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Analysis Background In 1985, the Planning Commission approved Use Permit U-85-0018 for a kennel for 46 dogs. During the public hearing held for this permit, the Planning Commission added Condition of Approval No. 3, which restricted the dogs to be indoors from 10:00 pm to 6:00 am. This condition is included with the current application as Condition of Approval 1.g.(3)and includes the cats. On August 20, 1998, the Planning Commission approved Use Permit No. UP-98-0011 for the expansion of an existing 46-dog kernel to a 120-dog kennel to be built in three phases over five years. On October 16, 2003, the Planning Commission approved a Revisions of Approved Actions for UP-98-0011 to extend Phase 3 from five years to eight years. Use Permit U-85-0018 contained 15,000 square feet of kennel buildings. Use Permit UP-98-0011 approved an additional 10,704 square feet of building. The applicants also built 3,107 square feet of accessory structures pursuant to Development Title Section 9-821.5 which allows up to a 25% increase in Floor area covered by the existing use. Therefore, the existing kennels, office, grooming shop, barn, and training building encompass 28,811 square feet. Williamson Act The Department of Conservation was sent a referral on July 7, 2009, because the property is subject to a Williamson Act contract. The Department of Conservation responded in a memo dated August 5, 2009. The Department of Conservation states, "Pursuant to Government Code Section 51250(c), the Department is notifying San Joaquin County that the Department believes that the existing and planned J uses and structures on the property may constitute a material breach of the property's Williamson Act contract." The parcel is zoned AG-40 and the parcel is 123.61 acres in size. Pursuant to Development Title Section 9-1810.3(b), property under contract is limited to certain use types. The proposed use, Animal Specialty Services-Kennel, is Qpe of the listed uses. San Joaquin County PA-0900163\Kahler Community Development Page 3