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