Item 21 - EA MCUP 93-04 Lea Burrell
AGENDA REPORT SUMMARY
INITIATED BY:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Reba Wright-Quastler, Director of Planning services~Jl
TO:
FROM:
DATE:
November 30, 1993
SUBJECI':
Environmental Assessment and Minor Conditional Use Permit 93-04, Lea
Burre 11
ABSTRACI'
At the November 16, 1993 meeting, the City Council voted to approve Minor Conditional
Use Permit 93-04 to permit the keeping of a large collection of tropical birds.
ENVIRONMENTAL REVIEW
An envi ronmenta 1 initial study was completed and a Negative Declaration was prepared,
with further mitigation being required both to reduce noise impacts.
FISCAL IMPACI'
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was ma il ed to thirty-eight adjoining property owners. No additional
notice was mailed for this confirming action.
,
RECOMMENDATION
It is recommended that the City Council issue the Negative Declaration and adopt the
resolution approving Minor Conditional Use Permit 93-04 subject to conditions contained
in the resolution.
ACTION
II
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NOV 3 0 1993 ITEM 21 ,"
FROM:
CITY OF POW A Y
AGENDA REPORT
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Honorable Mayor and Members of the City Council
James L. Bowersox, City Ma~
Reba Wright-Quastler, Director of Planning Services
TO:
INITIATED BY:
~,t.Z
DATE:
November 30, 1993
SUBJECT:
Environmental Assessment and Minor Conditional Use Permit
93-04. Lea Burrell. Aoolicant: A request to keep a large
collection of tropical birds at 14121 Melodie Lane, in the RR-C
zone.
APN: 323-180-06
BACKGROUND
At the November 16, 1993 meeting, the City Council voted to approve Minor
Conditional Use Permit 93-04 to permit the keeping of a large collection of tropical
birds at 14121 Melodie Lane subject to the conditions imposed under Minor
Conditional Use Permit 93-02 plus two additional conditions.
FINDINGS
The attached resolution reflects the Council action on November 16 and is
presented for Council review and confirming action at the meeting of November
30, 1993. Additional findings made by Council at the November 16 meeting are
included as are the additional conditions discussed at that time.
ENVIRONMENTAL REVIEW
An environmental initial study was completed and a Negative Declaration prepared
with further mitigation being required to reduce noise impacts.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 38
property owners within a 500 foot radius for the November 16, 1993 hearing. No
additional notice was mailed for this confirming action.
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NOV 3 0 1993 ITEM 21 "
Agenda Report
November 30, 1993
Page 2
RECOMMENDATION
It is recommended that City Council issue the Negative Declaration and adopt the
resolution approving Minor Conditional Use Permit 93-04 subject to conditions
contained in the resolution.
JLB:RWQ
E:\CITY\PlANN,NG\REPORT\MCUP9304,AGN
Attachments
A. Proposed Resolution
B. Negative Declaration
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NOV 3 0 1993 ITEM 21 ,I I
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 93-04
ASSESSOR'S PARCEL NUMBER 323-180-06
WHEREAS, Minor Conditional Use Permit 93-04, submitted by Lea Burrell,
applicant, requests approval to keep and propagate up to 100 exotic birds at the
property located at 14121 Melodie Lane, located in the RR-C zone; and
WHEREAS, on November 16, 1993, the City Council held a duly advertised
public hearing to solicit comments from the public both pro and con, relative to
this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental FindinQs:
The City Council finds that the project is categorically exempt under the
provisions of CEQA Guidelines, Class 21, an enforcement action by a
regulatory agency.
Section 2: FindinQs:
1. The proposed location, size, design, and operating characteristics
of the proposed use are in accord with the title and purpose of this
Title, the purpose of the zone in which the site is located, the
City general plan, and the development policies and standards of the
City in that it is a permissible accessory use in the zone in which
the property is located and that zoning is consistent with the
general plan.
2. If the conditions imposed by this Minor Conditional Use Permit are
complied with, the location, size, design, and operating
characteristics of the proposed use will be compatible with and will
not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources because the
conditions include adequate measures to control odor, protect the
public health and mitigate noise impacts.
3. The proposed use maintains harmony in scale, bulk, coverage, and
density consistent with adjacent uses, because the main structures
on the property will rema in res i dent i a 1 in nature and the bi rd
enclosures will be small in scale in proportion to these buildings.
4. There are available public facilities, services, and utilities
serving the subject property.
5. There will not be a harmful effect upon desirable neighborhood
characteri st ics because sound attenuat ion wi 11 be provided and
effective sanitation requirements will be imposed on the conduct of
the operation.
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NOV 30 1993 ITEM 21 ,!,
Resolution No. P-
Page 2
6. The generation of traffic will not adversely impact the surrounding
streets and/or the City's Circulation Element, in that commercial
customers and/or student groups are prohibited from visiting the
property.
7. The site is suitable for the type and intensity of use proposed
because adherence to the conditions of approval will reduce impacts
on surrounding properties to an acceptable level.
8. There will not be significant harmful effects upon environmental
qual ity and natural resources, in that the site is otherwise
comp 1 ete 1 y disturbed, has been used for res i dent i a 1 purposes in
excess of 30 years and contains no natural plant or animal habitat.
9. There are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10. The impacts, as described in subsections one through nine of this
section, and the proposed location, size, design and operating
characteristics of the proposed use and the conditions under which
it would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity nor be contrary to the
adopted general plan.
11. The proposed conditional use will comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code.
12. That the noise generated by the this use, when operated according to
the conditions included in this approval, will not cause annoyance
or discomfort to persons of normal sensitivity in the vicinity.
Section 3: Citv Council Decision:
The City Council hereby grants approval of Minor Conditional Use Permit
93-04 contingent on the completion of the installation of additional sound
attenuation devices to be determined in meetings between the applicant and
adjacent property owners.
The following standard conditions shall also be met:
1. Within 30 days of approval (1) The Applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residences.
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NOV 30 1993 ITEM 21 ,I i
Resolution No. P-
Page 3
3. In six-months the Minor Conditional Use Permit shall be brought before the
City Council for review of the effectiveness of the additional sound
attenuation measures and of compliance with the conditions of this permit.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. All medium and large size birds shall be housed in appropriate enclosures
located within proper setbacks. Each enclosure with noisy birds shall
have sound attenuation devices installed between the enclosure and the
nearest property line to make certain that noise abatement regulations
sound levels are met. The devices shall be properly constructed, under
buil di ng permit requi rements, and shall be aesthet i cally pl eas i ng when
viewed from adjoining properties.
2. No more than 100 birds shall be maintained on the property at any time.
Macaws currently kept on site shall be relocated within 60 days of this
approval and thereafter no macaws shall be kept on the premises.
3. No business cl ients or groups of students shall be permitted on the
premises.
4. If an isolation building is needed for convalescent care, an agreement
must be reached with the adjoining neighbor(s) most directly impacted,
prior to construction or conversion of such a structure.
5. All foods shall be stored in clean sealed containers. All food
preparation equipment shall be maintained in a clean and sanitary manner.
6. All animal wastes, including food, discarded bedding materials, and fecal
material shall be removed and disposed of properly on a daily basis.
7. Approval of this request shall not waive compliance with all sections of
the zoning ordinance and all other applicable City Ordinances in effect at
the time of permit approval, including but not limited to, the Uniform
Building Code and Uniform Fire Code.
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NOV 30 1993 ITEM 21
Resolution No. P-
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 30th day of November, 1993.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. ____
, was duly adopted by the City Council at a meeting of said City Council
held on the _____ day of , 1993, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
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NOV 30 1993 ITEM 21
CITY OF POWAY
DON HIGGINSON. Mayor
BOB EMERY, Deputy Mayor
B. TONY SNESKO, Councilmemher
SUSAN CALLERY. Councilmember
MICKEY CAFAGNA, Councilmember
CITY OF POWAY
NEGATIVE DECLARATION
1.
NAME AND ADDRESS OF APPLICANT:
Lea Burrell
14121 Melodie Lane
Poway, CA 92064
2.
BRIEF DESCRIPTION OF PROJECT:
A request to keep and propagate up to 100
exotic birds located in the RR-C zone.
3. In accordance with Resolution 83-084 of the City of Poway, implementing the California
Environmental Quality Act of 1970, the City of Poway has determined that the above project
will not have a significant effect upon the environment. An Environmental Impact Report will
not be required.
4. Minutes of such decision and the Initial Study prepared by the City of Poway are on file in the
Department of Planning Services of the City of Poway.
5. This decision of the City Council of the City of Poway is final.
Contact Person:
Marijo Van Dyke
Phone: (619) 679-4290
Approved by:
Date: November 30, 1993
Reba Wright-Quastler, Ph.D., AICP
Director of Planning Services
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NOV 3 0 1993 ITEM 21 ,I j
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