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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 1000 0�1�j Or Apia"": I9N441,t1219 i ,ar�x•.i_rll EEO i� Rdtlrexv:ld,R''4(^cltsmie Rd AWM:Y a,, C'a w• I 444.2: 1 zamps its i4' �w,• 1 �� �� Igol (Rvncrs- N,ckn3as & t hctwy Lj%,r :c 0 0 .-j5 : �."a 0 0 �� 9 r� Y 177 dS' fSd 4 SCALE 1" 30' M 0 Lot Svc, 1.06Ams Kamct,rslnwwreSize; t396sqAR 33`cts.'! J — - — 50-I'ance New to invlail tepee - 611 -Fence lieu• to install fim,; - Pr0pCFlV'N4:%% gine Prr+l*cuff I irte Neu Shrub Trey tittet Pluw 11 0 ----Large Mulum Oak Inc+ L�-`"F.�fitlltg A49rr Uces + —► Distance Hetucen 611 Privacy fence in tion of kennel