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Res P-07-30 RESOLUTION NO. P-07-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 06-09 ASSESSOR'S PARCEL NUMBERS 323-070-17,18,19,65 AND RESCINDING RESOLUTION NO. P 88-48 FOR CONDITIONAL USE PERMIT 88-01 AND DEVELOPMENT REVIEW 88-03 WHEREAS, a request has been submitted by Loma Cabrillo LLC/Allan Kuebler, Applicant, to operate a horse boarding facility and training center boarding up to 167 horses, and to operate a cat and dog kennel on four adjoining parcels totaling 37 acres located at 15069 Sycamore Canyon Road, within the Rural Residential B zone; and WHEREAS, on July 17, 2007, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. WHEREAS, on April 12, 1988, the City Council approved by Resolution P-88-48 Conditional Use Permit (CUP) 88-01 and Development Review 88-03 to establish a large animal shelter at 15069 Sycamore Canyon Road, in the Rural Residential B; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: An Environmental Initial Study (EIS) was completed for the project. It was determined that while the project will not have a significant adverse impact on the environment, there could be a potential impacts in the areas of aesthetics, air quality and noise. All anticipated impacts, however, can be mitigated to a level of less than significant. The City Council, therefore, finds that all of the potential environmental concerns can be mitigated to a less than significant level and hereby approves a Mitigated Negative Declaration (MND) for the proposed uses. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for CUP 06-09 to operate a horse boarding facility and training center boarding up to 167 horses, and a cat and dog kennel on four adjoining parcels (APNs 323-070-17, 18, 19, 65) totaling 37 acres, located at 15069 Sycamore Canyon Road, including the former 4-acre Humane Society property, within the Rural Residential B zone are as follows: A. The location, size, design, and operating characteristics of the proposed horse boarding and training facility, and dog and cat kennel is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that horse boarding and training operations and kennels are allowed in the RR-B zone with a Conditional Use Permit approval. The project has been designed and sited such that it will be compatible with the surrounding horse boarding and rural residential development. Resolution No. P-07 -30 Page 2 B. The location, size, design, and operating characteristics of the proposed horse boarding and training facility, and dog and cat kennel will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structure, or natural resources in that the facility will be located on a 37-acre property, and adequate setbacks, site design, and operating practices are proposed for the horse boarding and training areas, and the kennel to minimize impacts on surrounding residential and horse boarding land uses. C. The proposed horse boarding and training facility, and the kennel are in harmony with the scale, bulk, coverage, and density of, and are consistent with, adjacent uses in that the design of the proposed facility is consistent and complimentary to surrounding buildings. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed horse boarding and training facility and kennel. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed facility and site has been designed to provide adequate setback and buffering between the subject uses and surrounding development, and the proposed kennel building will be consistent and complimentary to buildings within the surrounding area. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the proposed use provides onsite parking and will be accessed from Sycamore Canyon Road, which has adequate capacity to handle traffic associated with the use. G. The site is suitable for the type and intensity of use and development that is proposed in that the project is located near other horse boarding operations and the 37-acre site (16.7 acres net) is large enough to accommodate the use. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed horse boarding and training facility, and kennel are located on a previously disturbed property, and does not involve the removal of significant natural habitat resources. I. There are no relevant negative impacts associated with the proposed horse boarding and training facility, and kennel that cannot be mitigated. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the horse boarding and training facility, and kennel be established on the site of a previous horse boarding and shelter operation, and the site and operation Resolution No. P-07-30 Page 3 have been designed to be compatible with surrounding rural residential and horse boarding operations. K. The proposed horse boarding and training facility, and kennel will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has been designed and sited such that it operate compatibly with surrounding uses. Section 3: The findings, pursuant to Government Code Section 66020 for the public improvements, are needed as a result of the proposed development to protect the public health, safety, and welfare are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below and further described in the conditions of approval; 1. Future undergrounding of utilities. 2. Dedication of Sycamore Canyon Road right-of-way. 3. Dedication and improvement of a horse trail along Sycamore Canyon Road. C. In accordance with the Poway General Plan, the project requires the payment of traffic fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves CUP 06-09, a proposal to operate a horse boarding facility and training center for boarding up to 167 horses, and a cat and dog kennel on four adjoining parcels (APNs 323-070-17, 18, 19,65), totaling 37 acres, located at 15069 Sycamore Canyon Road, within the Rural Residential B zone, as shown on the site plan dated July 2,2007, subject to the following conditions: (Planning) A. Approval of this Conditional Use Permit shall apply only to the subject project and shall not waive compliance with all other Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) the property owners shall execute a Covenant Regarding Real Property. Resolution No. P-07-30 Page 4 C. 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 surrounding residential uses and horse boarding operations. D. Conditional Use Permit 06-09 shall 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. E. Pursuant to a letter dated April 3, 2007, concerning the subject property, the San Diego County Water Authority requires the removal of the roof, concrete footings around the pole supports of the roof and the electrical service to the removable corrals of the existing covered animal enclosure structure located within the 100-foot-wide Water Authority easement by April 3, 2008. The applicant shall provide documentation from the Water Authority by April 4, 2008, to the Planning Division that the referenced Water Authority requirement has been satisfactorily completed. F. Permanent accessible restroom facilities shall be constructed and provided by July 17, 2009. The operation shall provide temporary accessible restroom facilities to the satisfaction of the Director of Development SerVices from the start of the use until July 17, 2009. G. Prior to establishment of the use, all existing overhead utility lines on the property shall be undergrounded to the specifications of the serving utility companies. This requirement may be deferred until such time as an undergrounding district is formed for Sycamore Canyon Road, at which time the applicants shall pay the pro- rata share of undergrounding. To defer the requirement, the applicant shall process an application for and Underground Waiver with the Development Services Department-Planning Division and record a "Notice of Restriction on Real Property" concerning deferral of the undergrounding requirement. H. Prior to establishment of the use, the applicant shall dedicate a 10-foot-wide recreational trail along and adjacent to the westerly side of the Sycamore Canyon Road right-of-way property frontage and shall cooperate with the City in moving the existing trail easement to an area that is satisfactory to the Director of Public Works and the owner of the property. I. The applicant shall obtain the approval of a Temporary Use Permit for special horse events. An application for a Temporary Use Permit shall be submitted at least 6 weeks prior to the scheduled event to allow for processing. No sound amplification system shall be used outdoors. J. The conditions of this CUP shall remain in effect for the life of the subject horse boarding and training facility, and kennel and shall run with the land and be Resolution No. P-07-30 Page 5 binding upon future owners, successors, heirs, and transferees of the current property owner. K. Prior to establishment of the horse boarding facility, the applicant shall comply with the following: 1. Remove all existing fencing located within the floodway. Alternatively, the existing fencing may be replaced with breakaway type fencing, or a portion of the existing chain link fencing may be removed so that the bottom of the fencing is higher than the projected elevation of a 100- year storm event, as certified by a licensed civil engineer. 2. Remove all structures within the floodway. The proposed manure disposal bin shall be sited clear of the f1oodway. 3. Provide a site plan for review and approval to the Planning Division that shows the following: a. All animal enclosure areas shall be sited clear of the floodway and observe a minimum 50 foot setback from on-site creeks (setback as measured from the banks on the limits of the channel). b. Show the location of all tack buildings. Any buildings exceeding 120 square feet in area are required to obtain a Building Permit approval prior to construction/installation. c.. All parking areas shall be shown and shall be able to accommodate parking for up to 100 horse trailers and trucks and vehicles. d. All animal enclosures shall be located a minimum 60 feet away from any building used for human habitation. e. The site plan shall show all existing and proposed lighting. Details of any new exterior lighting shall be submitted to the Planning Division for review and approval prior to submitting to the Building Division for required electrical permits. The building plan shall including fixture type and design. All exterior lighting fixtures shall be low-pressure sodium, and designed such that they reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.10.150.H. Low-pressure sodium lighting shall be used for security purposes. The arena and corral areas shall not be lighted for evening use. f. A trash enclosure shall be provided. The trash enclosure shall include solid gates, and be consistent with the architecture and Resolution No. P-07-30 Page 6 materials of the main structure to the satisfaction of the Director of Development Services. The trash enclosure shall not exceed 6 feet in height. g. The location of the temporary restroom facilities. 4. The applicant shall provide in writing the Best Management Practices that will be used to ensure compliance with the City of Poway's Jurisdictional Urban Runoff Management Plan to not allow pollutant discharge (animal waste) to a receiving water. L. Prior to establishing the kennel operation, the applicant shall comply with the following: 1. Obtain necessary permits for the kennel from San Diego County and provide a copy to the Planning Division. 2. Obtain approval of a Minor Development Review (MDRA) permit for the kennel building design and interior layout prior to issuance of a Building Permit. The MDRA process will include the notification of adjacent property owners. The plans shall show the following: a. The animal run areas shall be completely contained within the building. b. The building shall be improved so that it is heated and cooled. c. Animal runs shall meet the following minimums: i. Three feet by five feet for small size animals ii. Three feet by nine feet for medium size animals; iii. Nine feet by nine feet for large size animals. d. Animal runs shall be constructed and/or coated with nonporous material to discourage breeding of ticks and other similar pests. e. The animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage. f. The animal runs shall be enclosed completely within the sound proofed, heated and cooled kennel building. g. The animal runs shall be provided with drains sufficient to control drainage and daily washing of the runs. Resolution No. P-07-30 Page 7 h. The kennel building shall be sited to observe a minimum 20-foot setback from side property lines and clear of the 40-foot front yard setback. (Engineering) M. Within 30 days of the approval of this application, the applicant shall pay Traffic Mitigation Fees to the Engineering Division. The fees shall be calculated at a rate of $10/horse, based on the maximum number of horses approved for boarding at the facility. N. Within 60 days of approval of this application, the applicant shall execute and cause the recordation of an Irrevocable Offer of Dedication to attain a half-street Right-of-Way width of 42 feet along the project frontage on Sycamore Canyon Road. This shall include the applicant's submittal to the City, for review and approval, a legal description and plat map, accompanied by a $1,000 review fee. O. Prior to the issuance of a Grading Permit or Building Permit, the applicant shall comply with the following: (Engineering) 1. Prior to grading, the applicant shall obtain a Grading Permit. The applicant shall submit to the Development Services Department for review and approval a precise grading plan, erosion control plan, Storm Water Pollution Prevention Plan, and geotechnical report. Grading of the project shall be in substantial conformance with the approved development plan and in . accordance with the Uniform Building Code, City Grading Ordinance, City Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance, and the City Storm Water Management and Discharge Control Ordinance. Prior to issuance of a Grading Permit, the applicant shall comply with the following: a. If any grading is to exceed 50 cubic yards of earthwork, or if any cut is greater than two feet in vertical depth and creates a cut slope steeper than 2:1, or if any fill is more than one foot in vertical depth then the applicant shall apply for a Grading Permit and submit a grading plan for review and approval to the City Development Services Department. If the above conditions do not apply, then the applicant shall provide a certification from a State Registered Civil Engineer or Licensed Architect indicating the quantity of earthwork involved and pay a $500 inspection fee prior to Building Permit issuance. b. If a Grading Permit is required, a grading plan shall be prepared on a City of Poway standard 3mm, 24" x 36" mylar at a scale of 1" = 20' and submitted along with a Grading Permit application and applicable fees to the Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Resolution No. P-07 -30 Page 8 Division front counter. At a minimum, the grading plans shall show the following: I. 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. ii. A separate erosion control plan prepared by the project civil engineer for prevention of sediment runoff during construction. Erosion control, including, but not limited to, de-silting basins, shall be installed and maintained from October 1 to April 30. The applicant/ developer shall make provisions to insure proper maintenance of all erosion control devices. III. All utilities (proposed and existing), together with the appurtenances and any easements. Encroachments are not permitted upon any easement without an approved Encroachment Agreement/Permit. iv. Top and bottom elevations of all retaining and freestanding walls. The grading plans shall show the screening walls for reference purposes. Submit a design and materials board for the walls for approval by the Planning Division. The wall design and materials shall be consistent with existing walls in the Old Poway area and shall be to the satisfaction of the Director of Development Services. 2. If a Grading Permit is required, a soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work. The report shall be submitted with the grading plan. 3. If a Grading Permit is required: 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. 4. If a Grading Permit is required, and construction of this project is to disturb one acre or more, the project owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NOI) for coverage under the Resolution No. P-07 -30 Page 9 statewide General Permit that covers storm water discharges. Proof of filing the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a Grading Permit. Applicants for the Notice of Intent may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 5. If a Grading Permit is required and construction of this project is to disturb one acre or more, 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 hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to removed fine silt for a ten-year, six-hour storm event; a material storage and handling site, measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, on-site concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system including a weather triggered action plan. The engineer shall certify the SWPPP prior to issuance of a Grading Permit. 6. If a Grading Permit is required, the applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 7. If a Grading Permit is required, project securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. A minimum of $2,000 cash security deposit for erosion prevention and sediment control is required, regardless of whether or not grading is proposed. P. The applicant shall obtain a Building Permit prior to construction of any building on the site. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ordinances in effect at the time of Building Permit issuance, including, but not limited to, the 1997 UBC and the CCR Title 24. Resolution No. P-07-30 Page 1 0 2. All entrances shall provide disabled person access to the satisfaction of the Building Division. (Engineering) 3. A $2,000 sediment and erosion control cash security deposit shall be posted with the City. 4. The applicant shall attend a pre-construction meeting, at which time they shall present an Action Plan that identified measure to be implemented during construction to address erosion, sediment, and pollutant control. Compliance for sediment control shall be provided using the following guidelines, as deemed necessary by the project inspector: a. Provision of an onsite de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. b. The covering of all flat areas with approved mulch. c. The installation of an earthen or gravel bag berm that retains three inches of water over all areas prior to discharge, effectively creating a de-silting basin from the pad. 5. The site shall be developed in accordance with the approved site plans and conditions of approval contained herein. Grading (if any) 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. 6. Erosion control, including, but not limited to, de-silting basins, shall be installed and maintained by the developer throughout the duration of the project. 7. If a Grading Permit is required, rough grading of the lot is to be completed and meet the approval of the City Engineering Inspector and shall include submittal of the following: a. City approval of soils compaction report. b. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. 8. Prior to the start of any work within the road and utility easement, a Right- of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. Resolution No. P-07-30 Page 11 U. Prior to establishment of the use, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. 2. The landscaping and irrigation on the site shall be in a healthy thriving condition. (Engineering) 3. Drainage improvements and utilities shall be constructed, completed and inspected by the Engineering Inspector. An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. Run-off shall not be permitted to pond near the house foundation. 4. New utilities shall be installed underground. 5. The property owner shall repair, to the satisfaction of the City Engineer, any and all damages to Sycamore Canyon Road caused by construction activity from this project. 6. If a Grading Permit is required, record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request for occupancy, per Section 16.52.130B of the Poway Municipal Code. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. V. Upon establishment of the use, pursuant to CUP 06-09, the following shall apply: 1. The maximum number of horses kept/boarded at the facility shall be assessed and determined based on whether the use has operated in compliance with the conditions of approval if the operator of the facility has resolved any complaints received to the satisfaction of the Director of Development Services. The maximum number of horses that may be boarded is 167 and shall be as determined by the Director. 2. The hours of operation of the proposed horse boarding and training facility, and kennel shall be limited to 6:00 a.m. to 10:00 p.m. Horse boarders and pet owners shall not be on the premises other than the identified hours of operation, except if there is an animal emergency or the boarder is treating a sick horse or one that is in labor and is about to foal. 3. The sole access to the facility shall be from Sycamore Canyon Road. Resolution No. P-07-30 Page 12 4. Best Management Practices shall be used to comply with the City of Poway's Jurisdictional Urban Runoff Management Plan to not allow pollutant discharge (animal waste) to a receiving water. 5. The animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar items. 6. The applicant shall effectively control dust associated with the use. The dust control shall be accomplished either through: (1) a combination of extending City water to the westerly limits of the property to an effective sprinkler system in the arena, corral, animal enclosure areas, unpaved parking areas, and along the unpaved, onsite roadways and or the use of a water truck or similar device to wet down the unpaved parking areas, and along the onsite roadways so that dust does is controlled, or (2) regular (annual or as needed) application of environmentally safe dust control products like "BioRain" and "Arena Pro" in the arena(s), corral(s), animal enclosure areas, unpaved parking areas and on the unpaved, onsite roadways so that dust is controlled. 7. Animal enclosure areas shall be cleaned and maintained on a daily basis. All animal waste (manure, urine, expended bedding, etc.) shall be disposed at a minimum on a weekly basis so as to control flies and odor. Animal waste shall be stored in closed, airtight containers until disposed. Waste shall not be stored within the required 40-foot front yard setback, 20-foot side yard setbacks (along the northerly and southerly property lines) or within the required 50-foot rear yard setback. 8. If there are complaints regarding the odor of urine, the City will require the use of soil treatments and amendments like PDZ or similar products be used in the animal enclosure areas, the arenas, and all areas that the animals are kept to absorb urine and control odor. 9. An effective automatic fly control emitter system shall be used in all of the animal enclosure and barn areas to control flies on the site. 10. The maximum number of cats and/or dogs boarded at the kennel at a given time shall not exceed 20. 11. The kennel shall be served by sewer and/or all excrement produced by the animals shall be dispersed on a weekly basis so as to control flies and odor. Animal waste shall be stored in closed, airtight containers until disposed on a weekly basis. 12. At no time shall animals be boarded or left unattended outside of the kennel building. Resolution No. P-07-30 Page 13 13. All activities onsite shall be conducted so as not to violate the City's Noise Ordinance (Poway Municipal Code 8.08). 14. The dogs shall be boarded completely within an enclosed sound buffered building. 15. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 16. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 17. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 18. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. 19. The parking areas and driveways shall be well maintained. 20. Any signs proposed for this development shall be designed and approved in conformance with the Poway Municipal Code and require the approval of a separate Sign Permit. 21. Collection of trash shall be conducted between 7:00 a.m. and 6:00 p.m. Monday through Saturday to minimize disturbance to adjacent residential development. 22. The arena and corral areas shall not be lighted for evening use. 23. Prior to animals arriving or being boarded at the facility, the applicant shall provide onsite, a resident caretaker to respond promptly in the event of any facility related emergencies or complaints. Section 5: Resolution No. P-88-48 approving CUP 88-01 is hereby rescinded. Section 6: The approval of CUP 06-09 shall expire on July 17. 2009. at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. Resolution No. P-07-30 Page 14 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of July 2007. ATTEST: ~ ~/M~ l41J~ L. Diane Shea, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-07-30, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of July 2007, and that it was so adopted by the following vote: AYES: NOES: BOYACK, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: EMERY DISQUALIFIED: NONE ?tk~~< L. Diane Shea, City Clerk City of Poway