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Analysis Background Development Title Section 9-1045.2(a) states that for single-family dwelling units, up to three (3) dogs and three (3) cats shall be allowed. Between March 2002 and September 2003, the Code Enforcement Division opened three enforcement cases at the subject property. These cases were all subsequently closed. The nature of the complaints was an excessive number of dogs at the property. Between December 2004 and March 2005 three additional complaints were made to the Code Enforcement Division regarding an excessive number of dogs at the property These cases were referred to the Animal Control Department, which now handles all cases regarding animals. The Animal Control Department informed the property owner that if she wished to keep in excess of three dogs she would have to obtain an approved land use permit for a kennel. Animal Control has not responded with any conditions to this project. Site Approval The proposed project is an "Animal Specialty Services — Kennels, Small Breeding" use type that may be conditionally permitted in the AL-5 zone with an approved Site Approval application. Projects classified under this use type are normally approved using the Staff Review With Notice procedure. This project has been referred to the Planning Commission due to neighborhood opposition to the project Neighborhood Support/Opposition Two letters in support of the project have been received from surrounding property owners. Five letters in opposition have been received from surrounding property owners which raise concerns regarding noise and dogs not confined to the property. • Noise There are residences located adjacent to the project site on all sides. As a condition of approval for the project, dogs will be required to remain inside the kennel building between the hours of 10:00 p.m. and 7.00 a.m • Unconfined Dogs County Code Section 6-1020(a)(2) states that no owner or custodian of any dog shall maintain such dog on private property unless the property is fenced in such a manner as to restrain the dog, or the dog is secured within a structure, or the dog is restrained by means of a leash. As a condition of approval for the project, the property will be required to be fenced so that the dogs will remain confined on the owners property. San Joaquin County PA-0500219/Schenk Community Development Page 3