The URL can be used to link to this page

Home My WebLink About04-128 - Resolutions RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW(.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FUNDINGS IN SUPPORT THEREOF. A. RECITALS: 1. Steve Knecht,filed an application for Use Determination DRC2004-00093,for an operating dog-breeding kennel for ten dogs, located at 10158 Sun Valley Drive, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 10`h day of March 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed meeting on the application and concluded said meeting on that date. Following the conclusion of the meeting,the Planning Commission adopted its Resolution No. 04-30 denying the application. 3. The decision represented by Planning Commission Resolution No. 04-30 was timely appealed by Mr. Knecht to this Council. 4. On April 21, 2004,the City Council of the City of Rancho Cucamonga conducted a duly noticed meeting on the application. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION: NOW,THEREFORE,it is hereby found,determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on April 21, 2004, including written and oral staff reports,the minutes of the above-referenced Planning Commission meeting,and the contents of Planning Commission Resolution No. 04-30, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located in the Very Low(.1-2 dwelling units per acre) Residential District; and Resolution No. 04-128 Page 2 of 4 b. The use in question is not of a similar intensity to other permitted or conditionally permitted uses in the same district. The purpose and intent of the Development Code, stated in part in Section 17.02.010.0 is "to protect the public health, safety, morals, comfort, conveniences, and welfare." The Development Code Section 17.08.020.A, states that: "This district is intended as an area for very low density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." c. The Development Code Table 17.08.030, lists the secondary permitted and conditionally permitted uses that may be allowed in the Very Low(.1- 2 dwelling units per acre)Residential District,and in said Table,"Kennel," "dog kennel" or "dog-breeding kennel" is not listed. Rather, the applicant's dog-breeding kennel is specifically listed as an agricultural use that should only be permitted prior to development. Development Code Section 17.08.030.E, states that the following is a permitted use: "Prior to development,the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: Raising, grazing, breeding, boarding, or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: Cats and dogs shall be limited to the keeping of,io more than four cats and/or four dogs,over four months of age." Later, this same section indicates that the following use may be allowed subject to a Conditional Use Permit: "Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs." 'Therefore,the intent is that dog breeding is an agricultural use more appropriate on lots of 2.5 acres or larger before development of land to its highest and best use (i.e., single-family residential). The proposed site for the use is on a lot smaller than 2.5 acres and already developed with a single-family residence;therefore the property does not qualify to have agricultural uses, such as dog breeding facilities. Therefore, this use is not allowed on the subject property. d. The use in question does not meet the purpose and the intent of the district in which it is proposed. The application applies to property in the Very Low(.1-2 dwelling units per acre)Residential District. The intent is that the primary use shall be single-family homes according to Development (:ode Section 17.08.020.A, which states: "This district is intended as an area for very low density single-family residential use, with a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre." e. The use in question does not meet and conform to the applicable goals and objectives of the General Plan. The General Plan states: "Our general policy direction has been and continues to be the protection of our single-family residential neighborhoods from development densities and intensities that would significantly diminish the quality of these neighborhoods." The City regulation is a maximum of three dogs on any residential lot, regardless of size. The applicant has ten dogs which, when barking,can be reasonably expected to be louder than three dogs. Resolution No. 04-128 Page 3 of 4 f. The March 22, 2004, appeal letter filed by the applicant, Mr. Knecht, gave no reason why he believes the Commission's decision was wrong, nor did his appeal provide any new facts or other evidence for Council to consider. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The application contemplates the keeping and breeding of dogs, currently 10 in number, which exceeds the number of dogs currently permitted or conditionally permitted in the same district. b. The use is in conflict with the uses currently permitted in the Very Low Residential District and is only noted as an agricultural use permitted prior to development on lots of 2.5 acres or more. c. The use is in conflict with the primary intent of the Very Low Residential District, which is "for very low density single-family residential use." d. The use does not conform to the applicable goals and objectives of the General plan because of the number of dogs being kept and the potential for excessive noise, and possible odor concerns resulting from keeping this number of dogs. 4. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 04-128 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 16`h day of June 2004. AYES: Alexander, Howdyshell, Kurth NOES: None ABSENT: Gutierrez, Williams ABSTAINED: None Wi is J. Alexa er, Mayor ATTEST: Debra J. Ada s MC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga,California, ata Regular Meeting of said City Council held on the 16'" day of June 2004. Executed this 17'" day of June 2004, at Rancho Cucamonga, California. D bra J. Adams, CMC, City Clerk