Res P-04-16
RESOLUTION NO. P-04-16
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT (CUP) 96-18M(2)
AND DEVELOPMENT REVIEW (DR) 96-23M(2)
ASSESSOR'S PARCEL NUMBERS 322-011-08 AND 09
WHEREAS, on September 23, 1997, the City Council approved a request from
Zip and Lisa Lucidi, Applicant, for a 150 horse boarding and training facility with
ancillary structures and other site improvements, known as Lucidi Farms, on 100 acres
located at the northwest corner of the Poway Road/Highway 67 intersection in the Rural
Residential A zone; and
WHEREAS, on September 22, 1999 the applicant submitted a request for a
major modification of the project and on September 12, 2000, the City Council approved
the applicant's requested modifications to the project, which included a reduction in size
to an 80 horse facility on 50 acres; and
WHEREAS, the applicant is requesting approval of additional modifications to the
project relating primarily to: 1) phasing of certain required site improvements; 2) use of
the facility's office as an office with a residence; and 3) use of a prefabricated modular
building as a veterinary office; and
WHEREAS, on March 16, 2004, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the proposed modifications to the project have
been adequately addressed in, and are within the scope of, the Mitigated Negative
Declaration (MND) and Mitigation Monitoring Program approved in conjunction with
previous approval of CUP 96-18(M) and DR 96-23(M) on September 12, 2000. The
previously approved Mitigation Monitoring Program is contained with this Resolution as
Exhibit A. The required habitat impact mitigation requirement has been corrected to
reflect the 50 acre site. The project is within the scope of the prior environmental
document; therefore, no additional environmental review or notice is necessary.
Section 2: The required findings in compliance with Section 6.1.B of the
Implementing Agreement/California Endangered Species Act (CESA) Memorandum of
Understanding (MOU) approved with the adopted Poway Subarea Habitat Conservation
Plan (PSHCP)/Natural Community Conservation Plan (NCCP) for the proposed project
are hereby made as follows:
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A. The project biological resource mitigation is consistent with and furthers the
implementing objectives of the PSHCP as the mitigation is consistent with the
previously approved MND. The approved mitigation permanently preserves and
protects within recorded biological conservation easement deeds an estimated
5.22 acres of undisturbed coastal sage scrub (CSS) to replace 1.3 acres of CSS
habitat removed resulting in 2.1 acres of mitigation.
B. The mitigation habitat is appropriately located in the PSHCP mitigation area to
enhance the long-term viability and function of the preserve system in that the
on-site mitigation habitat areas on the western portion of this site is within the
Biological Core and Linkage Area (BCLA) associated with the Rattlesnake
Canyon Cornerstone Preserve. It has been further mapped as being part of
Proposed Resource Protection (PRPA) #13b as identified in the PSHCP. This
will serve to enhance the preserve system by protecting coastal sage scrub
habitat.
C. The mitigation will be to the long-term benefit of the PSHCP covered species and
their habitats in that the mitigation will provide permanent public and private
biological conservation easements that will remain as protected open space, and
the undisturbed coastal sage scrub habitat within the protected open space will
benefit the threatened California Gnatcatcher, as well as other "covered species"
and their habitats found in the PSHCP mitigation area and adjacent habitat
conservation areas.
D. The mitigation will foster the incremental implementation of the PSHCP in an
effective and efficient manner in that the on-site mitigation areas are contiguous
and are connected to the Rattlesnake Canyon Preserve permanent open space
in the vicinity to the west. The on-site mitigation will be set aside by the project
proponent in accordance with the PSHCP and the on-site mitigation will conserve
and protect a significant amount of biological open space in the mitigation area in
perpetuity.
E. The mitigation will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
and private biological conservation easements.
In compliance with the PSHCP, the City shall process a General plan
Amendment and zone change to change the land use designation and zoning of
area covered by Biological Conservation Easement recorded on June 24, 2003
to Open Space - Resource Management (OS-RM) to ensure permanent
preservation.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 96-18M(2) to modify an approved CUP to construct a
Resolution No. P-O4-16
Page 3
horse boarding and training facility for up to 80 horses, with ancillary structures and site
improvements, on approximately 50 acres at the northwest corner of the Poway
Road/Highway 67 intersection within the RR-A zone, are made as follows:
A. The approved project is consistent with the General Plan in that stables and large
animal veterinary uses are a permitted use on properties with the General Plan
designation of RR-A with the approval of a Conditional Use Permit.
B. The location, size, design, and operating characteristics of the approved use, as
modified by conditions of this Resolution, will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources, in that the use is located on two large
rural lots which adjoin another parcel to the west with like kind and use, and
conditions of approval will limit the potential impact on other properties.
C. The harmony in scale, bulk, coverage, and density is consistent with adjacent
uses because horse stables of 20 or more horses are a permitted use on
properties in the RR-A zone with approval of a Conditional Use Permit and the
property will be required to comply with site and operational standards listed in
the large animal ordinance.
D. There are available public facilities, services, and utilities because the use will be
located in an area where all necessary facilities are available to the boundary of
the property or can be provided on-site.
E. There will not be a harmful effect upon desirable neighborhood characteristics, in
that the site is approximately 50 acres in size and the conditions of approval will
ensure that the use is conducted in such a way that is to be compatible with
surrounding properties.
F. The generation of traffic will not adversely impact surrounding streets and/or the
City's Transportation Element, in that an access point has been selected to
provide safe access to the adjacent street, the projected volume of traffic will not
be a significant impact relative to existing traffic volumes, traffic mitigation fees
will be paid, and the applicant is required to provide on-site parking.
G. The site is suitable for the type and intensity of the designated use which is
approved, in that the property is in a rural area, has gentle to moderate terrain, is
not affected by flood ways and is large enough to accommodate the use.
H. There will not be significant harmful effects upon environmental quality or natural
resources because undisturbed habitat will be set aside on the periphery of the
site and in the vicinity to offset any habitat removed.
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I. There are no other relevant negative impacts of the development that cannot be
mitigated.
J. The impacts and the location, size, design and operating characteristics of the
approved 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 because the proposal has been reduced in scope from the
prior approval so use of ground water will be less, the use of lights will be
controlled by the hours of operation and traffic movements will be facilitated by
installation of a left-turn lane at the Poway Road entrance and a deceleration
lane along the Poway Road frontage from Highway 67.
K. The proposed conditional use will comply with each of the applicable provisions
of Poway Municipal Code Sec. 17.48.070.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code
for modification of Development Review 96-23M(2) to construct a horse boarding and
training facility for up to 80 horses with ancillary structures and site improvements on
two separate, legal parcels totaling approximately 50 acres located at the northwest
corner of the Poway Road/Highway 67 intersection in the RR-A zone, are made as
follows:
A. The approved project is consistent with the General Plan as a horse boarding,
training and riding facility is allowed within the Rural Residential A zoning and
land use designation with a Conditional Use Permit and implements an objective
of the Housing Element to provide on-site housing for workers.
B. The approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties in that the design of the
buildings, the landscaping, earthen berm and other improvements conform to the
criteria for other horse boarding, training and riding facilities, and will be
compatible with existing land uses in the vicinity.
C. The approved project encourages the orderly and harmonious appearance of
structures and property within the City in that the architecture of the
office/restrooms, bunkhouse, main barn and other structures incorporates
features and building materials that are consistent with the Community
Development Standards of the Zoning Development Code for a rural residential
area.
Section 5: Conditional Use Permit 96-18M(2) and Development Review 96-23M(2)
consisting of a horse boarding and training facility for up to 80 horses with ancillary
structures and site improvements on two separate, legal parcels totaling approximately
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50 acres, as shown on the plans dated February 11, 2004, is hereby approved subject
to the following conditions:
A. 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 Regarding Real Property.
B. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of the surrounding
residential uses.
C. This Conditional Use Permit may be subject to annual review as determined by
the Director of Development Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past year.
D. In the event that either of the two parcels upon which the horse boarding and
training facility pursuant to Conditional Use Permit 96-18M(2) and Development
Review Permit 96-23M(2) is located come under separate ownership, and one of
the ownerships wishes to terminate the use on its parcel, the property owners
shall request a public hearing prior to termination of the use for revocation of
Conditional Use Permit 96-18M(2). Prior to termination of the use, this CUP shall
be revoked in its entirety. A property owner may request approval of a
modification to the Conditional Use Permit to allow the facility to remain on one of
the lots. Such modification shall be subject to a public hearing and must be
approved and the facility constructed on one of the parcels prior to cessation of
the facility on the other parcel. The applicant shall sign an agreement that
acknowledges the fact that a permit revocation request from either property
owner would result in the permit being revoked on both parcels, unless a
modification to the Conditional Use Permit is approved and implemented prior to
either the sale of, or the cessation of the use on, one of the parcels. The form
and content of said agreement shall be to the satisfaction of the City Attorney.
E. If the City Council determines that groundwater usage is adversely affecting
groundwater use by other well users off-site, groundwater use shall cease or be
reduced as directed by the City Council. In the event such direction is not
complied with by the applicant, this Conditional Use Permit may, after public
hearing, be modified or revoked.
F. The site shall be developed in accordance with the approved site plans on file in
the Development Services Department and the conditions contained herein.
G. The applicant shall comply with the Poway Municipal Code and the latest
adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing
Code, National Electric Code, Uniform Fire Code, and all other applicable codes
and ordinances.
Resolution No. P-04-16
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H. Prior to issuance of a building permit the applicant shall obtain approval of a
grading permit. Compliance with the following conditions is required prior to
issuance of the grading permit, unless other timing is indicated (See Condition L):
1. The applicant shall submit a revised site plan for approval by the Director
of Development Services showing the following:
a. Eliminate the "future residence" on Parcel 4, the easterly parcel.
b. Show the equestrian staging area and trail, unless another location
off-site is approved by the City.
c. Trash receptacles shall be enclosed by a six-foot-high masonry wall
with view-obstructing gates. Locations shall be subject to approval
by the Director of Development Services.
d. A revised site plan shall show all required parking at one space per
five horses boarded (up to 16), plus additional spaces for
employees and a minimum of 40 spaces to accommodate overflow
parking for special events. Twenty (20) of the 40 extra parking
spaces shall be the standard 8.5' x 18.5' and 20 of the parking
spaces shall be 10' x 40' to handle vehicles towing horse trailers.
e. All parking lot landscaping shall include a minimum of one 15-
gallon size tree for every three spaces.
f. All two-way traffic aisles shall be a minimum of 25 feet wide.
g. All parking spaces shall be delineated with wheel stops. The
minimum dimensions for standard-sized parking stalls shall be 8.5'
x 18.5'. The parking lot design shall comply with the Americans
with Disabilities Act; I.e.: 1 :25 ratio for accessible spaces with one
van accessible space.
h. All parking stalls shall observe a minimum 25-foot setback from the
right of way. Parking stalls that are parallel to the street shall
observe a minimum 40-foot setback from the right of way.
I. Parking lot lights shall be low pressure sodium and have a
maximum height of 25 feet from the finished grade of the parking
surface and be directed away from all property lines, adjacent
streets and buildings on adjacent lots.
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j. Light standards for the arenas will be limited to a maximum height
of 30 feet and utilize high-pressure sodium lights. The fixtures shall
be shielded with well-defined cut-off limits to confine illumination to
the arenas only.
k. All setbacks for the RR-A zone shall be met.
I. All development, including, but not limited to, the bunkhouse,
located within the undisturbed coastal sage scrub (CSS) along the
southwestern property line of Parcel 3 to TPM 98-14R shall be
moved out of the habitat area and a biological conservation
easement placed over the undisturbed CSS to the satisfaction of
the Director.
2. A grading plan for the development of the project, prepared on mylar at a
scale of 1"=20', shall be submitted to the Development Services
Department, Engineering Division for review and approval. At a minimum,
the grading plan shall show the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a grading permit.
b. Driveways, in compliance with the specifications provided in
Section 17.08.170D of the Poway Municipal Code, and including
minimum structural sections together with their elevations and
grades.
c. A separate erosion control plan for prevention of sediment run-off
during construction.
d. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved encroachment
agreement/permit.
e. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City with
appropriate screening prior to any installation work.
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f. The City of Poway equestrian/pedestrian trail easement in
conjunction with the proposed grading. The proposed grading and
improvements shall not interfere or encroach upon the easement.
g. All on-site biological conservation easements shall be shown.
During grading of the site the on-site conservation areas shall be
staked to the satisfaction of the Director of Development Services.
A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
3. The applicant shall pay all applicable engineering, plan checking, and
inspection fees. The driveway construction cost shall be included in the
cost estimates for plan checking and determination of inspection fees.
4. The applicant shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the elimination of non-storm runoff
into the storm drain system. The SWPPP shall include, but not be limited
to, an effective method of construction and post-construction erosion and
sediment control, a material storage site, measures to protect construction
material from being exposed to storm runoff, methods for maintenance
and cleaning of horse training facilities, and barns, protection of all
drainage ways, streams, and inlets, on-site concrete truck wash and waste
control, and other means of Best Management Practices to eliminate
pollutants from entering the storm drain system. Applicant shall certify the
SWPPP prior to approval of the grading plan.
The applicant shall file with the State Department of Water Resources a
Notice of Intent under Statewide General Construction Storm Water
Permit (NOI), of which proof of acceptance shall be submitted to the
Development Services Department - Engineering Division prior to
issuance of a grading permit. Application forms may be obtained from
Development Services upon request.
For additional inquiries regarding NOI, please contact:
Resolution No. P-O4-16
Page 9
State Water Resources Control Board
Division of Water Quality
Attention: Storm Water Permit Unit
P.O. Box 1977
Sacramento, CA 95812-1977
(916) 657-0757
5. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City.
6. Monitoring of the initial grubbing, clearing and first bulldozer blading will be
required by a qualified archaeologist.
7. The plans shall contain a note that no native trees shall be removed. If
any existing on-site trees are later proposed for removal, such trees shall
be evaluated for retention or removal based on the Chapter 12.32 of the
Poway Municipal Code relating to trees and urban forestry standards of
the California Department of Forestry and Fire Protection.
8. The applicant shall record a biological conservation easement over
coastal sage scrub (CSS) habitat to replace the habitat removed due to
construction of the project consistent with the project's mitigation
measures and to the satisfaction of the Director of Development Services.
9. Maintain a 100-foot minimum setback from the nearest portion of the
horse boarding and training facility to the ephemeral stream on an
adjacent parcel to the north. Show the stream and setback on the grading
plans and a revised site plan to be submitted for City review and approval.
10. The public equestrian staging area, required by Resolution No. P-99-56
for TPM 98-14R, shall be provided on APN 322-011-08 or 09 to the
satisfaction of the City's Trail Coordinator unless the applicant can find an
off-site location that is acceptable to the City and CalTrans. The staging
area and trail system shall be improved to City standards, including, but
not limited to, fencing and signage. The trail and staging area are to be
shown on the grading and improvement plans, and improvements are to
be constructed prior to acceptance of the road improvements to Poway
Road as required by Resolution No. P-99-56 for TPM 98-14R.
11. No grading is allowed on undisturbed habitat between February 15 and
August 15, the nesting season for the California Gnatcatcher and other
bird species.
12. Landscaping shall be installed along the Highway 67 and Poway Road
frontages in such a manner so as not to interfere with sight distance per
Resolution No. P-04-16
Page 10
an approved grading and landscaping plan. The landscaped setback shall
be 30 to 100 feet in width (the 100-foot width at the intersection of the
roads). An earthen berm of up to three feet in height shall be constructed
along the Highway 67 frontage (with the actual height determined through
review of a landscape plan). The landscaping will consist of drought-
tolerant trees and low shrubbery served by water-conserving irrigation
fixtures. On-site rock will be used extensively for ground cover and
erosion control. A landscape and irrigation plan using low-flow fixtures
shall be submitted in accordance with the City's Guide to Landscape
Requirements. Landscape plan check and inspection fees shall be
collected per the adopted fee schedule.
13. A plan for augmenting the on-site well water usage shall be submitted to
demonstrate a means to provide extra water at peak times, e.g.: using a
water truck to bring in water from an approved off-site location during
summer months and drought years. The plan shall also include measures
to be implemented should ground water supplies in the area drop
significantly at any time. The measures will indicate how the facility will
reduce the water drawn from wells to no more than would be used by full
residential development of the property at current zoning and assuming
the citywide average water consumption per household. Trucking in
additional water is allowable until on-site wells are recharged to prior
levels.
I. The applicant shall comply with the following conditions prior to issuance of a
building permit:
1. The site shall be developed in accordance with the approved site plan and
building elevations on file in the Development Services Department and
the conditions contained herein. Grading of the site shall be in
accordance with the Uniform Building Code, the City Grading Ordinance,
the approved grading plan, the approved soils report, and grading
practices acceptable to the City.
2. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
3. The following development fees shall be paid. These fees are currently in
effect and are subject to change without notice:
Traffic Mitiaation = $ 990 for the bunk house plus $10 per horse
Resolution No. P-O4-16
Page 11
Park = $2,720
Drainaae = $1,570
4. Leach field layout or seepage pit layout for the sewage disposal system
shall be submitted to the City's Development Services Department for
review and approval by the City Engineer prior to obtaining a septic
system installation permit from the County of San Diego Department of
Health. If a septic system installation permit had already been obtained, a
layout plan shall be submitted to the City for review prior to installation of
leach lines.
5. Low-flow plumbing fixtures shall be used in all structures.
6. The plans shall show all new utilities placed underground. In addition, the
location, size and method of screening all utility boxes shall be shown.
7. School impact fees shall be paid at the rate established at the time of
building permit issuance. Please contact the Poway Unified School
District for additional information at (858) 748-0010, Ext. 2089.
8. Plans for water, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway.
9. All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view and sound buffered from adjacent
properties and streets as required to the satisfaction of the Director of
Development Services.
10. The colors on the building shall be consistent with the approved colors on
file in the Development Services Department.
11. Any security lighting shall be shown on the building plans and utilize low-
pressure sodium fixtures. The fixtures shall be shielded with well-defined
cut-off limits to confine illumination to on-site areas only. Wall mounted
security lights shall only be used on the rear or interior sides of buildings.
12. A bunk house shall be provided for the employees in accordance with the
provisions of the Housing Element of the Poway General Plan.
13. Submit design and construction details for the coded entry gate to the
Development Services and Safety Services Departments for review and
approval.
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Page 12
14. Submit plans and details for installation of peripheral fencing at the
entrance off poway Road. Materials for the fencing shall be a type of
fencing to the satisfaction of the Director of Development Services.
15. Submit plans and details for installation of farm fencing; five feet in height
with metal posts at eight to ten foot intervals and three strands of wire
around the periphery of the 50 acres.
16. Submit plans to the Building Division for review and approval of the
modular structure for the ancillary veterinary office. The installation shall
be on a permanent foundation and shall comply with all applicable Uniform
Building Code and City fire protection requirements. The plans shall
indicate that the exterior architectural treatment of the structure is similar
to that of other buildings on site, to the satisfaction of the Director of
Development Services. The building permit for the modular structure shall
not be issued until all Phase 1 improvements have been completed to the
satisfaction of the City.
J. The applicant shall provide the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64 (all structures).
2. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front facade of the building. Building addresses shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept. - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to fire department
apparatus by way of access roadways with all-weather driving surface of
not less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and
having a minimum of 13', 6" of vertical clearance. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
4. The primary residence and bunkhouse shall have a residential fire
sprinkler system installed.
5. Minimum 2A:10BC fire extinguishers required for every 3,000 square feet
and 75' travel distance. This shall apply to all non-residential structures.
Resolution No. P-04-16
Page 13
6. Two 10,OOO-galion water tanks shall be installed to support fire sprinkler
requirement. Locations to be determined by fire department.
7. Install a fire department connection to support on-site fire protection
requirements. Location to be determined by fire department.
8. All water for fire protection systems shall be in place prior to construction
of any structures.
9. All access roadways shall be in accordance with City standards.
10. Dead end fire apparatus access roadways in excess of 150 feet long shall
be provided with approved provisions for the turning around of emergency
apparatus.
11. If applicable, fire lanes may be required.
12. All electric gates shall be provided with Knox override key switches.
13. If applicable, the applicant shall comply with the City of Poway Guide to
Landscape Maintenance as it relates to fire fuel management zones.
K. The applicant shall comply with the following conditions during construction:
1. Driveways, drainage facilities, slope landscaping and protection
measures, utilities, and water mains (including extensions and re-
alignments) shall be constructed, completed, and inspected by the
Engineering Inspector. Driveways shall be constructed in accordance with
Poway Municipal Code, Section 17.08.170D, and its structural section
shall be shown on the grading plan.
2. The developer shall, to the satisfaction of the City Engineer, repair any
and all damages to the existing road improvements on Poway Road
caused by construction activity from this project.
3. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.130B of the grading ordinance. Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior
to issuance of Certificate of Occupancy and release of grading securities.
4. The public improvements shall be completed to the satisfaction of the City
Engineer.
Resolution No. P-04-16
Page 14
5. Non-supervised or non-engineered fill is not allowed. Rock disposal areas
shall be graded in compliance with City approved soils recommendations
and the approved grading plans.
6. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15.
The developer shall maintain all erosion control devices throughout their
intended life.
7. All new utilities within the project shall be placed underground. The
applicant shall be responsible for the relocation and undergrounding of
existing public utilities less than 34.5 kV, unless specifically waived by the
Director of Development Services.
8. Prior to rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a blasting permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of
Development Services.
9. Prior to start of any work within City-held easements or right-of-way, a
Right-of Way permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
10. Improvements for the Poway Road access shall be installed as shown on
the signing and striping plan in the "Traffic Impact Analysis: Poway Equi-
Plex" prepared by Linscott, Law & Greenspan in January 1997.
L. Prior to any use of the project site or business activity being commenced thereof,
all conditions of approval contained herein shall be completed to the satisfaction
of the Director of Development Services.
Phase 2 improvements consisting of perimeter landscaping and irrigation
improvements, and the public trail and staging area improvements (which are on
the easterly, 20 acre, Phase 2 portion of the site) shall be completed in
conjunction with the implementation of work on Phase 2, or within 2 years of this
approval (whichever occurs first), and shall be completed to the satisfaction of
the City prior to the release of securities.
Prior to beginning work on the required Phase 2 public trail and staging area,
easement documents and applicable easement document review fees, shall be
submitted to and approved by the City.
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Page 15
1. All Phase 1 improvement shall be completed per the Conditions of
Approval and approved site and grading plans, and all Fire Department
and Building Division requirements shall be complied with, prior to the
issuance of a Certificate of Occupancy for the office/temporary residence.
The applicant shall obtain final occupancy within 180 days of this
approval.
2. Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance. No signs for the accessory uses
(i.e. the horseshoer, veterinarian) shall be permitted.
3. Permanent on-site restroom facilities with access for persons with physical
disabilities shall be provided by the time the facility is ready to open.
4. A streetlight (with low-pressure sodium fixture) shall be installed at the
intersection of the access road and Poway Road.
M. Upon establishment of the use, the applicant shall comply with the following:
1. The hours of operation shall be between 7:00 a.m. and 9:00 p.m., except
when special events are authorized by a Temporary Use Permit that
extends the hours to 10:00 p.m.
2. All lighting on-site shall be maintained so that light and glare does not
shine towards surrounding properties and is turned off when the facility is
not in use.
3. No amplified sound system, or paging system, may be used except for
special events permitted by a Temporary Use Permit and in compliance
with the Noise Ordinance of the Poway Municipal Code.
4. A site inspection by the County Health Department and/or the Regional
Water Quality Control Board will be required within two months of opening,
if deemed necessary by the Director of Development Services, to verify
that manure stockpiling and usage on the site is handled in a reasonable
way so as to avoid groundwater and surface water quality impacts.
Manure handling shall comply with Section 17.32.010 (F) of the Poway
Municipal Code and any other applicable City and State water quality
regulations.
5. The operation shall be maintained in a clean and sanitary condition.
Animal pens and arenas shall be cleaned on a daily basis, with manure
removed from the site at least once per month so as to avoid impacts to
groundwater or to on-site and off-site surface water courses.
Resolution No. P-04-16
Page 16
6. Watering for dust control will occur as needed to minimize dust reaching
off-site properties and the nearby roadways. The interior roads and
parking area with asphalt surfacing shall be maintained in good condition
for the life of the facility.
7. A Temporary Use Permit (TUP) shall be obtained for any special events
such as small horse shows or other equestrian events that would draw
additional visitors or horses to the site beyond those who regularly board
horses, and the horses who are boarded, on the site. Prior to issuance of
a TUP, improved parking spaces to accommodate the projected number
of visitors must be provided. The applicant shall submit the TUP request
at least 45 day prior to the event.
8. No rental horses are to be maintained on-site. Trainer/schooling horses
are allowed in addition to horse boarders. Rules and regulations shall be
enforced that will direct horse riders to use only the existing trail network
and discourage trespassing on adjacent properties.
9. The applicant shall use a water truck to bring in water from an approved
off-site location during summer months and drought years or for special
events authorized by a Temporary Use Permit if the on-site wells are not
able to accommodate the on-site uses.
10. The maximum number of horses to be kept on the site shall not exceed
eighty (80).
11. The findings of the ground water resource evaluation dated August 19,
1997, shall be followed with regard to determining productivity of the
aquifer and availability of ground water.
12. The on-site accessory veterinary use does not authorize the applicant to
exceed the maximum number of horses allowable on onsite (i.e. 80
horses). The accessory veterinary use shall be limited service associated
with horses that are being boarded on site, and scientific and other
research associated medical treatment for horses.
Section 6: The approval of CUP 96-18M(2) and DR 96-23M(2) shall expire on March
16, 2005, at 5:00 p.m. unless prior to that time a Certificate of Occupancy has been
granted for the office/residence building.
Resolution No. P-O4-16
Page 17
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of March 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO)
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P- 04-16 , was duly
adopted by the City Council at a meeting of said City Council held on the 16th day of
March, 2004 and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Resolution No. P-O4-16
Page 18
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CONDITIONAL USE PERMIT 96-18M & DEVELOPMENT REVIEW 96-23M
he California Environmental Quality Act (CEQA) requires a Mitigation Monitoring Program
pursuant to California Public Resources Code, Section 21081.6). The following Mitigation
Monitoring Program identifies the environmental impact and mitigation measures identified in the
environmental document reviewed and approved by the City of Poway City Council and the party
responsible for implementation of the mitiaation measures.
Topic Mitigation Measure(s) Timing Responsibility
AESTHETICS Install an earthen berm and landscaping per Prior to Applicant
an aooroved aradina and landscapina plan. occupancy
BIOLOGY 1) Record a biological conservation Prior to grading Applicant
easement for undisturbed habitat and permit issuance
Idedicate additional land at a 2:1 mitigation
ratio for habitat that is removed. 2) Observe
100' setback from ephemeral stream to north
of site.
CULTURAL Monitoring of the initial stages of grading by a During initial Applicant, City
Resources qualified archaeologist will be required. stages of site
grading;
address at pre-
construction
meeting.
HYDROLOGY 1) Best management practices shall be Upon Applicant
AND WATER implemented as recommended by the establishment of
QUALITY County Health Department with a site he use
inspection by the County Health Department
and/or the Regional Water Quality Control
Board within two months of opening to verify
hat manure stockpiling and usage on the site
is handled in a reasonable way so as to
avoid groundwater and surface water quality
impacts. Manure handling shall comply with
Section 17.32.010 (F) of the Poway
Municipal Code. 2) Manure stockpile areas
Iwill be kept away from the tops or toes of
slopes with monthly or more frequent pick up
of surplus manure by a topsoil company or
another party. 3) If ground water supplies in
he area drop by 25 percent below normal,
he facility shall reduce the water drawn from
Iwells to no more than 650 gallons per day
plus up to 350 gallons for landscape watering
as would be used bv full residential
Resolution No. P-04-16
Page 19
development of the property at current
oning and assuming the citywide average
daily water consumption per household of
325 gallons. 4) Prepare and comply with a
Storm Water Pollution Prevention Plan.
LIGHT & GLARE 1) Lights for the arena and for security will be Upon ~pplicant
shielded downward and directed away from establishment of
neighboring properties during periodic use of he use.
he arena up until 9:00 p.m. (up to 10:00 p.m.
with a TUP)
RANSPORTA- 1) Pay Traffic Mitigation Fees to the Prior to ~pplicant
IONITRAFFIC Engineering Services Department within 30 occupancy.
days of the approval of this use permit. The
ee shall be paid at a rate of $10 multiplied by
he maximum number of horses approved for
boarding at the facility. 2) Install
improvements as shown on the signing and
striping plan.
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