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Res P-94-39RESOLUTION NO. p-94-39 A OF THE CITY UNCI OF T C TY OF POWAY, CAL ORNI APPROVI r-NDITIONAL USE PE ,IT 9 11 P C NUMBER 323-10 '' 70-46 WHEREAS, Conditional Use Permit 94-11, submitted by Mark and Janet Curci, applicants, Thomas and Marjorie Gordon, owners, request approval to operate a horse boarding facility stabling up to 200 horses on a property located at 15529 Sycamore Canyon Road within the Rural Residential A and B zones; and WHEREAS, on August 2, 1994, the City Council held a duly advertised hearing on the above-referenced item. NOW, the City Council does hereby resolve as follows: Section 1: E tal Findim : The City Council finds that the project will not have a significant adverse impact on the and hereby issues a Negative Declaration. Section 2: F : The proposed project is with the General Plan in that public stables are a permitted use on with the General Plan d of RR-A and RR-B with the approval of conditional use permit. That the location, size, design, and opera lng characteristics of the proposed use will be compatible with and wil not adversely affect or be materially d 1 to adjacent uses, res dent buildings, or natural in that the use is bu fere from surrounding land uses and the site has historically been used as a orse boarding facility without any known complaints from surrounding res dents. That the proposed use is in compliance with the Zoning Code, in that it complies with site and 1 listed in the large animal ordinance. That there will not be a harmful effect upon desirable neighborhood ch in that the site is large and the use is buffered from surrounding residential uses. That the g of traffic will streets and/or the City's Circulation will be provided. not adversely impact surrounding Element, in that on-site parking o That the site is suitable for the type and of the designated use which is proposed, in that the property is sizeable and can accommodate the use. Resolution No. P- 94-39 Page 2 That there will not be quality and natural the site previously and area. significant harmful effects upon 1 in that a horse boarding use has operated on the proposed use will be operating in the same That there are no other relevant negative impacts of the proposed use that cannot be mitigated. Section 3: The City Council hereby approves the following conditions: Use Permit 94-11 subject to Within 30 days of approval (1) the applicant shall submit in writing that all 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 of surrounding residential and ' 1 uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or of the use permit. COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTNENT OF PLANNING SERVICES. COMPLIANCE SHALL BE SITE Site shall be developed in accordance with the approved site plans on file in the Planning Services and the conditions contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 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 building permit Compliance with all p of · rdinance 432 is The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit ' o o o 14. Resolution No. P-94-39 Page 3 The contractor vehicles and equipment that are being stored on the property shall be removed from the site within 60 days of the approval of this use permit. The ext rior of the barn shall be dismantled or a building permit s all be obtained and the steps re-constructed to comply with the Uniform uilding Code. This requirement shall be accomplished within 60 days of he approval of this use permit. An effective fly control system shall be implemented and the barn around the animal pens. J within An effective horse manure management program shall be developed and implemented for the site. No horse manure is to be stockpiled near the creek or any other water source. Manure storage areas shall be designed to drain awa' from adjacent properties, so as to prevent surface water from leachin into streams, ditches or groundwater. If manure is to be composed or ed for fertilizer, proper procedures must be used to control insects and minimize offensive odors. The operation shall be J in a clean and sanitary condition. The temporary use of the travel trailer as a residence shall be d' by October 1, 1994. A use permit shall be obtained for any outdoor special events such as horse shows, rodeos, barbecues and day camps. All structures and animal pens shall be kept well clear of the creek. Animal pens shall be designed to drain away from the creek. The subject property contains coastal sage scrub. Future clearing or grading of the site will require the approval of an ad clearing or grading permit by the Planning Services and Engineering Services D No amplified sound is allowed unless approved for a special event approved by a temporary use permit. 15. Provide on-site restroom facilities for horse boarding Disabled access shall be provided to the 16. Hours of operation shall be limited from sunrise to 10 p.m. Special events that would extend the hours beyond 10 p.m. shall require temporary use permit approval through the Planning Services SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. Resolution No. p-94-39 Page 4 EXISTING STRUCTURES Existing building(s) shall be made to comply with current building and zoning regulations for the intended use of the building shall be demolished. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. COMPLIANCE SHALL BE Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading The appl cant shall pay Traffic Mitigation Fees to the Engineering Services within 30 days of the approval of this use permit. The fee s all be paid at a rate of $10 by the maximum number of horses proposed or boarding at the facility ($10 x 200 horses = $2,000). The area where has previously occurred shall be leveled and graded as approved by the Director of Engineering within 60 days of the approval of this use permit. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 2nd day of August 1994. Don Higginso ATTEST: 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-94-39 , was duly adopted by the City Council at a meeting of said City Council he 2nd day of August , 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, HIGGINSON, SNESKO NOES: NONE ABSTAIN: NONE ABSENT: City ~'~ay