CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA RES. ITEM NO. NO. XI.A.1 November 4, 2015 TO: FROM: SUBJECT: Planning Commission Department of Environmental Services A PUBLIC HEARING TO CONSIDER THE DEFERRAL OF AN ADMINISTRATIVE HEARING DECISION TO APPROVE CUP-S-783, A CONDITIONAL USE PERMIT REQUEST TO ALLOW 11 DOGS AT A SINGLE-FAMILY RESIDENCE, LOCATED AT 758 DONNINGTON COURT, AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION It is recommended that the Planning Commission consider the application, evaluate public testimony, and select one of the following alternatives: 1. Adopt a resolution (page 7) approving CUP-S-783; or 2. Adopt a resolution (page 9) denying CUP-S-783; or 3. Adopt a resolution approving the project with modifications; or 4. Provide staff with other direction. BACKGROUND AND OVERVIEW On October 7, 2015, the Department of Environmental Services held an Administrative Public Hearing to consider an excessive animal keeping Conditional Use Permit requested by Linda Bollea. The applicant is requesting to allow 11 dogs at a single-family residence located on a acre lot. The Department of Environmental Services deferred the public hearing to the Planning Commission due to neighbor concerns received in writing and public testimony at the hearing regarding barking dogs. The Department of Environmental Services is requesting that the Planning Commission evaluate the conditions of approval of CUP-S-783 for consistency with the findings in the Simi Valley Municipal Code, General Plan, City Design Guidelines, appropriateness of location, and to consider the potential for additional conditions to meet these requirements. The applicant currently has 11 dogs on the property without a Conditional Use Permit. On June 22, 2015, the Department of Community Services Code Enforcement Division received a complaint for excessive animals and barking dogs on the property located at 758 Donnington Court. Code Enforcement Officer Kelly Tinker contacted the CUP-S-783 (vdl)

2 homeowner, Linda Bollea, who verified that 11 dogs were on the property. Mr. Tinker explained that the Simi Valley Municipal Code allows a maximum of four domestic animals without a Conditional Use Permit. On July 22, 2015, Ms. Bollea submitted an application for a Conditional Use Permit to allow her to keep the 11 dogs. Prior to the Administrative Public Hearing, the Department of Environmental Services staff received additional complaints, and thus requested that the applicant submit a Noise Study. The Noise Study was received on the day of the hearing and determined by staff to be inadequate. Staff is requesting additional information for the Noise Study prior to the Planning Commission hearing. The Department of Environmental Services received several letters regarding the case prior to the public hearing held on October 7, 2015 (refer to Exhibit 1). The applicant, applicant s representatives, applicant s family members, and four neighbors of the applicant attended the public hearing. Three of the neighbors were in opposition due to the dogs barking, and one neighbor had no concerns with the dogs. FINDINGS AND ALTERNATIVES The property is zoned Residential Planned Development 0.04 within the Wood Ranch Specific Plan [RPD-0.04 (SP)]. The Simi Valley Municipal Code (SVMC) Section D.2.b, allows four dogs, four cats, or four Vietnamese potbellied pigs or any combination of four of these animals to be kept on each residential unit. The SVMC Section F1.b allows owners of properties over 20,000 square feet to apply for a Conditional Use Permit to keep excess animals. The subject property consists of a acre lot within a Wood Ranch gated community, with a 7,248-square foot residence, 680-square foot guesthouse, six-car detached garage, and a 1,008-square foot enclosed outdoor dog run. The nearest residence is over 600 feet away. The project is conditioned to maintain the dogs within the enclosed dog run at all times when the dogs are outside (Condition *5, Exhibit A). The property must be kept clean, odor free, and sanitary on a daily basis and maintained free from litter, garbage, and the accumulation of feces (Condition *6, Exhibit A). The applicant must not keep more than 11 dogs on the property at any given time, and all of the dogs must maintain licenses with the Ventura County Animal Services (Condition *7, Exhibit A). If the Planning Commission determines that the CUP allowing 11 dogs at a singlefamily residence is consistent with the Simi Valley Municipal Code, General Plan, and City Design Guidelines, the Planning Commission may adopt a resolution (page 7) approving CUP-S-783. Refer to Exhibit 1 (Administrative staff report) dated October 7, 2015 for the environmental and project conditions of approval. If the Planning Commission determines that the CUP allowing 11 dogs at a singlefamily residence is inconsistent with the Simi Valley Municipal Code, General Plan, and City Design Guidelines, the Planning Commission may adopt a resolution (page 9) denying CUP-S-783. CUP-S-783 (vdl) 2

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4 PLANNING COMMISSION PUBLIC HEARING PROCEDURE HEARING DATE: November 4, 2015 CUP-S CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of CUP-S-783 and the determination that the project is exempt from the California Environmental Quality Act therefor. 2. STAFF: (Report) 3. ANY COMMISSIONER: (Questions of staff) b) Are there any ex parte communications to report? c) May we have an oral report on this matter by staff. 4. CHAIRMAN: We will open the public testimony portion of the hearing. 5. CHAIRMAN: Would the applicant like to present the project? 6. CHAIRMAN: Are there any questions for the applicant? 7. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter? 8. AUDIENCE: (Comments) 9. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Director/City Planner, Assistant City Attorney, and staff members in the audience.) (b) Would the applicant like to respond to any of the comments regarding statements made during the public hearing? c) If there are no further questions, we will close the public testimony portion of the hearing. d) Are there any comments or questions from members of the Planning Commission? CUP-S-783 (vdl) 4

5 10. ANY COMMISSIONER: (Comments) 11. CHAIRMAN: May I please have a reading of the Resolution. 12. RECORDING SECRETARY: (Reads Number and Title of Resolution) 13. CHAIRMAN: The Chair will now entertain a motion. 14. ANY COMMISSIONER: I move to adopt a resolution approving CUP-S-783 and a determination that the project is exempt from the California Environmental Quality Act. or I move to adopt a resolution denying the project. or I move to adopt a resolution approving CUP-S-783 and a determination that the project is exempt from the California Environmental Quality Act with modifications/conditions. [Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.] *Any action to refer the matter back to staff or to continue the matter requires a second and a vote. 15. CHAIRMAN: A motion was made by Commissioner. 16. CHAIRMAN: May I have a Second. 17. ANY COMMISSIONER: I second the motion. 18. CHAIRMAN: Call for the vote. 19. CHAIRMAN: The motion (passes or fails). 20. CHAIRMAN: The appeal period for the Conditional Use Permit is 14 calendar days. or CUP-S-783 (vdl) 5

6 21. ANY COMMISSIONER: I move continuation of the matter until the meeting of. or 22. ANY COMMISSIONER: I move continuation of the matter to a date uncertain. 23. CHAIRMAN: Proceed to the next item. CUP-S-783 (vdl) 6

7 RESOLUTION NO. SVPC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY APPROVING A CONDITIONAL USE PERMIT FOR CASE NO. CUP-S- 783, AND THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THEREFOR WHEREAS, the applicant, Linda Bollea, has requested approval for a Conditional Use Permit for that certain acre site located at 758 Donnington Court, known as Ventura County Assessor's Parcel No , for the purpose of allowing 11 dogs on a single-family residential lot; and WHEREAS, pursuant to the provisions of Section of the California Environmental Quality Act, the project qualifies as Categorically Exempt and a Notice of Exemption was prepared; and WHEREAS, on October 7, 2015, the Department of Environmental Services of the City of Simi Valley held a Public Hearing and the Deputy Director/City Planner deferred the decision to the Planning Commission. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY DOES RESOLVE AS FOLLOWS: SECTION 1. The findings, for approval, for CUP-S-783, contained in the staff report dated October 7, 2015, and incorporated herein by reference, are hereby adopted. SECTION 2. The Conditional Use Permit CUP-S-783 is hereby approved, subject to compliance with all the conditions, attached hereto as Exhibit A. Violation of any such condition will be grounds for revocation of the permit, as well as any other remedy which is available to the City. SECTION 3. This approval does not constitute a vested entitlement or vesting of rights to construct any of the land uses or improvements described in the Conditional Use Permit. No existing provisions of state law, or provisions of state law as may hereafter be adopted, amended or judicially interpreted, will be construed as authorizing this Conditional Use Permit to constitute a vested entitlement or vesting of rights to construct. Approval of the Conditional Use Permit will in no way impair the power or the right of the City Council to initiate a general plan amendment, specific plan amendment, zone change or other action to consider alternative land use designations and zoning for the subject property prior to the issuance of building permits and the construction of substantial improvements in good faith reliance thereon, or prior to the vesting of rights to the extent provided by Government Code Section et seq. or CUP-S-783 (vdl) 7

8 RES. NO. by the express terms of a development agreement adopted pursuant to Government Code Section et seq. SECTION 4. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section Attest: PASSED and ADOPTED this 4 th day of November, Vivienne DeLuca Recording Secretary Scott Santino, Chairperson Planning Commission Approved as to Form: Approved as to Content: David Caceres Assistant City Attorney Peter Lyons, Director Department of Environmental Services I HEREBY CERTIFY that the foregoing Resolution for CUP-S-783 was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on November 4, 2015, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: Vivienne DeLuca Recording Secretary CUP-S-783 (vdl) 8

9 CUP-S-783 (vdl) 9 RESOLUTION NO. SVPC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY DENYING A CONDITIONAL USE PERMIT FOR CASE NO. CUP-S-783 THEREFOR WHEREAS, the applicant, Linda Bollea, has requested approval for a Conditional Use Permit for that certain acre site located at 758 Donnington Court, known as Ventura County Assessor's Parcel No , for the purpose of allowing 11 dogs on a single-family residential lot; and WHEREAS, pursuant to the provisions of Section of the California Environmental Quality Act, the project qualifies as Categorically Exempt and a Notice of Exemption was prepared; and WHEREAS, on October 7, 2015, the Department of Environmental Services of the City of Simi Valley held a public hearing and the Deputy Director/City Planner deferred the decision to the Planning Commission. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY DOES RESOLVE AS FOLLOWS: SECTION 1. The findings, for denial, for CUP-S-783, contained in the staff report dated October 7, 2015, and incorporated herein by reference, are hereby adopted. SECTION 2. Based on the evidence and testimony presented, the Planning Commission hereby denies CUP-S-783. SECTION 3. This denial does not constitute a vested entitlement or vesting of rights to construct any of the land uses or improvements described in the Conditional Use Permit. No existing provisions of state law, or provisions of state law as may hereafter be adopted, amended or judicially interpreted, will be construed as authorizing this Conditional Use Permit to constitute a vested entitlement or vesting of rights to construct. Denial of the Conditional Use Permit will in no way impair the power or the right of the City Council to initiate a general plan amendment, specific plan amendment, zone change or other action to consider alternative land use designations and zoning for the subject property prior to the issuance of building permits and the construction of substantial improvements in good faith reliance thereon, or prior to the vesting of rights to the extent provided by Government Code Section et seq. or by the express terms of a development agreement adopted pursuant to Government Code Section et seq. SECTION 4. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section DENIED and ADOPTED this 4 th day of November, 2015.

10 RES. NO. Attest: Vivienne DeLuca Recording Secretary Scott Santino, Chairperson Planning Commission Approved as to Form: Approved as to Content: David Caceres Assistant City Attorney Peter Lyons, Director Department of Environmental Services I HEREBY CERTIFY that the foregoing Resolution for CUP-S-783 was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on November 4, 2015, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: Vivienne DeLuca Recording Secretary CUP-S-783 (vdl)

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