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Res P-97-04RESOLUTION NO. P- 97-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 94-07 AND DENYING VARIANCE 97-01 WITHOUT PREJUDICE ASSESSOR'S PARCEL NUMBER 321-111-10 WHEREAS, Conditional Use Permit 94-07, submitted by Marilyn Gillispie, applicant, requests approval to operate a stable for up to 65 horses on a 15 acre site located at 14875 Mina de Om Road, off Poway Grade within the Rural Residential A zone; and WHEREAS, an investigation of the existing facility and constraints reveals that the site is suitable for the keeping of 65 horses; and WHEREAS, an investigation of the existing mobile home and the existing ordinance ;] suitable locations for second dwelling units shows that the site is not eligible as a location due to the Level of Service "F" for vehicular traffic on Poway Road in this vicinity; and WHEREAS, on February 11, 1997, the City Council held a duly advertised hearing on the al: :1 item. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that the project will not have a significant adverse impact on the ~ and hereby adopts a Negative Declaration with mitigation = = The approved project' : with the general plan in that stables are a permitted use on properties with the General Plan designation of RR-A with the approval of a conditional use permit. That the I design, and operating characteristics of the approved :lified by conditions of this resolution, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or n~atural in that the use is located on a large size lot which adjoins others of like kind and use. That the approved use is in compliance with the Zoning Ordinance, in that stables are a permitted use on properties in the RR-A zone and the property will be required to comply with site and operational standards listed in the large animal ordinance. Resolution No. P- 97-04 Page 2 = 10. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the site is 15 acres in size and the conditions of approval will ensure that the use is conducted in such a way that is to be compatible with surrounding neighbors. That the generation 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. That th 31e for the type and intensity of the designated use which is approved, in that the property is in a rural area, is relatively flat on the graded pads with remedial grading 1 the fill slopes, is not affected by floodways and is large enough I ~ate the use. That there will not be significant harmful effects up and natural Iai quality That th :h cannot be mitigated. negative impacts of the approved use that That the impacts and the I design and operating ch of the approved use and the conditions under which it would be operated or :1 will not be detrimental to the public health, safety or welfare, or materially injurious to properties or i~mp in the vicinity nor be contrary to the adopted general plan. That the approved conditional use will comply with each of the applicable p ' ' :Title 17 of the Poway Municipal Code and all other applicable codes and ordinances. Th to the size req for the second dwelling unit is deemed moot due to the ineligibility of this area per the Zoniing Ordinance. The Level of Service "F" for vehicular traffic on Poway Grade is the disqualifying factor. Council Decision: The City Council hereby approves Conditional Use Permit 94-07 subject to the following conditions: Conditions marked with an "*" (asterisk) are mitigation Resolution No. P-97-04 Page 3 Within 30 days of approval (1) the applicant shall sub ..] 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 to interfere with th 31e use and enjoyment of surrounding rural residential and open space 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 h -1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modificar lion of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. LOPMENT 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 eleva1' )orating all conditions of approval shall be submitted to the Planning Services Department prior I : building permits. = Approval of this request shall not 31lance with all i the Zoning Ordinance, particularly Chapters 17.32 and 17.33, and all other applicable City Ord' ~ect at the time of building permit issuance. Building permits shall be obtained for any existing permits by May 12, 1997 and all si 1all h August 12, 1997. needing building :1 final inspection by 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 ord ~'ect at the time of building permit issuance. A site inspection by the County Health Department is required to verify that manure stockpiling and usage on the site is handled in a reasonable way so as to avoid groundwater and surf quality impacts. Manure handling shall comply with Section 17.32.010 (F)of the P.M.C. 10. 11. 12. 13. 14. '15. 16. Resolution No. P- 97-04 Page 4 The operation shall continue to be :1 in a clean and sanitary condition. Animal pens and arenas shall be cleaned on a daily basis with manure removed from the site at least once per month. Permanent on-site restroom facilities for horse boarding shall be provided within one year of approval of this permit. Disabled access shall be provided to the Th five (65). number of horses permitted to be kept on the subject site is sixty- Habitation of the travel trailer is prohibited. A Conditional Use Permit shall be obtained for the mobile home or it shall be removed from the site by July 1, 1998. The mobile home may not be occupied until and unless a Conditional Use Permit has been approved. Existing on-site trees shall be retained wherever possible and shall be in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department. Living trees which are approved f shall be replaced on a tree-for-tree basis as required by the Planning Services Department. Additional trees and other landscaping shall be planted within one year and maintained throughout the site for visual screening and to aid dust control. The Notice of Violation (for the Conditional Use Permit to address the horse boarding and training, the second dwelling unit and the illegal grading) will be rescinded upon ~ completion of the conditions of this resolution to the satisfaction of the Directors of Planning and Engineering Services. A deed restriction for the fill will be required upon :lation of the Engineering Services Department. A plan for augmenting the on-site water su,pply via wells shall be submitted to d to provide ex1 l peak times, e.g. using a water truck to bring in water from an approved off-site location during summer months and drought years. A biological easement shall be placed over the undisturbed Coastal Sage Scrub and chaparral habitat areas o,n the site as :led by the biologist. R = habitat may occur as part of the replanting for the fill slope and for the mobile home site. Temporary use permits shall be obtained for any special ~ as small horse shows or other equestrian events that would draw additional visitors to the site beyond those who would regularly board horses on the site. Resolution No. P- 97-04 Page 5 17. The hours of operation shall be between 7:00 a.m. and 9:00 p.m. Arena lights on the upper arena and security lighting shall be :1 so that light and glare does not impact surrounding properties. If arena lights are proposed for the arena or the bull pen on the east side of the site, a modification of this Conditional Use Permit will be required. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. Regrade the area of the uncontrolled fill and the existing mobile home location to comply with the City Grading Ordinance. Regrading shall be completed within 12 months from Conditional Use Permit approval. *2. The applicant shall pay additional Traffic Mitigation Fees to the Engineering Services Department within 30 days of approval of this permit. The fee shall be paid at a rate of $10.00 per horse multiplied by the number of horses approved. If approved, the $990 traffic mitigation fee for the second dwelling unit must be paid before building permit issuance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Maintain a 20 foot :lway width throughout the horse boarding area. Provide a Fire Department from the existing 10,000 gallon water tank. Contact the Fire Department for location and other details, APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 11th day of February, 1997. ATTEST: Don Higginson, Ma! or Marjor~.~ Wahlsten, City Clerk Resolution No. P- 97-04 Page 6 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. was duly adopted by the City Council at a meeting of said City Council held on the ttth day of Febru 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjor'~ t~. Wahlsten, City Clerk City of~vay