City of Del Mar Planning Commission Del Mar Communications Center 240 Tenth Street, Del Mar, California

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1 City of Del Mar Planning Commission Del Mar Communications Center 240 Tenth Street, Del Mar, California Tuesday, June 9, :00 p.m. Ted Bakker Chair Lani Curtis Vice Chair Nancy Sanquist Commissioner Mark Corcoran Commissioner Don Countryman Commissioner Kathleen A. Garcia, Planning & Community Development Director Adam Birnbaum Planning Manager Katie Benson Assistant Planner Agenda It is the intention of your Planning Commission to be receptive to your concerns about your community. Your participation in local government will assure a responsible and efficient City of Del Mar. Regular Meetings of the Planning Commission are generally held on the second Tuesday of the month, beginning at 6:00 p.m. For further information regarding the scheduling of meetings or meeting agendas, check the City s web-site at or call the Planning Department s office at A full Planning Commission agenda packet with all backup information is available at City Hall, the Del Mar Library, and on the City s web site the Friday before each Planning Commission meeting. Unless otherwise noted, for items on the agenda, applicants and their team of representatives shall limit their [total] presentations to 10 minutes or less. Other speakers may address the Planning Commission for three minutes each. Please submit a Request to Speak form to the staff member prior to the Chair announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. The Agenda item number being addressed should be indicated on the speaker slip. The Chair will call you forward at the appropriate time. The applicant or authorized representative must be present in order to ensure action by the Commissioners. Meeting will end at 11:00 p.m. unless extended by a majority vote of the Commissioners. If all the items on the agenda are not heard, the remaining items will be heard the following Tuesday (if facilities are available) at Del Mar TV Channel 24 located at th Street. When addressing the Planning Commission, please step forward to the lectern and state your name and address for the record. Whenever possible, lengthy testimony should be presented to the Commissioners in writing and only pertinent points presented orally. Consent Calendar: The Consent Calendar is considered by the Planning Commission near the beginning of the agenda. Items placed on the Consent Calendar will be approved in accordance with the staff recommendations for the item unless removed from the Consent Calendar by Commissioners, staff, or a member of the public. If you wish to keep an item from being placed on the Consent Calendar, please submit a Request to Speak form to the staff member prior to the meeting or be prepared to indicate an objection to the placement on the Consent Calendar when the Chair or staff asks if there are any objections to approval of the Consent Calendar. City of Del Mar, 1050 Camino del Mar, Del Mar, CA Phone: Fax:

2 Planning Commission Meeting June 9, 2015 Agenda Page 2 of 4 This notice will be the only written notice sent. Items, which are continued by the Planning Commission from one Planning Commission meeting to another date certain meeting date, will not be renoticed through the mail. Final action - the decision of the Planning Commission is final unless a written appeal is filed with the City Clerk, accompanied with a processing fee, within ten (10) working days from the date of notice of the action taken on the application. An approved permit shall not be valid until the 10-day appeal period has expired. The appeal is then forwarded to the City Council, which determines at the Initial Consideration whether to reject the appeal, thereby upholding the Planning Commission s decision, or to set the matter for a subsequent date for a new (de novo) public hearing review. If a de novo public hearing is set by the City Council, an additional fee will be required. Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk s office at 1050 Camino del Mar, or by calling Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. As a courtesy to all meeting attendees, please set cellular phones and pagers to silent mode and engage in conversations outside the Commissioners Chambers. Note: The entirety of the City of Del Mar is located within the Coastal Zone. Some of the development projects listed on this agenda, as noted, require the receipt of a Coastal Development Permit. Some of these projects may also lie in what is known as the Coastal Development Appeals Area. For the projects located in the appeals area, the City s action on the requested Coastal Development Permit may be appealed to the California Coastal Commission. An appeal may be filed with the Coastal Commission within the ten calendar days following the Coastal Commission s receipt of a notice from the City of its final action on the Coastal Development Permit application. However, before an appeal may be filed with the Coastal Commission, the City s action on the CDP application must be final, meaning that all of the City s [separate and internal] appeals processes must first be exhausted. ROLL CALL APPROVAL OF MINUTES UPDATE PLANNING COMMISSION/STAFF DISCUSSION (Non-Application Items) HEARING FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA (Oral Communications) DISCUSSION AND BRIEFING (Application Items) CONSENT CALENDAR: The Planning Commission at the beginning of the meeting can place any item on the agenda upon the Consent Calendar. Consent Calendar items are not subject to public testimony. If you have a concern and wish to present information to the PC, you must be present at the beginning of the meeting to ensure the item will not be placed on consent, or write a letter to the PC prior to the meeting expressing why the application should be taken off the Consent Calendar.

3 Planning Commission Meeting June 9, 2015 Agenda Page 3 of 4 CONTINUED APPLICATION(S): ITEM 1 CUP APN: Location: 2132 Jimmy Durante Blvd. Owner/Applicant: Pamela Stonebreaker Owner Agent: Steven Mira and Layne Fournier, Animal & Bird Hospital of Del Mar Zone: North Commercial (NC) Environmental Status: Exempt Contact Person: Joseph Smith, AICP, Senior Planner Description: A request to modify an existing Conditional Use Permit (CUP-86-4) to allow kennel use and day, overnight, and extended boarding of dogs and cats associated with an existing veterinarian clinic (Animal & Bird Hospital of Del Mar). The request would result in both a new CUP and a Modification to the previously-issued CUP. NEW APPLICATION(S): ITEM 2 V APN: Location: 2007 Santa Fe Ave. Owner/Applicant: Jeff Kelley Owner Agent: Bob Scott, RJS Planning Zone: RM-West Overlay Zone: Floodplain Overlay Zone Environmental Status: Exempt Contact Person: Matt Bator, AICP, Senior Planner Description: A request for a Variance from Del Mar Municipal Code (DMMC) Section to allow previously constructed concrete retaining walls and gates to exceed maximum height limits within front and street side yards and from Section to allow previously constructed permanent landscape features, a spa, and overhead structures within the otherwise required front, side, and street side yard setbacks.

4 Planning Commission Meeting June 9, 2015 Agenda Page 4 of 4 ITEM 3 CUP V CDP Prior to the meeting, item continued, date-certain, to the July meeting. APN: Location: 2194 San Dieguito Dr. Owner/Applicant: Jason and Megan Tackitt Owner Agent: Greg Jordan, Designatarium Zone: R1-40 Overlay Zone: Bluff, Slope and Canyon Overlay Zone, Lagoon Overlay Zone Environmental Status: Exempt Contact Person: Katie Benson, Assistant Planner Description: A request for a Conditional Use Permit for the encroachment into steep slope setbacks of three detached accessory structures; a Variance from Del Mar Municipal Code (DMMC) Section C1c to allow the previously constructed single-family residence within the required side yard setback; and a Coastal Development Permit to allow three (3) existing accessory structures, one to be reconstructed, on a developed site in the R1-40 Zone and Bluff, Slope and Canyon and Lagoon Overlay Zones. * Note: This project is located in the Coastal Commission s appeals area. ADJOURNMENT I, Katie Benson, Assistant Planner for the City of Del Mar, certify that a copy of the foregoing was posted at the Del Mar City Hall on Thursday, June 4, Katie Benson, Assistant Planner Planning and Community Development Department

5 City of Del Mar Planning Commission Wednesday, May 13, 2015 Action Minutes ROLL CALL 6:00 p.m. Present: Chair Bakker, Vice Chair Curtis, Commissioners Corcoran and Sanquist Absent: None. Staff: Senior Planner Bator, Senior Planner Smith APPROVAL OF MINUTES UPDATE: MOVED BY COMMISSIONER CORCORAN, SECONDED BY VICE CHAIR CURTIS, TO APPROVE THE MINUTES OF THE PLANNING COMMISSION MEETINGS HELD ON MARCH 17, 2015 AND APRIL 14, VOTE: 4-0 Senior Planner Bator gave an update on the newly selected Planning Commissioner Don Countryman and stated that he will start his term at the meeting in June. He also gave an update on the project at 929 Border Avenue explaining that the City Council approved all of the Planning Commission s recommended actions to approve the project and certify the MND. He stated that the introduction of the signage ordinance, which they recommended for approval, would be taken to City Council on June 1, Chair Bakker asked if there was any mention of a rolling public access easement for the 929 Boarder Avenue property. Senior Planner Bator confirmed that a rolling easement was placed on the property as well as a lateral access easement. PLANNING COMMISSION/STAFF DISCUSSION (Non-Application Items) None. HEARING FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA (Oral Communications) None. DISCUSSION AND BRIEFING (Application Items) Senior Planner Bator noted that Item #1 and Item #2 have been continued date certain to the June meeting and gave a briefing on the remaining three items. He also stated City of Del Mar, 1050 Camino del Mar, Del Mar, CA Phone: Fax:

6 Planning Commission Wednesday, May 13, 2015 Minutes Page 2 of 10 that Item #3 was eligible for the consent calendar while Item #4 & #5 were not eligible for the consent calendar. Commissioner Curtis asked for an update on the Jimmy Durante sidewalk project and asked if the schedule of completion was on time and if they will have any left over money left in the budget from this project to spend on others. Public Works Director Minicilli stated that the City won a grant for the sidewalks on Villa de la Valle. He also stated that they were able to expedite the process but that there will be no extra funds for projects on the south end of town. Chair Bakker asked about the drainage ditch around the tennis courts. Public Works Director Minicilli explained that the goal is to put in drainage piping and possibly cover up the ditch to become usable land for parking or other uses. CONSENT CALENDAR: The Commission placed item #3 on the Consent Calendar. MOTION BY VICE CHAIR CURTIS, SECOND BY COMMISSIONER CORCORAN TO APPROVE THE CONSENT CALENDAR CONSISTING OF AGENDA ITEM #3 PER THE STAFF RECOMMENDED FINDINGS AND CONDITIONS. VOTE: 4-0 TEN DAY RIGHT OF APPEAL ITEM 3 10-year CIP Conformance Finding Item moved to and approved on the Consent Calendar, per the staffrecommended findings and conditions Location: City-wide Applicants/Owners: City of Del Mar Environmental Status: Exempt Contact Person: Joe Bride, Deputy Public Works Director Description: Discussion and determination of whether the proposed City of Del Mar 10-year Capital Improvement Plan is in conformance with the Community (General) Plan.

7 Planning Commission Wednesday, May 13, 2015 Minutes Page 3 of 10 NEW APPLICATION(S): ITEM 1 V Prior to the meeting, item continued, date-certain, to the June meeting ITEM 2 CUP V CDP Prior to the meeting, item continued, date-certain, to the June meeting APN: Location: 2007 Santa Fe Ave. Owner/Applicant: Jeff Kelley Owner Agent: Bob Scott, RJS Planning Zone: RM-West Overlay Zone: Floodplain Overlay Zone Environmental Status: Exempt Contact Person: Matt Bator, AICP, Senior Planner Description: A request for a Variance from Del Mar Municipal Code (DMMC) Section to allow previously constructed concrete retaining walls and gates to exceed maximum height limits within front and street side yards and from Section to allow previously constructed permanent landscape features, a spa, and overhead structures within the otherwise required front, side, and street side yard setbacks. APN: Location: 2194 San Dieguito Dr. Owner/Applicant: Jason and Megan Tackitt Owner Agent: Greg Jordan, Designatarium Zone: R1-40 Overlay Zone: Bluff, Slope and Canyon Overlay Zone, Lagoon Overlay Zone Environmental Status: Exempt Contact Person: Katie Benson, Assistant Planner Description: A request for a Conditional Use Permit for the encroachment into steep slope setbacks of three detached accessory structures; a Variance from Del Mar Municipal Code (DMMC) Section C1c to allow the previously constructed single-family residence within the required side yard setback; and a Coastal Development Permit to allow three (3) existing accessory structures, one to be reconstructed, on a developed site in the R1-40 Zone and Bluff, Slope and Canyon and Lagoon Overlay Zones. * Note: This project is located in the Coastal Commission s appeals area.

8 Planning Commission Wednesday, May 13, 2015 Minutes Page 4 of 10 ITEM 4 CUP APN: Location: 2132 Jimmy Durante Blvd. Owner/Applicant: Pamela Stonebreaker Owner Agent: Steven Mira and Layne Fournier, Animal & Bird Hospital of Del Mar Zone: North Commercial (NC) Environmental Status: Exempt Contact Person: Joseph Smith, AICP, Senior Planner Description: A request for a use modification to existing Conditional Use Permits (CUP-86-4 and 01-01) to allow day, overnight, and extended boarding of dogs and cats as part of the Animal & Bird Hospital s business operations. Senior Planner Smith presented the staff report.. Chair Bakker asked about other uses that are allowed in the NC zone. Senior Planner Bator elaborated on the uses that are allowable in the NC zone. Chair Bakker asked who would be preparing the noise attenuation plan. Senior Planner Smith explained that the applicant would be responsible for preparing the plan. Chair Bakker asked if there had been previous complaints about the facility from residential properties. Senior Planner Smith stated that over the last three years, five complaints came from commercial properties but a sixth complaint was anonymous. Chair Bakker asked if they do keep animals overnight at this point. Senior Planner Smith stated that they are currently doing overnight stays for medical reasons such as surgery and veterinarian supervision. Commissioner Curtis asked if they had been providing regular boarding other than boarding for medical reasons. Senior Planner Smith explained that, to his knowledge, they had not been doing overnight boarding other than for medical reasons but indicated that the Commission should ask the applicants to confirm. Commissioner Sanquist asked if the lack of residential complaints was due to residents believing that boarding was an allowed use already and permitted by the City Senior Planner Smith explained that the existing use was permitted in 2001, however, he could not elaborate on whether they had been following the allowances in that approval or acting outside of the approval. Disclosures Chair Bakker visited the site and toured the facility.

9 Planning Commission Wednesday, May 13, 2015 Minutes Page 5 of 10 Commissioner Corcoran none. Commissioner Sanquist none. Vice Chair Curtis none. Steve Mira and Layne Fournier of Animal and Bird Hospital of Del Mar, 2132 Jimmy Durante Blvd, explained the intent of the use they are requesting. They also explained their capacity and how many pets could actually be outside per night if they were at maximum capacity. Additionally, they reviewed some of the complaints that have been raised and how they have addressed and plan to mitigate noise more in the future. Chair Bakker asked what percentage of their clients are residents of Del Mar. Steve Mira stated that he does not know for sure how many are residents but believes it to be about 75% of all of his clients. Chair Bakker asked for an explanation of the complaint log that they keep. Steve Mira stated that they keep a log of complaints and they happen to come up more on Wednesdays which is their busiest day. Chair Bakker asked if they have ever had residents come in and complain to them. Steve Mira stated that no residents have ever come down and complained to them. Layne Fournier explained that in addition to no neighbors complaining they have reached out to the neighbors in the past and encouraged them to call if they had concerns. Commissioner Corcoran asked how long they have owned the business. Steve Mira stated that they have owned the business for three and a half years. Public Hearing opened Annette Wiesel, 2139 Heather Lane, believed that this facility was an already approved kennel and stated that now that she realizes it is not an approved use, she would like it to not be approved by the City. Chair Bakker asked if the dog barking had ever woken her up in the middle of the night. Annette Wiesel stated that it has never woken her up in the middle of the night but that it has woken her in the morning. Commissioner Corcoran asked if she had boarded the dogs in the facility within the last three and a half years with the current owners. Annette Wiesel explained that she had. Vice Chair Curtis asked if it is possible for the dogs to be out of the facility at night, rather than during business hours. Chair Bakker stated that it was not possible.

10 Planning Commission Wednesday, May 13, 2015 Minutes Page 6 of 10 Chair Bakker asked if what they were asking for is overnight boarding. Arnold Wiesel, 2139 Heather Lane, explained that everyone in their neighborhood thought that this kennel was an approved use already in the City. He also stated that the barking is always happening and that they have been boarding dogs for some time. Chair Bakker asked how long he has lived there and if they have contacted the owners of the Animal Hospital. Arnold Wiesel stated that he has never gone down there to talk to the owners. Senior Planner Bator clarified that the expansion of the facility in 2001 was approved and the basis on which they currently operate under. Al Corti, 1955 Jimmy Durante, stated that he was concerned with the idea of letting this facility board up to 55 dogs at a time. He had concerns with the use and its lack of compatibility with the surrounding areas. Rebuttal Steve Mira and Layne Fournier, 2132 Jimmy Durante Blvd, explained mainly that they want to provide this service to their clients and stated that when they bought the business they were under the impression that they bought the business with regular boarding as an already allowable use. Additionally they elaborated on sanitation and possible mitigation of sound for the neighboring properties. Al Corti stated that although they do not currently have space for 55 dogs, but this permit would allow it. Steve Mira and Layne Fournier, asked if they could tie the kennel use to the veterinarian hospital so that they could never shift the use to a full kennel facility. Senior Planner Smith stated that it was possible to do that through a condition of approval. Senior Planner Smith elaborated on the previous approvals and the difference between them. Public Hearing Closed Deliberation Vice Chair Curtis stated that she believes it is a legitimate use for the property but would like it to be restricted so that it could never be solely a kennel. Commissioner Sanquist stated that she believes that the noise will be an issue and stated that noise mitigation is a very complicated science. Commissioner Corcoran asked if there was some way that they could remove the permitted use if they were to receive complaints down the line.

11 Planning Commission Wednesday, May 13, 2015 Minutes Page 7 of 10 Senior Planner Smith stated that they could do a one-year period where they would come back for a review by the Planning Commission. Senior Planner Bator stated that the City Council can revoke the Conditional Use Permit if they do not comply with their conditions. Chair Bakker asked if there is some way that they can measure the noise of the dogs there. Commissioner Corcoran stated that the fact that there are people here to speak on the kennel and the noise proves that there is a problem. Senior Planner Smith stated that the noise can be measured, studied and then appropriate mitigation could be determined. Commissioner Corcoran stated that he would rather not require the applicant to hire a sound engineer. Senior Planner Bator explained that they could always continue the item so that the sound could be measured and then reported back to the Commission. Chair Bakker stated that he wonders if the neighbors had complaints going back further in time. Senior Planner Bator explained that a noise study is expensive and recommended that noise equipment be installed by a consultant and monitored. Commissioner Corcoran stated that under that process they will only be given the numbers that currently exist but won t be able to calculate proposed noise of a full business. Senior Planner Bator stated that the point of the conditions in the staff report are to make the use more compatible with the surrounding areas. Chair Bakker stated that he is in favor of the noise study and a continuance. Vice Chair Curtis stated that she is in favor of approving the kennel with conditions that help the surrounding neighbors. Commissioner Corcoran asked if the project was continued if they could revise the conditions. Senior Planner Bator explained that revising the conditions is a possibility and explained how a continuance and sound study would work. MOVED BY CHAIR BAKKER, SECONDED BY COMMISSIONER CORCORAN TO CONTINUE THE PROJECT DATE CERTAIN TO THE JUNE MEETING. MOTION APPROVED VOTE: 4-0

12 Planning Commission Wednesday, May 13, 2015 Minutes Page 8 of 10 ITEM 5 CUP EA APNs: ; ; ; ; ; ; ; ; ; ; ; ; ; ; Location: 15 properties location along the east side of Jimmy Durante Drive between Jimmy Durante Boulevard and the Old Grand Avenue Bridge Owners/Applicants: City of Del Mar, San Dieguito River Valley Conservancy, San Dieguito River Park Joint-Powers Authority, North County Transit District, Southern California Edison, Scarab Corporation, McHugh Trust, and Armstrong- McHugh Corporation Zone: Floodway (FW) and North Commercial (NC) Overlay Zone: Lagoon Overlay Zone (L-OZ) Environmental Status: Mitigated Negative Declaration Contact Person: Joseph Smith, AICP, Senior Planner Description: A request for a Conditional Use Permit to authorize an approximate 2,965 linear-foot extension of the River Path Del Mar trail across 15 parcels east of Jimmy Durante Boulevard with a termination at the Lagoon Viewpoint at the Old Grand Avenue Bridge, installation of trail amenities including seating, signage and fencing, vegetation removal and the establishment of 0.36 acres of Diegan coastal sage scrub, minor grading, and debris removal. The Planning Commission will also consider certification of an associated draft Mitigated Negative Declaration (Environmental Assessment EA15-001) for the project. Senior Planner Smith presented the staff report. Vice Chair Curtis asked if this project is connected with the project on the north side of the lagoon. Senior Planner Smith stated that they are two separate projects. Vice Chair Curtis asked if the pathway is made of decomposed granite (DG). Senior Planner Smith stated that in most places it is composed of DG but also that some places of the path are colored concrete. Commissioner Sanquist asked about the gap of funding, given the aggressive schedule for getting the project completed. Senior Planner Smith explained that there is a funding gap but that there is private fundraising going on, plus possible funding from the City. Disclosures Chair Bakker none. Commissioner Corcoran is on the San Dieguito Lagoon Committee. Commissioner Sanquist none.

13 Planning Commission Wednesday, May 13, 2015 Minutes Page 9 of 10 Commissioner Curtis none. Public Hearing opened David Lawrence, the Wyatt s representative, stated that he believes his client s parcels will be negatively affected by this project. He also stated that the path being created potentially affects his client s rights and uses of their parcels. Chair Bakker asked staff if the current path continues near other privately owned residences and parcels. Senior Planner Smith stated that the path indeed follows along multiple private as well as public parcels but does not extend or include any area of the two private properties owned by the Wyatts. David Lawrence explained that without a true boundary between the trail and his client s property they have a concern about trespassing and the public not realizing that it is indeed private property. Vice Chair Curtis asked staff if there was a plan for the installation of signs that identify where private property ends and begins. Senior Planer Smith stated that they have not created the design of the signs. He also stated that there is some fencing proposed in various sections of the trail to keep users on the designated alignments. John Gillies, 2136 San Dieguito Dr, stated that he has always wanted this area to be restored as wetlands and went into detail about what he would like to see in this area. He also described Coastal Sage Scrub and asked for a provision that the project can be replaced with wetlands at a 1:1 ratio. Senior Planner Smith talked about the Coastal Sage Scrub, the requirement by CEQA to replace and mitigate the impacted habitat and its protection via a land conservation easement. He also stated that the Coastal Commission prefers a like-for-like replacement of impacted habitat and a future change from Coastal Sage Scrub to wetland vegetation was unlikely. Vice Chair Curtis asked if there is a possibility to restore wetlands in the future. Senior Planner Smith stated that there are areas that could be restored as wetlands without changing these approvals, albeit the project would require future entitlements and CEQA review. John Gillies stated that he had spoken to some staff at the Coastal Commission and they seemed amenable to a possible provision stating that the City can replace the Coastal Sage Scrub with wetland vegetation. Trish Boaz, San Dieguito River Valley Conservancy, explained that the Conservancy completely supports the project and that the project has the full support of the Conservancy Board. She also stated that her organization will offer help with the replanting and the monitoring of the Coastal Sage Scrub. Additionally she provided insight on some upcoming funding and reiterated her support for the project.

14 Planning Commission Wednesday, May 13, 2015 Minutes Page 10 of 10 Commissioner Corcoran asked her take on possibly switching up the condition and asking the Coastal Commission if we can swap the Coastal Sage Scrub for wetland vegetation in the future. Trish Boaz stated that the way the project is going now she does not think changing the plan at this point in time is a good thing to do. Rebuttal None. Public Hearing Closed Deliberation Vice Chair Curtis stated that she understands the desire for wetland vegetation in the area, but thinks the City should move forward with what is before them and carry on with the project. MOVED BY COMMISSIONER SANQUIST, SECONDED BY VICE CHAIR CURTIS TO RECOMMEND CITY COUNCIL APPROVAL OF CUP AND CERTIFICATION OF EA MOTION APPROVED VOTE: 4-0 ADJOURNMENT: 8:45 P.M.

15 City of Del Mar TO: FROM: Planning Commissioners and Interested Parties Joseph Smith, AICP, Senior Planner DATE: June 9, 2015 RE: Conditional Use Permit (CUP15-004) 2nd Review Animal & Bird Hospital of Del Mar, 2132 Jimmy Durante Boulevard On May 13, 2015, the Planning Commission reviewed the above-referenced request to modify an existing Conditional Use Permit CUP-86-4 to allow kennel use and day, overnight, and extended boarding of dogs and cats associated with an existing veterinarian clinic (Animal & Bird Hospital of Del Mar). Please note that the request would result in both a new CUP to authorize the regular boarding of dogs and cats and a modification to previously-issued CUP The staff report from the May meeting, which includes a detailed background, project information and correspondence, has been included as Exhibit A. At the May meeting, Commissioners listened to testimony from the applicant and the public on the requested use. The Commission discussed the existing operation of the veterinarian hospital, including the medical boarding of dogs and cats, and past City approvals issued for this site in 1986 and There was a lengthy discussion about the amount of noise generated from barking dogs that are currently placed in outdoor kennels and exercise areas on the site, as well as concerns that the facility has allowed the regular boarding of dogs that were not undergoing veterinarian care. In deliberations, the Commission requested further information from the applicant regarding the amount of noise that is currently generated from site activities and the anticipated change in noise generation that would result with the proposed modification of use. No action was taken and the application was continued, with the applicant s consent, to the June 9, 2015 PC meeting to allow the applicant the opportunity to reach out to the concerned neighbors, consider additional limitations on the requested use, and to prepare a noise study that measured barking dogs at various locations around the site and in the residential hillside area to the southwest. On May 29, 2015, the applicants submitted several items to the City in response to the Commission (Exhibit B). These items include the following: 1. Written synopsis on activities at the site and submitted applications. The synopsis describes the purchase of the business in 2012, the scope of the requested use, and the steps they have taken since the May PC meeting. The synopsis also describes the City s enforcement action on boarding activities in 2014 and the applicants response to the enforcement action. The synopsis provides optional restrictions for the Commission s consideration including maximum indoor (55) and outdoor capacities (21), limitations on the ancillary use of regular boarding (20% of overall revenue), and additional sound attenuation measures Camino Del Mar, Del Mar, California Telephone: (858) Fax: (858) June 9, 2015 Item 01

16 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, Correspondence between the applicants and neighbors Wiesel and Corti following the May PC meeting. 3. Log of noise complaints and responses since the May PC meeting. 4. Additional noise-dampening options. 5. Letter from Pam Stonebreaker, who is the property owner and the previous owner of the veterinarian business. Ms Stonebreaker s letter provides additional background information on the veterinarian business and history of boarding at the facility. 6. Noise Impact Assessment completed by ABC Acoustics, Inc. Noise levels were taken on May 21, 2015 based on ambient and operational noise measurements conducted at various locations along the site s property line and in nearby residential areas. The Assessment describes the methodologies used, noise study results, and noise abatement recommendations, including the installation of a Silent Curtain that would cover all outdoor cages (information on the Silent Curtain is attached to the Assessment). The Assessment states that this provision would reduce the dog barking noise at all noisesensitive residential uses in the area to barely audible levels. The applicant is now returning to the PC with the requested information for a second consideration of the proposed use. Additional Reference Information since the May PC Meeting 1. Code Enforcement Action As discussed at the May PC meeting, there have been six noise complaints filed with City Code Enforcement over the last three years. Five of the complaints were from surrounding commercial businesses with the sixth as an anonymous complaint. However, all the complaints indicate common threads such as Not able to concentrate at work due to noise and Hard to conduct business with clients and dog barking. Since the May PC meeting, staff confirmed that there is an existing, active Code Enforcement case on the site filed under CE (opened September 16, 2014). The action is based on a public nuisance and use violations involving the regular boarding of dogs which was identified during research on the prior noise complaint cases. As observed by the Code Enforcement Officer, information on the facility s regular boarding services was offered on the business website and verified in a phone call to the facility. A letter was sent to the business owners identifying the violations, information on the allowances approved under past CUPs, and requirements for immediate conformance. The facility owner was later fined in March 2015 for non-compliance with the order. In response, the fine was paid and on March 17, 2015, the applicants discussed the filing of a CUP with Planning staff. On April 2, 2015, an application for CUP was filed with the City to request formal authorization for regular boarding. 2 June 9, 2015 Item 01

17 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, City Noise Ordinance Chapter 9.20 of the Del Mar Municipal Code (DMMC) provides regulatory controls on noise within the City. The Chapter provides applicable limits of noise (in decibels) for receiving properties, with additional provisions for public nuisance noise (Section ). Under subsection (C)(3), animal noise is regulated as follows: a. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by any frequent or long continued noise, shall cause annoyance or discomfort to reasonable persons of normal sensitivity in the vicinity. b. The written affirmation by two persons having separate residences that violation of this Section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this Section. It is important to note that Chapter 9.20 distinguishes animal noise from other types of noise. As a result, regulations on the amount or type of animal noise is not regulated through decibel levels, but rather by the prima facie standard noted in subsection (C)(3)(b) and its applicability to subsection (C)(3)(a) which considers any animal or animals which by any frequent or long continued noise, shall cause annoyance or discomfort to reasonable persons of normal sensitivity in the vicinity. 3. Plan Information on Past Conditional Use Approvals As discussed in the May PC report, the City has previously authorized two CUPs for this site. CUP-86-4 was approved by the Planning Commission on October 14, 1986 by Resolution PC The CUP allowed for the sale, taming, training, boarding, grooming, and breeding of exotic birds as an expanded use to an existing veterinarian clinic. The use was sited on the northeastern portion of the property and also included several changes to the interior layout of the veterinarian clinic, incidental outdoor shade structures, landscaping, water feature improvements and a free-flight area. CUP was approved by the Planning Commission on June 12, 2001 by Resolution PC The CUP allowed for a 1,620 square-foot addition to the 3,124 square-foot veterinarian clinic. The addition was located in the northern and western portions of the building and included eight boarding pens, three examination rooms, a food preparation room, bathroom, and a storage room. Additional improvements included a covered entryway with a fountain area and three landscape planters. Copies of both resolutions and accompanying staff reports are included as Exhibit F to the May PC Report (the May PC report is attached as Exhibit A). Staff s research of the plans submitted and approved with the 1986 request, two existing outdoor dog kennels were described on the plans. The first kennel measured 34 feet by 24.5 feet and the second measured 33 feet by 24.5 feet. 3 June 9, 2015 Item 01

18 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, 2015 In staff s research of the plans submitted and approved with the 2001 request showed that the facility s outdoor area included a substantial overhaul which included 11 outdoor boarding pens and one outdoor exercise area. It is staff s understanding that the current outdoor amenities at the facility remain consistent with the areas represented on the 2001 plan set with exception to a second exercise yard area (measuring 12 feet by 31 feet) that is located in the eastern corner of the property. Due to plan copyright requirements, copies of the 1986 and 2001 plans are not included as an exhibit to this report, but will be provided to the Commission under separate cover. The plans are also available for public review during Planning counter hours. Correspondence In addition to the materials submitted by the applicant (Exhibit B), seven items of correspondence have been received on this request (Exhibit C). RECOMMENDATION: Staff recommends that the Commission continue deliberation on the requested use relative to the discussion at the May PC meeting, review the information provided by the applicants, the additional analysis contained in this report, and the recent correspondence received. A factor for the Commission to consider is that, under existing circumstances, activities at the facility are generating noise concerns from nearby businesses and residents. Although granting the requested CUP would constitute an intensification of use at the site, the CUP process also presents an opportunity to require installation of sound attenuation improvements and to comply with sound mitigation operational measures that would otherwise not be required. Should an approval be given by the Commission for the requested use, staff recommends that the Commission include the following conditions. Please note that the recommended conditions have been revised since the May PC meeting. General Conditions: G-3 [Use Authorization Limited] This Conditional Use Permit (CUP) is exclusive to the daytime, overnight, and extended boarding of dogs and cats, and is granted based on submitted plans and a use proposal dated April 2, 2015 and so identified by the staff of the Del Mar Planning Department. Revisions to these plans and/or the use proposal shall require review and prior authorization from the appropriate entities of the City of Del Mar. G-7 [Code Compliance] Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code (DMMC) or other applicable City regulations in effect at the time of this permit issuance, unless specifically waived in this permit authorization. 4 June 9, 2015 Item 01

19 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, 2015 G-13 [Permit Expiration] This permit shall expire three years from the date of approval, expiring on May 13, 2018, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the CUP, or, where no construction is involved, where the holder of the Permit has commenced the use authorized by the CUP prior to its date of expiration. Special Conditions: SC-1 [Indemnification] The permittee/owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Del Mar, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval or permit. The City will promptly notify the permittee/owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense. SC-2 [Conditional Use Permits Revocation/modification of Conditions] In the event that any of the conditions of this permit are not satisfied, the Planning Director shall set a public hearing before the Planning Commission to determine whether the CUP should be revoked. Additionally, upon showing of a compelling public necessity demonstrated at a noticed public hearing, the City of Del Mar, acting through the appropriate entity, may add, amend, or delete conditions of this permit. SC-3 [Requirement for DRB and Building Permits, as applicable] In accordance with the DMMC, implementation of the CUP shall be subject to separate receipt of valid Design Review Board (DRB) and Building Permits, if applicable. Implementation of the CUP granted herein shall be subject to compliance with all terms and conditions of said DRB and Building Permits, if required. The applicant shall verify with the City of Del Mar Building Division if any Building Permits are required for the boarding operations. SC-4 [Posted Parking for Boarding Use] Management shall designate and enforce a minimum of two (2) of the seven (7) parking spaces in front of the clinic (accessible from Jimmy Durante Boulevard) for boarding use exclusively and shall post the spaces for pick-up/drop-offs with a maximum 15 minute time allowance. SC-5 [Disinfectant Protocol Review and Inspection by the Clean Water Manager] Prior to the commencement of boarding activities authorized under this Permit, the applicant shall submit a disinfectant protocol to the City s Clean Water Manager for review and approval. The protocol shall detail the methodologies to be used for disinfectants applied to outdoor areas, including the storage, clean up, washdown, and spill response of the product(s) to be used. The protocol shall be modified as required by the Clean Water Manager in order to ensure compliance with the requirements of the 5 June 9, 2015 Item 01

20 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, 2015 City s current Jurisdictional Runoff Management Plan and DMMC. A site inspection shall be required by the Clean Water Manager prior to the commencement of boarding activities to ensure compliance with the discharge protocol. SC-6 [Signage Requiring Leashed Dogs] Management shall post signs instructing dog owners to keep dogs on leashes until they are inside of the building. No dogs shall be allowed off leash in the parking area or adjacent pedestrian walkways. SC-7 [Sanitary and Trash Maintenance] Management shall keep all indoor and outdoor areas in a sanitary condition and shall schedule frequent trash and waste pick-up as necessary to prevent odors and other nuisances to the surrounding businesses. Management shall maintain free of litter all public areas of the premises under which management has control. SC-8 [Posted Contact Information for an On-call Attendant During Off Hours] Management shall post the contact information for an on-call attendant that will be available to address any concerns that may arise during off hours. The posting shall be onsite, in public view, and maintained with up-to-date information at all times. SC-9 [Noise Attenuation Plan Review] Prior to the commencement of boarding activities authorized under this Permit, the applicant shall submit a detailed Noise Attenuation Plan for review by the Planning and Community Development in order to ensure that adequate sound attenuation measures are installed in outdoor areas to be used by animals. At minimum, sound attenuation materials shall be provided on all fencing and walls around the outdoor kennels and play areas, and include the installation of a Sound Curtain covering all outdoor kennels and play areas. This condition is required in order to ensure that any noise impacts to adjacent uses are adequately mitigated to maximum extent feasible. The specified noise attenuation provisions (dampening foam, planted areas, acoustic sheeting, acoustic panels, Sound Curtain) shall be indicated on the Noise Attenuation Plan. SC-10 [Hours of Operation for Regular Boarding Drop-off and Pick-up] Hours of operation for the drop-off and pick-up of regularly boarded animals shall be limited from Monday through Friday from 7 a.m. to 6 p.m., Saturday from 8 a.m. to 5 p.m., and Sunday from 9 a.m. to 5 p.m. SC-11 [Hours of Operation for Animals Occupying Outdoor Areas] Hours of operation for any animal occupying outdoor kennels and play areas (regardless if the animal is at the facility for veterinarian services, medical boarding or regular boarding) shall be limited from Monday through Friday from 8 a.m. to 5 p.m., Saturday from 9 a.m. to 4 p.m., and Sunday from 9 a.m. to 4 p.m. 6 June 9, 2015 Item 01

21 PLANNING COMMISSION STAFF REPORT: CUP (Animal & Bird Hospital of Del Mar) June 9, 2015 SC-12 [Maximum Animal Occupancy Indoor and Outdoor] The maximum occupancy of animals in outdoor kennels and play areas shall not exceed 21 animals at any time. The maximum occupancy of animals at the facility, including indoor and outdoor areas combined, shall not exceed 55 animals. SC-13 [Regular Boarding Operation as an Accessory Use of a Veterinarian Clinic] The regular boarding of dogs and cats authorized by this Permit shall, at all times, be an accessory use of a veterinarian clinic on the site, which shall remain as the primary use of the facility. In the event that the veterinarian clinic ceases to be the primary use of the facility, in whole or in part, the associated regular boarding of dogs and cats on the site shall cease and the use authorization in this Permit shall become null and void. SC-14 [Medical Boarding Defined and Use] Medical boarding, which includes extended hospitalization, shall remain as an authorized use ancillary to the veterinarian clinic. Medical boarding shall include any pet requiring the supervision of a veterinarian or requiring a treatment or medication prescribed by a veterinarian associated with the following medical conditions: heart, liver, kidney, gastrointestinal disease; and autoimmune conditions; pets requiring injections or prescription medications to be administered by a veterinarian; pets receiving physical or laser therapy that require supervision by a veterinarian; and pets recovering from surgery or sedation/general anesthesia procedures. Respectfully submitted, Joseph Smith, AICP Senior Planner Exhibit A May 13, 2015 PC staff report with exhibits Exhibit B Additional Information from the Applicant including the Noise Assessment Exhibit C Correspondence since the May PC Meeting Exhibit D May 13, 2015 PC action meeting minutes (draft and excerpt) 7 June 9, 2015 Item 01

22 Exhibit A: May 13, 2015 Staff Report and Exhibits City of Del Mar PLANNING COMMISSION STAFF REPORT May 13, 2015 APPLICATIONS: CUP REQUEST: A request to modify an existing Conditional Use Permit CUP-86-4 to allow kennel use and day, overnight, and extended boarding of dogs and cats associated with an existing veterinarian clinic (Animal & Bird Hospital of Del Mar). Please note that the request would result in both a new CUP and a Modification to the previously-issued CUP. OWNER/APPLICANT: Pamela Stonebreaker OWNER AGENT/TENANTS: Steven Mira and Layne Fournier, Animal & Bird Hospital of Del Mar SITE LOCATION: 2132 Jimmy Durante Boulevard ASSESSOR PARCEL NUMBER: COMMUNITY PLAN DESIGNATION: Commercial Service/North Commercial ZONING: North Commercial (NC) ENVIRONMENTAL STATUS: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Department has analyzed the proposal as described below. The Planning Department has found that this project is listed among the classes of projects that have been determined to have a less than significant adverse effect on the environment and are, therefore, exempt from the provisions of CEQA pursuant to CEQA Guidelines Section Existing Facilities. The Planning Department has further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section ). BACKGROUND: The property is zoned NC and has a Community Plan designation of Commercial Service/NC. The property has been used for veterinary services for several decades 1 and continues to be used as a veterinary clinic. The current business is Animal & Bird Hospital of Del Mar (clinic), under operation by Pet Health Partners for the last 3.5 years. Note that the clinic is operated separately 1 Note that past Planning Commission staff reports from 1986 and 2001 discuss a veterinarian clinic existing on the site since 1986, and include a reference that a clinic may have existing on the site since prior to City incorporation. 1 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

23 Planning Commission Staff Report CUP May 13, 2015 from and unrelated to the adjacent business, Free Flight Exotic Bird Sanctuary. However, the two businesses are located on the same parcel and were operated together under previous CUPs approved at the site in 1986 and The clinic offers a full range of veterinary services to dogs, cats and birds. A prior Conditional Use Permit approved by the City in 1986 (CUP-86-4) allowed the boarding of birds for daytime, overnight and extended boarding of birds, with an additional allowance for the sale, taming, training, grooming and breeding of birds. However, staff understands that the clinic no longer sells, tames, trains, grooms, or breeds birds. A subsequent conditional use approval (CUP-01-01) was issued in 2001 to allow a 1,620 square foot expansion to a two-story, 3,124 square-foot building. Total floor area (FAR) on the site is presently 4,744 square feet (4,060 square feet minus the area used for animal holding), which is 21% of the 22,162 square-foot parcel and below the maximum 30% FAR allowance in the NC Zone. The parcel includes 21 parking spaces that are shared between the clinic and adjacent Free Flight business. The clinic s business hours are Monday through Friday from 7 a.m. to 6 p.m., Saturday from 8 a.m. to 5 p.m., and Sunday from 9 a.m. to 5 p.m. (closed on standard holidays). Thirteen full-time and two part-time staff members are associated with the clinic, including four veterinarians, two veterinarian technicians, six veterinarian assistants, two receptionists, and one kennel assistant. However, due to staff scheduling, no more than 10 staff members are present at one time. All surrounding properties are located within the NC Zone and contain a variety of commercial and professional office uses including the Free Flight bird sanctuary, a fitness studio, salons, insurance services, and a construction company (Exhibit B). The nearest residentially-zoned property is located to the south east in the R1-10 Zone at 2148 Heather Lane. This residence is located approximately 200 feet south of the clinic on the opposite (south) side of Jimmy Durante Boulevard. Several other residences are located in this neighborhood along Heather Lane, David Way, and Balboa Avenue. Community Plan and Zoning Code Consistency: The Community Plan and DMMC designations for the Commercial Service/NC Zone allow commercial activities that provide a service to the community. Development in the NC Zone shall be of low intensity and profile, offering a lively open air commercial environment with substantial open space. Pursuant to Del Mar Municipal Code (DMMC) Section (A), kennels are a conditionallypermitted use within the NC Zone. Pursuant to DMMC Section (A), kennels are defined as any lot, building, structure, enclosure or premises whereupon or wherein are kept seven or more dogs, cats or similar small animals in any combination for more than ten days, whether such keeping is for pleasure, profit, breeding or exhibiting, including places where dogs or cats or similar small animals in any combination are boarded, kept for sale or kept for hire. 2 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

24 Planning Commission Staff Report CUP May 13, 2015 PROJECT DESCRIPTION: As previously discussed, the clinic currently offers daytime, overnight and extended boarding of birds pursuant to a conditional use permit (CUP-86-4) issued by the City in The proposed use would extend boarding services for dogs and cats (Exhibit C). The facility is already capable of accommodating the requested use as it contains indoor and outdoor pens, kennels and runs that are frequently used as part of the veterinarian services (Exhibit D). As a result, no modifications to the existing facility would be required as part of the proposed use modification. Note that the clinic currently provides medical boarding for dogs and cats on a limited basis, but this service is only available to animals requiring immediate care and supervision. Hours of operation: The proposed use would allow drop-offs and pick-ups during normal business hours (Monday through Friday from 7 a.m. to 6 p.m., Saturday from 8 a.m. to 5 p.m., and Sunday from 9 a.m. to 5 p.m.). The clinic is closed on standard holidays. The anticipated average length of stay for animals is estimated to be three to five days. Proposed operation: Proposed boarding services would include housing, food, and exercise, in addition to any other services provided by the clinic. The proposed use would not include the grooming, taming, training, sales or breeding of dogs and cats. Cats would be housed indoors and in a separated room located on the second floor of the facility. During normal business hours, dogs would be rotated between outdoor exercise/play yards and runs and indoor kennels. After normal business hours, all pets would be housed indoors for safety and monitored by video surveillance. No supervisory staff would stay in the facility overnight. Staff has included a suggested condition of approval requiring the contact information for an on-call attendant to be posted onsite in public view to address concerns that may arise in off hours. The facility includes the following indoor and outdoor areas for animal boarding: Indoor: 55 indoor cages of various sizes: 28 small cages at 28 x21 x30 10 medium cages at 32 x26 x30 8 large cages at 4 x8 5 extra-large cages at 5 x4.5 4 cat condos at 29 x26 x24 Outdoor: 5 runs at 4 9 x runs at 5 x play areas at 24 x21 and 12 x31 3 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

25 Planning Commission Staff Report CUP May 13, 2015 The outdoor runs and play areas are fenced and open into other enclosed areas to ensure safety. Video surveillance and continuous kennel supervision would be maintained at all times as part of the proposed use. Note that the proposal states that the outdoor runs and outdoor play yards are strictly for daytime use only [and] the number of kenneled pets will not exceed the number of indoor cages available. Proposed operational information has been submitted by the tenants and is included as Exhibit C. The information discusses the outdoor areas being fully-secured and presently equipped with noise attenuation as further discussed under Noise below. The proposal states that strict vaccine and routine testing would be required for all boarded pets, including annual physical examinations, vaccines, fecal analysis, and parasite prevention. The information also discusses the facility s sanitation protocol. Outdoor surfaces are comprised of artificial dog grass that allows drainage of urine into a 6-inch, compacted crushed stone base. Solid waste is regularly collected by staff and disposed of in a tightly-sealed container. As part of the proposed boarding use, all outdoor and indoor surfaces would be power-washed twice daily, at minimum, with a product called KennelSol. The information states that KennelSol is a multi-purpose germicidal detergent and deodorant that disinfects, cleans and deodorizes on contact. It kills 99.9% of bacteria and viruses and nearly all types of fungi. A suggested condition of approval has been included in the resolution that would require the facility s disinfectant protocol, including storage, clean up, washdown, and spill response, would be reviewed by the City s Clean Water Manager to ensure compliance with the requirements of the City s current Jurisdictional Runoff Management Plan and DMMC. Noise: The proposal states that sound attenuation has already been installed in outdoor areas to minimize noise from the outdoor kennels and play areas. Information on the installed material (Acoustifence) is included as Exhibit E. Additionally, the tenants are considering additional sound attenuation on the face of brick walls around the outdoor kennels and play areas that do not have the Acoustifence material. These options include either installing sound-attenuating foam and/or a living planted wall. The tenants state that these two measures [the Acoustifence and additional attenuation on the brick walls] in addition to actively rotating pets between indoor and outdoor play time should leave little to no sound burden on our neighbors. Staff has included a suggested condition of approval requiring the submittal of a Noise Attenuation Plan prior to the commencement of boarding activities. Parking / Access: The subject parcel has sufficient access off of Jimmy Durante Boulevard and the clinic currently includes 21 parking spaces that are shared with the adjacent free flight business. Parking is divided between seven public spaces in front of the clinic that are reserved for patron use only, with the remaining 14 spaces located in the rear. All employees are required to park in the rear spaces. However, patrons may also use these spaces if needed. The proposed use does not necessitate additional off-street parking. However, in order to assure adequate rotation in the parking area, staff has included a suggested condition of approval requiring that a minimum of two of the seven spaces 4 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

26 Planning Commission Staff Report CUP May 13, 2015 in front of the clinic be posted and used exclusively for the boarding use and for pick-up/drop-offs, with a maximum 15-minute parking allowance. CONDITIONAL USE PERMIT: The proposal is subject to the receipt of a CUP due to the requested kennel use in the NC Zone and a use modification from previously-issued CUP Specifically, CUP-86-4 included a condition of approval (Condition 4 on Page 2 of Resolution PC-86-26) that states The proposed use may not be expanded upon, and consists of sales, taming, training, boarding, grooming, and breeding of birds on property Note that previously-issued CUP does not contain any conditions that necessitate a modification of use as part of the requested CUP. Summary of CUP-86-4 and 01-01: CUP-86-4 was approved by the Planning Commission on October 14, 1986 by Resolution PC The CUP allowed for the sale, taming, training, boarding, grooming, and breeding of exotic birds as an expanded use to an existing veterinarian clinic. The use was sited on the northeastern portion of the property and also included several changes to the interior layout of the veterinarian clinic, incidental outdoor shade structures, landscaping, water feature improvements and a freeflight area. CUP was approved by the Planning Commission on June 12, 2001 by Resolution PC The CUP allowed for a 1,620 square-foot addition to the 3,124 square-foot veterinarian clinic. Given the subject parcel s location within the Floodplain Overlay Zone, a CUP was required to authorize the physical expansion of the structure consistent with FEMA base flood requirements. The addition was located in the northern and western portions of the building and included eight boarding pens, three examination rooms, a food preparation room, bathroom, and a storage room. Additional improvements included a covered entryway with a fountain area and three landscape planters. Copies of both resolutions and accompanying staff reports are included as Exhibit F. Conditional Use Permit Findings: Pursuant to DMMC Chapter 30.60, the granting a CUP to authorize a kennel in the NC Zone or to authorize a CUP Modification, specifically to CUP-86-4 s Condition 4 to allow the boarding of dogs and cats in addition to birds, shall be supported by the following findings. Staff s suggested findings for approval have been included in the attached proposed resolution (Exhibit A). 1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located. 2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the 5 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

27 Planning Commission Staff Report CUP May 13, 2015 established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. 3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets. 4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses. 5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan. CONCLUSION / RECOMMENDATION: Staff recommends that the Planning Commission review the proposed kennel use relative to the applicable DMMC sections and required findings as mentioned in this report. In staff s review, the proposed use, site conditions, both the proposed CUP and the modification to CUP-86-4 to allow modified uses appear to be consistent with the provisions of the NC Zone and can also be considered as a modification that would provide a new service to the residents of Del Mar. Staff recommends Planning Commission adopt the attached draft resolution (Exhibit A) with findings and conditions approving CUP and the modification of CUP Respectfully submitted, Joseph Smith, AICP Senior Planner Exhibit A Draft resolution of approval Exhibit B Aerial photos Exhibit C Written summary of the proposed operation Exhibit D Facility photos Exhibit E Acoustifence specifications Exhibit F Prior staff reports and resolutions for CUP-86-4 and CUP May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

28 Exhibit A: Draft Resolution of Approval RESOLUTION NO. PC-2015-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DEL MAR, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT (CUP15-004) TO AUTHORIZE A KENNEL USE AND A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (CUP-86-4) TO ALLOW DAY, OVERNIGHT, AND EXTENDED BOARDING OF DOGS AND CATS ASSOCIATED WITH A VETERINARIAN CLINIC ON A PARCEL IN THE NORTH COMMERCIAL ZONE, AT 2132 JIMMY DURANTE BOULEVARD, DEL MAR, CALIFORNIA APN: WHEREAS, Steven Mira and Layne Fournier of Pet Health Partners / Animal & Bird Hospital of Del Mar (Tenants/Owner Agent), on behalf of Pamela Stonebreaker (Owner/Applicant) applied for a Conditional Use Permit (CUP15-004) to authorize a kennel use and to modify an existing Conditional Use Permit (CUP-86-4) to allow day, overnight, and extended boarding of dogs and cats associated with a veterinarian clinic (Animal & Bird Hospital of Del Mar) on a parcel in the North Commercial (NC) Zone, at 2132 Jimmy Durante Boulevard, Del Mar, California; and WHEREAS, the Del Mar Community (General) Plan and Del Mar Municipal Code (DMMC) designate the Commercial Service/NC Zone to allow commercial activities that provide a service to the community. Development in the NC Zone shall be of low intensity and profile, offering a lively open air commercial environment with substantial open space ; and WHEREAS, the subject property has been used for veterinary services for several decades and continues to be used as a veterinary clinic; and WHEREAS, a prior conditional use approval was issued by the City in 1986 (CUP-86-4) that allowed the boarding of birds for daytime, overnight and extended boarding of birds, with an additional allowance for the sale, taming, training, grooming and breeding of birds; and WHEREAS, CUP-86-4 included a condition of approval (Condition 4 on Page 2 of Resolution PC-86-26) that states The proposed use may not be expanded upon, and consists of sales, taming, training, boarding, grooming, and breeding of birds on property ; and WHEREAS, a subsequent Conditional Use approval (CUP-01-01) was issued in 2001 to allow a 1,620 square foot expansion to a two-story, 3,124 square-foot building used a veterinarian clinic; and WHEREAS, the subject parcel is surrounded by properties located within the NC Zone and contain a variety of commercial and professional office uses including a free flight bird sanctuary, a fitness studio, salons, insurance services, and a construction company; and WHEREAS, the proposed use is considered a kennel pursuant to DMMC Section (A), which is a conditionally allowed use in the NC Zone pursuant DMMC Section (A); and 7 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

29 Planning Commission Resolution No. PC-2015-xx CUP Page 2 of 8 WHEREAS, approval of a CUP is required to authorize a kennel use on the subject parcel along with a modification of Condition 4 of the previously-issued CUP-86-4 which otherwise limits boarding on the site to birds, exclusively; and WHEREAS, on May 13, 2015, the Planning Commission of the City of Del Mar held a public hearing on an application for CUP15-004, and at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted by the applicant. b. Written information submitted with the application. c. Oral testimony from staff, the applicant, and the public. d. Staff report, dated May 13, 2015, which is incorporated by this reference, as though fully set forth herein. e. Additional information submitted during the hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar, that Conditional Use Permit (CUP15-004) is hereby approved based on the following findings: 1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located. Kennels are a conditionally-allowed use in the NC Zone subject to the approval of a CUP. 2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. The established character of the surrounding neighborhood is commercial in nature and includes a variety of commercial and professional office uses including a free flight bird sanctuary, a fitness studio, salons, insurance services, and a construction company. The nearest residentially-zoned property is within the R1-10 Zone and addressed as 2148 Heather Lane. This residence is located approximately 200 feet south of the clinic and on the opposite (south) side of Jimmy Durante Boulevard. Several other residences are also located in this neighborhood along Heather Lane, David Way, and Balboa Avenue. The subject property has been used for veterinary services for several decades. The current business is known as Animal & Bird Hospital of Del Mar (clinic) and is under operation by Pet Health Partners for the last 3.5 years. The clinic offers a full range of veterinary services to dogs, cats, and birds. The clinic s business hours are Monday through Friday from 7 a.m. 8 to 6 p.m., Saturday May from 13, 8 a.m to 5 PC p.m., mtg and Sunday (1st review) from 9 a.m. to 5 p.m. (closed Item on 04 standard holidays). 15 June 9, 2015 Item 01

30 Planning Commission Resolution No. PC-2015-xx CUP Page 3 of 8 The clinic currently offers daytime, overnight and extended boarding of birds pursuant to a conditional use permit (CUP-86-4) issued by the City in The proposed use would extend boarding services for dogs and cats. The facility is already capable of accommodating the expanded use as it contains indoor and outdoor pens, kennels and runs that are frequently used as part of the veterinarian services. As a result, no modifications to the existing facility are required as part of the expanded use. Note that the clinic has provided medical boarding for dogs and cats on a limited basis, but this service is only available to animals requiring immediate care and supervision. The expanded use is part of the clinic s standard operating hours and allows for drop-offs and pick-ups during normal business hours. Boarding services include housing, food, and exercise, in addition to any other services provided by the clinic. The expanded use does not include the grooming, taming, training, sales or breeding of dogs and cats. Outdoor runs and play areas are fenced and open into other enclosed areas to ensure safety. The facility implements a strict vaccine protocol and routine testing is required for all boarded pets, including annual physical examinations, vaccines, fecal analysis, and parasite prevention. Video surveillance and continuous kennel supervision is maintained at all times as part of the expanded use and the number of kenneled pets will not exceed the number of indoor cages available. Outdoor surfaces are comprised of artificial dog grass that allows drainage of urine into a 6-inch, compacted crushed stone base. Solid waste is regularly collected by staff and disposed of in a tightly-sealed container. All outdoor and indoor surfaces are power-washed twice daily, at minimum, with a multi-purpose germicidal detergent and deodorant. A condition of approval is included that requires an inspection and the facility s disinfectant protocol, including storage, clean up, washdown, and spill response, to be reviewed by the City s Clean Water Manager to ensure compliance with the requirements of the City s current Jurisdictional Runoff Management Plan and DMMC. Sound attenuation has been installed in outdoor areas to minimize noise from the outdoor kennels and play areas. The expanded use is conditioned to require additional sound attenuation measures on the exposed face of all brick walls around the outdoor kennels and play areas. 3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets. The proposed use is properly located within the North Commercial area on property that has had a veterinary use for several decades. The expanded use is conducted as part of a veterinarian clinic that currently allows boarding of birds and the medical boarding of dogs and cats requiring immediate care and supervision. The expanded use does not necessitate the need for expanded facilities and the site is adequately served by existing transportation 9 and service facilities. May The 13, subject 2015 PC parcel mtg has (1st sufficient review) access off of Jimmy Durante Item 04 Boulevard and the clinic currently includes 21 parking spaces that are shared with the 16 June 9, 2015 Item 01

31 Planning Commission Resolution No. PC-2015-xx CUP Page 4 of 8 adjacent free flight business. Parking is divided between seven public spaces in front of the clinic that are reserved for patron use only, with the remaining 14 spaces located in the rear. All employees are required to park in the rear spaces. However, patrons may also use these spaces if needed. The expanded use does not necessitate additional off-street parking. However, in order to assure adequate rotation in the parking area, a conditioned has been attached to require that a minimum of two (2) of the seven (7) spaces in front of the clinic be associated with the boarding use exclusively and posted for pick-up/drop-offs with a maximum 15-minute parking allowance. The expanded use is not considered to place an undue burden upon public streets or utilities. 4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses. The expanded use is associated with an active veterinary clinic. Total floor area (FAR) on the site is presently 4,744 square feet (4,060 square feet minus animal holding areas), which is 21% of the 22,162 square-foot parcel and below the maximum 30% FAR allowance in the NC Zone. The parcel includes 21 parking spaces that are shared between the clinic and adjacent free flight business. A prior conditional use approval issued by the City in 1986 (CUP-86-4) allowed the boarding of birds for daytime, overnight and extended boarding of birds, with an additional allowance for the sale, taming, training, grooming and breeding of birds. However, that the clinic no longer sells, tames, trains, grooms, or breeds birds. A subsequent conditional use approval (CUP-01-01) was issued in 2001 to allow a 1,620 square foot expansion to a two-story, 3,124 square-foot building. Cats are housed indoors and in a separated room located on the second floor of the facility. During normal business hours, dogs are rotated between outdoor exercise/play yards and runs and indoor kennels. After normal business hours, all pets are housed indoors for safety and monitored by video surveillance. The facility includes the following indoor and outdoor areas for animal boarding: Indoor: 55 indoor cages of various sizes: 28 small cages at 28 x21 x30 10 medium cages at 32 x26 x30 8 large cages at 4 x8 5 extra-large cages at 5 x4.5 4 cat condos at 29 x26 x24 Outdoor: 5 runs at 4 9 x runs at 5 x play areas at 24 x21 and 12 x31 10 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

32 Planning Commission Resolution No. PC-2015-xx CUP Page 5 of 8 5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan This conditional use permit request includes an expanded boarding use for dogs and cats as part of the services offered by a veterinarian clinic. Veterinary clinics and boarding (kennels) are conditionally-allowed uses within the NC Zone and Commercial Services/NC land use designated in the Community Plan. As conditioned, the project would be in conformance with the Community Plan, and all Plans that are currently in effect to implement said Community Plan. AND BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar that application CUP as approved herein, shall be subject to the following conditions: [Note: The conditions listed below may have intentional gaps in numbering or lettering.] General Conditions: G-3 [Use Authorization Limited] This Conditional Use Permit (CUP) is exclusive to the daytime, overnight, and extended boarding of dogs and cats, and is granted based on submitted plans and a use proposal dated April 2, 2015 and so identified by the staff of the Del Mar Planning Department. Revisions to these plans and/or the use proposal shall require review and prior authorization from the appropriate entities of the City of Del Mar. G-7 [Code Compliance] Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code (DMMC) or other applicable City regulations in effect at the time of this permit issuance, unless specifically waived in this permit authorization. G-13 [Permit Expiration] This permit shall expire three years from the date of approval, expiring on May 13, 2018, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the CUP, or, where no construction is involved, where the holder of the Permit has commenced the use authorized by the CUP prior to its date of expiration. Special Conditions: REVISED - SEE UPDATED JUNE REPORT SC-1 [Indemnification] The permittee/owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Del Mar, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to 11 attack, set aside, void, May or 13, annul 2015 an approval PC mtg of (1st the review) City, its advisory agencies, appeal Item 04 boards, or legislative body concerning this approval or permit. The City will promptly 18 June 9, 2015 Item 01

33 Planning Commission Resolution No. PC-2015-xx CUP Page 6 of 8 notify the permittee/owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense. SC-2 SC-3 [Conditional Use Permits Revocation/modification of Conditions] In the event that any of the conditions of this permit are not satisfied, the Planning Director shall set a public hearing before the Planning Commission to determine whether the CUP should be revoked. Additionally, upon showing of a compelling public necessity demonstrated at a noticed public hearing, the City of Del Mar, acting through the appropriate entity, may add, amend, or delete conditions of this permit. [Requirement for DRB and Building Permits, as applicable] In accordance with the DMMC, implementation of the CUP shall be subject to separate receipt of valid Design Review Board (DRB) and Building Permits, if applicable. Implementation of the CUP granted herein shall be subject to compliance with all terms and conditions of said DRB and Building Permits, if required. The applicant shall verify with the City of Del Mar Building Division if any Building Permits are required for the boarding operations. SC-4 [Posted Parking for Boarding Use] Management shall designate and enforce a minimum of two (2) of the seven (7) parking spaces in front of the clinic (accessible from Jimmy Durante Boulevard) for boarding use exclusively and shall post the spaces for pick-up/drop-offs with a maximum 15 minute time allowance. SC-5 REVISED - SEE UPDATED JUNE REPORT [Noise Attenuation Plan Review] Prior to the commencement of boarding activities authorized under this Permit, the applicant shall submit a detailed Noise Attenuation Plan for review by the Planning and Community Development in order to ensure that adequate sound attenuation measures are installed in outdoor areas to be used by animals. At minimum, sound attenuation materials shall be provided on all fencing and walls around the outdoor kennels and play areas. This condition is required in order to ensure that any noise impacts to adjacent uses are adequately mitigated to maximum extent feasible. The specified noise attenuation provisions (dampening foam, planted areas, acoustic sheeting, acoustic panels, etc.) shall be indicated on the Noise Attenuation Plan. SC-6 [Disinfectant Protocol Review and Inspection by the Clean Water Manager] Prior to the commencement of boarding activities authorized under this Permit, the applicant shall submit a disinfectant protocol to the City s Clean Water Manager for review and approval. The protocol shall detail the methodologies to be used for disinfectants applied to outdoor areas, including the storage, clean up, washdown, and spill response of the product(s) to be used. The protocol shall be modified as required by the Clean Water Manager in order to ensure compliance with the requirements of the City s current Jurisdictional Runoff Management Plan and DMMC. A site inspection shall be required by the Clean Water Manager prior to the commencement of boarding 12 activities to ensure May compliance 13, 2015 with the PC discharge mtg (1st protocol. review) Item June 9, 2015 Item 01

34 Planning Commission Resolution No. PC-2015-xx CUP Page 7 of 8 SC-7 SC-8 [Maximum Occupancy] The maximum occupancy, as determined by the provisions of the Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. [Signage Requiring Leashed Dogs] Management shall post signs instructing dog owners to keep dogs on leashes until they are inside of the building. No dogs shall be allowed off leash in the parking area or adjacent pedestrian walkways. SC-9 [Sanitary and Trash Maintenance] Management shall keep all indoor and outdoor areas in a sanitary condition and shall schedule frequent trash and waste pick-up as necessary to prevent odors and other nuisances to the surrounding businesses. Management shall maintain free of litter all public areas of the premises under which management has control. REVISED - SEE UPDATED JUNE REPORT SC-10 [Hours of Operation for Boarding Drop-off and Pick-up] Hours of operation for the drop-off and pick-up of boarded animals shall be limited from Monday through Friday from 7 a.m. to 6 p.m., Saturday from 8 a.m. to 5 p.m., and Sunday from 9 a.m. to 5 p.m. SC-11 [Posted Contact Information for an On-call Attendant During Off Hours] Management shall post the contact information for an on-call attendant that will be available to address any concerns that may arise during off hours. The posting shall be onsite, in public view, and maintained with up-to-date information at all times. 13 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

35 Planning Commission Resolution No. PC-2015-xx CUP Page 8 of 8 PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 13 th day of May 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ted Bakker Jr., Chair Planning Commission ATTEST: Kathleen A. Garcia, Director Planning and Community Development Department THIS RESOLUTION AND AGREEMENT IS VALID WHEN SIGNED BY PARTIES TO THE APPLICATION. DESIGN REVIEW BOARD APPROVAL IS BASED ON COMPLIANCE WITH THE AFOREMENTIONED CONDITIONS. NON-COMPLIANCE WITH ANY STATED CONDITION RENDERS THE PERMITS CUP NULL AND VOID AND/OR SUBJECT TO CODE ENFORCEMENT. ****************************************************************************** I have read and understand the above conditions of approval for CUP and hereby agree to abide by all conditions of approval. Date Pamela Stonebreaker, Property Owner Date Steven Mira, Pet Health Partners / Animal & Bird Hospital Date 14 May Layne 13, Fournier, 2015 PC Pet mtg Health (1st Partners review) / Animal & Bird Hospital Item June 9, 2015 Item 01

36 Exhibit B: Aerial Photos 15 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

37 Exhibit C: Summary of Proposed Operations 16 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

38 Exhibit D: Facility Photos 17 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

39 18 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

40 19 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

41 20 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

42 21 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

43 Exhibit E: Acoustifence Specifications 22 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

44 23 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

45 Exhibit F: Former CUPs 86-4 and May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

46 25 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

47 26 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

48 27 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

49 28 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

50 29 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

51 30 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

52 PLANNING COMMISSION STAFF REPORT June 12, 2001 APPLICATION: CUP / FDP REQUEST: A request for approval to construct additional square footage at an existing Veterinary Clinic within the Floodplain Overlay Zone. APPLICANT: Angelica Williams OWNER: Bob and Pam Stonebreaker REPRESENTATIVE: Jon Mehnert, Architect SITE LOCATION: 2132 Jimmy Durante Boulevard COMMUNITY PLAN DESIGNATION: North Commercial ZONE: NC OVERLAY ZONE: Floodplain ENVIRONMENTAL STATUS: Exempt BACKGROUND: The project site is located at 2132 Jimmy Durante Boulevard in the NC zone. The subject parcel is a relatively flat, 22,162 square-feet in area and occupied by a 3,124 square-foot Veterinary Clinic. The topography of the parcel is relatively flat with forty-five degree angled parking spaces adjacent to the Jimmy Durante public right-of-way along the eastern portion of the property. The parcel to the east is vacant, the parcel to the south is developed with a commercial structure and the parcel to the north is the City of Del Mar s Public Works yard. The Community Plan designates the NC Zone as a land use to allow commercial and professional activities that provide a service to the community and be of low intensity and profile, offering substantial open space. HISTORY: The existing Veterinary Clinic was established prior to the City s incorporation and is therefore considered, legal, non-conforming, in that is was legally established prior to the requirement for a Conditional Use Permit (CUP). A Veterinary Clinic is an allowed use in the North Commercial zoning district, with the receipt of a CUP. In October of 1986, the Planning Commission approved a 31 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

53 Conditional Use Permit (CUP) to allow for the operation of a business involving the sale, taming, training, boarding, grooming, and breeding of exotic birds. That portion of the facility is located at the northern eastern corner of the site and is not proposed to be modified with this permit. ANALYSIS: The applicants are proposing to construct a 1,620 square-foot expansion on the northern and western portions of the existing Veterinary Clinic. The site currently has outdoor dog pens in the southwestern portion of the property and an existing bird aviary in the northeastern portion of the property. The proposed western portion of the new expansion include eight new boarding pens. The new boarding pens will be inside the building which adequately addresses sound attenuation. The new area would also consist of three examination rooms, a food preparation room, bathroom and a storage room. The applicants are also proposing to construct a covered entryway with a fountain area and three landscape planters on the eastern elevation of the structure, along the Jimmy Durante street frontage. All of the proposed improvements are proposed on the first level. Section of the Floodplain Overlay Zone requires the issuance of a Floodplain Development Permit for the construction of new floor area to protect the health, safety, and general welfare of the public by regulating the development of real property subject to floodwaters. The applicants are proposing to construct new floor area which is subject to the receipt of a Floodplain Development Permit. The project site is located in Zone AE of the Flood Insurance Rate Map (FIRM). Zone AE of the FIRM map is designated as an area that is situated within the 100-year floodplain boundaries. According to the FIRM map, the base flood elevation for the property is 15 feet above mean sea level NGVD. The project plans call for the expansion to be constructed approximately one foot higher (15.75) than the required base flood elevation of 15 feet NGVD. Conditions of approval have been suggested to ensure that the project will be constructed to meet all applicable standards of the Floodplain Overlay Zone. The Planning Department has not received any correspondence on this application. Summary of the Applicant's Proposal: Existing... 3,124 sq. ft. New... 1,620 sq. ft. Total Floor Area ,744 sq. ft. The following table illustrates the project's relationship to the development standards of the NC Zone. STANDARDS NC ZONE PROJECT Min. lot size 6,000 sq.ft. 22,162 sq. ft. 32 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

54 Frontyard setback 0 ft. 28 ft. Rearyard setback 0 ft. 8 6 Sideyard setback 0 ft. 5 1 FAR 30% 21% Max. lot coverage 40% 21% Height limitation 26 ft. 23 ft. Parking 1 space for every 200 sq. ft. 21 spaces of gross floor area CONDITIONAL USE PERMIT FINDINGS: The provisions of the underlying NC zone require the receipt of a Conditional Use Permit (CUP) for the allowance of a Veterinary Clinic. The applicants are proposing to construct an addition to the existing development Clinic and are, therefore, required to obtain a CUP for the expansion. Pursuant to Chapter of the DMMC, each determination granting a Conditional Use Permit, or modification thereto, shall be supported by the following findings: 1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located. Proposed Finding: The provisions of the North Commercial zoning district allow for a Veterinary Clinic upon the receipt of a Conditional Use Permit. 2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. Proposed Finding: The granting of this Conditional Use Permit for the expansion of a Veterinary Clinic would not adversely affect the established character of the neighborhood since the clinic is in existence. The conditions attached to the permit will protect the existing character of the zone, ensure safety and allow the proposal to meet the needs of the community and the general public since a Veterinary Clinic is a service to the residents of the community. 3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets. Proposed Finding: The proposed expansion of the Veterinary Clinic is within an appropriate location for use by the general public in that it is located within an Commercial zoned 33 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

55 property for such use. There will be no undue burden on public facilities or streets since the facility exists within an area for commercial services. 4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses. Proposed finding: The site is of sufficient size to accommodate the expansion of the Veterinary Clinic which includes appropriate parking, landscaping and functional open space. The Veterinary Clinic, as conditioned, has been determined to be compatible and harmonious with nearby uses. 5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan. Proposed finding: As conditioned, the granting of this Conditional Use Permit for the expansion of a Veterinary Clinic in the North Commercial zone is not contrary to the adopted Community Plan, in that it does meet the requirements of Title 30 (Zoning) of the Municipal Code. RECOMMENDATION: The Planning Commission should analyze the proposed application (CUP / FDP 01-01) for the expansion of the existing Veterinary Clinic based on the findings contained in DMMC Sections If the Planning Commission determines that the findings can be made to support the application, the following conditions shall be attached to any Planning Commission approval. 1. Prior to commencement of work, the applicant or agent shall obtain all required Building Permits. 2. Prior to commencement of work, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. 3. All new service connections shall be placed underground as to comply with Section of the Del Mar Municipal Code. 4. This Conditional Use Permit is granted based on the site plan of the submitted plans date stamped February 9, 2001 and so identified by the staff of the Del Mar Planning Department and these plans are approved based on the construction of a new single-family residence. Subsequent modification 34 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

56 of plans, including modifications (if any) required in these conditions, shall be subject to review and approval by the appropriate City of Del Mar entities. 5. This permit shall expire in two years on June 12, 2003 not vested by the applicant in accordance with the provisions of the DMMC. 6. Prior to the issuance of a Building Permit, the applicant shall provide evidence of the receipt of a Coastal Development Permit or a Permit Waiver from the California Coastal Commission. 7. The applicant shall conform with the City of Del Mar s mandatory recycling ordinance (No. 590). 8. Prior to sign-off on the framing inspection for the project, the applicant shall provide a survey from a licensed surveyor or registered civil engineer certifying that the building height and setbacks are in compliance with approved plans. 9. Prior to work performed within City right-of-way or easements, the applicant shall obtain an Encroachment Permit from the City of Del Mar. 10. Prior to final Building Permit sign-off, any locked entry gates on the property shall have a knox box or gate override switch to the satisfaction of the City of Del Mar Fire Department. 11. Prior to the issuance of a Building Permit, a modified plan shall be submitted which depicts a protected opening (ie. window) on the south side of the proposed addition which is within ten feet of the existing building on the adjacent property to the south. The modified plan depicting the protected opening shall be to the satisfaction of the Del Mar Fire Department 12. Per the requirements of the Federal Emergency Management Agency, prior to the final approval and/or Certificate of Occupancy, the applicant shall submit an Elevation Certificate certifying the elevation of the lowest floor elevations of the structure. The Elevation Certificate shall be prepared by a licensed land surveyor or a registered civil engineer. Respectfully submitted, Mary Jo Wilson Associate Planner 35 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

57 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DEL MAR, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT (CUP 01-01) TO CONSTRUCT ADDITIONAL SQUARE FOOTAGE AT AN EXISTING VETERINARY CLINIC WITHIN THE FLOODPLAIN OVERLAY ZONE AT 2132 JIMMY DURANTE BOULEVARD IN THE CITY OF DEL MAR, CALIFORNIA. WHEREAS, Angelica Williams (Owner) and Bob and Pam Stonebreaker (Applicant) applied for a Conditional Use Permit from the City of Del Mar to construct additional square footage at an existing Veterinary Clinic within the Floodplain Overlay Zone at 2132 Jimmy Durante Boulevard in the City of Del Mar, California. WHEREAS, the Planning Commission specifically reviews Conditional Use Permit applications for projects located within the North Commercial zone pursuant to DMMC Sections A to address public health and safety issues, specifically traffic and pedestrian circulation impacts; and, WHEREAS, on June 12, 2001 the Planning Commission of the City of Del Mar held a public hearing on the application for Conditional Use Permit, CUP 01-01, at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted by the applicant. b. Written information submitted with the application. c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated June 12, 2001, which is incorporated by this reference as though fully set forth herein. e. Additional information submitted during the hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar does hereby make the following findings in regard to the requested Conditional Use Permit: 1. The provisions of the North Commercial zoning district allow for a Veterinary Clinic upon the receipt of a Conditional Use Permit. 2. The granting of this Conditional Use Permit for the expansion of a Veterinary Clinic would not adversely affect the established character of the neighborhood since the clinic is in existence. The conditions attached to the permit will protect the existing character of the zone, ensure safety and allow the proposal to meet the needs of the community and the general public since a Veterinary Clinic is a service to the residents of the community. 36 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

58 3. The proposed expansion of the Veterinary Clinic is within an appropriate location for use by the general public in that it is located within a Commercial zoned property for such use. There will be no undue burden on public facilities or streets since the facility exists within an area for commercial services. 4. The site is of sufficient size to accommodate the expansion of the Veterinary Clinic, which includes appropriate parking, landscaping and functional open space. The Veterinary Clinic, as conditioned, has been determined to be compatible and harmonious with nearby uses. 5. As conditioned, the granting of this Conditional Use Permit for the expansion of a Veterinary Clinic in the North Commercial zone is not contrary to the adopted Community Plan, in that it does meet the requirements of Title 30 (Zoning) of the Municipal Code. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar that CUP is granted conditional approval. The conditions are as follows: 1. Prior to commencement of work, the applicant or agent shall obtain all required Building Permits. 2. Prior to commencement of work, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. 3. All new service connections shall be placed underground as to comply with Section of the Del Mar Municipal Code. 4. This Conditional Use Permit is granted based on the site plan of the submitted plans date stamped February 9, 2001 and so identified by the staff of the Del Mar Planning Department and these plans are approved based on the construction of a new singlefamily residence. Subsequent modification of plans, including modifications (if any) required in these conditions, shall be subject to review and approval by the appropriate City of Del Mar entities. 5. This permit shall expire in two years on June 12, 2003 not vested by the applicant in accordance with the provisions of the DMMC. 6. Prior to the issuance of a Building Permit, the applicant shall provide evidence of the receipt of a Coastal Development Permit or a Permit Waiver from the California Coastal Commission. 7. The applicant shall conform with the City of Del Mar s mandatory recycling ordinance (No. 590). 8. Prior to sign-off on the framing inspection for the project, the applicant shall provide a survey from a licensed surveyor or registered civil engineer certifying that the building height and setbacks are in compliance with approved plans. 37 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

59 9. Prior to work performed within City right-of-way or easements, the applicant shall obtain an Encroachment Permit from the City of Del Mar. 10. Prior to final Building Permit sign-off, any locked entry gates on the property shall have a knox box or gate override switch to the satisfaction of the City of Del Mar Fire Department. 11. Prior to the issuance of a Building Permit, a modified plan shall be submitted which depicts a protected opening (ie. window) on the south side of the proposed addition which is within ten feet of the existing building on the adjacent property to the south. The modified plan depicting the protected opening shall be to the satisfaction of the Del Mar Fire Department 12. Per the requirements of the Federal Emergency Management Agency, prior to the final approval and/or Certificate of Occupancy, the applicant shall submit an Elevation Certificate certifying the elevation of the lowest floor elevations of the structure. The Elevation Certificate shall be prepared by a licensed land surveyor or a registered civil engineer. 38 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

60 PASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 12th day of June 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairperson Filanc, Commissioners Webb, Kerridge, and Borgese None Vice Chair Richards None ATTEST: MARK FILANC, Chairperson Del Mar Planning Commission LINDA S. NILES, Director Planning and Community Development THIS RESOLUTION AND AGREEMENT IS VALID WHEN SIGNED BY PARTIES TO THE APPLICATION. PLANNING COMMISSION APPROVAL IS BASED ON COMPLIANCE WITH THE AFOREMENTIONED CONDITIONS. NON-COMPLIANCE WITH ANY STATED CONDITION RENDERS THE CUP PERMIT NULL AND VOID. I have read and understand the above conditions of approval for CUP and hereby agree to abide by all conditions of approval. Date Applicant's Signature 39 May 13, 2015 PC mtg (1st review) Item June 9, 2015 Item 01

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73 Exhibit B: Additional Information from the Applicant including the Noise Assessment Animal and Bird Hospital of Del Mar was purchased from Pam Stonebreaker in January of A large consulting firm (Pacific Professionals) was used to facilitate the sale. It was our understanding that the practice was approved for use including boarding of dogs and cats as it had done this for years. It wasn t until September 2014 that we were contacted by Patty Malik of the City of Del Mar informing us that we needed a CUP to continue boarding practices. We immediately started researching into this oversight and found that we were in fact not permitted for boarding of dogs and cats. At that time, we immediately took corrective measures. We are a veterinary hospital 1 st and foremost and would never do anything against permit to jeopardize our livelihood. These measures did take time but included contacting our web designer company to correct advertising on the website, staff meetings to inform all members of our team, and notifying clients when requests were made. In March of 2015, we received a citation from the City of Del Mar stating that we were in violation of our allowable use. They made the decision of our violation based on two missed areas within our website that stated we provided boarding services and Yelp review posted in December (we were unable to identify this client and the actual date that the pet boarded at the facility). Despite our surprise, we immediately paid the fee and further corrected the website. We made sure to review our policy with the staff to ensure no employee mistakes occurred. Although it took longer than we anticipated due to the hiring of a new veterinarian and personal/medical issues, we got the appropriate information together and applied for the CUP. We just want to make sure you are aware of the events that previously occurred leading up to this CUP request. Current permitted Usage that involves use of indoor and/or outdoor areas: Drop off Appointments dental cleaning, surgical procedures, laboratory testing, radiology, wound care/bandages, drop off or unscheduled exams (ear infections, vaccines, etc), laser or physical therapy, acupuncture treatment, sedated de matting, medicated bathing. Medical boarding/extended Hospitalization Any pet requiring supervision of veterinarian or requiring a treatment or medication prescribed by a veterinarian. This includes, but is not limited to various medical conditions requiring veterinary supervision: heart, liver, kidney, gastrointestinal disease, separation anxiety, autoimmune conditions. Pets requiring injections or prescription medications. Those receiving physical or laser therapy. Pets recovering from surgery or sedation/general anesthesia procedures. Requested Usage: Boarding of pets without an underlying medical condition on a daily, nightly, or multi night stay. The purpose is to provide clients with healthy pets the opportunity to board their pets in a safe environment that has veterinary supervision should the need arise. The maximum capacity both inside and outside will remain unchanged (55 inside, and 21 outside). Most importantly, the new usage is strictly ancillary. The combination of both medical boarding and the new use (general boarding) is projected to not exceed 20% of our overall revenue. This projection is based on our current medical boarding use and our previous boarding prior to September June 9, 2015 Item 01

74 The following measures were taken as requested by the committee: Noise Study: Two companies (ABC Acoustics, Inc and Noise Expert, LLC) were contacted and proposals were submitted. ABC Acoustics was hired due to proximity and familiarity with the Del Mar Area (despite the higher cost). A sound study was performed per the City s request and the final report is attached. The report states Since proposed operations relating to CUP for Animal and Bird Hospital of Del Mar are not anticipated to increase ambient noise levels by any measureable degree, no noise abatement measures are required. Given the results it appears that there should be minimum impact on the surrounding environment. That being said, we are willing to add sound abatement measures to help contain noise and keep the neighbors comfortable. Reach Out To Neighbors: 1) Commercial neighbors: We reached out to the surrounding businesses and find that many of them are do not find the noise we create to be a nuisance. See attached letter. 2) Residential neighbors: a. Al Corti (2188 Heather Lane) met in person on 5/27 at the hospital. Provided a tour of the facility and reviewed our intentions. Per our discussion, Al is no longer in opposition of our application and proposed usage. b. Wiesel Family (2139 Heather Lane) numerous s and phone complaints see attached s and log. As you can see from the s, multiple attempts were made on our part to meet with Annette and Arnold to discuss this issue with no response. We did however; receive numerous s and calls from Annette with noise complaints. All complaints began following the May 13 th meeting. We have tried to comply with each and every complaint. We kept a log (see attached) each time we received a call (all calls made by one resident) and the hospital response. In addition, due to the limited noise we noticed when a call was received, we started to record the sound from the front of the hospital each time a complaint was noted. Unfortunately, it appeared that she called regardless of the noise produced. For example, on 5/27 at 7:14am we received a call from Annette complaining of noise. The attendant reported only one pet was outside and there was no barking. It is possible that she is hearing barking from other places as well. c. According to Red Dot 4 from Arnold Wiesel, other residents were concerned. He listed AND ALL OTHER Residents of Heather Lane and proceeded to type each address on the street. There were no signatures and no confirmation that these residents are concerned. In fact, Arnold informed us that many of the resident neighbors are out of town and he was unable to contact them. We would be happy to work with these people if a true issue is present. 60 June 9, 2015 Item 01

75 Sound Dampening Measures: Research into possible sound abatement measures is currently underway. Current considerations include the following: 1) Exterior Grade Panels see information attached. 2) Two different types of acoustic panels samples ordered, see information attached. 3) Recommendations based on Noise Study: Silent Curtain, see information attached. We are willing to add additional restrictions upon our CUP to help mitigate concerns from the community: Formally setting a maximum capacity: 55 with 21 permitted outside. Outdoor areas restricted to daytime usage in compliance with the Table of Applicable Limits in the Del Mar North Commercial zone as it pertains to noise regulations. Bind kennel usage with the veterinary usage ie. Kennel CUP becomes void if the practice is no longer functioning as a veterinary hospital. Sound attenuation measures will be implemented at the applicant s cost within a reasonable amount of time (to be defined). 61 June 9, 2015 Item 01

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100 ABC ACOUSTICS, INC. Architectural Environmental Industrial Legal May 29, 2015 Layne Havens Fournier, DVM Animal and Bird Hospital of Del Mar 2132 Jimmy Durante Boulevard Del Mar, CA Re: Animal and Bird Hospital of Del Mar CUP15-004, City of Del Mar, CA Noise Impact Assessment (ABC Report No: 2378R) Dr. Fournier, This report addresses the noise impacts relating to operations at Animal and Bird Hospital of Del Mar with emphasis on dog barking noise. It is based on noise surveys conducted at the project site and its vicinity. It includes an assessment of the noise level impacts upon existing land uses in the vicinity, per noise level limits established by the City of Del Mar Noise Ordinance. It is based on operational information provided by you (the applicant). 1.0 BACKGROUND: Animal and Bird Hospital of Del Mar is an existing animal hospital facility located at 2132 Jimmy Durante Boulevard, Del Mar, CA. The hospital has a total of 55 indoor, 11 outdoor cages, and two play yards. The existing permitted usage allows for pets to remain at the hospital for medical boarding or hospitalization within the indoor or outdoor areas of the hospital without restrictions on number of pets or hours. The owners have a hospital policy that sets a maximum of 21 pets allowed in the outside areas at one time. In addition, hospital policy restricts outdoor usage to occur only during the following hours (M-F 7-6, Sat 7-5, Sun 8-5). The pending City of Del Mar Conditional Use Permit application (CUP15-004) is to allow the boarding of healthy animals at the facility (i.e., those without an existing medical condition or on medication). The application does not allow for any other operational changes such as hours of operation or increases in number of kennels/animals. Per hospital policy, the number of animals permitted outside will remain unchanged as well. Ambient noise levels in the area stem from surface traffic along Jimmy Durante Boulevard and a nonprofit exotic bird sanctuary (Free Flight Exotic Birds) located immediately north of the hospital. The bird sanctuary is not related to the hospital. This study was based on ambient and operational noise measurements conducted at selected locations along hospital s property line and at residential land uses in the area. Noise surveys were conducted during afternoon hours on May 21, 2015, a typical sunny and calm San Diego 7660 Fay Avenue, Suite H-150, La Jolla, CA 92037, USA (858) Fax: (858) June 9, 2015 Item 01

101 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar day. Surveys were conducted using a precision Brüel and Kjær (B&K) analyzer Type 2250, a Type 1 meter per ANSI S1.4. Each survey was continued until the average sound level (Leq) stabilized. 2.0 APPLICABLE STANDARDS: The City of Del Mar has established hourly average sound level limits for various land zones in Section of the City s Municipal Codes (see Attachment A ). As presented in Attachment A, the daytime sound level limit for residential and commercial land zones is 50 and 60 dba Leqh, respectively. The sound level limit between two different land zones is the arithmetic mean of the two limits. Therefore, the daytime sound level limit between residential and commercial zones is 55 dba Leqh. Per Section D of the codes, if the ambient noise exceeds the applicable limit, then the applicable limit shall be the ambient level. 3.0 PROJECT SETTING: Animal and Bird Hospital of Del Mar is a single story building located west of Jimmy Durante Boulevard in Del Mar. Existing land uses abutting the site include commercial zones to the south, west and the Free Flight Exotic Birds Sanctuary to the north. Other land uses in the area include single-family homes east of project site, along Heather Lane and Balboa Avenue. The hospital includes outdoor cages along southwest portion of the property. According to the owner s self-set hospital policy, no more than 21 dogs may be handled or kept in these cages during daytime hours. These cages are screened from residential uses to the east by the hospital building (Figure1). FIGURE 1: LOCATION OF OUTDOOR CAGES ABC Acoustics, Inc. Report 2378R 2 87 June 9, 2015 Item 01

102 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar 4.0 NOISE IMPACT ASSESSMENT: This study was based on ambient and operational noise measurements conducted at selected locations along hospital s property line and at residential land uses in the area. Ambient noise surveys were conducted when all animals at the hospital were indoors and all exterior hospital doors were closed. During ambient noise measurements no dog barking was audible at any survey location. Operational noise measurements were conducted when 21 dogs were being handled within the outdoor areas of the facility. To present a worst-case scenario, pets were stimulated outside with attendants walking in and out of the facility as well as a dog walking in the hallway. Note: 21 is the maximum number of dogs that can be handled in outdoor areas of the facility according to hospital policy. Results of ambient and operational noise levels are presented in Table 1. Table 1 Results of Noise Measurements Location Average Sound Level (dba) Ambient Operational Notes 1- Southern property line Dogs barking clearly audible 2- Eastern PL, parking lot Dogs barking clearly audible. 3- End of Heather Lane Dogs barking audible but do not contribute to ambient levels of traffic + birds at Free Flight 4- End of Heather Lane (Test #2) Dogs barking audible but do not contribute to ambient levels of traffic + birds at Free Flight 2124 Heather Lane Dogs barking barely audible Balboa Avenue Dogs barking barely audible As presented in Table 1, operational noise levels do not contribute to the ambient levels by a measurable degree. Ambient and operational average and peak noise levels are dominated by vehicular traffic along Jimmy Durante Boulevard and the Free Flight bird sanctuary. ABC Acoustics, Inc. Report 2378R 3 88 June 9, 2015 Item 01

103 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar 5.0 NOISE ABATEMENT RECOMMENDATIONS: Since proposed operations relating to CUP for Animal and Bird Hospital of Del Mar are not anticipated to increased ambient noise levels by any measurable degree, no noise abatement measures are required. Although not required, it is recommended that the existing cloth canopy over the exterior use areas of the hospital be replaced with a noise barrier screen. This barrier shall cover all outdoor cages. Use Silent Curtain by Sound Acoustic Solutions or equivalent. This provision would reduce the dog barking noise at all noise-sensitive residential uses in the area to barely audible levels. Attachment B of this report includes additional information on Silent Curtain. Please do not hesitate to contact me if you have any questions. Regards, Sharo T. Sanavi Sharo T. Sanavi Principal sharo@abcacoustics.com STS: lm r2378r. ABC Acoustics, Inc. Report 2378R 4 89 June 9, 2015 Item 01

104 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar. ATTACHMENT A CITY OF DEL MAR NOISE ORDINANCE SOUND LIMITS ABC Acoustics, Inc. Report 2378R 5 90 June 9, 2015 Item 01

105 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar City of Del Mar Noise Ordinance: Section Noise Level Limits A. Unless otherwise specified, it shall be unlawful for any person(s) to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table at any location in the City of Del Mar beyond the premises on which the noise is produced, as measured pursuant to the provisions of this Chapter. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person(s). Property Receiving Noise R1-5, R1-5B, R1-10, R1-10B, R-2, R1-14, R1-40,RM-East,RM-West, RM- Central, RM-South, OS Overlay NC, RC, CC, PC, BC, VC RR Time of Day 7amto 10pm 10 pm to 7 am 7 AM to 10 PM 10 PM to 7 AM 7 AM to 10 PM 10 PM to 7 AM One-Hour Average Sound Level(dB) B. The noise limits specified in subsection (A) above shall be adjusted as follows to account for the effects of time and duration on the impact of noise levels: 1. Noise that is produced for no more than a cumulative period of 30 minutes in any hour may exceed the noise limit by 3 decibels. 2. Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by 6 decibels. 3. Noise that is produced for no more than a cumulative period of 10 minutes in any hour may exceed the noise limit by 8 decibels. 4. Noise that is produced for no more than a cumulative period of 5 minutes in any hour may exceed the noise limit by 11 decibels. 5. Noise that is produced for no more than a cumulative period of 2 minutes in any hour may exceed the noise limit by 15 decibels. C. For purposes of this chapter, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as the noise level for the entire cumulative period of noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative of the noise. D. If the measured ambient level exceeds the applicable limit noted above, the allowable one-hour average sound level shall be the ambient noise level. E. The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits of the two districts. F. Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this Chapter, measured at or beyond six (6) feet from the boundary of the easement upon which the equipment is located. ABC Acoustics, Inc. Report 2378R 6 91 June 9, 2015 Item 01

106 Animal and Bird Hospital of Del Mar (CUP15-004) City of Del Mar ATTACHMENT B NOISE ABATEMENT MATERIAL SPECIFICATIONS ABC Acoustics, Inc. Report 2378R 7 92 June 9, 2015 Item 01

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121 City of Del Mar Planning Commission Wednesday, May 13, 2015 Action Minutes ROLL CALL 6:00 p.m. Present: Chair Bakker, Vice Chair Curtis, Commissioners Corcoran and Sanquist Absent: None. Staff: Senior Planner Bator, Senior Planner Smith APPROVAL OF MINUTES UPDATE: MOVED BY COMMISSIONER CORCORAN, SECONDED BY VICE CHAIR CURTIS, TO APPROVE THE MINUTES OF THE PLANNING COMMISSION MEETINGS HELD ON MARCH 17, 2015 AND APRIL 14, VOTE: 4-0 Senior Planner Bator gave an update on the newly selected Planning Commissioner Don Countryman and stated that he will start his term at the meeting in June. Senior Planner Bator also gave an update on the project at 929 Border Avenue explaining that the City Council approved all of their recommended actions to approve the project and certify the MND. Senior Planner Bator stated that the introduction of the signage ordinance which they heard would be taken to City Council on June 1, Chair Bakker asked if there was any mention of a rolling public access easement for the 929 Boarder Avenue property. Senior Planner Bator explained that there was discussion of that and a rolling easement was placed on the property as well as a lateral access easement. PLANNING COMMISSION/STAFF DISCUSSION (Non-Application Items) None. HEARING FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA (Oral Communications) None. Exhibit D: Draft Action Minutes from May PC Mtg (excerpt for Item 4 only) DISCUSSION AND BRIEFING (Application Items) DRAFT MINUTES Senior Planner Bator noted that the first two items Item #1 and Item #2 have been continued date certain to the June meeting and gave a briefing on the following three City of Del Mar, 1050 Camino del Mar, Del Mar, CA Phone: Fax: June 9, 2015 Item 01

122 Planning Commission Wednesday, May 13, 2015 Minutes Page 3 of 10 NEW APPLICATION(S): DRAFT MINUTES ITEM 1 V Prior to the meeting, item continued, date-certain, to the June meeting ITEM 2 CUP V CDP Prior to the meeting, item continued, date-certain, to the June meeting APN: Location: 2007 Santa Fe Ave. Owner/Applicant: Jeff Kelley Owner Agent: Bob Scott, RJS Planning Zone: RM-West Overlay Zone: Floodplain Overlay Zone Environmental Status: Exempt Contact Person: Matt Bator, AICP, Senior Planner Description: A request for a Variance from Del Mar Municipal Code (DMMC) Section to allow previously constructed concrete retaining walls and gates to exceed maximum height limits within front and street side yards and from Section to allow previously constructed permanent landscape features, a spa, and overhead structures within the otherwise required front, side, and street side yard setbacks. APN: Location: 2194 San Dieguito Dr. Owner/Applicant: Jason and Megan Tackitt Owner Agent: Greg Jordan, Designatarium Zone: R1-40 Overlay Zone: Bluff, Slope and Canyon Overlay Zone, Lagoon Overlay Zone Environmental Status: Exempt Contact Person: Katie Benson, Assistant Planner Description: A request for a Conditional Use Permit for the encroachment into steep slope setbacks of three detached accessory structures; a Variance from Del Mar Municipal Code (DMMC) Section C1c to allow the previously constructed single-family residence within the required side yard setback; and a Coastal Development Permit to allow three (3) existing accessory structures, one to be reconstructed, on a developed site in the R1-40 Zone and Bluff, Slope and Canyon and Lagoon Overlay Zones. * Note: This project is located in the Coastal Commission s appeals area. ITEM 4 CUP APN: Location: 2132 Jimmy Durante Blvd. Owner/Applicant: Pamela Stonebreaker Owner Agent: Steven Mira and Layne Fournier, Animal & Bird Hospital of Del Mar Zone: North Commercial (NC) Environmental Status: Exempt Contact Person: Joseph Smith, AICP, Senior Planner Description: A request for a use modification to existing Conditional Use Permits (CUP-86-4 and 01-01) to allow day, 108 June 9, 2015 Item 01

123 Planning Commission Wednesday, May 13, 2015 Minutes Page 4 of 10 overnight, and extended boarding of dogs and cats as part of the Animal & Bird Hospital s business operations. Senior Planner Smith presented the staff report.. Chair Bakker asked about other uses that are allowed in the NC zone. Senior Planner Bator elaborated on the uses that are allowable in the NC zone. Chair Bakker asked who would be preparing the noise attenuation plan. Senior Planner Smith explained that the applicant would be responsible for preparing the plan. Chair Bakker asked if there had been previous complaints about the facility from residential properties. Senior Planner Smith stated that over the last three years, five complaints came from commercial properties but a sixth complaint was anonymous. Chair Bakker asked if they do keep animals overnight at this point. Senior Planner Smith stated that they are currently doing overnight stays for medical reasons such as surgery and veterinarian supervision. Commissioner Curtis asked if they have been doing regular boarding other than boarding for medical reasons. Senior Planner Smith explained that to his knowledge they have not been doing overnight boarding other than for medical reasons but indicated that the Commission should ask the applicants to confirm. Commissioner Sanquist asked if the lack of residential complaints was due to residents believing that boarding was an allowed use already and permitted by the City Senior Planner Smith explained that what is currently there was permitted back in 2001 but that whether or not they have been following that the allowances in that approval or acting outside of it he cannot elaborate on at this time. Disclosures Chair Bakker visited the site and toured the facility. Commissioner Corcoran none. Commissioner Sanquist none. Vice Chair Curtis none. DRAFT MINUTES Steve Mira and Layne Fournier of Animal and Bird Hospital of Del Mar, 2132 Jimmy Durante Blvd, explained the intent of the use they are requesting. They also explained their capacity and how many pets could actually be outside per night if they were at maximum capacity. Additionally, they reviewed some of the complaints that have been raised and how they have addressed and plan to mitigate noise more in the future. 109 June 9, 2015 Item 01

124 Planning Commission Wednesday, May 13, 2015 Minutes Page 5 of 10 Chair Bakker asked what percentage of their clients are residents of Del Mar. Steve Mira stated that he does not know for sure how many are residents but believes it to be about 75% of all of his clients. Chair Bakker asked for an explanation of the complaint log that they keep. Steve Mira stated that they keep a log of complaints and they happen to come up more on Wednesdays which is their busiest day. Chair Bakker asked if they have ever had residents come in and complain to them. Steve Mira stated that no residents have ever come down and complained to them. Layne Fournier explained that in addition to no neighbors complaining they have reached out to the neighbors in the past and encouraged them to call if they had concerns. Commissioner Corcoran asked how long they have owned the business. Steve Mira stated that they have owned the business for three and a half years. Public Hearing opened Annette Wiesel 2139 Heather Lane, believed that this facility was an already approved kennel and stated that now that she realizes it is not an approved use, she would like it to not be approved by the City. Chair Bakker asked if the dog barking had ever woken her up in the middle of the night. Annette Wiesel stated that it has never woken her up in the middle of the night but that it has woken her in the morning. Commissioner Corcoran asked if she had boarded the dogs in the facility within the last three and a half years with the current owners. Annette Wiesel explained that she had. Vice Chair Curtis asked if it is possible for the dogs to be out of the facility at night, not during business hours. Chair Bakker stated that it was not possible. Chair Bakker asked if what they were asking for is overnight boarding. DRAFT MINUTES Arnold Wiesel 2139 Heather Lane, explained that everyone in their neighborhood thought that this kennel was an approved use already in the City. He also stated that the barking is always happening and that they have been boarding dogs for some time. Chair Bakker asked how long he has lived there and if they have contacted the owners of the Animal Hospital. 110 June 9, 2015 Item 01

125 Planning Commission Wednesday, May 13, 2015 Minutes Page 6 of 10 Arnold Wiesel stated that he has never gone down there to talk to the owners. Senior Planner Bator clarified that the expansion of the facility in 2001 was approved and the basis on which they currently operate under. Al Corti 1955 Jimmy Durante, stated that he is concerned with the idea of letting this facility board up to 55 dogs at a time. He has concerns with the use and its compatibility or lack thereof with the surrounding areas. Rebuttal Steve Mira and Layne Fournier, 2132 Jimmy Durante Blvd, explained mainly that they want to provide this service to their clients and stated that when they bought the business they were under the impression that they bought the business with regular boarding as an already allowable use. Additionally they elaborated on sanitation and possible mitigation of sound for the neighboring properties. Al Corti stated that although they do not currently have space for 55 dogs, this permit would allow it. Steve Mira and Layne Fournier, asked if they could tie the kennel use to the veterinarian hospital so that they could never shift the use to a full kennel facility. Senior Planner Smith stated that it was possible to do that through a condition of approval. Senior Planner Smith elaborated on the previous approvals and the difference between them. Public Hearing Closed Deliberation DRAFT MINUTES Vice Chair Curtis stated that she believes it is a legitimate use for the property but would like it to be restricted so that it could never be solely a kennel. Commissioner Sanquist stated that she believes that the noise will be an issue and stated that noise mitigation is a very complicated science. Commissioner Corcoran asked if there was some way that they could remove the permitted use if they were to receive complaints down the line. Senior Planner Smith stated that they could do a one-year period where they would come back for a review by the Planning Commission. Senior Planner Bator stated that the City Council can revoke the Conditional Use Permit if they do not comply with their conditions. Chair Bakker asked if there is some way that they can measure the noise of the dogs there. Commissioner Corcoran stated that the fact that there are people here to speak on the 111 June 9, 2015 Item 01

126 Planning Commission Wednesday, May 13, 2015 Minutes Page 7 of 10 kennel and the noise proves that there is a problem. Senior Planner Smith stated that the noise can be measured, studied and then appropriate mitigation could be determined. Commissioner Corcoran stated that he would rather not require the applicant to hire a sound engineer. Senior Planner Bator explained that they could always continue the item so that the sound could be measured and then reported back to the Commission. Chair Bakker stated that he wonders if the neighbors had complaints going back further in time. Senior Planner Bator explained that a noise study is expensive and recommended that noise equipment be installed by a consultant and monitored. Commissioner Corcoran stated that under that process they will only be given the numbers that currently exist but won t be able to calculate proposed noise of a full business. Senior Planner Bator stated that the point of the conditions in the staff report are to make the use more compatible with the surrounding areas. Chair Bakker stated that he is in favor of the noise study and a continuance. Vice Chair Curtis stated that she is in favor of approving the kennel with conditions that help the surrounding neighbors. Commissioner Corcoran asked if the project was continued if they could revise the conditions. Senior Planner Bator explained that revising the conditions is a possibility and explained how a continuance and sound study would work. MOVED BY CHAIR BAKKER, SECONDED BY COMMISSIONER CORCORAN TO CONTINUE THE PROJECT DATE CERTAIN TO THE JUNE MEETING. MOTION APPROVED VOTE: 4-0 DRAFT MINUTES ITEM 5 CUP EA APNs: ; ; ; ; ; ; ; ; ; ; ; ; ; ; Location: 15 properties location along the east side of Jimmy Durante Drive between Jimmy Durante Boulevard and the Old Grand Avenue Bridge Owners/Applicants: City of Del Mar, San Dieguito River Valley Conservancy, San Dieguito River Park Joint-Powers 112 June 9, 2015 Item 01

127 City of Del Mar PLANNING COMMISSION STAFF REPORT June 09, 2015 APPLICATION: V REQUEST: A request for a Variance from Del Mar Municipal Code (DMMC) Section to allow previously constructed concrete retaining walls and gates to exceed maximum height limits within front and street side yards and from Section (M)to allow previously constructed permanent landscape features, a spa, and overhead structures within the otherwise required front, side, and street side yard setbacks at the site of a single-family residence. APPLICANT/OWNER: Jeff Kelley SITE LOCATION: 2007 Santa Fe APN: COMMUNITY PLAN DESIGNATION: High Density ZONE: RM-West ENVIRONMENTAL STATUS: Exempt BACKGROUND: The project site is located at 2007 Santa Fe Avenue in the RM-West and Floodplain Overlay Zones (see Exhibit A). The 7,813 square-foot property is currently developed with a two-story, single-family residence. The property is bordered by Santa Fe to the west and Camino del Mar to the east. The site s building pad is located approximately 30 feet below the street level of Camino del Mar and approximately 5 feet above the street level of Santa Fe Avenue. The western portion of the lot is visually screened by a dense hedge, which extents approximately 10-feet above the height of the Santa Fe Avenue sidewalk. In 1937, the eastern portion of the lot (3,005 square-feet) was conveyed to the State of California for Highway 101, in the form of a 50-foot wide easement which significantly reduced the property s buildable area to 4,808 square-feet. The residence is structurally nonconforming in that it exceeds the maximum permitted floor area ratio (FAR) and does not comply with Floodplain Development Standards. 1 Juen 9, 2015 Item 02

128 PLANNING COMMISSION STAFF REPORT: V June 9, 2015 Community Plan Designation The Community Plan designates the RM-West Zone for Medium Density Mixed Residential. The Community Plan states that the RM West zone is designed to allow for an area of single-family and duplex development on individual lots of 5,000 square feet or greater. Remodeling of Nonconforming Structure As previously mentioned, the existing residence is structurally nonconforming in that: 1) it exceeds the maximum permitted floor area ratio (FAR); and 2) it does not comply with the floodplain development standards for construction in the Floodplain Overlay Zone. The applicants have documented that the proposed improvements would constitute a minor vs. a major remodel since the value of the remodel would be less than 50% of the valuation of the existing structure based on the City s Building Valuation methodology (see Exhibit B ). Because the project does not constitute a major remodel, the applicant is not required to abate the existing structural non-conformities. Floodplain Development Permit Section of the Floodplain Overlay Zone requires the issuance of a Floodplain Development Permit for the construction of new floor area or substantial improvement of an existing structure (greater than fifty percent of the existing structure value). The applicant is not proposing to construct any new floor area on the existing residence that would trigger the need for receipt of a Floodplain Development Permit (FDP) and, as mentioned in the previous report section, the project would not constitute a major remodeling of the residence. Therefore, a Floodplain Development Permit is not required for this project. Previous Zoning and Design Review Approvals In 1968, a Variance was granted by the City for a portion of the structure that currently encroaches into the required street side-yard setback along 20 th Street, reducing the setback along 20 th Street from a 10 setback as required by Code to 6 3 setback. Surrounding uses are primarily single-family residential in character. On April 2008, the Design Review Board approved a Design Review Permit (DRB-08-08) to remodel the exterior of the single-family residence. Improvements to the structure included alteration of existing roof profiles, elimination of existing roof deck area above the garage and the conversion of existing enclosed area to open roof-deck at the home s south elevation. In September 2012, the Planning and Community Development Director approved Administrative Design Review permit application, ADR-12-15, for the construction of a new pool, fencing/walls, barbeque area, solar shade cover and various hardscape improvements on the property. In May 2014, the City s Code Enforcement issued a Notice of Violation to the property s owner for the construction of several exterior improvements that were not approved as part of the abovementioned ADR or DRB permits. Some of the improvements, which are discussed below, are Page 2 of 6 2 Juen 9, 2015 Item 02

129 PLANNING COMMISSION STAFF REPORT: V June 9, 2015 located within the lot s required yard setback areas. Absent the receipt of a variance and design review approvals, removal of the improvements would be required. The previously approved pool was not constructed and is no longer proposed. ANALYSIS: Project Description The applicant has constructed the following exterior improvements, which are depicted on the submitted plan sheet labeled Proposed Variance Site Plan: 1. A 7-foot-tall concrete privacy wall with a built-in water feature at the south elevation of the residence within the required street side yard setback area; 2. Two 6-foot-tall privacy/security gates within the within the required street side yard setback area; 3. A 7.5-foot-high automated retractable patio awning within the required front yard setback area at the west elevation of the residence; 4. A 6 8 high poured in place concrete privacy/security wall within the required front yard setback area at the west elevation of the residence, along Santa Fe Avenue; 5. A 6 8 high Ipe wood privacy/security fencing and entry gate within the required front yard setback area at the west elevation of the residence, along Santa Fe Avenue; 6. A concrete built-in BBQ counter within the required front yard setback area at the west elevation of the residence; 7. A spa with an overhead shade/privacy structure within the required front yard setback area at the west elevation of the residence; and 8. A 7.5-foot-tall overhead patio/storage cover within the required interior side yard at the north elevation of the residence. A letter of explanation and proposed justification for the Variance request has been provided by the property owner (see Exhibit B). Several letters of support from neighboring property owners have be included as Exhibit C. Design Review Considerations If the requested Variance to allow the above-mentioned improvements are granted, the applicants will be required to obtain the appropriate Design Review approvals for the proposed changes. As proposed, the revisions would qualify for Administrative Design Review and would not require Design Review Board (DRB) review unless written objection is submitted during the public notification period. VARIANCE REQUESTS/FINDINGS: The proposal involves a variance from DMMC Sections (A-1) to construct walls and fencing within the required front and street-side yard setbacks at a height exceeding the maximum allowed by Code. Specifically, the applicant is requesting walls and fencing exceeding 6 8 tall where the DMMC would only allow 4 6 tall (front yard) and 4 8 tall (street side yard) walls/fencing. Page 3 of 6 3 Juen 9, 2015 Item 02

130 PLANNING COMMISSION STAFF REPORT: V June 9, 2015 Additionally, the applicant is requesting a variance from DMMC Section (M) to construct permanent improvements (spa and overhead patio covers /structures, and counter) that would not otherwise be allowed within required front and interior side yard setback areas. The findings required to grant a Variance are found in Chapter of the DMMC and are shown on the following pages with recommended findings for approval. A. A Variance from the terms of the Zoning Ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Proposed Finding: The lot s size, width, depth and shape are not unique in that the lot meets all [dimension] requirements of the RM-West Zone. However, sloping topography, rising steeply up to Camino del Mar to the east, encumbers approximately one-third of the eastern portion of the site. An easement for the location and maintenance of Camino del Mar (formerly State Highway) also encumbers the eastern portion of the site (3,015 square-feet). Due to the existence of the steeply sloping topography and public highway easement, buildable area and available level yard space is constrained and is limited to the westerly portions of the lot. Additionally, this site is uniquely located in that it is bound by three public streets (Camino del Mar, Santa Fe Avenue, 20 th Street). Cyclists and pedestrians utilizing the west side of Camino del Mar can look down into the eastern and northern portions of the site. Santa Fe Avenue and 20 th Street are heavily utilized for beach parking. Strict application of the Zoning Ordinances regarding wall/fence heights along street frontages and setback (overhead screening) encroachments would deprive the property of privacy and security privileges enjoyed by other RM-West properties in the vicinity. B. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Proposed Finding: The granting of this variance to construct yard improvements and walls/fences exceeding height limits within the required front and street side yard setbacks would not constitute a special privilege, because of the special circumstances created by the steep topography and the public highway easement that restrict development and outdoor/yard us to the western portion of the property. C. A Variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. Proposed Finding: The proposed walls/fencing, spa, and patio/overhead structures are accessory to a single-family dwelling, which is allowable within the RM-West Zone. Page 4 of 6 4 Juen 9, 2015 Item 02

131 PLANNING COMMISSION STAFF REPORT: V June 9, 2015 D. No Variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan; Proposed Finding: The location and existence of the sloping topography and public highway easement significantly restrict outdoor use opportunities on the property to the western portion of the property, adjacent to Santa Fe Avenue and 20 Street. While the some of the proposed improvements could be relocated to meet height and setback encroachment regulations, the applicant s ability to enjoy the privilege of having private, secure outdoor living and yard areas enjoyed by other property in the vicinity and RM-West Zone would be significantly limited. 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; Proposed Finding: The need for a Variance is not self-induced. The sloping topography and public highway easement existed at the time the applicant purchased the property. 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the Zoning Code; or Proposed Finding: The request would not allow a variation as to constitute a rezone or amendment to which other property owners are not entitled since the proposed residential use and accessory uses (walls, fencing, yard structures) are allowed in the RM-West Zone. 4. Would authorize or legalize the maintenance of any private or public nuisance. Proposed Finding: The Variance request would not result in the authorization or legalization of a public nuisance since a single-family residence is an allowed use in the RM-West Zone. RECOMMENDATION: Planning staff recommends that the Planning Commission review the application V relative to the Variance findings found in DMMC with staff s analysis. If the Commission concurs with staff s recommended findings for approval of the Variance request, the Planning Commission should adopt the attached [draft] resolution of approval (Exhibit D). Respectfully submitted, Matt Bator, ACIP, Senior Planner Page 5 of 6 5 Juen 9, 2015 Item 02

132 PLANNING COMMISSION STAFF REPORT: V June 9, 2015 Exhibit A Aerial Site Photo Exhibit B Letter of Explanation Exhibit C Letters of Support Exhibit D Draft Resolution of Approval Page 6 of 6 6 Juen 9, 2015 Item 02

133 EXHIBIT A 7 Juen 9, 2015 Item 02

134 EXHIBIT B June 3, 20.l 5 Del Mor Plonning Commission C/o Motl Botor, AICP, Senior Plonner City of Del Mor 1050 Comino del Mor Del Mor, CA RECEIVED JUN??ots CITY OF DEL MAR PIANNING DEPARTMENT RE: Vorionce Request: Vl4-008 (Kelley Residence) 2007 Sonto Fe Avenue, Del Mor, CA Deor Molt ond the Del Mor Plonning Commission: I om writing regording my setbock vorionce request for my property locoted ot 2OO7 Sonto Fe Avenue, Del Mor. I purchosed the property in Since lhe time of purchose, I hove oddressed some overdue deferred mointenonce on the property ond hove mode improvements to improve the look ond livobility of the home, including the outdoor potio improvemenls lhot ore subject to this vorionce. The property hos frontoge on three sides: olong Sonto Fe; 20th Street; ond Comino del Mor up olong the bock. The Highwoy l0l right-of-woy eosement ond extreme topogrophy dropping down from the 'l0l (Comino del Mor) reduces lhe omount of "buildoble" lot oreo ovoiloble for development by olmost 40% of the lot size. There hove been lwo prior vorionces gronted for the property (V-ó8-.l4 ond V-96-04). The substondord net loï oreo, coupled with the footprint of the exisling house, moke lhe front yord oreo lhe only oreo ovoiloble for ony outdoor yord spoce improvemenls -- ond hoving indoor/outdoor living spoce is o signoture design component of most homes in the North Beoch plonning district. There ore olso sofety ond privocy considerotions lhot foctor into the request. Heovy beoch troffic populotes our streets throughout the yeor, especiolly during the summer. The improvements hove been mode to ensure odequole sofety, security, ond privocy to my property. The improvements hove olso been designed to provide visuol screening of very imporlont surf equipment from Sonto Fe,20tn Street, ond looking down from the l0l. As shown in the "before" ond "ofter" pholos (oltochedj tfre visuol quolity of the property hos remoined unchonged when viewed from neighboring properties ond public right-of-woy. The hedge thot surrounds the property frontoge pre-dotes my purchose of the home. The unique size, topogrophy, ond locotion creote speciol circumstonces to substontiote this vorionce. Such similor circumstonces hove olso served os justificotion for severol recent prior vorionces opproved within the neighborhood, ]rcluding the Oliphont home under conslruction immediotely next door (V-07-02) ond the Podovoni residence locoled ocross the street on Sonto Fe (V-0ó-0,l ond V ). I hove wonderful relolionships with oll my surrounding neighbors ond mony of them hove submitted letters in support of my request. 8 Juen 9, 2015 Item 02

135 Letler to Plonning Commission RE: V]4-008 (Kelley) June 3, I respectfully osk for your opprovol of this request. I thonk you for your efforts to help me obtoin lhe opprovols necessory to upgrode the property to meet my needs ond lifestyle, ond in so doing moinloin exisling community chorocter. Pleose coll my representotive, Bob Scott, AICP o1858/ó if you hove ony questions. Sincerely, Jeff 200 Avenue, Del Mor cc: Bob scott, AlcP, RJS Plonning + Sustoinobility Attochment 9 Juen 9, 2015 Item 02

136 ATTACHMENT 10 Juen 9, 2015 Item 02

137 Ezl85/2Ð15 Ø7:21-7Eø34555ø1 AFFILIATED CONST PAGE 81/81 Wesley D. O\iPhant??400 Ave of thë State$ Pnlm Deser! CA 9221 I EXHIBIT C WesÔlí@aol.com February 4, 2015 FAXIHEB (ß58)7ss'2794 The CirY of Del Mar Planning ÞePartment 1050 Camino del Mar Det Mar, CA c/o Matt Ëator, Scnior Planner Re: Letter o:[support for Case Vl4-008: JeffKellY applicant 2007 Santa Fe Avenue Dear Matt: I am the property owner of 201 Fe which is afiacent and North of Jeffs home. I am familiar with his improvemenrs f,nd rny wife 't[tt3$anta * f'h"r" *iiov* *ooial gatherings on his beautiful patio' we have no objections 1o the improvønents that Jeff has constructed, therefor prease flrnd this letter as our support for his varianoc rcquest' Sincerely, \ty'esley Fax (?60) Offise (?60) Juen 9, 2015 Item 02

138 R. Paul Allen 2036 Santa Fe Avenue Del Mar, CA February 11, 2015 c/o Matt Bator, Senior Planner Re: Support letter for Case V Jeff Kelly applicant 2007 Santa Fe Avenue Dear Mr. Bator: I live at and own the property located at 2036 Santa Fe Avenue which is across the street and three homes North of Jeff Kelley's home. Jeff is a good neighbor, being very considerate of his adjacent neighbors. I have lived here since 1973 and have seen the nice improvements that Mr. Kelley has made to his property since he purchased it. Previously, this property has undergone various changes, some not very well executed. The lot is very small and I believe Mr. Kelley's improvements have been well thought out, resulting in an asset to our neighborhood. I have absolutely no objections to what Mr. Kelley has constructed to improve his property. Please accept this letter as my full support for his variance requests. Kindest regards, RÞo^l. Allr^ R, Paul Allen r rpadelm ar@yahoo. com 12 Juen 9, 2015 Item 02

139 Feb 16 '15 07:45p Dennis Munden p,1 Fcbruary,72,20L4 City Planner of Del Mæ Planning Department 1050 Camino del Mar Del Mar, CA920l4 Fax Letter 8s Cc lvlatt Bator, Senior Planne Re: Letter of Support for Case VI4-0OB JeffKelly applicant 2007 Santa Fe Avenue Dear À{att; I am the homeowner at 1953 Santa Fs Avenu. My home is located on the comer of 20th and Santa Fe. We are located risross the street from Jeffs hor se. I have watched closely the improvemene Jeffhas måde to his house and property. \Vithoutfaih re, every improvement has been done with the intent to not only add to his house but also the irnprovement of the neighborhood. My wife a rd I wholeheartedly support Jeffs improvements and support his request for a variance. Please feel free to contact me with any qu stions you may have. Sincerely tø' a! and Martba 13 Juen 9, 2015 Item 02

140 Toni Cieri P. O. Box 1"051 Del Mar, CA92OL4 February 27,20L5 The City of Del Mar Planning Department L050 Camino Del Mar Del Mar, CA c/o Matt Bator, Senior Planner Re: Letter of supportfor Case V14-008J Propertv address: 2907 Sqntq fe Avenue Dear Matt: I am Toni Cieri property owner of th Street in Del Mar, directly across the street from Jeff Kelly's home, I am writing in support of the variance and to allow the improvements as built at 2007 Santa Fe Avenue. I am the only property with frontage on the 200 block of 20th St, which is a dead end cul de sac. There is no pedestrian traffic that is impacted. Mr. Kelly has created a visually harmonious surrounding, with natural landscaping that is visually appealing to the neighborhood. cerely, Toni Cieri TClch ccl.leff t<elly 14 Juen 9, 2015 Item 02

141 RECEIVED APR 0 e 2015 City of Del Mar Administrative Services Dept. April 9,2015 To: Planning Commission : Matt Bator Re: Mr Kelly's Wall ( ltem V ) After receiving correspondence, re: the Variance request by Mr Kelly, I visited the site and studied the concrete retaining wall. I was informed that the wall protruded about 2" towards the street and thereby not in compliance with the rules governing " set backs". I have lived at 2028 Santa Fe Ave for 50 years and have been extremely impressed with how the Kelly properly has been improved. His home improvements have enhanced the aesthetic appearance of the block. I love the wall and I think it would be a shame to force the owner to adjust the wall for a couple of inches. I sincerely hope the Design Review Board will allow the wallto remain as it now stands. lt is actually tastefully done and has an artistic flare. ln closing lwould like to mention that lwas not asked to prepare this letter. I did so because I was curious why I received the application for a variance and decided to check it out. Regards. Charles " Chuck" Hile 15 Juen 9, 2015 Item 02