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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 1 of 8 NOV 3 0 1993 ITEM 21 ," FROM: CITY OF POW A Y AGENDA REPORT "Thilrepoo1islndldedonIheConsentCalendBr, Therewiltbenose~dlsclJMionofthe reportpriortollpplOVal ~the City Council u'*ss rnernbers of the Council. staff or public: request it to De ren'lO'o'ed from the Conserw C*"de, and dillCuSled 1epII~.lfyou wilhlO~lhilreportpulled fCKdiscussion. pIellseflll ou,..$lipindk:lIlinglhe ~portnumb6 .nd g~ il to the City Cleric prior to the ~inn;ng oftheCityCouncillTlel'lting 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. 2 of 8 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 3 of 8 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. 4 of 8 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. 5 of 8 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. 6 of 8 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 7 of 8 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 8 of 8 NOV 3 0 1993 ITEM 21 ,I j City Hall Located at 13325 Civic Center Drive ~ P.O. Box 789, Poway, California 92074-0789 . (619) 748-6600, 695-1400 Mailing Address: @ Prinled 0'"1 Recycled Paper