are, contains errors. Under Fact 7, after another misleading description of
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
Commercial Nursery Overlay zoning, it says the properties on Kline Drive have
“...detached horticultural structures that serve as a buffer between residences and the
subject use.” This is a complete fabrication; there are currently no horticultural
structures on Kline Drive.
“Fact 7” says “The nearest habitable portion of the N (Commercial Nursery Overlay)
residences are around 65 to 85 feet away from the proposed dog kennels on-site.”
It’s true that our house, buffered only by the wall separating the properties, will be
about 65 feet away. But we also spend a great deal of time in our backyard, which
we’ve developed to include several covered seating areas, a small art studio, and a
vegetable garden. While we don’t sleep there, we certainly inhabit it during much of
the daytime. The “65 to 85 feet away” statement seems intentionally misleading given
these facts.
The documents frequently refer to “the block” or “the vicinity”. However, the report
uses these words to describe only the addresses on Riverside Drive, not those on
Orchard or Kline drives. Under Finding C, Fact 3 states, “Properties within the vicinity
of the project site are generally developed with single-story residential structures and
an intermixing of small-scale commercial buildings occupied primarily by other kennel
operations.” This makes it seem like commercial buildings are all over the
neighborhood, which is not true.
Getting picky, but even the directions used in the report can be misleading. Streets
and property lines are all on a 45° diagonal to cardinal compass points, but the
documents, for example, refer to our street only as “to the East,” even though
Orchard Drive is also to the East. Only cardinal compass points are used. In fact,
Kline is Southeast, and Orchard is Northeast.
In 1993, when we first moved to Kline Drive (from Del Mar Ave, just a few blocks away) as
renters, the unincorporated neighborhood was blighted and reeling from the 1980s airport
expansion lawsuits. Kline Drive was a non-maintained dirt road, half the houses were
vacant, and landscaping businesses dominated. Since then, the landscaping businesses
have mostly moved out, residents organized to deed the street to the County so it could be
improved and maintained, we further organized to advise in the annexation process, and
we have all since invested a great deal into renovating and updating our houses.
Given that the neighborhood has now become almost completely residential except for
Riverside Drive and the nursery on the northwest side, does the City really want to
introduce operations that could very well add pressure in the opposite direction? A public
shelter is a very different thing from a city yard, especially in terms of property values.
What happens in the future, when the shelter becomes full and more capacity is needed?
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
With all the high-density infill projects in the area, the number of pets needing shelter is
likely to increase, and the City is sure to try first to expand operations of their own shelter
rather than relocate.
Ultimately, the several misleading concepts and fabrications repeated throughout the
document lead us to conclude that this is already a done deal, and obviously, given that the
project proposal, review and approval, and the shelter operations and oversight will all be
handled by the City, it makes some sense that everyone seems to have rubber-stamped
the steps in the process necessary for this solution.
We just ask that everyone pause, step away from the warm glow of a problem seemingly
solved, and reconsider options. Look behind the curtain created by the vague language
and consider the residents like us who live in close proximity. Now that FONBAS has
raised the money, we ask that you please look at more appropriate locations for a public
shelter.
We wish someone had reached out to us much earlier than the legal limit of last Tuesday,
when we first heard of the proposal. Wouldn’t the project have been stronger with more
participation? At least the resolution and report might have been more accurate.
To the commission, we ask that you please deny this proposal in favor of a better site. The
City needs a quality facility with room to grow, but this site is not such a place. We have
lived here for years and invested a great deal in improving the neighborhood. Please don’t
drag it back down.
Thank you in advance for your careful consideration.
Sincerely,
Julie and Jeffrey Schneidewind
Planning Commission - March 4, 2021 Item No. 5b Additional Materials Received
Friends of the Newport Beach Animal Shelter (PA2020-349)
FONBAS Animal Shelter
CUP 20282 Riverside Drive
Planning
Commission
Public Hearing
March 18, 2021
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Aerial Map
Community Development Department -Planning Division 2
Newport
Beach Golf
Course
I-73Santa Ana
Country Club
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Surrounding
Uses
Community Development Department -Planning Division 3
Cliff Haven
Single-Family Zone
Balboa Bay Club
Planned Community
The Bluffs Shopping Center
Newport North Shopping Center
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Applicant’s
Request
Community Development Department -Planning Division 4
•Demolish existing
residential kennel
•Construct a new public
animal shelter for cats
and dogs and donate
to the City’s NBPD
•1,565 sq. ft.
facility
•755 sq. ft. kennel
•4 off-street,
surface
parking spaces
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Purpose and
Intent of RK
District
Community Development Department -Planning Division 5
The RK District is established to
provide for the development
and maintenance of a
neighborhood which includes
single-family residences in
conjunction with commercial
kennel businesses.
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Project
Characteristics
Appearance of a home
Typical business hours
Fewer number of dogs
Sound attenuated
Parking on-site
Complies with standards
Community Development Department -Planning Division 6
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
CUP
Findings
Consistent with General Plan
and Zoning
Compatible with nearby uses
Physically suitable for
development
Not detrimental
Community Development Department -Planning Division 7
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Existing
Development
8Community Development Department -Planning Division
•Residential Kennel
•One-Story
•Nonconforming parking
•Nonconforming
accessory structures in
rear yard
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Proposed
Project
Community Development Department -Planning Division 9
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Community Development Department -Planning Division 10
Setback
Setback
Setback
Parking
Dog Play
Area
Meeting
Yard
Dog Kennel
Dog Play Area
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Conditions of
Approval
Community Development Department -Planning Division 11
Substantial Conformance (No. 1)
Future uses subject to RK
standards (No. 8)
Number of employees and hours
of operations (Nos. 9 & 11)
Maximum of 29 dogs (No. 10)
Signage for after-hours
emergency contact (No. 7)
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Recommended
Action
Conduct a public hearing
Find project exempt from CEQA (Class 3
New Construction)
Adopt Resolution No. PC2021-006 approving
Conditional Use Permit No. Up2020-193.
Community Development Department -Planning Division 12
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
For more
information
Contact Questions?
Patrick Achis, Assistant Planner
949-644-3237
pachis@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 13
Planning Commission - March 4, 2021 Item No. 5c Additional Materials Presented at Meeting by Staff Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
BOARD OF DIRECTORS
Build a brighter future for animals and their families.
Tom Fischbacher
Jean Watt
Vice President Walter Howald
Treasurer
Evelyn Hart
Jonathan Langford
President
Robyn Grant Eva Le Bon
Sharon Esterley
Secretary
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
ENGAGE ONLINE
@friendsofnbanimalshelter
@friendsofnbanimalshelter
SOCIAL MEDIA
SIGN UP FOR THE SHELTER EMAIL NEWSLETTERwww.fonbas.org
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
“Similar to the Friends of OASIS and Friends of
the Library,
FONBAS’mission is to build on the already
excellent work the City of Newport Beach
does to help each animal put its
best paw forward.”
Evelyn Hart
FONBAS Board Member & Former Newport Beach Mayor
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)
Planning Commission - March 4, 2021 Item No. 5d Additional Materials Presented at Meeting by Applicant Friends of the Newport Beach Animal Shelter (PA2020-349)