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Res P-97-51A RESOLUTION NO. P-97-51 OF THE CiTY OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 96-18 AND DEVELOPMENT REVIEW 96-23 ASSESSOR'S PARCEL NUMBER 321-011-03 WHEREAS, Conditional Use Permit 96-181Development Review 96-23 for the Poway Equi-Plex submitted by Zip and Lisa Lucidi, applicants, requests approval to construct a horse boarding and training facility for up to 200 horses with barns, stalls, p :1 si: foreman's house, bunk house, office, restrooms, and parking on a 100 : the northwest corner of Poway Road and Highway 67; and WHEREAS, on September 23, 1997, the City :Council held a duly advertised hearing on the ab ~ `l item. NOW, THEREFORE, the City Council does hereby follows: Section 1: E Iai Findin( The City Council finds that the project will not; have a significant adverse impact on the l and hereby adopts a Negative C with mitigation but acknowledges the new federal requirement that additional be obtained from the appropriate authority prior to grading of the subject property due to the p :the Coastal Sage Scrub plant community located :hin the proposed limits of grading, NOTICE. This property in located ' ~ich is known I ' ' sage scrub, the habitat of the California Gnat 'cher which has been listed as a threatened species. E : coastal s e scrub on your property may affect your ability to proceed with this project. R moval of coastal sage scrub without authorization of the Department of Fish a d Wildlife is a violation of the U.S. Endangered Species Act. Proof of such authorization will be required prior to :grading permits, clearing and grubbing permits and improvement plan approvals. Section 2: Conditional Us( The approved project ' l 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 ch : the approved 'lifted by conditions of this resolution, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural in that the use is 10. Resolution No. P-97-51 Page 2 located on a large size lot which adjoins others of like kind and use and conditions of approval will limit the potential impact on other properties. 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. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the site is 60 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 access points have been selected to provid to adjacent streets, the projected volume of traffic will not be a significant impact rellative to existing trafr 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 fiat on the graded pads with remedial grading t the fill slopes, is not affected by floodways and is large enough t 'late the use. That there will not be significant harmful effects uF and natural Iai quality That th :h cannot be mitigated. I negative impacts of the approved use that That the impacts and the ] 3, design and operating ch of the approved use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or imp in the vicinity nor be contrary to the adopted general plan. That the approved conditional use will comply with each of the applicable I: ' ' i Title 17 of the Poway MUnicipal Code and all other applicable codes and ordinances. Resolution No. P- 97-51 Page 3 The approved project is consistent with the Poway General Plan in that a horse boarding, training and riding facility is a permitted land use within the Rural Residential A zoning and land use designation with a conditional use permit and impl 3jective of the Housing Element to provide on- site housing for workers. That the approved project will not have an a(~ :hetic, health, safety, or architecturally related impact upon adjoining properties in that the design of the buildings, the landscaping, earthen berm and other improvements conform to the criteria for other horse boarding, training and riding facilities and will be compatible with existing land uses in the vicinity. That the approved project encourages the ordedy and h apl: : ~1 property within the City in that the architecture of the foreman's residence, office/restrooms, bunkhouse, main barn and other structures incorporates features and building materials that are consistent with the Community Development Standards of the Zoning Development Code. ;il Decision: The City Council hereby approves Conditional Use Permit 96-18 and Development Review 96-23 subject to the following conditions: C II 6-18 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. Conditions marked with ~ (*) are mitigation Within 30 days of approval (1) the applicant slhall 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. Th :titionally granted by this permit shall be conducted in such a manner as to not interfere with the reasonable use and enjoyment of surrounding rural residential and open space uses. 3.* The hours of operation shall be between 7:00 a.m. and 10:00 p.m. 11,* 12,* Resolution No. P-97-51 Page 4 Light standards for th 3all b height of 30 feet and utilize high p :lium lights and restricted to the hOurs between 7:00 a.m. and 9:00 p.m. except for special events that may permit operation until 10:00 p.m. with approval of a temporary use permit. Light standards for the parking lot shall be a height of 30 feet (28 feet on a two foot base) and utilize Iow 10 :lium lights. Lights on th :1 security lighting shall I: does not impact surrounding properties. -1 so that light and glare No amplified sound system, or paging system, may be used that can be heard off- site except as specifically permitted by Temporary Use Permit. A site inspection by the County Health Department and/or the Regional Water Quality Control Board is required within two months of opening 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. The operation shall be maintained in a clean and sanitary condition. Animal pens and arenas shall be cleaned on a daily basis with J from the site at least once per month so as to avoid impacts tO groundwater or I :1 off-site surface war Permanent on-site restroom facilities with access for persons with physical disabilities shall be provided by the time the facility is ready to open. The number of horses permitted to be kept on the subject site is one hundred fifty (150) unless and until additional water studies d rficient water for additional horses to th of the Directors of Engineering and Planning Services. In any case, ti; ~er of horses permitted shall be 200. The findings of the preliminary or subsequent grounc lall be followed with regard to determining the productivity of the aquifers and availability of water. A plan for augmenting the on-site water supply via wells shall be submitted to d to provide ext I peak times, e.g. using a water truck to bring in water from an approved off-site location during summer months and drought years. If ground water supplies in the area drop significantly at any time, the facility shall reduce the water drawn from wells to no more than would be used by full residential development of the property at current zoning and assuming the citywide average war 3tion per household. 13. 14. 15. 16.* 17. 18. De& 1. Resolution No. P- 97-51 Page 5 Watering for dust control will occur as needed to minimize dust reaching off-site properties and the nearby roadways. The interior roads and parking area of decomposed granite (dg) shall be 'J in good condition for the life of the facility. Temporary use permits shall be obtained for any special ~ as small horse shows or other eq that would draw additional visitors or horses to the site beyond those who regularly board horses;, and the horses who are boarded, on the site. In accordance with p ' ' :the Housing Element of the Poway General Plan, at any time when more than five agricultural workers are regularly employed on the site, on-site housing shall be provided for those workers. This may be in the form of a bunkhouse. No rental horses are to b J on-site. Trainedschooling h lowed in addition to horse boarders. Rules and regulations shall be enforced that will direct horse riders to use only the existing trail network and discourage trespassing on adjacent properties. This approval shall b I and void if building p project within two years from the date of project approval. : issued for this 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 J complaints, the required annual ~review shall be set for a public hearing before the City Council, to consider modil : the use permit. ~view 96-23 Revised site plans and building elevar ~orating all conditions of approval shall be submitted to the Planning Services Department pdorl : building permits. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condit J herein. The first phase of improvements shall be clearly shown on a revised exhibit. 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 :l:ect at the time of building permit issuance. 10.* 1 1.* 12.* Resolution No. P-97-51 Page 6 The foreman's house, with garage, of 3,076 square feet, the off' building of 1,110 square feet the bunkhouse of 1,365 square feet, the main barn, the breezeway barn, the shed rows and the tack rooms/offices shall be built in conf th the drawings submitted for this application. Low-flow plumbing fixtures shall be used in all Improvements for the Poway Road access: shall be installed as shown on the signing and stdping plan in the "Traffic Impact Analysis: Poway Equi-Plex" prepared by Linscott, Law & Greenspan in January 1997. Necessary permits shall be obtained from CalTrans for the emergency access to Highway 67. Complete an archaeological survey of the property to determine the presence or absence of prehistoric cultural If found, site records shall be completed and filed, and a testing plan implemented. Landscaping shall be installed along the Highway 67 and Poway Road frontages in such : to interfere with sight distance per an approved grading and landscaping plan. 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 1' shall be replaced on a basis as required by the Plannin and irrigation plan using Iow-flow fixtures sha City's Guide to Landscape Req ' planted and maintained throughout the site parcels and to aid dust control. Services Department. Alandscape be submitted in accordance with the rees and other landscaping shall be r visual screening f :ling A biological easement shall be iplaced over the 10.5 acres of coastal sage scrub, the less th : alkali seep and the disturbed rip 'lland area as described in the" Biological R Poway Equi-Plex", Affinis - February 1997. F :igation of the 10.5 acres of coastal sage scrub will be required :led by the biologist and ' :h the City's Habitat C Plan including obtaining a 10A permit from the City of Poway. The biologist shall also assess the area impacted by the imp for the Poway Road ~own on the signing and striping plan. Contact the Department of Fish and Game to obtain a streambed alteration permit for any grading lhin the ephemerail stream. Contact the Army Corps of Engineers to obtain a wetlands permit, if applicable, for any grading :hin the ephemeral stream. Resolution No. P- 97-51 Page 7 13. School fees shall be paid at $1.84 per square foot of assessable space for residential and $0.30 per square foot of floor area 1' I: ' of building permits. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT F development, the applicant shall pay development fees at the established rate. The following fees, including but not limited to, traffic mitigation, drainage, and reimbursement agreement fees shall be paid prior to building permit issuance. Permit and plan check fees shall be paid upon submittal of improvement and/or grading plan, as applicable. Street light energy charges and fire protection fees shall be paid in full prior to building permit issuance. GRADING 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 practices. The grading plan shall tiflcate signed by a registered civil engineer that the grading plan has preserved a ' ' : 100 square feet of for each dwelling unit and for each future building site within the subdivision. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The final grading plan, prepared on a standard sheet of mylar, drawn at a scale of 1" = 20' or larger shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to issuance of building permit. A pro-blast survey of the surrounding property shall be conducted to the satisfaction of the Director of Engineering Services pdor to any rock blasting. ^ blasting permit shall be obtained from the Engineering Services Department prior to any rock Resolution No. P- 97-51 Page 8 blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the Director of Engineering Services. All new slopes shall b ' ' I2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior to issuance of building permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior t ~ building permits. 10. Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit issuance. 11. If pad elevations increase by greater than two feet in height from those approved on the schematic grading plan used as a basis of approving the project, City Council approval will be required prior to grading permit issuance. 12. Non-supervised or non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and :lations and grading plans. 13. E , including but not limited to desiltation basins, shall be installed and :1 from Oct. 15th to April 15th. An Irol plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the prep of all erosion control devices throughout their intended life. 14. The tops and toes of all graded slopes shall setback from any open space area. ,1 with a five-foot minimum STREETS AND SIDEWALKS All street structural lall be submitted to and approved by the Director of Engineering Services prior to improvement plan approval. Improvement plans for streets and any other public utility lines, prepared on standard sheets of mylar by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering Services Department. Plan check and inspection fees shall be paid by the developer. Improvement/grading plans shall be reviewed and approved by CalTrans. Resolution No. P- 97-51 Page 9 A Standard Agreement for the Construction of Public Imp shall be executed by the developer prior to map approval, or prior to building permit issuance, which first. Approp ' Iies shall also be posted with the submittal of the Standard Agreement to the Engineering Services Department. All street and any public improvements as noted in the Standard Agreement for C of Public Improvements shall be constructed within the time limit imposed in said agreement, to the satisfaction of the Director of Engineering Services. Street improvements shall include, but are not limited to __ Sidewalks X Cross gutter X Driveways __ Alley gutter __ Wheelchair ramps X Street paving X Curb and gutter __ Alley paving X Striping and signs Street imp Ord and shall be made ~n accordance with City :lards for urban streets. All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and imp to the sa1 : the Director of Engineering Services. The developer shall acq ' lment permit for any pdvate imp placed within the public right-of-way from the City and CalTrans. Prior to any work performed in the public right-of-way or City-held a right-of-way permit shall be obtained from the Engineering Services Department and/or CaITrans and appropriate fees paid, in addition to any permits required. DRAINAGE AND FLOOD CONTROL A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and as required by the Director of Engineering Services to properly handle the drainage. Portland cement concrete gutters shall be installed where water crosses the roadways at the Poway Road access, Highway 67 emergency d along the road frontages. Resolution No. P- 97-51 Page 10 3. Concentrated driveways and/or sidewalks shall not be permitted. UTILITIES All proposed electrical/ installed underground. ~CATV utilities within the project shall be Utility shall be provided to the specification of the serving utility companies and the Director of Engineering Services. Water and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. The applicant has submitted a preliminary ysis to establish the existing water table, condition, and availability of water. The analysis shall be submitted for review prior to approval of the improvement p~ans. In order to document adequate water to expand the facilities, further analysis will need to address the effect of this type of development and its demands on the current residents in this area. Developer shall construct a street lighting system standards at no cost to the public, subject tothe following: ,~ to City of Poway Cut-off I lall be installed which will provide true 90-degree cutoff and prevent projection of light abovethe horizontal plane from the lowest point on the lamp or light emitting device. b. All fixtures shall use a clear, Iow p :lium vapor light soume. .;lY charges and District engineering charges shall be paid by the developer. Annexation to the lighting district and evidence of shall be accomplished at the time of final building inspection or issuance of a certificate of occupancy is issued, which later. Existing telephone, gas, electric, and any other public utility lines and appurt lall be shown on the grading/improvement plans. All utility lines (i.e., drainage) not located within public streets shall have an improved -I along the respecr l, the surfacing and width of which shall be acceptable to the Director of Engineering Services. Resolution No. P- 97-51 Page 11 ~ITS AND APPROVALS 1. Permits from other agencies will be required from: X CalTrans This approval is based on the existing site co itions represented on the proposed site plan. If the actual conditions vary from th e rep the site plan must be changed to reflect the actual conditions. A , substantial changes to the site plan must be approved by the Director of Pla lng Services and the Director of Engineering S :i may require approval of the City Council. The following fees shall be paid or a security bond posted prior to issuance of a building permit. Ifa security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full said security bond could be released to the applicant. Traffic Mitigation = $990.00 for the house & bunkhouse plus $10 per horse Park = $2,650.00 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. The building shall display il -Idress in a 31e from the access street. M' ' :the building numbers shall be six inches on the front facade of the building. Every building hereafter constructed shall be accessible to fire department apparatus by way of :lways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a ' ' ; 13', 6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system meeting P.M.C. req ' The entire system is to b :1 by a central monitoring company. System post ind Ih tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. An automatic fire alarm system shall be installed to approved standards by a propedy licensed ~ System shall be completely monitored by a U.L. listed central stat' 3any or proprietary remote station. 10. 11. 12. 13. 14. 15. Resolution No. P- 97-51 Page 12 A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. Fire Depad for use of fire fightin~g equipment shall be provided to the immediate job construction site at the start of construction and :1 at all times until is completed. Permanent :lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. (includes utility ) Minimum 2A:IOBC fire extinguisher required for every 3,000 square feet and 75' travel distance. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. In areas where no publ ., water tanks and "Jones head" type discharge(s) shall be located so that no structure is greater than 300 feet away f of water. This water shall be provided with a ' ' :20 PSI residual pressure at the point of discharge. Material Safety Data Sheets shall be required for all hazardous and/or toxic sub :1 in each building. An Emergency Contingency Plan and Hazardous Material D wall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. Prior to delivery of combustible building material on site, the water system shall · ' y pass all required tests. In addition, the first lift of asphalt paving shall be in place for the Poway Road access and the Highway 67 emergency access aprons and the decomposed granite interior roads and parking areas shall be completed to provide adequate, permanent access for emergency vehicles. The final lift of asphalt for the access aprons ~shall not be installed until all other ~y has been substantially completed to the sat' ' i the City· N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. Road .Cs shall meet "all weathe¢' surface req Services Department. the Engineering Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering per City of Poway Ordinance No· 64. 16. 17. Resolution No. P- 97-51 Page 13 Each chimney used in spark arrester. with any fireplace shall be :l with a Dead end fire apparatus access roadways in excess of 150 feet long shall be provided with approved provisions for the turning around of emergency apparatus. LENGTH _WIDTH TURNARC O'- 150' 6' 150' - 500' ,.0' None Required 70' Diameter Cul-de-Sac 0' Hammerhead *Curves and topographical conditions could alter the req for turnarounds and the width of .Cs. Exception: 16' private driveway permissible when serving two or less dwelling units. 18. Th :lway shall be extended to within 150' of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the chief. 19. This dwelling is being built on a parcel size of 100 acre(s) and is beyond 500 feet from the nearest fire hydrant. The dwelling will have to have standby water for firefighting and a residential sprinlkler system. The bunkhouse is not subject to a residential fire sprinkler sy it qualifies by its size becoming larger than anticipated by the Fire Marshal. Contact the Fire Prevention Bureau for details. 20. An residential 'life safety' fire sprinkler system shall be installed in the foreman's residence. 21. A ' ' :two (2) 10,000 gallon water tank(s) shall be installed. The location of the water tank shall be determined by the City Fire Marshal. 22. A wildland fuel mitigation plan shall be submitted t y potential threat of spread of fire from the proposed building and the open si: l. This plan shall be approved by the Directors of Safety Services, Planning Services, and Community Services prior to building occupancy. 23. Any :ling 5,000 square feet shall be equipped with a fire sprinkler system which ' :1 at an off-site location. Resolution No. P- g7-5! Page 14 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 23rd day of September, 1997. ATTEST: Don Higginson, Mayor Wahlsten, City Clerk 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-97-51 was duly adopted by the City Council at a meeting of said City Council held on the 23rd day of September 1997, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, GOLDBY, REXFORD, HIGGINSON EMERY NONE NONE Marjo[~elK: Wahlsten, City Clerk City- ofq~oway