Res P-94-58RESOLUTION NO. p- 94-58
A OF T E CITY COU CI
OF T CITY OF PO'AY, CALIFO NI
APPROVING CONDITI- AL USE PER]IT 94-15 A , V RIANCE 94-05
ASSESS-'S PARCEL UMBER 323-2 O- 8
WHEREAS, Conditional Use Permit 94-15 and Variance 94-05, submitted by
Frans and Sandi Verheijen, applicants, request approval to operate a horse
boarding facility stabling up to 25 horses on a property located at 12811Welton
Lane within the Rural Residential C zone. The applicants are also a
variance to allow horses to be kept within the required front yard setback; and
WHEREAS, on November 29, 1994, the City Council held a duly advertised
hearing on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: I :
The City Council finds that
adverse impact on the
with Mitigation Measures.
the project will not have a
and hereby issues a Negative
1 Use Permit 94-15
The proposed project is with the General Plan in that
stables are a permitted use on with the General Plan
designation of RR-C subject to approval of conditional use permit.
That the location, size, design and of the
proposed use will be compatible with and wi'll not adversely affect'
or be materially detrimental to adjacent uses, residents, buildings,
, or natural , in that the use is located in a
low density rural residential zone where horses are also being kept
on other lots in the area.
That the proposed use is in compliance with
Zoning Code, in that it complies with the
listed in the large animal ordinance.
Section 17.32 of the
1 standards
That there will not be a harmful effect upon desirable neighborhood
ch in that the site is in a rural residential zone
where horses are also being kept on surrounding
o
That the 9 of traffic will not adversely impact surrounding
streets and/or the City's Circulation Element, in that on-site
parking will be provided, the applicants are required to pay a
traffic mitigation fee and the conditions of approval limits the
maximum number of riding lessons and students at the Ranch to
current rates to minimize use generated traffic.
No. P- 94-58
Page 2
o
That the site is suitable for the type and intensity of the
designated use which is proposed, in that the property is of
sufficient size to accommodate the use.
o
That there will not be significant harmful effects upon
quality and natural in that a horse boarding
use has operated on the site for the past three years and the
facility is well operated and ~.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated.
Variance 94-05
That there are special applicable to the property, and
because of this, the s rict application of the Zoning Ordinance
deprives the property o privileges enjoyed by other properties in
the vicinity under iden ical zoning classification.
The special are that a large portion of the lot is
sloping and not suitable for siting animal pens. The area where the
animal pens encroach is more than ten feet lower than the elevation
of Welton Lane. Therefore the pens are satisfactorily screened and
buffered from the street.
That granting the variance or its modification is for the
p and, of a 1 property right possessed
by other property in the same vicinity and zoning for which the
variance is sought in that the of other horse
in the area is more level and allow~ for horses to be kept clear of
required setback areas.
That granting the variance or its modification will not be
materially d to the public health, safety, or welfare, or
to the property or in such vicinity and zone
in which the property is located.
That the granting of this variance does not a special
privilege with the 1' upon other properties in
the vicinity and zone in that other horse properties exist in the
area which are less ~ in the siting of horse pens because
those p are more level.
That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations the parcel or property in that
horse boarding facilitie~ and riding schools are allowed in the
rural residential zone with the approval of a conditional use
permit.
Resolution No. P-94-58
Page 3
Section 3: Cit Council
The City Council hereby approves Use Permit 94-15 and Variance
94-05 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 ly granted by this permit shall not be conducted
in such a manner as to interfere with the reasonable use and
enjoyment of surrounding residential and ' 1 uses.
This 1 use permit shall be subject to annual review by the
Director of Planning Services for with the 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 has received
the required annual review shall be set for a public
hearing before the City Council, to consider modification or
of the use permit.
E WITH THE IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPHENT
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.
Approval of this request shall not waive with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
The 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 issuance.
Building permits shall be obtained for all (horse shelters,
shade near riding arena) that are J. These permits
shall be obtained within 30 days of approval of this permit. If permits
are not obtained, the applicants shall remove the (s).
10.
11.
12.
13.
14.
15.
Resolution No. P- 94-58
Page 4
The applicant shall bring the guest house unit located in the bar nto
conformance with the Uniform Building Code. The bui ng,
plumbing and electrical permits shall be obtained from the Bu lng
Services This shall be J within 3- ays
of the approval of this use permit.
An effective fly control system incorporating fly traps, emitter
sprays, etc. shall be J and J within the barn around
the animal pens and the manure dumpster.
An effective horse manure t program shall be developed and
J for the site. No ho~se manure is to be stockpiled near the
cre k or any other water source per Title 23, Division 3, Chapter 15
Art cle 6 of the California Code of Regulations. Manure storage area
sha 1 be designed to drain away from adjacent properties, so as to preven
sur ace water from leaching into streams, ditches or groundwater. I
manure is to be composted or used for fertilizer, proper procedures mus
be used to control insects and to minimize odors.
Setbacks from the creek or any other water source may be reduced if best
management practices are implemented as recommended by the County Health
Department, Regional Water Quality Control Board and/or Soil
Service/Resource C District. Measures such as filter strips of
vegetation, diversion terraces or earthen berms may be app
The operation shall be maintained in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
No more than 25 horses shall be kept on site. The maximum number of
riding lessons offered at the Rockin V Ranch shall not exceed 17 per week.
The maximum number of ridin class students shall not exceed forty-three
(43). If at some time in t.e future the applicants/facility owners seek
to increase the maximum num er of riding lessons provided or the maximum
number of riding school stu ents, they shall make a request at the time of
the annual review for CUP 4-15, and the permit shall be scheduled for
public hearing and City Council review.
A temporary use permit shall be obtained for any outdoor special events
such as horse shows, rodeos, and other that would draw a large
crowd (more than 50 people).
All and animal pens shall be kept well clear of the creek.
Animal pens shall be designed to drain away from the creek.
Future clearing or grading of the site will
ad clearing or grading permit by
Engineering Services Departments.
require the approval of an
the Planning Services and
The use of sound amplification equipment is prohibited outdoors, unless
approved for a special event approved by a temporary use permit.
Resolution No. P- 94-58
-- Page 5
16. Provide on-site restroom facilities for horse boarding
Disabled access shall be provided to the
17. Hours of 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 Department.
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.
WITH THE 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
Services
The fee
approved
$250).
shall pay Traffic M' Fees to the Engineering
within 30 days of {he approval of this use permit.
shall be paid at a rate of $10 per the maximum number of horses
for keeping and boarding at the facility ($10 x 25 horses =
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of November 1994.
ATIEST:
Don Hlgglnson, ~ ~o
No. P- 94-58
Page 6
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-94-58 , was duly adopted by the City Council at a meeting of said City Council
the 29thday of November , 1994, and that it was so adopted
by the following vote:
AYES:
CAFAGNA, CALLERY, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: SNESKO
City o~ay