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HomeMy WebLinkAbout2004/03/10 - Agenda PacketMARCH 10, 2004 PLANNING COMMISSION AGENDA INDEX ITEM NO. ITEM TITLE PAGES A enda 2-3 A Use Determination DRC2004-00093 4 - 28 B Desi n Awards 29 - 49 C~ THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION ~ AGENDA CUCAMONGA March 10, 2004 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roli Call Chairman Macias _ Vice Chairman McNiel Fletcher _ McPhail _ Stewart II. ANNOUNCEMENTS III. APPROVAL OF MINUTES February 11, 2004 February 25, 2004 Adjourned IV. DIRECTOR'S REPORTS A USE DETERMINATION DRC2004-00093 -STEVE KNECHT - A request to determine that a dog breeding establishment with outside runs is similar to an Animal Care Faality within the Very Low Residential District V. PUBLIC COMMENTS This is the time and place for the general public to address the commission Items to be discussed here are those that do not already appear on this agenda PLANNING COMMISSION AGENDA March 10, 2004 jjANCxo cUCAMONGA 2 VI. COMMISSION BUSINESS B DESIGN AWARDS (Oral Report) VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11 00 p m adjournment time Ifitems go beyond that hme, they shall be heard only with the consent of the Commission THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE-APPLICATION REVIEW DRC2004-00085 - CREATIVE DESIGN ASSOCIATES 1, Gatl Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 4, 2004, at least 72 hours poor to the meeting per Government Code ho Cucamonga c Section 54964 2 at 10500 Civic Center Dnve, Ran ~ / ~/~-O~w.-,.,~i If you need special assistance or accommodations to participate in this meeting, please contact the Planning Division at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired Staff Report DATE March 10, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Manna Lounsbury, Planning Aide SUBJECT USE DETERMINATION DRC2004-00093 -STEVE KNECHT - A request to determine that a dog breeding establishment with outside runs is simtlar to an animal care faality within the Very Low Residential District . BACKGROUND The applicant, Steve Knecht, recently applied for a Conditional Use Permit (CUP) after being issued a Notice of Violation by the County of San Bernardino-Human Services, Animal Care and Control Services (CSBAC) The violation states that the applicant has more than five dogs on the property without a kennel permit, and either needs to reduce the number of dogs or obtain a kennel permit The CSBAC officer was at the subject site because of an anonymous complaint call The applicant was asked to comply within 30 days from the original date of violation The applicant asked CSBCA for an extension while applying for the Conditional Use Permit The applicant has lived at this location for approximately four years, and has developed a kennel with six outdoor runs (five are occupied by dogs and one by chickens), and two barns connected by a breezeway to accommodate the dogs He has ten dogs in five outdoor runs in the backyard According to the applicant, he breeds dogs to produce one to two litters a year Prospective buyers come to his home and ail pups are sold The applicant does not have a City Business License or a Home Occupation Permit, and none of the dogs are registered with the San Bernardino County Animal Care and Control Services The City Planner was notified of a Conditional Use Permit application, for adog-breeding establishment within the Very Low (1-2 dwelling units per acre) Residential District area Because the City Planner does not support this use for that location, he asked for a Use Determination by the Planning Commission Attached is a letter from the applicant explaining his dog breeding business and background (Exhibit "A") The applicant wants the City to allow him ten dogs on his property, with outside dog runs, and to continue to have adog-breeding establishment at his residence, producing one to two litters a year, with the pups remaining on-site until sold USE DETERMINATION PROCEDURE A Use Determination is not property specific, rather it applies to all properties within the same zone, therefore, the location, size, and orientation of the applicant's property are not relevant If the Planning Commission determines that the use should be classified as an Animal Care Facility, then said use would be conditionally permitted on any property within the Very Low (1-2 dwelling units per acre) Residential Distract ITEM "A" PLANNING COMMISSION STAFF REPORT USE DETERMINATION -STEVE KNECHT - DRC2004-00093 March 10, 2004 Page 2 The Rancho Cucamonga Municipal Code, Tale 17, Development Code, Section 17 02 040 states "In order to ensure that the Development Code regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not speafically listed as permitted, secondary, accessory, or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts on the basis of similarity to uses speafia311y listed The procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses The City Planner shall compare the proposed use characteristics with the General Plan goals and ob)ectives, as well as the purposes of each of the use districts and may determine if the proposed use should be a permitted or conditional use in any of the districts and shall make a report of his findings to the Planning Commission The Planning Commission shall base its decision upon meeting the following findings The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same distract 2 The use in question meets the purpose and intent of the district in which it is • proposed The use in question meets and conforms to the applicable goals and obtectives of the General Plan " ANALYSIS A Animal Care Facility Defined The Rancho Cucamonga Municpal Code, Title 17, Development Code Section 17 02 140 defines Arnmal Care Facility as "A use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding analiary to veterinary care, indoor or outdoor kennels, grooming, and similar services " Further clarification is found in the definition of a "kennel" "Any lot or premises on which five or more dogs, which are four months old are kept for commeraal boarding, breeding, and training " B Purpose of the Verv Low (1-2 dwelling units per acre) Residential District The Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17 08 020 A 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 " Attached is a list of secondary uses that are permitted or may be conditionally permitted in the Very Low (1-2 dwelling units per acre) Residential District The intent that the primary use shall be single-family homes, is further explained by Section 17 08 030E , which 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 commeraal poultry and rabbit raising enterprises, subtect to the following Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age " Later, this section indicates that the following use may be allowed sub)ect to a Conditional Use Permit "Dog ~Z PLANNING COMMISSION STAFF REPORT USE DETERMINATION -STEVE KNECHT - DRC2004-00093 March 10, 2004 Page 3 kennels, dog training schools, small animal shelters, and dog breeding estabhshnnents with outside runs " Clearly, the intent is that dog breeding is an agricultural use more appropriate on larger lots before development of land to its highest and best use (single- family residential) Nevertheless, as discussed earlier in this report, Animal Care Facility does include kennels After development, Table 17 08 030 E -Animal Regulations, Residential Districts, states that the maximum number of dogs allowed on any site, regardless of lot size, is three, excluding pups up to four months old C Land Use Compatibility The basic intent of zoning regulations is to separate incompatible uses in order "to protect the public health, safety, morals, comfort, conveniences, and welfare," and to implement the goals of the General Plan Implicit in this intent is the concept of separation of land uses of marked differences in intensity 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 " Although this report is not addressing a specific Conditional Use Permit request,'it is important to note that the most critical issues to assure neighborhood compatibility of a kennel, including a commercial dog breeding operation, are noise and odor 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 expected to be louder than three dogs Likewise, the greater the number of dogs, the greater the potential for odors from feces and urine If the Commission determines that Animal Care Facility includes commercial dog breeding, then staff will begin processing the applicant's Conditional Use Permit and address specific impacts and mitigations RECOMMENDATION Staff recommends that the Commission determine that a dog breeding business with outside dog runs is not similar to an Animal Care Facility by adopting the attached Resolution of Denial Respectfully submitted, Bra ul City Planner BB MUfm Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Draft Reso - Applicant's letter received January 29, 2004 - Site Plan of residence and location of dog runs - Copy of Assessor's Map -Site location and surrounding area - Development Code Land Use Matrix - Development Code Speaal Land Use Regulations - Notice of Violation, issued by CSBAC - GIS Site Plan of Surrounding Area - Site Photographs ution of Denial for Use Determination DRC2004-00093 Ctty of Rancho Cucamonga Community Development Dept 10500 Crvtc Center Dnve Rancho Cucamonga,CA 91730 To whom ~t concerns 10158 Sun Valley Dnve Alta Loma, CA 91737 (909) 980 4713 (home) (310) 332-0919 (work) smknecht@aol com knechst@voughtatrcraft com The attached package ~s being submitted to request a cond~t~onal use permit at our property located at 10158 Sun Valley Drive in Ranch Cucamonga We are submitting this request due to a violation nonce from the county health dept They are requiring that we obtain a permit for more than 4 dogs or reduce the number of dogs we own There are no complaints on file about our dogs as far as we know My wife and I have been breeding and showing Golden Retnevers for more than 23 years We currently have 10 dogs that range from 11 years old to less than 1 year old All of our dogs are AKC registered and exhibit al] the good trans of the breed such as calm temperament and ease of training We only breed the highest quality dogs and produce pups that will fit well m a family setting Typically we have one to two fitters per year and always have homes for the pups before they are 8 weeks old Our property is situated m the "Woods" of Alta Loma and the lot size is 1 1/8 acres The standard lot spacing in this neighborhood ts'/z acre with many larger lots Our lot is fully fenced with six foot high chain link fence on all sides I have built two small barns - 8 feet x 12 feet to accommodate the dogs Additionally there are 6 dog runs that aze `~ n ~ A~ ~I • i 50 feet long and four feet wide attached to the barns These runs are 6 foot high chain link fence topped with metal roofs attached to the barns and fencing The runs also have underground close mesh wire to prevent predators from entering the areas and to positively ensure security for our animals Large eucalyptus trees provide shade to a big portton of the runs to addition to the metal roofing There are two water faucets at the end of the runs as well as overhead lights for added security and utility The area is cleaned and maintained on a daily basis and no animal waste is allowed to accumulate This helps ensure the health of our dogs and assures that there is absolutely no waste runoff The above noted area is to the far north portton of the property as shown on the attached sketches As can be seen, the closest neighbors are a long distance from the dog runs The subject area is bordered on the back side by a bridle path and the San Bernardino mountains In addition, we can provide references as needed about our animals and the veracity of the above statements Your expedmous review and approval of this request is sincerely appreciated i Sincerely, teve Knecht / oan Knecht SU6~~c* ~~ k~o ~~ ~~ \~ II L O W Z J Q U N~ ,. ~' ~,. /~ ~'y1 Q.3° U+H 1 -. ,. /~L ' { ~,~ ~. 5 ti) ik~"i . a. ,>; ~~'/ ~~ -~. - /~~ ~`l^JJ "t 2 R \/ °~I( ~~ Yv / 9~ o, nni fu as ~ 1 ~1L~ Y ' ° {u=l~,~ r ~ ~,.'{,1 ,\ II is-='~ ~l~~1` ~` NNCCLL ~` N Q, ~ ~ `f ~ I, L I I .(zlb ]el . ` _J JO L~SEYENt rrl.T+ k SEeEM • __~ N / IIU ~ / 0 1 o'' llw• r ~ / prola] ,v r. ~ n~ nl mr „ae o<] ~_M / q ~' ~ laar F1 a.p0 ~ '~~ lu ' InL L_oL_ a OYI~.\ ~~ I_ ~.~ \ (. rt 1. W% ~,oa~i ~=~ i'~ R ~ O ` 'R ~ Ilu rz S'UN V ~ rz n \~ llmu aR,y~ ` . `~ N 5 /T ~ PL Arc/ f0/Z ~ols8 sr~,v l/ALC~Y REFER~,uG2 ~ 5 / rE PGA,v nor a4 ?'Rf1cr /~~37' ON F/LE t*/l tlf G i r)/ or RA,vc/fo cc~cflMo~/GA Alo i OWNER I soi~s~ E uwGSfIN t nSS~Cii 2 ~l ~ ~' y ~ ~ ~ ~ :J _____- ~ z N ,~ p /(AiN f3f~S/N x l is \ ~/~~ ~'~, ~ ~ n i ~, n s~ v 0 y~ O ~ ~`( W `, ~, ~ ~ ,~~ ~ ~;, - '~~ 'r ~~ ~ \ ~ ! ~ hi ~ qty ~~"~~ ~\~..~~ ~, ]A1 t ~ ~/~ S h ~'°' ~ '^ ,, ~ ~, r 1 ~~ 1 1 `~~ 1~ r. ~ ~ i w, ~ _ ~ ~ ~~ ~~ `~ 1 fQ -~. ~/ t i i ~ _ i i •! ~ ~_ ~ \1 ~ ~i ~` f p ~ 1, ~ i ~ f -' 1\ ~ ~ i i ~ << h ,i r ~: •'~ e` ~~ A ~ _- ~ ~i i i _'~ 1 \:.i N ~; ~~yy ~1 A OS ~•wt ~-J~-\ G ~~ a\ i `~~ ~1 T a W ~ ` 1~ _ ~' t 1 v ` °~'4R x ~a... 0 -- ~ - - - ~~w - -YSc3.~3•- - - - ~~ ~~ ~ ~-~ Q Y' O ~.1 ~, C C Section 17.08 030 Rancho Cucamon a Develo merit Code Table 17.08.030- Use Regulations for Residential Districts USE VL L LM M MH H A Residential Uses 1. Single-Family Detached P P P P' - - 2. Single-Famtly Attached (du-, tri- and - _ p p p P four-plex) 3 Multiple Family Dwellings - - P' P P P 4. Mobile Home Parks C C C C C C B. Other Uses ~ 1. Animal Care Facility C - - 2 Cemetery C C C C C C 3 Church C C C C C C 4 Club, Lodge, Fraternity & Sorority - C C C C C 5 College or Umversely C C C C C C 6 Convalescent Center - - C C C C 7. Public Facility C C C C C C g Day Care Facilely Accessory - 6 or less P P P P P P Non-Accessory - 7 or more C C C C C C 9 Fve & Police Station C C C C C C 10 Hospital - - C C C C 11 Outdoor Recreation Facilely C C C C C C (non-commerc~ai) 12 Public Park and Playground P P P P P P 13 Residential Care Facilely Accessory - 6 or less P P P P P P Non-Accessory - 7 or more - - C C C C 14 Schools, Private & Parochial C C C C C C 15 Stable, Commercial C - - 16 Stable, Private P - ~• D H ~ 17 OS-3 s VL L LM M MH H . USE 17 Utility or Service Facility C C C C C C 18 Recreational Vehicle Storage or C C C C C Mini-Storage for public use C accessory Uses 1, Accessory Structure P P P P P P 2. Antenna P P P P P P 3 Caretaker's Residence C C C C C C 4. Guest House P P P 5. Home Occupation P P P P P P 8 Lodging Umt P P P 7 Other Accessory Uses P P P P P P g Pnvate Garage P P P P P ' p g Pnvate Swimming Pool p p P P P P 10 Second Dwelling Umt (including P p p - - - elder cottage) 11 Feed & Tack Store (if accessory to C _ _ _ - - commeraal stable) 12. Dormitory (if accessory to college or C C C C C C school) 13 Uses in Historic Structures C C C C C C D. Temporary Uses 1 Temporary Uses as prescribed in P P P p Section 17.04 070 and subject to P P those provisions p Temporary trailers for use in conjunction with religious and C C C C C C agricultural uses for a specified interim period n with optional development standards only t Not io e Symbol' indicates permitted in conjunc p. Permitted Use C = Conditional Use Permd regwred Rnecial Use Reoulations 1 Agricultural Uses Prior to development, t the f 2 5 following acres or agricultural more uses are either , permitted or conditionally permitted on s o lo ~~ 11 ~~ 17 08-4 2/04 Rancho Cucamonza Development Code Section 17 08 030 a Permitted Uses (1) Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture (2) Raising, grazing, breeding, boarding or training of large or small animals except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subfect to the following (a) Cats and dogs shall be limited to the keeping of no more than four cats and/or four dogs, over four months of age (b) Small livestock are allowed with the number of goats, sheep, and similar animals limited to 12 per acre of total gross area, with no more than one male goat (c) Cattle and horses, including calves and colts over six months of age, with a maximum number of four animals per acre of total gross area (d) Combinations of the above animals provided the total density on any given parcel shall not exceed that herein specified , (e) In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer, or wild growth and further, where such . grazing operation is not conducted for more than four weeks in any six-month period (3) Aviary shall be limited to 50 birds per acre (4) An apiary is permitted provided that all hives or boxes housing bees shall be placed at least 400 feet from any street, road, highway, public school, park, property boundary, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary Additionally, a water source shall be provided on-site (5) Retail sale of products raised on property excluding retail nursery and sale of animals for commercial purposes b Conditional Use Permit regwred (1) Wholesale distributor and processor of nursery-plant stock Retail nursery where inadental and contiguous to propagation of nursery stock and/or wholesale distributor Outdoor storage and display is prohibited except for nursery-plant stock (2) Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs (3) The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, and similar small animals n /-~~~ 17 OS-5 Rancho Cucamon a Develo merit Code Section 17 OS 030 (4) Frog farms (5) Worm farms p Animals Keeping of animal's accessory to residential use shall be limited as follows a Number of Animals The number of animals kept on any site shall not exceed the maximum number and combination of ammals allowable as set forth in Table 17 08 030-E For example, the following combination of animals would be permitted in the Very Low District two horses, one pony, one cow, four goats, etc Location of Animals All animals, excluding household pets, shall be kept a minimum distance of 70 feet from any adjacent dwelling, school, hospital or church located on any adjoining site The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine horses shall conform to this regwrement c Deed Restrictions New subdivision Conditions, Covenants and Restrictions shall not prohibd the keeping of egwne animals, where district requvements for the keeping of said ammals have been met Individual lot owners shall have the option of keeping egwne animals without the necessity of appealing to boards of drectors or homeowner's assoaations for amendments to CC&R's A copy of the CC&R's for single-family subdrwsions shall be reviewed and approved by the City prior to final map recordation Except as provided herein above, this section shall not be construed to supersede animal regulations contained in the , Conditions, Covenants, and Restrictions of any site or dwelling unit However, in no case shall private deed restrictions permit animals or numbers of animals beyond those allowable in this section Exotic or Wild Animals Keeping of exotic or wild animals shall be permitted subject to issuance of a Conditional Use Permit Ofisorino Young animals born to a permitted animal kept on the site may be kept until such ammals are weaned (cats and dogs - 4 months, large ammals - 6 months, horses - 12 months) ...~~ Table 17.08.030-E -Animal Regulations, Residential Districts Minimum Site Maximum Allowable Type of Animal Area Per Animal(s) Number Of Animals On Residential Re hired An Sitet"t District 1 Each horse, mule, donkey or ponytEt 10,000 6 VL, Lrct 2 Each large animal other than a horse, p0,000 3 VL, Lrct on ,mule, or donke 3 Each small animal 5,000 6 All 4 Each 5 birds or rodentstDt 5,OOOrDt 25rOt All 5 Each cat None 3 All 6 Each dog None 3 All n~~ 17 08-6 ~~ . _ _ ~ ~-,~ County ~J~'-(lam ~ ~ _ 38~- 443 ~, ~ (Ypp~}`h of San Bernardino -Human Services System Department of Public Health NIMAL CARS 6 EaDst MOill StrROL SERVICES Sa rdmo~9~-`' Opp3 Telephone 1-800-47`2-560 N E OF VIOLATION - - - INCIflENT # °'~'~ ~ - -- - - - - - - -- - - - --- - Sl. n0. '?~ '~,a, rw~ u Date }~~ - -- - ,~ Name ~ ~ 'LQ City ~GJ~rl~a--„ ~' Wi't' rx n y Address ~ ~ x~ ~ ~ Operator Kind of Place ~~ Re: PREMISESlANIMAL(S) AT r• n ~ ~,va-, C~,,_n~ ~ You are hereby notfied that you are in violation of - , J ~- _ \ ~ ~ NATURE OF VIOLATION ~ ~ u i~ve ~~ ~ re nested to ~-'e ~,t1~r~ You are hereby q ~ ~ r R ~n Please comply With this request within ~~ 20 ©l- ~, to avoid further action and by 30`'~ ~~ Questions relative to this violation should be directed to -~ ` Phone 1~~ . Y`OV~I^ ~I sy `~- Served to AAA ~12-1]24]-fill Pev 12101 ]60009 H23P12101 A12 L _~ z -i o - ~~ y ~1 11 ~x~lri.bi ~' ~ a~a ,.~ . ~~~ ~- k . L~ ~ i 4 ;; y ~~`P • ~. ~~~ ~- ~ -%Y- ~~~ ~~~ ~: 5: .~i~~C~ ~ =/~I L~ r1 RESOLUTION NO 04-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING 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 FINDINGS IN SUPPORT THEREOF A Recitals 1 Steve Knecht filed an application for a Conditional Use Permit DRC2004-00093, for a dog-breeding kennel for ten dogs he has been operating for four years, located at 10158 Sun Valley Dnve Hereinafter in this Resolution, the subtect Conditional Use Permit request is refereed to as "the application " 2 On the 10th day of March 2004, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting on that date All legal prerequisites pnor to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, deiermined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 The Commission hereby speafically finds that all of the facts set forth in the Rectals, Part A, of this Resolution are true and correct 2 Based upon substantial evidence presented to this Commission dunng the above- referenced meeting on March 10, 2004, including wntten and oral staff reports, the Commission hereby specifically finds as follows a The use in question is not of a similar intensity to other permitted or conditionally permitted uses in the same distnct The purpose and intent of the Development Code, stated in part in Section 17 02 010 C is "to protect the public health, safety, morals, comfort, conveniences, and „ welfare The application applies to property at 10158 Sun Valley Dnve in the Very Low ( 1-2 dwelling units per acre) Residential Distnct The Development Code Section 17 08 020 A, states that "This distnct 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 " b The Development Code Table 17 OS 030, lists the secondary permitted and conditionally permitted uses that may be allowed in the Very Low (1-2 dwelling units per acre) Residential Distnct, 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 agncultural use that should only be permitted pnor to development Development Code Section 17 08 030E ,states that the following is a permitted use "Pnor to development, the following agncultural 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 animadls, except concentrated lot feeding and commeraal r \Z~ PLANNING COMMISSION RESOLUTION NO 04-30 USE DETERMINATION DRC2004-00093 -STEVE KNECHT March 10, 2004 Page 2 keeping of no 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 subbed 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 subted property c The use in question does not meet the purpose and the intent of the distnd in which it is proposed The application applies to property at 10158 Sun Valley Drive within the Very Low ( 1-2 dwelling units per acre) Residential Drstnd The intent is that the primary use shall be single-family homes according to Development Code Section 17 08 020 A, which states "This district is intended as an area for very low density single-family residential use, wrath a minimum lot size of 20,000 square feet, and a maximum residential density of up to two units per gross acre " d The use m question does not meet and conform to the applicable goals and ob~edives 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 3 Based upon substantial evidence presented to this Commission during the above- referenced meeting on March 10, 2004, including written and oral staff reports, the Commission hereby specifically finds and concludes as follows a The application contemplates the keeping and breeding of dogs, curently 10 in number, which exceeds the number of dogs currently permitted or conditionally permitted m the same district b The use is m conflict with the uses curently permitted m the Very Low Resrdential 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 m 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 obtednres 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 Based upon the substantial evidence presented to this Commission during the above referenced meeting and upon specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Commission hereby determines that the keeping and breeding of dogs in the Very Low Residential District is not similar to an Animal Care Facility, is not of a similar intensity to other permitted or conditionally permitted uses in the same district, does not meet the purpose or intent of the Very Low Residential District, and does not conform to the goals and objectives of the General Plan 5 The Secretary shall certify to the adoption of this Resolution /"~ZZ PLANNING COMMISSION RESOLUTION NO 0430 USE DETERMINATION DRC2004-00093 -STEVE KNECHT March 10, 2004 Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Maaas, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Plamm~g Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of March 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~~ Dear Planning Commission of the City of Rancho Cucamonga The Knecht family has lived next door to me since the completion of their home in June 2000 Upon moving in, Mr Knecht built two barns with 6 runs that are fenced on all sides, including the top He has had Golden Retrievers during this entire time The dogs are very well cared for There has never been a problem with odor or noise because the runs are a long distance from our house The Knecht's should be given a conditional use permit for an Arnmal Care Facility because no problems are anticipated and it would not adversely affect the neig Kaye Pum ~~-a Date Phone ~~~ ~ Dear Planning Commission of the City of Rancho Cucamonga We have lived next door to the Knecht family since our house was completed almost 4 years ago During this time, the Knecht's have always had a number of Golden Retriever dogs in runs /barns These facilities are clean and well maintained and their dogs appear happy and healthy There has never been a problem with noise from the dogs barking The runs are a substantial distance from our house and odor has never been a problem We support the Knecht's in their effort to obtain a conditional use permit to operate an Animal Care Facility n or Debia Hewitt a e Phone 2004 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