The URL can be used to link to this page

Item 3.1 - Approval of Enviro Assessment, CUP 14-005, MDRA 14-025, & VAR 14-009; Morningstar Real Estate Serv., ApplicantOF POl}i9y City of Poway y C ®UNCIL AGENDA REPORT CITY IN THE C�J APPROVED APPROVED AS AMENDED O (SEE MINUTES) DENIED O REMOVED O CONTINUED RESOLUTION NO. a -14't) .IqD DATE: December 2, 2014 TO: Honorable Mayor and Members of the City Council FRONT: Daniel Singer, City Manager 'p� INITIATED BY: Robert J. Manis, Director of Development Services Richard Whipple, City Planner Scott Nespor; Development Services Technician,S W SUBJECT: Environmental Assessment, Conditional Use Permit 14 -005, Minor Development Review Application 14 -025, and Variance 14 -009; The Paw Pad Summary: The applicant, Gunner Milo Inc., is requesting approval to establish an animal day care and kennel business on a developed commercial site located at 12255 Poway Road. The existing building would be used for an indoor kennel. New outdoor activity areas are proposed. The project includes a request for a Variance to exceed City noise standards. The site is located in the Community Business (CB) zone and the Poway Road Specific Plan area. Recommended Action: It is recommended that the City Council adopt the Negative Declaration (Attachment A) and approve Conditional Use Permit (CUP) 14 -005, Minor Development Review Application (MDRA) 14 -025, and Variance (VAR) 14 -009 subject to the attached Resolution (Attachment B). Background: The project site is currently developed with an approximate 5,400- square -foot building and includes paved areas for parking and circulation. The site has been previously occupied by a succession of vehicle sales and service businesses and other automotive - related uses, the first of which predates City of Poway incorporation. Currently no business is established on the site. The site is situated on the south side of Poway Road, east of Oak Knoll Road, between the Oak Knoll Plaza and the Poway Promenade. The eastern property line runs along a creek. Easterly portions of the site are located within Federal Emergency Management Agency (FEMA) designated floodway and floodplain. The location and zoning map is included as Attachment C. 1 of 54 December 2, 2014 Item [# 3.1 Environmental Assessment, CUP 14 -005, MDRA 14 -025, and VAR 14 -009 December 2, 2014 Page 2 Findings: The new business, which will be known as The Paw Pad, will operate a day care and an overnight indoor kennel. Up to a total of 200 animals will be at the facility at any one time. The facility will primarily be used for dogs; however, a portion will be dedicated to cats. The day care proposes to operate between 6:30 am and 7:00 pm, Monday through Friday. Crate or cage -free overnight boarding will take place within the building for a maximum of 60 animals. The Paw Pad will also offer obedience training, grooming, photography, and wellness programs. The largest component of the business will be a dog day care facility. As such, the business will be busiest on weekdays. In addition to the overnight boarding, the project proposes to have promotional events on the weekends. The proposed day care hours, animal capacities, and other detailed activities of the facility are outlined in the operational statement that has been submitted with the CUP application and is included as Attachment D. In addition to occupying the existing building, the project will establish two outdoor activity areas: one in front of the building and the other in back of the building. These areas will be enclosed by a ten - foot -high cedar fence and covered by a cloth canopy. The fence will have two - foot -wide vertical lattice panels that will provide visual variation. The canopies will be beige canvas material and will not extend above the roofline of the building. The building's trim will be painted green. The existing paved surface within the outdoor activity areas will be covered with artificial turf. The parking lot will provide 21 parking spaces. The proposed site plan is attached as Attachment E. The north building elevation, which is along Poway Road, is included as Attachment F. Parking The Poway Municipal Code (PMC) does not have a parking requirement for animal day care and kennel businesses. In determining the needed parking for this business, staff considered the use of the PMC parking requirement for children's day care which would have a similar parking demand. The PMC parking requirement for day care is one space per 10 children plus provision of adequate drop areas. The site provides parking in compliance with this standard (i.e. 200 animals at one space per 10 is 20 parking spaces). Additionally The Paw Pad will provide a drop -off aisle in front of the facility by making some minor site improvements that are necessary to accommodate adequate drive aisle width. Storm Water Runoff The Paw Pad will provide Low Impact Development (LID) design features on the site and implement business practices to minimize polluted storm water runoff. The LID features and business practices are outlined in the operational statement. The operational statement indicates that solid pet wastes will be picked up regularly and the outdoor areas will be washed daily. The outdoor areas will be covered to minimize rainfall contact with animal wastes. The existing paving within the outdoor activity areas that will be surfaced with artificial turf will be perforated with bored holes to allow water (either from wash down activity or rain) to infiltrate into the ground. Additionally, a five- 2 of 54 December 2, 2014 Item # 3.1 Environmental Assessment, CUP 14 -005, MDRA 14 -025, and VAR 14 -009 December 2, 2014 Page 3 foot swath of existing paving that runs roughly parallel to the easterly property line near the creek will be removed. This depressed area will be covered with mulch and provide another opportunity for storm water to infiltrate the ground instead of draining offsite. Odor Control The operational statement outlines the cleaning practices for the artificial turf in the outdoor activity areas not only to minimize polluted storm water runoff but for odor control. The turf areas will be sprayed daily alternatively with a water -based solution that contains either an enzymatic solution to neutralize urine and bacteria or bleach to control bacteria. Solid waste will be picked up frequently and put in bags. Trash pickup will be scheduled on a weekly basis. Floodway A small portion of the existing secondary building lies within the floodway. Expansion of the building area is not being proposed. Since building improvements will be interior, the City's Floodplain Management ordinance requires that the value of the improvements to the building cannot exceed 50% of the current value of the building. The proposed project meets this requirement. The dog run fence in the rear will be located outside of the floodway, but is allowed within the 100 -Year Flood Plain. Noise Variance The CUP involves establishment of a dog kennel and day care business, which includes two outdoor daytime activity areas. One outdoor activity area is in the front of the site along Poway Road and one is located in the rear portion of the site. Some dogs will only stay during the day, others will be kept overnight. Accordingly, there will be noise associated with barking dogs both during the day and nighttime hours. A Noise Study was prepared for the project by Investigative Science and Engineering Inc. The study reports that noise during the nighttime hours, when up to 60 dogs could be kenneled indoors, will be between 43 and 48 decibels (dBA), and that noise during daytime hours, when up to 75 dogs will be using the outdoor activity areas, will be 65.1 dBA. The PMC has two separate noise standards applicable to the project. The noise standard contained in PMC 17.34.040 relates to the dog kennel use specifically and relates to the existing, ambient noise levels in the area. The PMC stipulates that noise associated with a kennel must be within the ambient noise levels for the area. The study determined the ambient noise level in the front portion of the site is between 44 and 82 dBA, and in the rear portion of the site to be between 44 to 68 dBA. Since the projected noise during the nighttime hours is between 43 to 48 dBA and the projected noise level during the daytime is 65.1 dBA, which are both within the ambient levels, the project complies with the ambient noise standard. The PMC stipulates another noise standard applicable to the project which is based on the project site's underlying Community Business (CB) zoning. The noise standard contained in PMC 8.08.040 stipulates that noise generated from any use in the CB zone 3 of 54 December 2, 2014 Item # 3.1 Environmental Assessment, CUP 14 -005, MDRA 14 -025, and VAR 14 -009 December 2, 2014 Page 4 cannot be more than 55 dBA during nighttime hours and no more than 60 dBA during daytime hours. The study reported that nighttime noise would be between 43 and 48 dBA. The project complies with the nighttime standard for the CB zone. The study reported, however, that daytime noise associated with the outdoor activity areas would be 65.1, which is slightly more than 5 dBA over the daytime standard for the CB zone. PMC 8.08.220 contains a provision for variances to noise standards. The project involves a request for a variance pertaining to the exceedance of the 60 dBA daytime standard for the CB zone. The project site is located within a fully developed commercial area along a major commercial corridor. The projected noise is within the ambient levels in the area. It is also important to note that a similar dog kennel and day care business has operated for many years in the immediate vicinity without complaints and that there are minimal residential uses nearby that are more than 400 feet from the project site. For these reasons staff recommends approval of the Variance. Condition of Approval A Condition of Approval is recommended that the business comply with all stipulations included in the operational statement that was submitted with the CUP application. Public Comment As a result of the mailed public hearing notice conducted for the project, and as of the writing of this report, the City has received one piece of correspondence. The correspondence is included as Attachment G and is from a residential property owner located approximately 500 feet to the north of the project site. In the correspondence concerns are expressed regarding noise associated with barking dogs. Noise is discussed in detail in the section above. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. The EIS indicates the project would have no, or a less than significant impact on the environment. It is recommended that a Negative Declaration (ND) be approved. The EIS and ND are included in the Resolution provided as Attachment A. Notice of the availability of the EIS and proposed ND for public review and comment was provided pursuant to the requirements of CEQA. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants within a 500 -foot radius of the site. 4 of 54 December 2, 2014 Item # 3.1 Environmental Assessment, CUP 14 -005, MDRA 14 -025, and VAR 14 -009 December 2, 2014 Page 5 Attachments: A. Resolution Adopting the ND (including the EIS) B. Resolution Approving CUP 14 -005, MDRA 14 -025, and VAR 14 -009 C. Zoning and Location Map D. Operational Statement E. Site Plan F. Poway Road Elevations G. Correspondence 5 of 54 December 2, 2014 Item # 3.1 RESOLUTION NO. P -14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 14 -005, MINOR DEVELOPMENT REVIEW APPLICATION 14 -025, AND VARIANCE 14 -009 WHEREAS, the City Council considered Conditional Use Permit (CUP) 14- 005, Minor Development Review Application (MDRA) 14 -025, and Variance (VAR) 14 -009; a request to allow The Paw Pad to operate an animal day care and overnight kennel at 12255 Poway Road; and WHEREAS, on December 2, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against; relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) an Environmental Initial Study (EIS) and a proposed Negative Declaration (ND) have been prepared for CUP 14 -005, MDRA 14 -025, and VAR 14 -009. The City Council has considered the EIS and ND, and public comments received on the EIS and ND. The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND attached to this Resolution as Exhibit A. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of December, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk 6 of 54 ATTACHMENT A December 2, 2014 Item # 3.1 Resolution No. P -14- Page 2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -14- was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Sheila R. Cobian, CIVIC, City Clerk City of Poway 7 of 54 December 2, 2014 Item # 3.1 INSON M CITY OF POWAY DON HIGG Mayor DAVE GROSCH, Deputy Mayor JIM CUNNINGHAM, Coun6member JOHN MULLIN, Councilmember Exhibit A STEVE VAUS, Councilmember CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: Gunner Milo Inc. PO Box 60506 San Diego, CA 92166 2. Project Name and Brief Description of Project: Environmental Assessment, Conditional Use Permit (CUP) 14 -005, Minor Development Review Application (MDRA) 14 -025, and Variance (VAR) 14 -009; Morningstar Real Estate Services, Applicant: A request for approval to establish an animal kennel and day care business, which includes a request for a Variance to City noise standards, on a developed commerical site located at 12255 Poway Road, in the Community Business zone. 3. In accordance with Resolution 83 -084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required. 4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist for this project. 5. The decision of the City Council of the City of Poway is final. Contact Person: Scott Nespor Phone: (858) 668 -4656 Approved by: Date: December 2, 2014 Robert J. Manis Director of Development Services Attachments: Environmental Initial Study City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074 -0789 8 of 54 www.poway.org December 2, 2014 Item # 3.1 CITY OF POWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST A. INTRODUCTION This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared a Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: Conditional Use Permit (CUP) 14 -005, Minor Development Review Application (MDRA) 14 -025, and Variance (VAR) 14 -009 2. Lead Agency Name and Address: City of Poway, Development Services 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Jason Martin, Senior Planner, (858) 668 -4658 4. Project Location: 12255 Poway Road 5. Project Sponsor's Name and Address: Gunner Milo Inc. P.O. Box 60506, San Diego CA 92166 6. General Plan Designation: Community Business (CB) 7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases of the project, and any secondary, support, or offsite features necessary for its implementation. Attach additional sheets if necessary). The project is a request to establish an animal kennel and day care business on a developed, currently vacant commercial site. The site consists of an approximate 5,400- square -foot building, landscape areas, vehicle parking and circulation areas, and other open paved surface areas. The business would provide 24 -hour kenneling, daytime dog day care, and ancillary activities such as grooming, obedience training and wellness training for dogs. The project includes the establishment of two separate outdoor dog activity areas that are enclosed within a fence and include covers over these areas for shade, which total approximately 8,500 square feet in area. The project also involves a request for a Variance to exceed the City noise standard relating to barking dogs. 8. Surrounding Land Uses and Setting: The project site is located within an area that can be characterized as urbanized. Poway Road, which is a major commercial corridor, is along the north side of the site and developed commercial uses exist on the north side of Poway Road. The site abuts developed commercial uses to the west. A creek, which is a United States Geological Survey (USGS) mapped "blue line" creek and contains some flood control improvements such as rip rap ", abuts the site to the southeast and developed commercial uses are beyond the creek. 9 of 54 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 9. Other agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Traffic ❑ Public Services ❑ Population and Housing ❑ Biological Resource ❑ Utilities and Service ❑ Geology /Soils ❑ Mineral Resources Systems • Hydrology / Water Quality ❑ Hazards /Hazardous Materials ❑ Aesthetics • Air Quality ® Noise ❑ Cultural Resources ❑ Agricultural /Forestry ® Greenhouse Gas Emissions ❑ Recreation Resources Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, ❑ there will not be a significant effect in this case as revisions in the project have been made by or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED NEGATIVE DECLARATION will be prepared. find that the proposed project MAY have a significant effect on the environment, and an I n ENVIRONMENTAL IMPACT REPORT is required. P I find that the proposed MAY have a "potentially significant impact" or "potentially ❑ significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, ❑ because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. �AWX�- k`11 (f dP City of Poway 10 of 54 2 December 2, 2014 Item # 3.1 , EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 C. EIS and Checklist 11 of 54 3 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED 1. AESTHETICS. Would _ project: a. Have a substantial adverse effect on a X scenic vista? b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of X the site and its surroundings? d. Create a new source of substantial light or glare which would X adversely affect day or nighttime views in the area? II. AGRICULTURAL AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including 11 of 54 3 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 12 of 54 4 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural X use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code X section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned 12 of 54 4 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 13 of 54 5 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forestland or conversion of X forestland to non - forest land? e. Involve other changes in the existing environment that, due to their location or nature, could result in X conversion of farmland to non - agricultural use or conversion of forestland to non - forest use? 111111. AIR QUALITY. Where available, the significan- criteria - .• -• by - applicable management or air .. . • district may be relied upon make the following determinations. Wo • the project: a. Conflict with or obstruct implementation of the X applicable air quality Ian? b. Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the X project region is non - attainment under an applicable federal or 13 of 54 5 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 14 of 54 6 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial X pollutant concentrations? e. Create objectionable odors affecting a X substantial number of people? BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species X in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on X federally protected 14 of 54 6 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 15 of 54 7 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native X resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community X Conservation Plan, or other approved local, regional or state habitat conservation Ian? V. CULTURAL Would the -.- a. Cause a substantial adverse change in the significance of a X historical resource as defined in Section 15064.5? 15 of 54 7 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 16 of 54 8 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED b. Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including X those interred outside of formal cemeteries? GEOLOGY SOILS. Would the project: a. Expose people or structures to potential substantial adverse X effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for X the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic X round shaking? iii) Seismic - related ground failure, X including liquefaction? iv) Landslides? X 16 of 54 8 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 17 of 54 9 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED b. Result in substantial soil erosion or the loss X of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially X result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building X Code (1994), creating substantial risk to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal X systems where sewers are not available for the disposal of wastewater? VILGREENHOUSE EMISSIONS. . . the project: a. Generate greenhouse gas emissions, either directly or indirectly, X that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of X reducing the emissions of greenhouse gases? 17 of 54 9 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 18 of 54 10 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED VIII.HAZARDS HAZARDOUS Would the project a. Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances or waste within one - quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not X been adopted, within two miles of a public airport or public use 18 of 54 10 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 19 of 54 11 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED airport, would the project result in a safety hazard for people residing or working within the project area f. For a project in the vicinity of a private airstrip, would the project result in a X safety hazard for people residing or working in the project area? g. Impair implementation of, or physically interfere with, an adopted emergency X response plan or emergency evacuation Ian? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildland areas X adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY QUALITY. WATER Would the project: a. Violate any water quality standards or X waste discharge requirements? b. Substantially deplete groundwater supplies or interfere substantially with X groundwater recharge such that there would be a net deficit in 19 of 54 11 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 20 of 54 12 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED aquifer volume or a lowering of the local groundwater table lever (e.g., the production rate of pre- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been granted. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on- or offsite? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or X river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater X drainage systems or provide substantial additional sources of pollute runoff? f. Otherwise substantially degrade water quality? X 20 of 54 12 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 21 of 54 13 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED g. Place housing within a 100 -year flood hazard area as mapped on a Federal Flood Hazard X boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would X impede or redirect flood flows? i. Exposing people or structures to a significant risk of loss, injury or death X involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, X tsunami, or mudflow? X. LAND USE AND PLANNING. Would the project: a. Physically divide an established X community? b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any X applicable habitat 21 of 54 13 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 22 of 54 14 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED conservation plan or natural community conservation Qlan. X1. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of future X value to the region and the residents of the State? b. Result in the loss of availability of a locally important mineral resource recovery site X delineated on a local general plan, specific plan or other land use Ian? XILNOISE. Would the ..- - a. Exposure of persons to, or generation of, noise levels in excess of standards established in the local X general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to, or generation of, excessive ground X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in X the project vicinity above levels existing without the project? d. A substantial temporary X or periodic increase in 22 of 54 14 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 23 of 54 15 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people X residing or working in the project area to excessive noise levels? XIII.POPULATION HOUSING. Would the project: a. Induce substantial growth in an area either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating X the construction of replacement housing elsewhere? c. Displace substantial numbers of people, X necessitating the 23 of 54 15 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 24 of 54 16 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED construction of replacement housing elsewhere? XIV. PUBLIC SERVICES. a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, X the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. i. Fire protection? X ii. Police protection? X iii. Schools? X iv. Parks? X v. Other public X facilities? XV. RECREATION. a. Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the X construction or expansion of 24 of 54 16 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 25 of 54 17 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED recreational facilities which might have an adverse physical effect on the environment? -• • TRAFFIC Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation, including mass transit X and non - motorized travel and relevant components of the circulation system, including, but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand X measures, or other standards established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, X including either an 25 of 54 17 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 26 of 54 18 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate X emergency access? f. Conflict with adopted policies, plans or programs regarding public transit, bicycle or X pedestrian facilities, or otherwise decrease the performance or safety of such facilities? XVII. UTILITIES AND SERVICE Would the project: a. Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new stormwater drainage X facilities or expansion of existing facilities, the 26 of 54 18 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 27 of 54 19 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements X and resources, or are new or expanded entitlements needed? e. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has X adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g. Comply with federal, state and local statutes X and regulations related to solid waste? MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or X wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to 27 of 54 19 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. AESTHETICS: a. No impact. The site is fully developed with a commercial building and paved areas and is surrounded by developed commercial properties which are along a major commercial corridor. Establishment of fenced areas with shade covers are in keeping with the surrounding developed commercial areas. No impact will occur. 28 of 54 20 December 2, 2014 Item # 3.1 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NOIMPACT IMPACT MITIGATION IMPACT INCORPORATED eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulative considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c. Does the project have environmental effects which will cause substantial X adverse effects on human beings either directly or indirectly? D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. AESTHETICS: a. No impact. The site is fully developed with a commercial building and paved areas and is surrounded by developed commercial properties which are along a major commercial corridor. Establishment of fenced areas with shade covers are in keeping with the surrounding developed commercial areas. No impact will occur. 28 of 54 20 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 b. No impact. See response I.a. c. No impact. See response I.a. d. No impact. Exterior lighting similar to that currently utilized in the surrounding developed commercial area will be utilized. No impact will occur. AGRICULTURAL AND FORESTRY RESOURCES: a) No Impact. The project site is fully developed with a building and paved areas for commercial use and is located within a developed commercial area with no farmland uses in the vicinity. Thus, the project would not result in the conversion of Prime Farmland, Unique Farmland or Farm -land of Statewide Importance to non - agricultural uses. No impact would occur. b) No Impact. The project site is not currently zoned for agricultural use and does not contain Williamson Act contract land. No impact would occur. c) No Impact. The project site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. No impact would occur. d) No Impact. As stated in response Il.c, the project site is not located in an area containing forest land. Accordingly, the project would not convert any forest land to non - forest use, and no impact would occur. e) No Impact. The project would not directly impact agriculture or forest lands, nor introduce new elements into the landscape that would contribute to future conversion of agricultural use to non - agricultural use or forest land to non - forest use. No impact would occur. III. AIR QUALITY: a. No impact. The City of Poway is part of the San Diego Air Basin and air quality in the area is administered by the San Diego County Air Pollution Control District (APCD). An Air Quality Management Plan (AQMP) describes air pollution control strategies to be taken by a City, County or region classified as a non - attainment area to meet the Clean Air Act (CAA) requirements. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies Plan — 1994 (jointly developed by the APCD and the San Diego Association of Governments- SANDAG) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project will not have a significant adverse impact on air quality in the area. The zoning and General Plan designation for the site envision potential establishment of dog kennels. The use, therefore, will not have an impact and conflict with implementation the Regional Air Quality Strategies Plan. b. No impact. See response Ill.a. c. No impact. See response Ill.a. 29 of 54 21 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 d. No impact. See response Ill.a. e. Less than significant impact. The project involves establishment of a dog kennel and day care business and, therefore, dog wastes will be generated on the site with the potential for odor. The business operations plan stipulates that dog solid waste will be picked up frequently and disposed of in a waste collection area that will be situated towards the interior of the site and more than 50 feet from any adjacent commercial building and removed from the site regularly. Additionally, the outdoor dog activity areas will be washed down daily. Impacts will be less than significant. IV. BIOLOGICAL RESOURCES: a. No impact. The site is fully developed with a building and paved areas. No removal of natural vegetation will occur. No impact would occur. b. No impact. The project site is located within an area that can be characterized as urbanized. Poway Road, which is a major commercial corridor, is along the north side of the site and developed commercial uses exist on the north side of Poway Road. The site abuts developed commercial uses to the west. A creek, which is a United States Geological Survey (USGS) mapped "blue line" creek and contains some flood control improvements such as "rip rap ", abuts the site to the southeast and developed commercial uses are beyond the creek. The creek contains a high degree of invasive type vegetation and is the subject of regular flood control maintenance activity. The project will not result in the removal of vegetation in the creek. The site will be developed with Low Impact Development (LID) features to minimize polluted storm water run -off associated with pet wastes into the creek (See discussion Hydrology and Water Quality). No impact will occur. c. No impact. See responses IV.a and b. d. No impact. See response IV.a and b. e. No impact. No natural vegetation, or any onsite tree, is proposed to be removed. No impact will occur. f. No impact. See response IV.a and b. V. CULTURAL RESOURCES: a. No impact. According to the Prehistoric and Historic Resources Element of the Poway General Plan, the project site is located in an area with a high probability that archeological resources are present. The site was graded and developed over 25 years ago. Only minimal earth disturbing activities associated with digging holes for new fence supports will occur No impact will occur. b. No impact. See response V.a. c. No impact. See response V.a. d. No impact. See response V.a. VI. GEOLOGY AND SOILS: a.i No impact. The site is fully developed with a building and paved areas. Only minimal earth disturbing activities will occur associated with digging holes for new fence supports. Other activity involves perforating paving for drainage and removal of a section of currently paved area to establish an LID feature to minimize polluted storm water runoff from the site, which will have negligible if any effect on soil. No impacts would occur. a.ii No impact. See response VI.a.i. a.iii No impact. See response VI.a.i. 30 of 54 22 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 a.iv No impact. See response VI.a.i. b. No impact. See response VI.a.i. c. No impact. See response VI.a.i. VII. GREENHOUSE GAS EMISSIONS: a. Less than significant impact. Greenhouse gases allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping; thereby warming the Earth's atmosphere. Greenhouse gases are emitted by both natural processes and human activities. The accumulation of greenhouse gases in the atmosphere affects the Earth's temperature. Emissions of greenhouse gases in excess of natural ambient levels are thought to be responsible for the increase of the "greenhouse" effect and contribute to what is called "global warming ". The State of California's Climate Change Scoping Plan aims to reduce state and local greenhouse gas emissions by primarily targeting the largest emitters of greenhouse gases — transportation, including emissions from vehicles, and energy sectors. Item XVI.a below concludes that the project is not anticipated to result in a substantial number of new vehicle trips on roads, particularly since the site has been developed and used for commercial uses for over 25 years. Impacts would be less than significant. b. No impact. See response Vll.a. VIII. HAZARDS AND HAZARDOUS MATERIALS: a. No impact. The project involves the establishment of a dog kennel and day care use on a developed site that will not involve the use of hazardous materials or otherwise result in any public hazards. No impact will occur. b. No impact. See response Vlll.a. c. No impact. See response Vlll.a. d. No impact. The site is not on the established lists of hazardous wastes sites. No impact would occur. e. No impact. The closest airport to the project site is the Marine Corps Air Station at Miramar military base, which is approximately 7.5 miles away. The project does not involve habitable structures that would result in exposure of people to safety hazards. Therefore, the project would not result in a safety hazard for people residing or working in the project area. No impact would occur. f. No impact. See response Vlll.e. The project site is not within the vicinity of a private airstrip. Therefore, the project would not result in a safety hazard for people residing or working in the project area. No impact would occur. g. No impact. See response Vlll.a. h. No impact. According to the Very High Fire Hazard Severity Zones map for Poway, the project site is not located within a Very High Fire Hazard designated area. Additionally, the project site is within an urbanized and developed area, and not located adjacent to any large expanse of wildlands. The project, therefore, would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact will occur. IX. HYDROLOGY AND WATER QUALITY: a. Less than significant. The project involves establishment of a dog kennel and day care business on a developed commercial site which is adjacent to a creek and is also otherwise served by the City -wide storm water conveyance system. The 31 of 54 23 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 project proposes two separate outdoor activity areas where dog waste will primarily be generated. These outdoor areas will be on existing paved areas that will be fenced, surfaced with artificial turf, and covered for shade. LID design features and business operation procedures will be implemented with the project to minimize polluted storm water runoff; and include keeping the dogs within a confined area, covering the area to minimized rainfall (and runoff) from the areas, perforating the pavement underneath the artificial turf to enable waste to infiltrate into the soil when the areas are washed down on a daily basis, picking up solid waste frequently, and the establishment of a depressed area in the ground along the rear property line. This area is located above and adjacent to the creek that is located to the southeast of the project site and will capture any runoff that results in the outdoor activity area before reaching the creek. As a result, impacts will be less than significant. b. No impact. The project involves establishment of a dog kennel and day care business on a developed commercial site which will rely on the City potable water system, not groundwater. No impact will occur. c. No impact.. See response IX.b d. No impact. The project would not alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on or offsite. No impact would occur. e. No impact. The project would not alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite. No impact would occur. f. Less than significant. See response IX.a g. No impact. The project does not involve the placement of housing for humans on the project site. No impact will occur. h. No impact. A small southeasterly portion of the site is located within the delineated Floodplain and a smaller portion in the Floodway. No improvements are proposed within the Floodway. A portion of the outdoor activity area proposed in the rear of the site is within the Floodplain. Accordingly, that improvement will require the processing and approval of a Flood Plain Development Permit where compliance with City requirements will be ensured. No impacts will occur. i. No impact. The project would not result in exposing people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. See response IX.g. No impact would occur. j. No impact. The project would not result in inundation by seiche, tsunami, or mudflow. The project site is not located within or adjacent to any mapped dam inundation areas. Ramona Dam is the closest dam to the project site. See response IX.g. No impact would occur. X. LAND USE AND PLANNING: a. No impact. The project site is developed for commercial use, has been used for commercial uses for over 25 years, is along a major commercial corridor, and in an area that is developed with commercial uses. No impact will occur. b. No impact. See response X,a.. c. No impact. The Poway Subarea Habitat Conservation Plan (HCP) serves as the planning document for the preservation and management of sensitive biological habitat areas in the City of Poway. The HCP is consistent with the regional and sub - regional planning efforts within San Diego County pursuant to the State of California's Natural Community Conservation Plan act of 1991. The project is not 32 of 54 24 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 located within the HCP Mitigation Area. Additionally, no natural vegetation removal will occur as a result of the project. No impact would occur. XI. MINERAL RESOURCES: a. No impact. According to the mineral resource, as recognized Division of Mines and Geology, i the South Poway area of the City would occur to mineral resources. b. No impact. See response XI.a. XII. NOISE: Poway General Plan, the only known valuable by the California Department of Conservation, s construction quality sand and gravel located in The project site is not in this area. No impact a. Less than significant impact. The project involves establishment of a dog kennel and day care business, which includes two outdoor daytime activity areas. One outdoor activity area is in the front of the site along Poway Road and one is located in the rear portion of the site. Some dogs will only stay during the day, others will be kept overnight. Accordingly, there will be noise associated with barking dogs both during the day and nighttime hours. A Noise Study was prepared for the project by Investigative Science and Engineering Inc. The study reports that noise during the nighttime hours, when up to 60 dogs would be kenneled indoors, will be between 43 and 48 decibels (dBA), and that noise during daytime hours, when up to 75 dogs will be using the outdoor activity areas, will be 65.1 dBA. The Poway Municipal Code (PMC) has two separate noise standards applicable to the project. The noise standard contained in PMC 17.34.040 relates to the dog kennel use specifically and relates to the existing, ambient noise levels in the area. The PMC stipulates that noise associated with a kennel must be within the ambient noise levels for the area. The study determined the ambient noise level in the front portion of the site is between 44 and 82 dBA, and in the rear portion of the site to be between 44 to 68 dBA. Since the projected noise during the nighttime hours is between 43 to 48 dBA and the projected noise level during the daytime is 65.1 dBA, which are both within the ambient levels, the project complies with the ambient noise standard. The PMC stipulates another noise standard applicable to the project which is based on the project site's underlying Community Business (CB) zoning classification. The noise standard contained in PMC 8.08.04 stipulates that noise generated from any use in the CB zone cannot be more than 55 dBA during nighttime hours and no more than 60 dBA during daytime hours. The study reported that nighttime noise would be between 43 and 48 dBA. The project complies with the nighttime standard for the CB zone. The study reported however that daytime noise associated with the outdoor activity areas would be 65.1, which is slightly more than 5 dBA over the day time standard for the CB zone. PMC 8.08.220 contains a provision for variances to noise standards. The project involves a request for a variance pertaining to the exceedance of the 60 dBA daytime standard for the CB zone. The project site is located within a fully developed commercial area along a major commercial corridor. The projected noise is within the ambient levels in the area. It is also important to note that a similar dog kennel and day care business exists in the immediate vicinity and that 33 of 54 25 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 there are minimal residential uses nearby that are more than 400 feet from the project site. Project noise impacts will be less than significant. b. No impact. The project will not cause any ground vibrations. No impacts will occur. c. No impact. See response Xll.a on ambient noise discussion. d. No impact. See response Xll.a on ambient noise discussion. e. No impact. The closest airport to the project site is the Marine Corps Air Station at Miramar military base, approximately 7.5 miles to the southwest. The project does not involve, nor does it propose habitable structures that would result in exposure of people to excessive noise levels. Therefore, the project would not result in excessive noise levels for people residing or working in the project area and no impact would occur. f. No impact. The project site is not within the vicinity of a private airstrip. Therefore, the project would not result in excessive noise levels for people residing or working in the project area and no impact would occur. XIII. POPULATION AND HOUSING: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. Therefore, the project would not induce substantial direct or indirect population growth in the surrounding area. No impact would occur. b. No impact. See response Xlll.a. c. No impact. See response Xlll.a. XIV. PUBLIC SERVICES: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. The site is adequately served by all public services. No impact would occur. a.i No impact. See response XIV.a. a.ii. No impact. See response XIV.a. a.iii.No impact. See response XIV.a. a.iv.No impact. See response XIV.a. a.v. No impact. See response XIV.a. XV. RECREATION: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. The business will not result in a demand for park or recreation services. No impact would occur. b. No impact. See response XV.a. XVI. TRANSPORTATION AND TRAFFIC: a. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is currently vacant. Where the traffic generated by the new business will add traffic to the transportation system, since it is currently vacant, the added traffic is consistent with that which. was previously generated by the prior business and the existing transportation system is designed to accommodate such traffic. No impact will occur. 34 of 54 26 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14 -005, MDRA 14 -025, and VAR 14 -009 b. No impact. See response XVI.a. c. No impact. The project does not involve air traffic. No impact will occur. d. No impact. The project does not involve any alteration of existing transportation design features, and is not located within an area with existing hazardous transportation design features. No impact will occur. e. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is currently designed for adequate emergency vehicle access. No impact will occur. f. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot and will not conflict with conflict with, or otherwise impact transit, bicycle, or pedestrian systems. No impact will occur. XVII. UTILITIES AND SERVICE SYSTEMS: a. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is adequately served by existing utility and service systems. No impact will occur. b. No impact. See response XVll.a. c. No impact. See response XVI.a. d. No impact. See response XVI.a. e. No impact. See response XVI.a. f. No impact. See response XVI.a. g. No impact. See response XVI.a. XVIII. MANDATORY FINDING OF SIGNIFICANCE: a. No impact. See responses IV a and IV.b. b. Less than significant impact. See responses Ill.e, Vll.a, IX.a, and Xll.a. c. Less than significant impact. See responses !ll.e and Vll.a 35 of 54 27 December 2, 2014 Item # 3.1 RESOLUTION NO. P -14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 14 -005, MINOR DEVELOPMENT REVIEW APPLICATION 14 -025, AND VARIANCE 14 -009 ASSESSOR'S PARCEL NUMBER 317 - 151 -60 WHEREAS, the Applicant, Gunner Milo Inc., requests approval of Conditional Use Permit (CUP) 14 -005, Minor Development Review Application (MDRA) 14 -025, and Variance (VAR) 14 -009 to establish an animal day care and kennel business, which includes a request for a variance from City noise standards, on a developed commerical site located at 12255 Poway Road, in the Community Business zone; and WHEREAS, the proposed project involves an overnight kennel for up to 60 dogs /cats, day care for up to 200 dogs /cats, other ancillary activities, and construction of two covered and enclosed outdoor activity areas; and WHEREAS, on December 2, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 14 -005 to establish an animal day care and kennel at 12255 Poway Road are made as follows: A. The proposed location, size, design, and operating characteristics of the animal day care and overnight kennel are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway General Plan, and the development policies and standards of the City, in that animal boarding is allowed with the approval of a Conditional Use Permit. B. The location, size, design, and operating characteristics of the animal day care and kennel will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or structures in that the use will be conducted within a building, except for outdoor activity areas that will be screened from view from the street and neighboring properties by a fence. C. That the harmony in scale, bulk, coverage and density of the animal day care and kennel is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to serve the animal day care and kennel. No new utilities are proposed. 36 of 54 December 2, 2014 Item # 3.1 Resolution No. P -14- Page 2 E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the animal day care and kennel is located within an existing building and the outdoor activity areas will be screened from view by fencing. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan. The business would provide adequate off - street parking for cars. G. The site is suitable for the type and intensity of the proposed development in that the animal day care and kennel is in an area with other businesses and is appropriate to the purpose of the CB zone, in which the site is located, with the approval of a Conditional Use Permit. H. There will not be significant harmful effects upon environmental quality and natural resources in that the operator has provided a management plan for regular cleaning of the outdoor activity areas and are providing Low Impact Development (LID) design features that will provide a means for infiltration of storm water into the ground. There is no relevant negative impact associated with the operations of the animal day care and kennel. J. The potential impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the animal day care and kennel, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan or the Poway Road Specific Plan, in that the associated activities will be conducted indoors or behind a fence and will be screened from view from neighboring development and the street. K. The proposed animal day care and kennel will comply with the applicable provisions of the Zoning Ordinance and the Poway Road Specific Plan, with the exception of noise which is the subject of a variance. Section 2: The findings for MDRA 14 -025, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding commercial development, and conforms to City zoning and development standards. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on the surrounding community by utilizing exterior building materials and an architectural design that 37 of 54 December 2, 2014 Item # 3.1 Resolution No. P -14- Page 3 is consistent with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the MDRA would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the new use. D. The project has been designed to be compatible with development in the surrounding area by utilizing exterior building materials and an architectural design that is consistent with nearby development. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally - related impact upon adjoining properties, as the project has been designed to be compatible with development in the surrounding community by utilizing exterior building materials and an architectural design that is consistent with nearby development. F. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as the provisions of the Zoning Code. Section 3: The findings for VAR 14 -009, in accordance with PMC 8.08.220 Variances are made as follows: A. The noise that will be generated by the project during daytime hours will be within the range of existing ambient noise in the area. B. During the nighttime animals will be kept indoors and therefore noise will comply with all established City standards for nighttime noise levels. C. Surrounding uses are developed commercial uses including a similar animal day care and kennel business. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for CUP 14 -005, MDRA 14 -025, and VAR 14 -009 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. , B. In accordance with the Poway General Plan, the project requires the payment of applicable development impact fees, which are assessed on a pro -rata basis to 38 of 54 December 2, 2014 Item# 3.1 Resolution No. P -14- Page 4 finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 5: The City Council hereby approves CUP 14 -005, MDRA 14 -025, and VAR 14 -009, as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP, MDRA, and VAR request shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance (except for noise standard pursuant to the approved variance) and all other applicable City Ordinances in effect at the time of Building Permit issuance. Additionally, the project shall comply with the stipulations contained in the applicant's submitted operational statement on file with the City. C. Within 60 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood, and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 14 -005, MDRA 14 -025, and VAR 14 -009 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. 39 of 54 December 2, 2014 Item # 3.1 Resolution No. P -14- Page 5 F. CUP 14 -005, MDRA 14 -025, and VAR 14 -009 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Proposed signage shall be in accordance with the Poway Sign Ordinance; the necessary permits and approvals shall be obtained for any signage proposed prior to installation. H. The applicant shall obtain a Building Permit prior to construction. Prior to issuance of a Building Permit, the applicant shall comply with the following: (Planning) 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 3. The applicant shall contact the Poway Unified School District [858 679 -2570] to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 4. All architectural details shown on the approved CUP /MDRA/VAR plans shall also be shown on the building plan check submittal. Modifications to the building or site design details on the approved CUP /MDRA plans may require an MDRA revision and City Council approval. 5. If new roof - mounted equipment is proposed, the building plans shall include elevations and cross sections that show all new roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. (Engineering) 6. All spoil materials from footings and foundations shall be legally disposed of offsite unless a Grading Permit for placement of the materials is obtained from the Department of Development Services — Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 40 of 54 December 2, 2014 Item # 3.1 Resolution No. P -14- Page 6 7. The applicant shall incorporate Low Impact Development (LID) design features into the site development as applicable. These shall be clearly shown and identified on the site plan that is included with the building plan check submittal, and be appropriately sized for the proposed level of development. 8. A minimum cash security for erosion control for $2,000 is required. 9. The applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 10. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 11. Some of the proposed improvements are located within a regulated floodplain. A Floodplain Development Permit shall be approved and issued prior to Building Permit issuance. All applicable fees shall be paid prior to floodplain permit issuance. 12. Prior to start of any work within a City -held right -of -way, a Right -of -Way Permit shall be obtained from the Engineering Division of the Development Services Department. , All appropriate fees shall be paid prior to permit issuance. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668 -4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 3. A 2A10BC fire extinguisher(s) is required for office areas every 3,000 square feet and 75 feet of travel distance. 41 of 54 December 2, 2014 Item '# 3.1 Resolution No. P -14- Page 7 4. Roof covering of the existing building and the canopies in the activity areas shall be fire retardant as per PMC 15.04.050, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 5. The building shall display the approved numbers and /or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and be a size between six (6) inches (minimum) and 18- inches (maximum). The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department - ASTREA criteria. J. Prior to issuance of the Certificate of Occupancy: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. Applicant shall provide signage and pavement markings for one -way access at the westerly driveway entrance and for the proposed drive north of the fenced enclosure and building. 3. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. K. Upon establishment of the dog day care and overnight boarding. facility, pursuant to CUP 14 -005, MDRA 14 -025, and VAR 14 -009 the following shall apply: (Planning) 1. The dog activity areas shall be confined to the areas depicted on the approved CUP /MDRA/VAR Site Plan. The canopies shall be pulled taut and maintained in good condition. 2. The owner or operator of the animal day care and animal boarding facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit and in accordance with the applicant's operational statement on file with the City. 3. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 42 of 54 December 2, 2014 Item # 3.1 4. A Sign Permit is required for a wall banner sign. All signage Comprehensive Sign Regulations. Resolution No. P -14- Page 8 permanent wall sign and a temporary shall comply with the PMC 17.08.040 5. Within a year of the commencement of operations, an additional street tree shall be planted in accordance with the requirement of the City of Poway Landscape and Irrigation Design Manual at the location shown on the approved site plan. 6. All landscaping onsite and within the adjacent public right -of -way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. 7. The parking areas, driveways and landscape areas shall be well maintained. 8. Weekend special events shall be contained within the building and /or the fenced outdoor activity areas. Events conducted within the parking lot shall require the processing and approval of a Temporary Use Permit. All business parking needs shall be accommodated on -site in designated parking spaces as shown on the site plan on file with the City. Should the business need additional parking for special events the business operator may enter into an agreement with adjoining or nearby properties for shared use of parking in cases where that property has surplus (i.e. in excess of City requirements) parking available. Section 6: The approval of CUP 14 -005, MDRA 14 -025, and VAR 14 -009 shall expire on December 2, 2016, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP /MDRA/VAR approval has commenced prior to its expiration. Section 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 43 of 54 December 2, 2014 Item # 3.1 Resolution No. P -14- Page 9 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of December, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -14- was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Sheila R. Cobian, CMC, City Clerk City of Poway 44 of 54 December 2, 2014 Item # 3.1 N 0 125 250 500 Feet Zoning / Location Map Item: The Paw Pad A 45 of 54 December 2, 2014 Item`# 3.1 pet lesori9 Cage -Free Boarding & Wellessfenter OPERATIONAL STATEMENT Operational flow starts at check -in kiosks (260sf) conveniently located adjacent to 8+ parking stalls for primary business customers to drop off /pick up pets for boarding (day & overnight); average daily customer trips estimated at 30 -40 vehicles per day with 5 -10 minutes visit tunes. Peak "drop -off hours are between 6:30am - 9:00am and peak "pick up" hours between4:30.pm - 7:00pm. A display and reception area (1;631sf). includes two ADA restrooms situated in main building for customer counseling and education; .grooming & food prep. areas (847sf) for pet wash /manicure services and pet food .preparation separated by furniture is accessed by employed care keepers only; separate warehouse areas (2,852sf) for cage free boarding kennels, training, therapy and temperament testing accessed by trained care keepers only. Boarding kennel area.. will be equipped with 5'x5' feeding cages for separate feeding or:if a dog needs alone time, also for "crated. boarding option" offered. in addition to "cage fee ". Existing facility already equipped with operational ,systems (mechanical; plumbing, electrical) required for adequate lighting and ventilation for excellent atmosphere and comfort to pets; keepers and customers; including reception /display area,. management offices, grooming tubs; laundry appliances, small kitchen appliances, restrooms, branded fixtures, furniture, and technical equipment tol be located in main building and kiosk offices as depicted in floor plan. Dog Run Yards to be situated in front079sf) and back (4,524sf) to have control fencing to ensure pet safety per San Diego County Animal Control standards. The number of employees required to start operations under "The Paw Pad" standards are;1 operational manager,1 admission.94, - keeper,1 groomer, ) trainer /therapist,1 dog run keeper per yard utilized. At full capacity (200 pets) the number of employees (4 -10) vary between 4 - 8 hour shifts per day onsite at one time =1 keeper/ 20 dogs depending on occupancy levels. Day care service hours are between 6:30am - 7:00pm Monday thru Friday and partial hours during weekends With no more than 75 dogs allowed in the outdoor dog run areas at onetime. Overnight boarding is a combination of "crated" and "cage free" with one overnight employee per 30 dogs not to exceed a 60 dog overnight boarding capacity. Dogs in open yard runs are always supervised. All pets remain indoors between 7:00pm - 6:30am with intermittent supervised yard access only for pets to relieve themselves. After hours supervised yard access is limited to 2 pets at one time. RECEIVED gCT. 9 3 2014 "Serving our community with an unprecedented level of exceptional pet care" OWNWOMM 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742 -8542 u �? ��® - 46 of 54 ATTACHMENT D December 2, 2014 Item # 3.1 W/. 9P Fib 9001 Reserk. Cale-Fr a i wellniss Canter OPERATIONAL STATEMENT Facilfty This project consists of minor building improvements estimated :under $50,000 for interior and exterior branding with no environmental impacts. The existing interior partition walls will be modified to accommodate the primary service of 'pet day cam" with ancillary services provided to existing customers including; obedience training, grooming, photography, wellness programs (I.E. yoga, massage, vaccination clinic -non surgical). The outdoor dog runs .are equipped with artificial turf installed over existing surface and several control gates to ensure safety. The dog run is equipped with removable dog houses, playground apparatus, custom designed splash pond /waterfall and decorative sail structure canopies secured inside a commercial grade solid wood fenced yard compliant with commercial building standards. The sail structures are oriented to fence posts and aligned with industrial metal posts approximately 10 -12 feet high anchored with secured cables to provide adequate shade, comfort and safety throughout the-dog run area. All operational services and any promotional or special events will be conducted within the interior of building or enclosed yard spaces. The removable splash pond. placed near building to access a water source approximately 10'x11' on existing surface above ground and water is 12inch" deep with custom waterfall feature. Pond water is filtered and treated twice daily to ensure cleanliness and PH balance. The Paw Pad water quality controls and potential bacterial pollutants management plan meets City standards to determine equivocal exemptions under California Environmental Quality Act and Standard Urban Storm Water Management Plan. Water Quality Controls & Potential Bacterial Pollutants Management Plan contains, at a minimum, the following elements: an exhibit identifying the outside dog activity areas, and source controls to ensure best management practices (BMP's) that will be employed to minimize. bacterial pollutants runoff. The premises shall adhere to this approved Plan for the duration of Conditional Use Permit (CUP) issued by City of Poway. The Paw Pad project reviewed by City will detail any requirements to comply with LID's and BMP's to minimize :.bacterial pollutant containment or run -off as follows: 47 of 54 "Serving our community with an unprecedented level of exceptional pet care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742 -8542 December 2, 2014 Item # 3.1 Pef ReSolt: Cag�Fre ftafng A WROSS WINN OPERATIONAL STATEMENT 1.) Interior drain filters are "Groomers Best" for all utility sinks and grooming tubs: 2.) The outside synthetic lawn area will be sprayed nightly with a water/bleach enzymatic,solution (Sol) in a concentration recommended by the manufacturer of the product This concentrate consists of 3 ounces of bleach per one gallon of water and the Sol enzymatic solution consists of 2 ounces of product per one gallon of water. The bleach solution kills any bacterial pollutants and the Sol enzymatic solution is specifically designed to neutralize urine and bacteria The use of these disinfectants will be alternated nightly. 3.) Any excess moisture left on the synthetic lawn is wet /dry. vacuumed. This prevents any moisture from draining into nearby storm drains and has the. added benefit of collecting loose materials and /or dog fur to keep the grounds clean. 4.) "Rain Day" Procedures - dog run closed and all activities moved indoors. Artiflicial Turf.is green on top, in. the middle and even underneath. Beyond the color, Artificial Turf goes a long way towards better environmental sustainability which makes it truly "green." Artificial Turf backing is approximately 60 -70% green by weight The System is an engineered component system which contributes to environmental sustainability. The first component is the primary backing which helps extend the product life cycle by using 10% less material that is stronger and has superior dimensional stability compared to traditional artificial grasses. Underlayment drainage channel allows for drainage under the turf, but over the asphalt, ensures a clean and sanitary environment. Solid waste is picked up immediately after any excretion and hermetically sealed in biodegradable bags then placed in garbage dumpster for weekly service by EDCO. "Serving our community with an unprecedented level of exceptional pet. care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742 -8542 48 of 54 December 2, 2014 Item # 3.1 49 of 54 Pat Resedy cale-Fra s®a ' e A VOINUVOlar OPERATIONAL-STATEMENT "Serving our community with an unprecedented level of exceptional pet care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (132) 742 -8542 December 2, 2014 Item. # 3.1 OPERATIONAL STATEMENT Zeoffte lease- for symllk4ic lawn - The installation techniques utilized to neutralize odors organically with natural zeolite crystals. Used in many industries for purification, these crystals absorb and eliminate up to 80% of the odor caused by ammonia in pet waste. This material is 100 percent-natural. zeolite volcanic mineral with an ionic charge that attracts odors. Millions of micro -sized pores in this natural mineral provide superior odor absorption and long-lasting results. Zeolite regenerates by exposure to sun or dry environment for six or more hours, this will completely recharge the mineral to work like new again. Broad Spectrum Germicidal Cleaner (Sol) Sol is a broad non -toxic enzymatic spectrum germicidal cleaner, deodorizer and disinfectant formulated for animal care facilities. The concentrated formula knocks out pathogens in one easy.labor saving step! This very popular quaternary disinfectant is;EPA registered and kills the broadest spectrum of pathogens in the industry Solis :effective . against viruses (including Canine Parvovirus), bacteria, and fungi. Sops pH neutrality- at a dilution of 2 oz. per. gallon of water (8 oz. per gallon for.canine parvovirus):provides. for the highest level of safety for animals and humans with no rinsing necessary. It is non- corrosive and non - staining. Sol granules sprinkled regularly on top. of artificial lawn gathers any liquid (i.e. urine) located at the surface (sort of like kitty litter), then it is washed away with a hose. This product is environmentally safe and naturally scented. Rug Dr. Wide Track for Cleaning Lawn (as needed) . Rug Dr. is a commercial grade carpet cleaner is used on the synthetic lawn for regular cleaning. Equipment is a water - based system, which forces steams water in and vacuums it out leaving lawn clean and damp but not soaked. Chemicals are not used in the process since the Sol treatment disinfects and deodorizes. After use the. Rug Dr. collected waste is poured into the drain as it would with normal carpet cleaning. "Serving our community with an unprecedented level of exceptional pet care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732).74-2-854-2 50 of 54 December 2, 2014 Item # 3.1 Pal CasOIL Cage-Frae Boarding & W811 111ASS C81118r OPERATIONAL STATEMENT Noise Controls The motivation behind why dogs bark typically include dog's being in a confined crate or kennel for an extended period of time while their owners are away from home or at work. Dogs may bark because they are alone and seek attention from human beings or companionship from other dogs, due to lack of exercise, and boredom. The Paw Pad is designed specifically to combat all of these issues and is the precise reason why dog. owners will seek-out The Paw Pad facility. Dogs are free to fully explore their environment without being confined, which takes away separation anxiety barking at The Paw Pad. Dogs at The Paw Pad enjoy unlimited human and dog companionship, which fulfills any attention seeking barking typically consistent with a "home alone environment". Dogs at The Paw Pad enjoy hours of physical exercise and mental stimulation, thus setting the standard of excellence to fulfill individual dog needs and keeping them content and quiet. Trainers will remain' onsite to address individual and group dog behavior to minimize barking at The Paw Pad facility. The Paw Pad is committed to the utmost extremes to keep the dogs calm and serene for their own well- being. It's the only way abusiness like this can stay in operation and ensure the safety of the dogs in their care. The Paw Pad requires all .dogs to be temperament tested to ensure that they are socialized, even - keeled, and free of behavioral problems. If a dog does not pass temperament test they are NOT allowed to stay for "cage free" daycare or boarding services, but they would be able to be "crate boarded" only which will be an option that The Paw Pad will offer in addition to cage -free. Training services are offered to customers, so a barking dog or wining pet could easily be addressed through proper behavioral training. Please find The Paw Pad's site specific noise data compliance survey completed by Investigative Science & Engineering Inc. (ISEI) dated 8/12/14. Ambient levels measured in front & rear of property lines are above code threshold levels in CB zone with Poway Rd over 75db. ISEI noise study to be updated indicating measured noise levels in front have no impact with back yard exceeding code thresholds requiring a variance for project. Please reference institutional noise research papers regarding "barking dogs" completed by California University, Davis (MS #: A9405112 final dated 7/24/02) and Massachusetts Institute of Technologies `Behavioural Processes" study 81 (2009) 358 -368 "barking & mobbing" accepted 4/8/09. "Serving our community with an unprecedented level of exceptional pet care" 12255 -Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742 -8542 51 of 54 December 2, 2014 Item # 3.1 s� 13 Q �fl MIT 0 52 of 54 wz w �rffi a A!= N `f rof �\ . ldM V 3� Zbn Ord. b6f F- z J �o 0 �iI�1Gr�v �� Ji !fir � a1� U t Si. �x O Y F- z J �o 0 { x m° + g k i � sh ' � r 1 � IL c1 c1 X Zb ev r 0 4 ILOQ➢i HA Acl MENT E �rDec ber 2, 2014 Item # 31 5; 3.1 i.�mnmvww.wa+am�a.. o. 3.1 November 22, 2014 To: The Mayor of Poway, City Council of the City of Poway, Staff Planner From: The Residents of Poway Estates Re: CUP14 -005, M>DRA 14 -025, VAR14- 009/The Paw Pad We have received notification regarding the above referenced Conditional Use Permit and are asking that you please deny approval of this requested variance from the City noise standards. Our homes are located such that the noise from this operation would directly carry up to them. We already have the noise from the animals housed at the Animal Keeper kennels on Oak Knoll Road. When these animals start barking and howling their displeasure about being left by their owners, the neighborhood dogs respond and it is quite annoying. In view of this, you can imagine the noise situation with yet another kennel in our area - in a location even closer to our homes than the Animal Keeper. Therefore, we ask for your protection and assistance in trying to control the noise we contend with. We sincerely appreciate your help in this situation. We will have representation at the City Council meeting to provide any additional information you may need. For now, you may contact Doug Eagle at 858- 688 -9600 or Deagle2 @cox.net if you have any questions. 13043 Oak Knoll rive, Poway, CA 92064 54 of 54 ATTACHMENT G December 2, 2014 Item ,# 3.1