Covenant Regarding Real Property 2010-0161049DCC # 201 0- 01 61 049
III I I VIII 1111111 III 1 111111111111111 IN
RECORDING REQUEST BY: )
APR 01, 2010 3:21 PM
CITY OF POWAY )
OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) 6Arl DIEGO CouNTY RECORDER''; OFFICE
C!4'0D L. BUTLER, COUNTY RECORDER
FEES. 67.00
�p CITY CLERK ) PAGES: 20
00 CITY OF POWAY )
P 0 BOX 789
POWAY CA 92074 -0789 ) I II�III VIII ��II� III VIII VIII ��III ��III VIII VIII VIII (III ��III VIII IIII III
(This space for Recorder's Use)
APN: 323 - 070 -17, 18, and 19
COVENANT REGARDING REAL PROPERTY
RAK, A California General Partnership, PROPERTY OWNER ( "OWNER"
hereinafter), is the owner of real property described in Exhibits A, B and C, which are
attached hereto and made a part hereof, and which is commonly known 15069 Sycamore
Canyon Road ( "PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit (CUP) 06 -09M by the
City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of
approval contained in the attached Resolution (Exhibit D).
This Covenant shall run with the land and be binding upon and inure to the benefit
of future owners, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
In the event that CUP 06 -09M expires or is rescinded by City Council, or the
OWNER terminates the use permitted by the CUP, upon the request of the OWNER
the City shall expunge this Covenant from the record title of the PROPERTY and this
CUP shall be of no further force or effect.
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER:
Dated: Ak4 erf / 1, .7010 By:
Allan Kuebler, Ovoer ( tarize)
CITY OF PO AY
Dated: o? .2 d By: . / "O�L
ob rt J. Manis. ire to of beve6oment Services
M:\p1anning \09report\cup \06 -09m loma cabrillo Ilc \revised covenant rak.docx
/0 -03)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of �G(�1
On
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(6)-*hose nam ubscribed to
the within instrument and acknowledged.to me thagDe ft&they executed the same i /herJtheir authorized
capacity(" and that b) fs erhheir signature(slon the instrument the persor.(s), or the entity upon behalf of
which the personto acted, executed the instrument.
I certify under PENALTY OF PERYURY under the laws of the State of California that the foregoing paragraph
is true and correct.
hand �tld �ffieial seal.
Public
Le6LEN0A SIOOTEN
Commlwlon e17597J9
Notary, "111 • California
San DWgo.Gounty
MV0 mk90nJW30,9011
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
GRJ,CVOR} F-COA laAPAI
(Title or des rip 'on of�,tt hed document)
(Title or dacrip[ion of attached document continued)
Number of Pages _ Document Date
AN, (!)a,3- VP-R , I8 a m
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
❑ Corporate Officer
(Title)
❑ Pariner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008 Verano r'A Pe ,11 In n7 vnn
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California most contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The, only exception is f a
document is to he recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does sot require the notary to do something that is illegal for a notary in
California i1e. cerhfying the authorized capacity of the signer). Please check the
document carefdlyfor proper malarial wording and attach this form if required. '
• State and County Information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forts by crossing off incorrect forms (i.e.
he/she /they; is lire ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk. -
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely atach this document to the signed document
EXHIBIT A
3. The land referred to in this report is situated in the State of California, County of SAN DI EGO
sera fs described w fdk ".-
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
17, TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 17 WHICH IS DISTANT THEREON 40 RODS EAST OF
THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTH ALONG A LINE PARALLEL
WITH THE WEST LINE OF SAID SECTION 80 RODS; THENCE EAST ALONG A LINE PARALLEL
WITH THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 20 RODS; THENCE NORTH ALONG A LINE PARALLEL WITH THE WEST LINE
OF SAID SECTION 80 RODS TO A POINT ON SAID NORTH LINE THE THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE WEST ALONG SAID
NORTH LINE 20 RODS TO THE POINT OF BEGINNING.
APN 323- 070 -17
EXHIBIT B
3. The land referred to in this report is situated in the State of California, County of SAN DIEGO
and is described as follows:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
17, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 17 WHICH IS DISTANT THEREON; 60 RODS EAST OF
THE WEST QUARTER CORNER OF SAID SECTION; THENCE CONTINUING EAST ALONG SAID
NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
17 20 RODS; THENCE SOUTH ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID
SECTION 80 RODS; THENCE WEST ALONG A LINE VAT6KlU'E1,'WITA tNID Y40rhm VIM W
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20 RODS;
THENCE NORTH ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION 80 RODS
TO THE POINT OF BEGINNING.
AE- 323- 070 -28
EXHIBIT C
3. The land referred to in this report is situated in the State of California, County of SAN DI EGO
and is described as follows;
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
17, _TOWNSHIP 14 SOUTH, RANGE I WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT APOINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER WHICH IS
DISTANT THEREON 80 RODS EAST OF THE WEST QUARTER CORNER OF SAID SECTION;
THENCE CONTINUING EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER 433 FEET; THENCE SOUTH ALONG A LINE PARALLEL WITH THE WEST
LINE OF SAID SECTION 80 RODS; THENCE WEST ALONG A LINE PARALLEL WITH SAID
NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
433 FEET; THENCE NORTH ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID
SECTION 80 RODS TO THE POINT OF BEGINNING.
APN 323 - 070 -19
EXHIBIT D
RESOLUTION NO. P -09 -38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT (CUP) 06 -09M
ASSESSOR'S PARCEL NUMBERS 323- 070 -17, 18, 19, AND 65
WHEREAS, a request has been submitted by Loma Cabrillo, LLC /Allan Kuebler,
Applicant, to modify the approved site design and conditions of approval for CUP 06 -09,
which authorized the operation of a horse boarding facility and training center boarding
up to 167 horses, and a cat and dog kennel boarding up to 20 animals on four adjoining
parcels totaling 37 acres located at 15069 Sycamore Canyon Road, within the Rural
Residential B (RR -B) zone. The request also includes a proposal to add lights to the
arena and animal enclosure areas; and
WHEREAS, on April 12, 1988, the City Council approved by Resolution P -88 -48
CUP 88 -01 and Development Review 88 -03 to establish a large animal shelter at
15069 Sycamore Canyon Road; and
WHEREAS, on July 17, 2007, the City Council approved by Resolution P -07 -30
CUP 06 -09 to establish a horse boarding facility for up to 167 horses and a kennel for up
to 20 dogs or cats at 15069 Sycamore Canyon Road; and
WHEREAS, on November 3, 2009, 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: 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 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 (PMC), for CUP 06 -09M to operate both a horse boarding facility and training
center boarding up to 167 horses, and a cat and dog kennel on four adjoining parcels
totaling 37 acres located at 15069 Sycamore Canyon Road, and to add lights to the
main riding arena and animal enclosures, within the RR -B zone are as follows:
A. The location, size, design, and operating characteristics of the proposed. revised
site design of the horse boarding and training facility, the dog and cat kennel, and
the proposed lighted arena and animal enclosures are in accord with the title and
purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the City
General Plan, and the development policies and standards of the City in that horse
Resolution No. P -09 -38
Page 2
boarding and training operations, with arena and animal enclosure lighting, and
kennels are allowed in the RR -B zone with approval of a Conditional Use Permit.
The project has been designed and sited such that it will be compatible with the
surrounding horse boarding and rural residential development.
B. The location, size, design, and operating characteristics of the horse boarding
and training facility, with the proposed arena and animal enclosure lighting, and a
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 land uses..
C. The horse boarding and training facility, with the proposed arena and animal
enclosure lighting, and the kennel are in harmony with the scale, bulk, coverage,
and density of, and are consistent with, adjacent uses in that the revised site
design of the 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 horse boarding and training facility, and kennel.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the facility and site has been designed to provide adequate
setback and buffering between the subject uses and surrounding development.
Special operational requirements have been imposed to ensure compatibility
and the 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 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 revised site
design of the horse boarding and training facility, with the proposed arena and
animal enclosure lighting, and kennel that cannot be mitigated.
Resolution No. P -09 -38
Page 3
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 will be established on
the site of a previous horse boarding and shelter operation, and the site and
operation have been designed to be compatible with surrounding rural residential
and horse boarding operations.
K. The proposed horse boarding and training facility, with arena and animal
enclosure lighting, and kennel will comply with all the applicable provisions of
Chapter 17.48 PMC 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, 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 of a 10- foot -wide horse trail along Sycamore Canyon Road
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 -09M, a proposal to operate a
horse boarding facility and training center for boarding up to 167 horses, and a cat and
dog kennel boarding up to 20 animals, and to add lights to the main riding arena and
animal enclosures, on four adjoining parcels totaling 37 acres located at 15069 Sycamore
Canyon Road, within the RR -B zone, subject to the following conditions:
Resolution No. P -09 -38
Page 4
(Planning)
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event
of a disagreement between the City and applicant regarding litigation issues,
the City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. 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.
C. 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.
D. 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.
E. Conditional Use Permit 06 -09M 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.
F. 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
binding upon future owners, successors, heirs, and transferees of the current
property owner.
G. Within 30 days of approval of this application, the applicant shall pay Traffic
Mitigation Fees to the Engineering Division at the rate listed in the current fee
schedule.
Resolution No. P -09 -38
Page 5
H. In order to accommodate the requirement of the San Diego County Water
Authority to remove existing encroachments from their easement, development of
the site may be phased. Two mare motels to be located on APN 323 - 070 -19 may
be constructed as Phase 1. Prior to issuance of a Building Permit for the first two
mare motels, 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.
(Engineering)
2. Applicant shall submit a Phasing Plan showing locations of phased mare
motels and Equestrian related BMPs. BMPs shall be sized and selected
based on pollutants in the `Equestrian Related Water Quality Best
Management Practices' dated June 2004. BMPs shall be constructed
concurrently with the construction of the mare motels and may be subject to
revision based on the results of the overall project Water Quality Technical
Report, to the satisfaction of the City Engineer.
3, Applicant shall submit and pay fees for the review of a Water Quality
Technical Report.
4. Since . the project will disturb more than one acre, the project owner shall file
with the State Regional Water Quality Control Board a Notice of Intent
(NOI) for coverage under the statewide General Permit that covers storm
water discharges. Proof of filing of 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. Applications 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. Since the project will 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 desiltation basin with a capacity of 3,600
cubic feet of storage per acre drained, or designed to remove 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, onsite concrete truck wash and
waste control; and other means of BMPs to effectively eliminate pollutants
Resolution No. P -09 -38
Page 6
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. The SWPPP shall include minimum construction BMP
requirements as listed in the City's JURMP, Chapter 5.4.
6. Permanent accessible restroom facilities shall be constructed and provided
by November 3, 2010. The operation shall provide temporary accessible
restroom facilities from the start of use until November 3, 2010, to the
satisfaction of the Director of Development Services.
7. Assessor Parcel Number 323 - 070 -65 shall be annexed into Landscape
Maintenance District 86 -2B, to the satisfaction of the Director of Public
Works.
8. Any proposed buildings (including covered or roofed animal enclosures,
mare motels exceeding 120 square feet in area and the permanent
restroom) are required to obtain approval of a Building Permit prior to
construction /installation.
9. Provide a revised site plan to the Planning Division for review and approval
that shows the proposed 66' by 100' oval riding arena as an existing arena
to the satisfaction of the City Engineer.
Prior to issuance of a Building Permit for installation of subsequent mare motels
after the first phase of motels (permits issued after the first two mare motels), the
applicant shall comply with the following:
1. Remove any chain link or solid fencing located within the floodway. Open
rail fencing or fencing one foot above the. 100 -year flood elevation will be
allowed upon approval by the City Engineer.
2. Remove the existing water storage tanks from the floodway. All manure
disposal bin(s) shall be sited clear of the floodway.
3. All existing overhead utility lines on the property shall be undergrounded to
the specifications of the serving utility companies. In that the horse
boarding and kennel use were identified as interim uses by the applicant,
the undergrounding 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 submit a written request for deferral of the
undergrounding requirement with the Development Services Department
and record a "Notice of Restriction on Real Property" concerning deferral of
the undergrounding requirement.
Resolution No. P -09 -38
Page 7
4. A condition of approval for CUP 88 -01 and CUP 06 -09 required that a
42- foot -wide Irrevocable Offer of Dedication (IOD) be provided for right -of-
way on Sycamore Canyon Road. Within the next few months, the City
proposes to amend the Transportation Element to reclassify Sycamore
Canyon Road. Consequently, the right -of -way dedication requirement for
Sycamore Canyon Road will be decreased from 42 feet to 28 feet
(consisting of 11 feet of paved roadway, 7 feet of dirt shoulder and a
10- foot -wide recreational trail easement). The IOD 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.
5. A Grading Permit will be required for any grading work as described in PMC
16.42.010, Item J.
6. Stormwater Quality — Design and Construction
a. Obtain approval of a Water Quality Technical Report (WQTR)
prepared to address the design requirements of the City of Poway's
Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance.
The SUSMP requirements are applicable to the entire site and, as
such, the entire site shall be designed to accommodate for water
quality treatment. All SUSMP requirements developed in the
approved WQTR shall be incorporated into the project design.
b. The project design shall incorporate Low Impact Development (LID)
and site design Best Management Practices (BMPs) to minimize
directly- connected impervious areas and to promote infiltration using.
LID techniques, as outlined in the County of San Diego's LID
handbook.
C. Develop and implement appropriate BMPs to ensure to the
maximum extent practicable that the project does not increase
pollutant loads from the site. A combination of respective storm
water BMPs, including Site Design, Source Control, and Structural
Treatment Control, after the pollutants and conditions of concern
have been identified, shall be implemented in accordance with the
approved SUSMP plan. The pollutants and conditions of concern
shall be evaluated from the project's drainage study and included in
the WQTR.
d. Design Structural Treatment Control BMPs in accordance with the
SUSMP. In accordance with the San Diego Regional Water Quality
Control Board Order No. R9- 2007 -0001 (San Diego Municipal Storm
Water Permit), volume or flow -based BMPs shall be designed to
infiltrate, filter, or treat the volume of runoff produced by the 85th
Resolution No. P -09 -38
Page 8
percentile 24 -hour rainfall or the maximum flow rate of runoff
produced by the 85th percentile hourly rainfall intensity. Chapter
16.107 PMC addresses treatment control design requirements.
Structural treatment control shall be of high or medium removal
efficiency for the primary pollutants of concern. Controls that provide
low removal efficiency shall not be used.
e. Submit an Operation & Maintenance (O &M) Plan in accordance with
Chapter 16.108 PMC. A Storm Water Management Facilities
Maintenance Agreement, accepting responsibility for all structural
BMP maintenance, repair and replacement as outlined in said O &M
plan, binding on the land throughout the life of the project, shall be
recorded prior to issuance of a Building Permit.
7. The applicant shall obtain a Floodplain Development Permit for any
encroachment into the Floodplain. Any insurable structures located within
the floodplain will be required to have flood insurance.
8. Execute and record a Storm Water Management Facilities Maintenance
Agreement accepting responsibility for all structural Best Management
Practices maintenance, repair and replacement, as outlined in the
Operations and Maintenance plan included in the agreement, to the
satisfaction of the City Engineer. The operation and maintenance
requirements shall be binding on the land throughout the life of the project.
9. 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.
J. Prior to issuance of a Building Permit and /or Electrical Permit for the proposed
arena lights or animal enclosure lights, the applicant shall comply with the
following:
(Planning)
1. Plans shall be submitted to the Building Division for the proposed arena,
under canopy animal enclosure and security lighting. The plans shall detail
the fixture type and design and provide a lighting site plan that clearly
shows the location that the lights are to be installed. The necessary
Electrical Permits and /or Building Permits shall be obtained.
a. Light standards for the arena shall comply with the following:
Resolution No. P -09 -38
Page 9
The maximum number of lights is limited to six (6) and the
maximum height above grade of the lights shall not exceed 30
feet. Lighting fixtures shall be high - pressure sodium and not
exceed 1,000 watts. Metal halide lighting is prohibited.
ii. The fixtures shall be shielded, with well- defined cut -off limits
to confine illumination to the arena only. The lights shall be
turned on only during evening hours when the arena is in use.
At no time shall the lights be used beyond 9:00 p.m., unless
another time is approved pursuant to a Temporary Use Permit
for a special event, or except in a fire or medical emergency.
iii. The building plans shall depict, to the satisfaction of the
Director of Development Services, that the support posts, light
poles, and fixtures be painted a dark, non - reflective color so
as to reduce their overall visibility.
b. Light standards for the lights installed in the mare motels /animal
enclosures shall comply with the following:
i. The fixtures shall be shielded downwards, directed away from
adjacent properties, and installed under the enclosure /mare
motel roof. The lights must be turned off no later than 10:00
p.m., when the facility closes, unless another time is approved
pursuant to a Temporary Use Permit for a special event, or
except in a fire or medical emergency.
K. Prior to issuance of a Certificate of Occupancy or establishment of the use in
reliance of this Permit, whichever is first, the applicant shall comply with the
following:
(Engineering)
1. All public improvements, onsite and offsite drainage facilities, all
landscaping and irrigation measures, and all utility services shall be
installed and completed by the applicant, and inspected by the Engineering
Inspector for approval.
2. The applicant shall repair, to the satisfaction of the City Engineer, any
and all damages to the frontage streets caused by construction activity from
this project.
3. The landscaping and irrigation on the site shall be maintained in a healthy
thriving condition.
Resolution No. P -09 -38
Page 10
(Planning)
4. Dirt areas immediately around animal enclosures, as well as arena and
corral areas, shall be covered with loose hay or planted with fast - growing
grass to bind the soil and prevent erosion.
5. Pursuant to a letter dated April 28, 2009, 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. The
applicant shall provide documentation from the Water Authority to the
Planning Division that the referenced requirement has been satisfactorily
completed.
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 Application (MDRA) 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.
Resolution No. P -09 -38
Page 11
g. The animal runs shall be provided with drains sufficient to control
drainage and daily washing of the runs.
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.
M. Upon establishment of the use, pursuant to CUP 06 -09M, the following shall apply:
1. The maximum number of horses boarded at the facility shall be assessed
and determined based on whether the use has operated in compliance with
the conditions of approval and if any complaints received have been
resolved 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, the boarder is treating a
sick horse or one that is in labor and is about to foal, or in the event of a fire
or flooding emergency.
3. All lighting within the animal enclosure /mare motel areas shall be installed
underneath the roof or canopy cover to screen and shield the lights. The
lights shall be turned off after 10:00 p.m., unless another time is approved
pursuant to a Temporary Use Permit for a special event, except in a fire or
medical emergency. All exterior lighting fixtures, including lights for security
purposes, shall be low- pressure sodium, and designed such that they
reflect light downward and away from streets and adjoining properties.
4. The sole access to the facility shall be from Sycamore Canyon Road.
5. Best Management Practices shall be used to comply with the City of
Poway's Jurisdictional Urban Runoff Management Plan to prevent pollutant
discharge (animal waste) to a receiving water.
6. The cat and dog runs shall be washed down daily to control odor, flies, and
the breeding of ticks, fleas, bacteria, and other similar items.
7. 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
Resolution No. P -09 -38
Page 12
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.
8. Animal enclosure areas shall be cleaned and maintained on a daily basis.
All animal waste (manure, urine, expended bedding, etc.) 'shall, at a
minimum, be disposed on a weekly basis so as to control flies and odor.
Animal waste shall be stored in closed, airtight containers until disposed of.
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),
within the required 50 -foot rear yard setback or within the floodway.
Because of water quality issues, and the onsite drainage and floodway,
horse waste shall not be spread or distributed on the subject property for
composting or as a soil amendment, or for any other purpose.
9. If there are complaints regarding the odor of urine, the City will require the
use of soil treatments and amendments like PDZ, or similar product, be
used in the animal enclosure areas, the arenas, and all areas where
animals are kept to absorb urine and control odor.
10. 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.
11. The maximum number of cats and /or dogs boarded at the kennel at any
given time shall not exceed 20.
12. The kennel shall be served by septic or 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 of on a weekly basis.
13. At no time shall animals be boarded or left unattended outside of the kennel
building.
14. All activities onsite shall .be conducted so as not to violate the City's Noise
Ordinance (Chapter 8.08 PMC).
15. The dogs shall be boarded completely within an enclosed sound - buffered
building.
Resolution No. P -09 -38
Page 13
16. 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.
17. 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.
18. All animal enclosure areas shall be sited clear of the floodway and observe
a minimum 50 -foot setback from onsite creeks (setback as measured from
the banks on the limits of the channel).
19. Onsite parking areas shall be able to accommodate parking for up to 100
horse trailers, trucks, and vehicles. Long -term parking or storage of horse
trailers or vehicles shall not occur within parking areas located within the
floodway. Long -term parking is defined as parking that extends beyond
one day.
20. All animal enclosures shall be located a minimum of 60 feet away from any
building used for human habitation.
21. 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.
22. 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.
23. The parking areas and driveways shall be well maintained.
24. 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.
25. 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.
26. The applicant shall obtain the approval of a Temporary Use Permit for
special horse events. An application for a Temporary Use Permit, as
outlined in Chapter 17.26 PMC, shall be submitted at least six weeks prior
to the scheduled event to allow for processing. No sound amplification
system shall be used outdoors.
Resolution No. P -09 -38
Page 14
27. A resident caretaker shall be present at the site to respond promptly in the
event of any facility - related emergencies or complaints.
Section 5: Resolution No. P -88-48 approving CUP 88 -01 for the former Humane
Society Shelter and Resolution No. P -07 -30 approving CUP 06 -09 are hereby rescinded,
effective upon establishment of the use in reliance of the approval of CUP 06 -09M.
Section 6: The approval of CUP 06 -09M shall expire on November 3, 2011, at
5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction
on the property in reliance of the CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of November 2009.
Don Higginson, Mayor '
ATTEST:
Linda 9. Troyan, MM
City'. /Clerk
City of Poway
Resolution No. P -09 -38
Page 15
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 09 -38, was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of November 2009,
and that it was so adopted by the following vote:
AYES: BOYACK (via Teleconferencing), CUNNINGHAM, REXFORD,
KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Lirfda. . Troyan, MMC, City lerk
City of Poway