Res P-95-04NO. P-9 ~04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-14
ASSESSOR'S PARCEL NUMBER 321-190-05
WHEREAS, 1 Use Permit 94-14 submitted by Harry Rogers,
requests to legalize an existing horse boarding facility, and permit on-site
worker housing on the property located at 14433 Tierra Bonita Road, in the RR-C
zone; and
WHEREAS, on January 3, ]995, 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:
Section 1: E 1 Fin :
The City Council finds that the project is not likely to have a
significant adverse impact on the if recommended mitigation
measures are completed and ~ and hereby issues a Negative
Declaration with mitigation measures as contained in the conditions of
approval.
Section 2: Findin!
The approved project 1s consistent with the general plan in that it is an
agricultural and semi-public use which is permitted in the Rural
Residential-C zone with benefit of a conditional use permit.
That the location, size, design and operating ch of the
approved use will be compatible with adjacent uses; in that the disposal
of manure and control of dust will be mitigation measures of this
approval, and that the majority of nearby uses are of a rural residential
nature.
o
That the harmony in scale, bulk, coverage and density is with
the adjacent uses; in that a limit of 115 horses has been placed on the
facility. There are presently 113 on the site.
That there are available public facilities, services and utilities to
serve this project.
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No. P -98-04
Page 2
That there will be no harmful effect upon desirable neighborhood
ch in that trees will be planted along the property line
adjoining the neighbor to the southeast in order to buffer dust and odor.
That the g of traffic will not adversely impact the surrounding
street and/or the City's Transportaion Element; in that a Traffic
Mitigation Fee will be paid per number of horses kept on the property.
On-site parking facilities will be adequately sized to meet the demand for
use by boarders. The parking areas will be covered with a Class II base
material to prevent siltation of the paved roadway along the Tierra Bonita
frontage.
That the site is suitable for the type and intensity of use or development
which is approved; in that the immediate neighborhood contains a major
riding club facility which has created a demand for boarding of horses and
ponies nearby. Many of the surrounding properties also contain horses on
large lots. It is in a rural residential setting.
That there will not be significant harmful effects upon 1
quality and natural in that; the corrals which are presently
located within the lO0-Year Floodway will be removed and relocated within
a flood-free portion of the property. Manure will be removed on a regular
and more frequent basis.
That there are no other relevant negative impacts of the approved use that
cannot be mitigated because the conditions of approval include mitigation
measures, annotated by an asterisk *, which address all potential impacts.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 94-14, 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 enjoyment 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,
Resolution No. P-
Page 3
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 revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTNENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department 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.
o
Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit ' Compliance with all p of
Ordinance 432 as amended by Ordinance 438 is required.
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 issuance. The applicant shall obtain proper
building permits for existing which have been built without
them.
o
Building permits shall be obtained for all illegal
1995 and all structures shall have received final
1995.
by March 3,
inspection by May 3,
o
Outdoor lighting for the exercise arenas shall be fitted with shielding so
as to contain the light spread within the property's boundaries.
7. No more than 115 horses shall be kept on the subject property at any time.
No horse corrals, animal pens, or enclosures shall
lO0-Year Floodway, although exercise arenas
be constructed within this area.
be placed within the
minimal fencing may
Manure shall be removed from the site on a cycle of not less than twice
per month, and shall not be stockpiled near the easterly property line,
nor within the lO0-Year Floodway.
lO.
11.
12.
13.
14.
15.
Resolution No. P-95-04
Page 4
Public restroom facilities shall be completed within one year of this
approval.
Hours of operation shall be limited from sunrise to 9 p.m. Special events
that would extend the hours beyond 9 p.m. shall require temporary use
permit approval through the Planning Services Department.
Hours of operation for the arena lights shall be dusk to 9 p.m. except as
approved by temporary use permit and for actual emergencies.
An effective fly control system shall be maintained around the animal
pens.
The operation shall be ~ in a clean and sanitary condition.
Animal pens and animals shall be cleaned on a daily basis.
The temporary use of the barn/tack building as a residence for workers
shall be d' ~ by April 3, 1995. Permanent housing for workers who
are employed on the property may be provided on site in conformance with
building, and other applicable codes. Design of worker housing
shall be approved by the City Council.
16.*
Provide dust control, on a daily basis if needed, by use oF sprinkler
systems for the arenas, horse workout pens and other portions of the site
where dust would be generated.
17.
A temporary use permit shall be obtained prior to any outdoor special
events such as horse shows, barbecues and day camps. Rodeos and any other
event that would generate large amounts of traffic are prohibited. No
amplified sound is allowed unless approved for a special event approved by
a temporary use permit.
PARKING AND VEHICULAR ACCESS
The parking lots and delivery areas shall be surfaced with six (6) inches
of compacted Class II base material within 60 days of the date of this
approval.
LANDSCAPE IMPROVEMENTS
A line of trees 15 gallon in size, shall be planted along the adjoining
property lines with A Parcel Number 321-190-06. These trees
shall be kept in a healthy, thriving condition, free from weeds, damage
from resident horses, and watered by means of a low water usage irrigation
system.
Resolution No. P-95-04
Page 5
2. Existing on-site trees shall be retained wherever
SIGNS
Any signs proposed for this project shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
COMPLIANCE SHALL BE
The applicant shall pay Traffic Mitigation Fees to the Engineering
Services Department within 30 days of approval of this use permit. The
fee shall be paid at a rate of $10.00 multiplied by the maximum number of
horses proposed to be kept at the facility.
DRAINAGE AND FLOOD CONTROL
The proposed project falls within areas indicated as subject to flooding
under the National Flood Insurance Program and is subject to the
p of that program and City Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
Place 2A:iOBC
etc.
hers in exterior buildings, i.e. barns, tack sheds,
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of January, 1995.
ATTEST:
~ K. Wahlsten, C~i y C~rk
Don 'gg' , y -~
Resolution No. P- 95-04
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-95-04 , was duly adopted by the City Council at a meeting of said City Council
held on the 3rd day of January , 1995, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
Marjorie K. Wahlsten, City'Cler~k~
City of Poway