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Res P-95-07RESOLUTION NO. P- 95-07 OF T E CITY UNCIL F T C TY OF PO'AY, CAL ORNIA APP OVI C NDITIONA USE PE IT 94-19 AS ES ' PARCEL MBER 32 -070-62 WHEREAS, Conditional Use Permit 94-]9, submitted by Sandra Senior, applicant, requests approval to operate a stable for up to 75 horses on a 6.5 acre site located at 14905 Garden Road, on the southwest corner of Garden Road and Sycamore Canyon Road within the Rural Residential B zone; and WHEREAS, an investigation of the existing facility and ts reveals that the site is suitable for the keeping of no more than 75 horses; and WHEREAS, on January 31, 1995, 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: The City Council finds adverse impact on the with mitigation that the project will not have a significant and hereby adopts a Negative Declaration Section 2: The approved project is with the general plan in that stables are a permitted use on properties with the General Plan designation of RR-B with the approval of a conditional use permit. That the location, siz , design, and operating characteristics of the approved use, as mo ified by conditions of this resolution, will be compatible with an will not adversely affect or be materially detrimental to adjacen uses, residents, buildings, , or natural in t at the use is located on a generous size lot which adjoins others of like kind and use. T at the approved use is in compliance with the Zoning Ordinance, in t at stables are a permitted use on properties in the RR-B zone and t e property will be required to comply with site and operational s andards listed in the large animal ordinance. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the site is 6.47 acres in size and the conditions of approval will ensure that the use is conducted in a way so as to be compatible with surrounding neighbors. That the § of traffic will not adversely impact surrounding streets and/or the City's Circulation Element, in that traffic mitigation fees will be paid and the applicant is required to provide on-site parking. Resolution No. P-95-07 Page 2 e That the site is suitable for the type and intensity of the designated use which is approved, in that the property is in a rural area, relatively flat and large enough to accommodate the use. o That there will not be significant harmful effects upon tal quality and natural That there are no other relevant negative impacts of the approved use that cannot be mitigated. o That the impacts and the location, size, design and ch of the approved use and the conditions under whi ~ it would be operated or maintained will not be d 1 to t e public health, safety or welfare, or materially injurious o properties or improvements in the vicinity nor be contrary to t e adopted general plan. 10. 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: Cit Council The City Council hereby approves Conditional Use Permit 94-19 subject to the following conditions: Conditions marked with an "*" (asterisk) are mitigation measures. 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 u e permit shall be subject to annual review by the Director of Plann ng Services for compliance with the conditions of approval and to ad ress concerns t'at may have occurred during the past year. If the permi is not in compl ance with the conditions of approval, or the Planning Services Department as received complaints, the required annual review shall be set for a pu lic hearing before the City Council, to consider modification or revocat on of the use permit. COMPLIANCE WITN THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT 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. o o 9. 10. 11. 12. Resolution No. P-95-07 Page 3 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 compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit Building permits shall be obtained for any illegal structures by June 30, 1995, and all shall have received final inspection by June 30, 1996. The applicant shall comply wit 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 ' A site by the County Health is required to verify that manure stockpiling and usage on the site is sufficiently set back from the floodway. The operation shall continue to be J in a clean and sanitary condition. Animal pens and arena shall be cleaned on a daily basis. Relocate the corrals and sheds to areas of the property outside the IO0- Year Floodway. Horse trailers, tack sheds and metal storage buildings shall not be stored within the IO0-Year Floodway. Permanent on-site restroom facilities for horse boarding customers shall be provided within one year of approval of this permit. Disable access shall be provided to the The maximum number of horses permitted to be kept on the subject site is seventy-five (75). Existi g on-site trees shall be retained wherever possible and shall be mainta ned in a horticulturally acceptable manner. Dead, decaying, or otent ally dangerous trees shall be approved for removal at the iscre ion of the Planning Services Department during the review of the ,aster Plan of existing on-site trees. Living trees which are approved or removal shall be replaced on a tree-for-tree basis as required by the lanning Services COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. COMPLIANCE SHALL BE 1. The applicant shall pay Traffic Mitigation Fees to the Engineering Services Department within 30 days of approval of this permit. The fee Resolution No. P- 95-07 Page 4 shall be paid at a rate of $10.00 per horse multiplied by the maximum number of horses approved. 2. The existing and proposed fences shall not impede flow of water through the property. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 31st day of January, 1995. ATTEST: __ Resolution No. P-95-07 Page 5 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-95-07 , was duly adopted by the City Council at a meeting of said City Council he 31 day of , 1995, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, CALLERY, EMERY, REXFORD NONE NONE HIGGINSON City of P~way