HomeMy WebLinkAboutPC Resolution 2022-00151
PC RESOLUTION 2022-0015 i
CITY OF ATASCADERO
RESOLUTION OF THE PLANNING COMMISSION OF THE ING
OCT � 2022
CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT
TO ESTABLISH A DOG BREEDING & KENNEL FACILITY LOCATED
AT 10875 COLORADO ROAD
DOG BREEDING/ KENNEL
LAWRENCE
(USE22-0070)
WHEREAS, an application has been received from Nick & Chelsey Lawrence (10875
Colorado Road, Atascadero, CA 93422), Owner and Applicant, to consider Planning Application
USE22-0070, for a Conditional Use Permit for a dog breeding and kennel facility on a 1 -acre site
located at 10875 Colorado Road, Atascadero, CA 93422 (APN 045-441-029); and
and
WHEREAS, the site's current General Plan Land Use Designation is Rural Estate (RE);
WHEREAS, the site's current Zoning District is Residential Suburban (RS); and
WHEREAS, a kennel is a conditionally allowed use in the Residential Suburban (RS)
zoning district; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed public hearing was held by the Planning
Commission of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of said conditional use permit; and
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearin. The Planning Commission held a duly noticed public
hearing to consider the project on October 4, 2022 and considered testimony and reports from staff,
the applicants, and the public.
SECTION 3. Findings. The Planning Commission makes the following findings,
determinations and approvals
Findings for Approval of a Conditional Use Permit
FINDING: The proposed project or use is consistent with the General Plan
FACT: The use is consistent with the General Plan. Specifically, it relates to agricultural
practices and keeping of domestic animals on rural and agricultural lands. General Plan
Policy 9.2 aims adequately regulate the keeping of domestic animals on rural lands as
consistent with the City Zoning Ordinance. The Municipal Code allows dog kennels and
breeding operations with a Conditional Use Permit.
FINDING: The proposed project or use satisfies all applicable provisions of the Zoning
Ordinance
FACT: The proposed kennel facility can be permitted though the Conditional Use Permit
process as identified in the Municipal Code. The proposed structure and site plan are
consistent with the applicable provisions of the Atascadero Municipal Code as conditioned.
FINDING: The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be detrimental
to the health, safety or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in the
vicinity of the use
FACT: The proposed kennel will not be detrimental to the general public or working
person's health, safety, or welfare.
FINDING: The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development
FACT: The proposed project is on a property with an existing single-family residence. The
use will be accessory the residence. As conditioned, the kennels will be screened from the
neighboring properties and will not be visible from Colorado Road. Allowing the use will
be consistent with the rural character of the surrounding neighborhood.
FINDING: The proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the land use
element
FACT: The proposed project and use is consistent with the traffic projections and road
improvements anticipated within the General Plan. The project site is an existing site on
Colorado Road.
FINDING: The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
FACT: The project is consistent with the General Plan and municipal code, as conditioned.
SECTION 4. CEQA. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption § 15301, Class 1: Existing Facilities.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on October 4, 2022, resolved to approve a Conditional Use Permit to allow for
a dog breeding / kennel facility (USE22-0070) subject to the following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Site Pan
On motion by Vice Chairperson Keen and seconded by Commissioner Hughes, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Hughes, Schmidt, Keen, van den Eikhof (4)
NOES: Anderson, Carranza, Heath (3)
ABSTAIN: None
(0)
ABSENT: None (0)
ADOPTED: October 4, 2022
CITY OF ATASCADERO, CA
Je en Eikhof,
Planning Commission�;; erson
Att st:
��-
Phil Dunsmore
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
USE22-0070
Conditions of Approval
Timing
Responsibility
/Monitoring
Conditional Use Permit
Dog Breeding / Kennel Facility
10875 Colorado Road
BL Business License
GP: Grading Permit
BP: Building Permit
Fl: Final
TO: Temporary
P �Y
Occupancy
F0: Final Occupancy
PS: Planning Services
BS: Building Services
FD: Fire Department
Dep� Department
CE:CiyEngineer
�Y 9
WW: Wastewater
CA: City Attorney
1. This Conditional Use Permit shall be for a dog breeding / kennel facility as
Ongoing
PS
described in attached Exhibits, located at 10875 Colorado Road (APN 045-441-
029), regardless of owner.
2. The approval of this use permit shall become final and effective the date of the
Ongoing
PS
hearing. Issuance of building permits may not occur prior to the appeal period of
fourteen (14) days following the Planning Commission approval.
3. The Community Development Department shall have the authority to approve the
Ongoing
PS, CE
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Conditional Use Permit.
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP
PS
after its effective date. At the end of this time period, the approval shall expire
and become null and void unless the project has received a building permit or a
time extension.
5. The owner and applicant shall defend, indemnify, and hold harmless the City of Ongoing
CA
Atascadero or its agents, officers, and employees against any claim or action
brought to challenge an approval by the City, or any of its entities, concerning this
conditional use permit.
Planning Services
6. The Conditional Use Permit shall allow a private dog kennel for no more than 6 Ongoing
s
PS
adult dogs (four months or older, as defined by the Zoning and Subdivision
Regulations), which number shall include a combination of personal pets and
breeding dogs.
7. There shall be no more than two (2) litters of puppies (dogs under 4 months)
Ongoing
PS
onsite at one time.
8. The property shall be maintained in accordance with the site plan, attached hereto
Ongoing
PS
as Exhibit B, except as modified by these stipulations.
9. The house on the property shall be used continuously as the applicant's primary
Ongoing
PS
place of residence.
10. The kennel facility shall not be used for public boarding, breeding or training.
Ongoing
PS
11. The kennel shall be continuously operated in compliance with San Luis Obispo Ongoing PS
County Animal Services laws, regulations, and applicable requirements for kennel
operations.
12. The kennel shall be operated in a manner that prevents noise, odors, vermin,
Ongoing
PS
infestations, or other objectionable conditions from becoming a nuisance or a
health risk to neighboring properties, property owners and their children or their
pets.
a. No dogs shall be off -leash in areas not fenced or enclosed.
b. The applicant shall not allow any dog to act in a manner of continued or
repeated barking, howling, or other loud or unusual noises anytime day or night.
c. The kennel facilities shall be regularly cleaned, sanitized, and operated in a
fashion that prevents the attraction of vermin, the growth of infectious bacteria, the
communication of disease, or any other such related health problems.
d. The premises shall be continuously maintained in a clean and sanitary
condition by daily removal of waste and by the use of spray and disinfectants to
prevent the accumulation of flies or offensive odors.
i. The kennel shall be cleaned and the animal waste shall be collected from the
subject property at least once per week.
ii. Depositing the animal waste into the applicant's trash is an allowed means
of waste disposal.
13. The applicant shall obtain a Business License from the City of Atascadero.
BL
PS
14. The applicant shall obtain a building permit for construction of the kennel building.
BP
PS I BS
15. All animals shall be contained in pens or runs and not be allowed to run free on a
Ongoing
PS
site.
16. Any outside enclosures shall be located a minimum of twenty-five (25) feet from
BPI
PS
all adjacent property lines and shall be designed to reduce noise per AMC
Ongoing
17. Fencing around the side and rear property lines (Phase 2 as shown in Exhibit B)
BL
PS
shall be 6 feet tall in height. Fencing shall be installed within 6 months of issuance
of the kennel business license. The fencing shall be solid and reduce visibility into
the site from adjacent properties.
18. Any new residential gate onsite shall comply with the standards of AMC section 9-
Ongoing
PS
4.128.
19. The dogs kept onsite for breeding purposes shall be limited to the two dog breeds,
Ongoing
PS
Decker Rat Terriers and Old Dominion Terriers, and shall not exceed fifty pounds
in weight each.
20. The Use Permit shall be subject to additional review upon receipt of noise or
Ongoing
PS
operational complaints. Additional mitigation may be warranted upon verification
of recurring noise or operational disturbances that impact residential properties.
21. No more than four litters of puppies shall be bred and kept onsite per calendar Ongoing
PS
year.
EXHIBIT B: Site Plan
USE22.0070
6' fence referred to `
in Condition # 16 j
Lawrence
Kennel Site Plan
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