Res P-93-28NO. P-93-28
RE LU ION OF T CITY C U IL
F T C T¥ OF PO " CALI 0 'A
APPROV NG 0 CONDITI L USE E T 93-02
A SES ' PARCEL .~ER 32 -1 -06
WHEREAS, Minor Conditional Use Permit 93-02, submitted by Lea Burrell,
applicant, requests approval to keep and propagate up to 100 exotic birds at the
property located at 14121Melodie Lane, located in the RR-C zone; and
WHEREAS, a zoning violation currently exists on the property ~ the
keeping of wild and/or exotic animals without benefit of a minor conditional use
permit with appropriate mitigation techniques; and
WHEREAS, on May 18, 1993, the City Council held a duly advertised public
hearing to solicit comments from the public both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E 1 Fin< :
The City Council finds that the project is categorically exempt under the
p of CEQA Guidelines, Class 21, an enforcement action by a
regulatory agency.
The propos d project is consistent with the General Plan in that th
keeping an raising of animals is an use in a residentia
zone, but ecause there is potential for abuse of the privilege o
keeping a arge number of animals on the property, the approval o
the minor conditional use permit is limited to a period of six
months.
The proposed location, size, design, and operating ch
of the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents,
buildin s, tructures, or natural , in that the birds will
be contine in adequately designed and placed enclosures so as to
attenua e a verse noise impacts. The enclosures will be installed
and tes ed or performance in advance of granting of this approval.
That the harmon in scale, bulk, coverage, and density is consistent
with adjacent u es, because the main on the property will
remain resident al in nature. The bird enclosures will be small in
scale in propor ion to these buildings.
That there are available public facilities,
serving the subject property.
and utilities
No. P- 93-28
Page 2
That there will not be a harmful effect upon desirable neighborh od
characteristics, even though the number of animals kept on he
s, bject lot is much greater than on any nearby property, because he
b rds will be kept in sound J enclosures, and t at
e fective sanitation requirements will be imposed on the conduct of
t.e operation.
o
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that
· 1 and/or student groups are prohibited from
visiting the property.
It is unclear whether the site is suitable for the type and
of the designated use which is proposed, and although the
1.25 acre parcel appears to contain sufficient room to house 100
exotic animals, plus other animals allowed to be kept by right on
the property in accordance with Chapter 17.32 of the Poway Municipal
Code, the number exceeds that of any nearby property. Adequate size
enclosures, screened by sound ~ materials are proposed to
provide acceptable separation from adjacent properties to accomplish
adequate noise attenuation.
That there will not be significant harmful effects upon
tal quality and natural in that the site is
otherwise completely disturbed, has been used for residential
purposes in excess of 30 years and contains no natural plant or
animal habitat.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
The City Council hereby grants 1 approval of Minor Conditional
Use Permit 93-.7 for a period of two w eks, contingent on the completion
of the instal tion of sound attenua ion devices, including, but not
limited to, ba ~,ing materials construc ed f appro riatematerials and of
an adequate s ze, configuration and w th he pro er spacing from noise
sources so as to effectively and subs ant lly r duce noise impacts on
sur ounding roperty owners. Upon comple on o this task, the sound
buf ering ap aratus shall be tested for eff to the satisfaction
of he Direc or of Planning Services. Shoul this requirement fail to be
ful illed w bin the prescribed time per od, the approval of Minor
Conditional e Permit 93-02 shall be null and void.
The following standard conditions shall also be met:
Within 30 days of approval (1) The Applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
Resolution No. P- 93-28
Page 3
The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residences.
APPLZCANT SHALL CONTACT THE DEPARTHENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPNENT
All medium and large size birds shall be housed in appropriate enclosures
located within proper setbacks. Each enclosure with noisy birds shall
have sound attenuation devices install d between the enclosure and the
nearest property line to make certain hat noise abatement regulations
sound levels are met. The devices shal be properly ~, under
building permit req and shal be aesthetically pleasing when
viewed from adjoining properties.
No business clients or groups of students shall be permitted on the
premises.
If an isolation building is needed for convalescent care, an agreement
must be reached with the adjoining neighbor(s) most directly impacted,
prior to construction or of such a structure.
All foods shall be stored in clean sealed All food
preparation equipment shall be maintained in a clean and sanitary manner.
All animal wastes, including food, discarded bedding materials, and fecal
material shall be removed and disposed of properly on a daily basis.
pproval of this request shall not waive compliance with all sections of
he zoning ordinance and all other applicable City Ordinances in effect at
he time of permit approval, including but not limited to, the Uniform
uilding Code and Uniform Fire Code.
The minor con itional use permit shall lapse and shall become void on
November 18, 993. Should the applicants wish to reapply for a new
permit, an app ication will be required to be submitted by October 1, 1993
in order to al ow sufficient time to process the request and set a public
hearing date prior to the lapse of the original permit.
Resolution No. P- 93-28
Page 4
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of May, 1993.
ATTEST:
Y
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P-93-28
, was duly adopted by the City Council at a meeting of said City Council
held on the 18th day of 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, SNESKO, HIGGINSON
NOES: CALLERY, EMERY
ABSTAIN: NONE
ABSENT: NONE