Res P-94-57NO. P-94-57
RE LU ION OF T E CITY OUNCIL
T C TY OF PO'AY, CAL ORNIA
USE PE IT 94-09
PARCEL 'UMBER 32 -271-02
WHEREAS, Conditional Use Permit 94-09, by Bill and Pat
Steiner, applicants, requests approval to operate a stable for up to 110
horses on an Arabian horse ranch with foaling, training, mare care,
lay-ups (caring for injured or sick horses), lessons (riding and horse care),
sales and boarding (for up to 100 horses plus 10 horses on a 15
acre site at 13980 Millards Ranch Lane within the Rural Residential A zone;
and
WHEREAS, an investigation of existing facilities & constraints,
including the design and use of neighborhood roads and public about
these roads, reveals that the site is suitable for the keeping of no more than
45 horses; and
WHEREAS, on November 29, 1994, the City Council held a duly advertised
hearing on the above-referenced item.
NOW,
the City Council does hereby resolve as follows:
The approved project is with the General Plan in that stables
are a permitted use on p with the General Plan designation of
RR-A with the approval of conditional use permit.
That the location, siz , design, and ch of the
approved use, as modif ed by conditions of t ~s resolution, will be
compatible with and wi 1 not adversely affec or be materially
detrimental to adjacen uses, residents, bui dings, structures, or
natural , in hat the use will be buffered from existing and
proposed surrounding land uses by impl of the conditions of
approval.
That the approved use is in com liance with the Zoning Code, in that
stables are a permitted use on in the RR-A zone with a
Conditional Use Permit and the roperty will be required to comply with
site and 1 standards isted in the large animal ordinance.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the site is ]5 acres in size and the conditions
of approval will ensure that the use is buffered from surrounding
residential uses.
That streets leading to the property are narrow, steep, private streets
which are not designed or J to safely carry heavy loads of
traffic.
That, at a level of 45 horses, the g of traffic will not
adversely impact surrounding streets and/or the City's Circulation
Element. Traffic mitigation fees will be paid and the applicant is
required to provide proof of the legal right to use the private road
from Poway Road to the applicant's site.
Resolution No. P-94-57
Page 2
That the site is suitable for the type and of the
use which is proposed, in that the property is in a rural area,
flat and large enough to the use.
That there will not be significant harmful effects upon
quality and natural
tal
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10.
That, at a level of 45 horses, the impacts and the location, size,
design and operating of the approved use and the
onditions under which it will be operated or J will not be
1 to the public health, safety or welfare, or materially
to or in the vicinity nor be contrary
o the adopted general plan.
]1.
That the approved conditional use will comply with each of the
applicable p of Title 17 of the Poway Municipal Code and all
other applicable codes and ordinances.
Section 3: Ci! Council
The City Council hereby approves Conditional Use Permit 94-09, to allow
the keeping of 45 horses, subject to the following conditions:
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 of surrounding residential 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 revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING IS REQUIRED, COMPLIANCE SHALL BE
APPROVED BY THE OF PLANNING SERVICES.
Conditions marked with an "*" asterisk) are mitigation measures.
SITE DEVELOPNENT
Site shall be developed ~n accordance with the approved site plans on
file in the Planning Services Department and the conditions contained
herein.
Revised site plans and building elevations ~ all conditions
of approval shall be submitted to the Planning Services prior
to issuance of building permits.
o
11.
12.
13'
Resolution No. P-g4-57
Page 3
Building permits shall be obtained for all illegal
30, 1995 and all shall have received final
March 31, 1995.
by January
by
A proval of t'is request shall not waive compliance with all sections of
t e Zoning Or inance and all other applicable City Ordinances in effect
a the time o building permit ' Compliance with all
o Ordinance 32 is required.
The applicant hall comply 'ith the latest adopted Uniform Building
Code, Uniform echanical Co e, Uniform Plumbing Code, National Electric
Code, Uniform ire Code, an all other applicable codes and ordinances
in effect at t e time of bu lding permit
A site by the County Health D is required to
recommend roper abandonment procedures for the two capped wells,
inspect th septic systems, ensure that animal enclosures are the proper
istances rom ny capped/active or abandoned wells (100 feet and 50
eet y), and to verify that manure stockpiling and usage on
he site is suf iciently set back from the creek and other creek
ributaries on he property. Recommended actions shall be completed by
anuary 30, 199
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
use permit approval through the Planning Services D
Hours of operation for the arena lights shall be dusk to 9:00 p.m.
except as approved by temporary use permit and for actual emergencies.
Night lighting for the arena shall be directed and shielded so as not to
be a nuisance to surrounding property owners.
An effective fly control system shall be maintained around the animal
pens.
n effective horse manure management program shall be deve oped and
mplemented for the site. No horse manure is to be stockp led within
O0 feet of the creek or any other water source per Title 3, Division
, Chapter 15, Article 6 of the California Code of Regulat ons. Manure
storage areas shall be designed to drain away from adjacent roperties,
so as to prevent surface water from leaching into streams, d tches or
groundwater. If manure is to be composted or used for ferti izer,
proper procedures must be used to control insects and to min mize
offensive odors.
The operation shall be J in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
The temporary use of the travel trailer and camper shell
for workers shall be d' ~ by March 13, 1995 and
housing provided on-site.
as residences
Provide dust control, on a daily basis if needed, by use of sprinkler
systems for the large arena, horse workout pens and other portions of
the site where dust would be generated.
14. A temporary use permit shall be obtained prior to any outdoor special
events such as horse shows, barbecues and day camps. Rodeos and any
]6.*
17.
18.
19.*
No. P-94-57
Page 4
other event that would generate large amounts of traffic are prohibited.
No sound is allowed unless approved for a special event
approved by a use permit.
All structures and animal pens shall be kept 100 feet from the flow line
of the creek or a minimum of 50 feet from the top of the creek bank.
Animal pens shall be designed to drain away from the creek.
Remove pipe corrals, tack sheds and any other structures from the
building se back areas along Dos Amigos Way and Millards Ranch Lane,
within 100 eet of the flow line of the creek or 50 feet from the top of
the bank wi h best management p and the setback areas around
the two wel s. The creek setbacks may be reduced if best management
are implemented as recommended by the County Health
Regional Water Quality Control Board and/or Soil
C Service/Resource District. Measures such as
filter strips of vegetation, diversion terraces or earthen berms may be
appropriate.
Permanent on-site restroom facilities for horse boarding
be provided within one year of approval of this permit.
shall be provided to the
shall
Disabled access
Landscaping with trees and shrubs is required for the street setback
areas to provide visual and help to mitigate the dust.
Existing trees, shrubs and other~landscaping on site, particularly on
the periphery of the site, shall be H for visual screening from
surrounding parcels.
Applicant shall contact the Department of Fish and Game and obtain, if
necessary, a Code Section 1603 permit for any prior grading near or
within the stream by March 13, 1995.
20.
T e number of horses kept on the site shall be reduced to a maximum of
4 by March 1, 1995. Riding lessons shall be offered for a maximum of
3 hours per week and for not more than 30 students per week. Students
w o do not own a horse boarded at the facility may use horses provided
by the trainer.
21.
The semi-truck trailer used for storage shall be moved to the eastern
part of the site, as shown on the revised site plan, and not used for
storage.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
EXISTING STRUCTURES
Existing building(s) shall be made to comply with current building and zoning
regulations for the intended use or the building shall be demolished.
No. P-94-57
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE OF
COMPLIANCE SHALL BE
The applicant shall pay Traffic Mitigation fees to the Engineering
Services Department within 30 days of the approval of this use permit.
The fee shall be paid at a rate of $10 by the maximum number of horses
approved for boarding at the facility.
o
The ap licant shall provide proof of the legal right to use the private
oad f om Poway Road to the applicant's site (and applicant's obligation
o par icipate in ) for the use and to the extent approved by
he CU . Such proof shall be submitted promptly upon resolution of the
now pending. In the event submittal has not occurred within
nine'months of CUP approval, staff shall set the CUP for public hearing
to consider modification or
grading plan, prepared by a State ~ Civil Engineer,
ndicatin9 the arena area that was gra~ed (cut or fill) with more than
0 cubic yards of earthwork shall be submitted to the Engineering
ervices Department for review and approval by December 29, 1994. Fees
or permit, plan checking, and soils report reviews shall be
otally paid prior to grading permit ' A portion of the fees
shall be paid at first submittal of the grading plan.
At the arena area where earthfill of more than 50 cubic yards was placed
and is not planned to be regraded for compliance with the City's grading
ordinance, the applicant shall, in addition to the grading plan
above, xecute a document ~ building
over said area and it as a non- fill. A plat of
the property and a egal description of the arena area, prepared by a
Civil Engineer, sha 1 be attached to the document which shall be
reviewed and approved by the City Engineer prior to recordation in the
office of the Recorder of San Diego County.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of November 1994.
ATIEST:
~lerk
__ No. P-94-57
Page 6
STATE OF )
) ss.
COUNTY OF SAN DIEGO
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-94-57 , was duly adopted by the City Council at a meeting of said City Council
~e 29th day of November , 1994, and that it was so adopted
by the following vote:
AYES:
CAFAGNA, CALLERY, HIGGINSON
NOES: EMERY
ABSTAIN: NONE
ABSENT: SNESKO
e: es
City way