Agenda Item No.: Date: January 26, 2010 CASE NUMBER: PHG 09-0047 APPLICANT: LOCATION: TYPE OF PROJECT: PROJECT DESCRIPTION: STAFF RECOMMENDATION: Niels and Sonja Rydder On the eastern side of Lomica Place, south of Dexter Place and Derrick Way, addressed as 2320 Lomica Place. Conditional Use Permit A Conditional Use Permit to allow six dogs where the Zoning Code allows four dogs, on a 20,000 SF lot in the RE-20 zone. Approval GENERAL PLAN DESIGNATION/TIER: Estate II Tier 2A-Felicita subarea ZONING: RE-20 (Residential Estates, 20,000 SF minimum lot size) BACKGROUND/SUMMARY OF ISSUES: The subject property is located in the RE-20 zone. Section 33-1116(e) of the Zoning Code permits up to four adult dogs on each property in the RE zone. However, that section also allows a residence to have up to six adult dogs with approval of a Conditional Use Permit. The applicant is requesting a Conditional Use Permit to increase the permitted number of dogs on the subject site to six. The request is in response to a pending code enforcement action related to the number of dogs maintained on the property. Staff feels that the issue is as follows: 1. The appropriateness of allowing six dogs on the site and whether the property is large enough to accommodate the dogs. REASON FOR STAFF RECOMMENDATION: 1. Staff feels the request to increase the number of dogs permitted on the site is appropriate, since the dogs appear to be well-maintained, there is sufficient yard area to reasonably accommodate the dogs, the yard has perimeter fencing, and an interior area is provided to secure the dogs. In addition, there have been no complaints from neighbors regarding barking or roaming. Respectfully submitted, Kristina Owens Assistant Planner II
A. LAND USE COMPATIBILITY/SURROUNDING ZONING ANALYSIS NORTH RE-20 (Residential Estates, 20,000 SF minimum lot size) zoning Single-family residences on lots of approximately 20,000 SF are located to the north of the site. SOUTH RE-20 zone Single-family residences on lots of approximately 20,000 SF are located to the south of the site. EAST - WEST - RE-40 (Residential Estates, 40,000 SF minimum lot size) The outdoor play area for Bernardo Elementary School is located directly to the east of the site. RE-20 zone Single-family residences on lots of approximately 20,000 SF are located to the west of the site. B. AVAILABILITY OF PUBLIC SERVICES 1. Effect on Police Service The Police Department has expressed no concern regarding their ability to continue to provide service to the site. 2. Effect on Fire Service The site is served by Fire Station No. 5, located at 2319 Felicita Road, which is within the response time mandated by the General Plan. The Escondido Fire Department has expressed no concern regarding its ability to continue to provide service to the site. 3. Traffic The site has frontage on and access directly from Lomica Place, an unclassified residential street in the City s General Plan Circulation Element. No additional ADTs (Average Daily Trips) would be generated as a result of the proposed Conditional Use Permit. The Engineering Division has indicated that the CUP would not materially degrade the levels of service of the adjacent streets. 4. Utilities Sewer and water mains with sufficient capacity to serve the project are available and existing within the adjoining street or easement. The proposed CUP would not materially degrade the levels of service of the public sewer and water system, as neither system would be impacted. 5. Drainage The project site is not located within a 100-year Flood Zone as indicated on current FEMA maps. There are no significant drainage courses within or adjoining the property. The project does not materially degrade the levels of service of the existing drainage facilities. C. ENVIRONMENTAL STATUS 1. A Notice of Exemption was issued on January 11, 2010, in accordance with CEQA Section 15061(b)(3), General Rule. 2. In staff s opinion, no significant issues remain unresolved through compliance with code requirements and the recommended conditions of approval. 3. The project will have no impact on fish and wildlife resources as no sensitive or protected habitat will be impacted by the proposed development. D. CONFORMANCE WITH CITY POLICY/ANALYSIS General Plan The General Plan land use designation on the site is Estate II, which allows for single-family residential development with a 20,000 SF minimum lot size and a maximum density of 2 dwelling units per acre, dependent on slope. The proposed Conditional Use Permit (CUP) would be consistent with the General Plan designation, since a single-family residence is permitted in residential designations, and household pets are an accessory use to a residence.
The Appropriateness of Allowing Six Dogs on the Site and Whether the Property is Large Enough to Accommodate the Dogs Zoning Code Section 33-1116(e) allows four dogs to be kept on each parcel in the RE zone. The Section also allows the number of permitted dogs to be increased to six with a Conditional Use Permit. The applicants indicate that they have six dogs on the property and are requesting a Conditional Use Permit. This request is in response to code enforcement action regarding the number of dogs currently maintained on the property. One written complaint, which addressed the number of dogs on the site and the care they were receiving, was received by the Code Enforcement Division. It was determined that the complaint did not come from a neighbor or a resident/property owner in the area, and no complaints have been received from any of the surrounding neighbors. San Diego County Animal Control and the Escondido Humane Society have indicated that they have no record of complaints at the property regarding barking, no licenses, animals roaming, etc. Each of the three male dogs is neutered. The site is approximately 20,000 SF in size. There is an approximately 16,000 SF rear yard, which the dogs have use of. In addition, there is a dedicated room for the dogs inside the residence where they are kept when no one is home and in the evenings. According to the owners, all of the dogs sleep indoors. The site backs up to the play yard of the adjacent elementary school. The entire subject yard is surrounded by a six-foot-high fence. There is also an eight-foot-high fence along the back side of the school. A letter signed by seven of the adjacent neighbors was submitted indicating that they are in favor of the request. In addition, a letter was received from the dogs veterinarian, who indicates that the dogs are well-cared with no known behavior problems. Both letters are attached to this report. Staff feels that approving the request for a Conditional Use Permit to allow six dogs is appropriate since there is adequate room in the fenced yard and the residence for the dogs to run, play and sleep. No complaints have been received from the surrounding neighbors regarding the number of dogs, barking, etc. In addition, the seven immediately adjacent neighbors and the dogs veterinarian support the owners maintaining six dogs on the site.
SUPPLEMENT TO STAFF REPORT/DETAILS OF REQUEST A. PHYSICAL CHARACTERISTICS The site is located on Lomica Place and directly backs up to Bernardo Elementary School. It is otherwise surrounded by single-family residences on similar sized parcels. The front of the site is fairly level, sloping downwards towards the rear of the site. A single-family residence is located at the front of the site with a swimming pool, tennis court, hardscape and ornamental landscaping to the rear of the residence. The entire rear yard is fenced. B. SUPPLEMENTAL DETAILS OF REQUEST 1. Property Size: Approximately 22,800 SF 2. Size of Rear Yard: Approximately 16,000 SF 3. Fencing: Surrounded by six-foot-high fence, combination of wood and stone/wrought iron. Additional eight-foot-high chain-link fencing between site and adjacent school. 4. Number of Adult Dogs: Six 5. Type of dogs: Silky Terrier, Female, 12 tall Phoebe Chinese Crested, Male, 12 tall Clyde Miniature Poodle, Male, 12 tall Ollie Great Dane/Shepherd Mix, Male, 30 tall, Scobee Doo Afghan Hound, Female, 28 tall Ariana Afghan Hound, Female, 28 tall Isadora
FINDINGS OF FACT PHG 09-0047 EXHIBIT A Conditional Use Permit 1. Granting this Conditional Use Permit is based on sound principles of land use since the size of the property (Approx. 20,000 SF) and the rear yard (approximately 16,0000 SF), along with the area designated for the dogs indoors, are large enough to accommodate up to six dogs. Appropriate perimeter fencing exists to adequately contain the dogs within the property boundaries. 2. Allowing six dogs on the subject property would not cause a deterioration of bordering land uses or create special problems in the area since keeping dogs is an allowed use within the RE zone, and the size of the lot and the rear yard are of sufficient size to accommodate up to six dogs. In addition, the property is surrounded by a six-foot-high fence and the dogs spend a significant amount of time indoors. 3. The proposed Conditional Use Permit has been considered in relationship to its effect on the neighborhood and it has been determined that although a complaint had been received regarding the number of dogs on the property, approval of the CUP would not result in a negative impact to the adjacent neighborhood due to the fact that the complaint did not relate to barking or roaming and did not come from a neighbor. The neighbors have written a letter in support of the six dogs. In addition, six dogs can be accommodated on the property due to the size of the lot, the perimeter fence and the availability of a large indoor area dedicated to them.
CONDITIONS OF APPROVAL PHG 09-0047 EXHIBIT B Planning Division Conditions 1. Any proposed construction shall comply with all applicable requirements of the Escondido Zoning code and requirements of the Planning Division, Building Division, and Fire department. 2. The legal description attached to the application has been provided by the applicant and neither the City of Escondido nor any of its employees assume responsibility for the accuracy of said legal description. 3. This CUP shall become null and void unless utilized within twelve months of the effective date of approval. 4. All project generated noise shall comply with the City s Noise Ordinance (Ord. 90-08) to the satisfaction of the Planning Division. 5. The Conditional Use Permit is for no more than six adult dogs. 6. The owner must obtain and maintain current licenses for all dogs on the premises. 7. All uses shall be consistent with the details of Request and Conditions of Approval contained within this report. 8. This item may be referred back to the Planning Commission upon recommendation of the Director of Community Development for review and possible revocation or modification of the Conditional Use Permit upon receipt of nuisance complaints regarding items such as barking, roaming, and/or non-compliance with the conditions of approval. 9. The City of Escondido hereby notifies the applicant that the County Clerk s office requires a documentary handling fee of $50.00 in order to file a Notice of Exemption for the project (environmental determination for the project). In order to file the Notice of Exemption with the County Clerk, in conformance with the California Environmental Quality Act (CEQA) Section 15062, the applicant should remit to the City of Escondido Planning Division, within two working days of the final approval of the project (the final approval being the hearing date of the Planning Commission or City Council, if applicable), a check payable to the County Clerk in the amount of $50.00. The filing of a Notice of Exemption and the posting with the County Clerk starts a 35 day statute of limitations period on legal challenges to the agency s decision that the project is exempt from CEQA. Failure to submit the required fee within the specific time noted above will result in the Notice of Exemption not being filed with the County Clerk, and a 180 day statute of limitations will apply.