Loading...
Res P-93-60RESOLUTION NO. P- 93-60 A OF T CITY C IL OF T C TY OF PO v, CALI IA APPROVING 0 CONDITi L USE IT 93-04 ASSES ' PARCEL ]BER 32 - -06 WHEREAS, Minor Conditional Use Permit 93-04, submitted by Lea Burrell, applicant, requests approval to keep and propagate up to 100 exotic birds at the property located at 14121Melodie Lane, located in the RR-C zone; and WHEREAS, on November 16, 1993, the City Council held a duly advertised public hearing to solicit comments from the public both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Secti 's: The ~i~y Council finds that the project is categorically exempt under the p of CEQA Guidelines, Class 21, an enforcement action by a regulatory agency. T'e proposed location, size, design, and operating characteristics o the proposed use are in accord with the title and purpose of t is T tle, the purpose of the zone in which the site is located, he C ty general plan, and the development policies and standards of he C ty in that it is a permissible use in the zone in wh ch the property is located and that zoning is consistent with he general plan. If the conditions i posed by this Minor Conditional Use Permit are complied ith, t e location, size, design, and operating characteris ics of he proposed use will be compatible with and will not dverse y affec or be materially detrimental to adjacent uses, resi ents, uildings, st or natural because the cond tions nclude adequate measures to control odor, protect the publ c health and mitigate noise impacts. The proposed use maintains harmony in scale, bulk, coverage, and density consistent with adjacent uses, because the main structures on the property will remain residential in nature and the bird enclosures will be small in scale in proportion to these buildings. o There are available public facilities, and utilities serving the subject property. There will not be a harmful effect upon desirable neighborhood characteristics because sound attenuation will be provided and effective sanitation requirements will be imposed on the conduct of the operation. Resolution No. P-93-60 Page 2 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. The site is suitable for the type and intensity of use proposed because adherence to the conditions of approval will reduce impacts on surrounding properties to an acceptable level. There will not be significant harmful effects upon 1 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. There are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. The im acts, as described in subsections one through nine of t'is sectio., and the proposed location, size, design and operat ng charac eristics of the proposed use and the conditions under wh h it wou d be operated or maintained will not be detrimental to e public health, safety or welfare, or materially injurious o properties or improvements in the vicinity nor be contrary to t e adopted general plan. 11. The proposed conditional use will comply with each of the applicable p of Title 17 of the Poway Municipal Code. 12. That the noise generated by the this use, when operated according to the conditions included in this approval, will not cause annoyance or discomfort to persons of normal sensitivity in the vicinity. Section 3 ision: The Cit Council hereby grants approval of Minor Conditional Use Permit 93-04 c ntingent on the completion of the installation of additional sound attenua ion devices to be determined in meetings between the applicant and adjacen property owners. 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. 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. Resolution No. P-93-60 Page 3 e In six-months the Minor Conditional Use Permit shall be brought before the City Council for review of the effectiveness of the additional sound attenuation measures and of compliance with the conditions of this permit. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPHENT All medium and large size birds shall be housed in appropriate enclosures located within proper setbacks. Each enclosure with noisy birds shall have sound 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 constructed, under building permit requirements, and shal be aesthetically pleasing when viewed from adjoining properties. No more than 100 birds shall be maintained on the property at any time. Macaws currently kept on site shall be relocated within 60 days of this approval and thereafter no macaws shall be kept on the premises. 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 containers. 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. -- Resolution No. P-93-60 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of November, 1993. Don H~gg~nson, Mayo ATTEST: Marjorie ) , ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-93-60 , was duly adopted by the City Council at a meeting of said City Council held on the 30th day of 1993, and that it was so adopted by the following vote: AYES: CAFAGNA, SNESKO, HIGGINSON NOES: CALLERY, EMERY ABSTAIN: NONE ABSENT: NONE Mai jori City of PoWay City Clerk