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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