Loading...
Ordinance Number 937ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT CA 07- 03 RELATING TO SECTION 9-3.515 (EQUESTRIAN STANDARDS), SECTION 9-2.303(a) AND SECTION 9-3.525 (DOG APPEALS) Whereas, on January 15; 2008 the San Juan Capistrano City Council directed staff to pursue code amendments to the City's Title 9 (Zoning) regulations pertaining to equestrian standards and dog appeals; and Whereas, staff has prepared draft amendments to Title 9 regulations for Section 9-3.525 (Kennels — Dog Appeals), Section 9-3.515 (Equestrian Standards) and Section 9-2.303 (Administrative Approvals) of the Municipal Code; and Whereas, the proposed code amendment was reviewed in compliance with the California Environmental Quality Act (CEQA) Guidelines and is Categorically Exempt pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies. A Notice of Exemption was prepared; and Whereas, the Planning Commission conducted a duly noticed public hearing on February 12, 2008 pursuant to Section 9-2.335 of the Municipal Code, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed code amendments, considered all relevant public comments, and recommended approval to the City Council; and Whereas, the City Council conducted a duly noticed public hearing on March 18, 2008 and considered all public oral and written testimony; and THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Notice of Exemption is hereby affirmed. Section 2. San Juan Capistrano Municipal Code Section 9-3.525(a)(5) (Kennels) shall be added to read as set forth in Exhibit A. Section 3. San Juan Capistrano Municipal Code Section 9-3.515(a)(3) shall be amended to read as set forth in Exhibit B. Section 4. San Juan Capistrano Municipal Code Section 9-2.303(a) shall be amended to add new subsection (16) to read as set forth in Exhibit C. Page 1 of 3 0937 ATTEST: PASSED, APPROVED AND JOE , CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) Itk/_1 1st day of April, 2008. I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 937 which was regularly introduced and placed upon its first reading at the Regular meeting of the City Council on the 18th day of March 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 1st day of April 2008 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEFABERS: None R. MONAHAN, City Clerk Page 2 of 3 0937 STATE OF CALIFORNIA ) ' COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) I, MARGARET R. MONAHAN, declares as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 17T day of March, 2008, at least 5 days prior to April 1, 2008, the date of adoption of the ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT CA 07- 03 RELATING TO SECTION 9-3.515 (EQUESTRIAN STANDARDS), SECTION 9-2.303(a) AND SECTION 9-3.525 (DOG A IPPEALS) This document was posted in the Office of the Ci rk MARGA W. MONAHAN, CITY CLERK San Juan aoistrano. California STATE OF CALIFORNIA ) COUNTY OF ORANGE 1 ss AFFIDAVIT OF POSTING ' CITY OF SAN JUAN CAPISTRANO) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 2 n day of April 2008 1 caused to be posted a certified copy of Ordinance No. 937, adopted by the City Council on April 1, 2008 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CODE AMENDMENT CA 07- 03 RELATING TO SECTION 9-3.515 (EQUESTRIAN STANDARDS), SECTION 9-2.303(a) AND SECTION 9-3.525 (DOG APPEALS) This document was posted in the Office of the City Clerk MARPAIJET R. MONAHAN, CITY CLERK San ua Capistrano, California Page 3 of 3 0 937 J EXHIBIT A ' Sec. 9-3.525. Kennels. (a) Commercial kennels. Kennels operated as a commercial activity may be permitted or subject to a conditional use permit in designated district. (b) Noncommercial kennels. Noncommercial kennels where no commercial activity is conducted (no sale of dogs) may be established in the Residential/Agriculture (RA) District as an accessory use and in the Hillside Residential (HR), Single -Family -40,000 (RSE-40,000) and Single -Family -20,000 (RSE-20,000) Districts subject to approval of a conditional use permit. (c) Other provisions. The Planning Director may allow up to six (6) adult dogs provided the following findings and conditions are met: (1) All adult dogs had been registered (licensed) to the applicant by Orange County Animal Control for at least one year (prior twelve (12) months) prior to the application for an exception, or residents that recently moved into the City had written proof that the number of dogs had been previously registered to the applicant by the applicable governing agency prior to residency in the City. (2) Upon notification of nearby property owners of the exception request and a finding that the subject dogs have not created a nuisance, as defined in Chapter 2, Article 4 of this title, such as excessive barking or non -containment within a secured area of the property. Said notification to be provided a minimum of ten (10) days prior to issuance of exception. (3) No substantial complaint histories have been previously reported by nearby property owners. (4) The applicant for an exception executes an agreement that additional and/or replacement dogs will not be allowed upon the death or relocation of permitted dogs such that the total number of dogs will not exceed three (3). (§ 2, Ord. 869) (5) Appeals of the Planning Director decision shall be reviewed by an impartial hearing officer appointed by the City Manager. The decision of the hearing officer shall be final. Page 1 of 1 0 EXHIBIT B ' Sec. 9-3.515. Equestrian standards (commercial and non-commercial stables). This section sets forth the development and operational standards for commercial and non- commercial (residential) equestrian facilities. (a) Commercial stables. (1) Commercial stables defined. For the purposes of this section, "commercial stable" shall mean and include any place where equines are kept, or are offered or available to be kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred as for monetary compensation. (2) Setbacks. The setback requirements set forth in Table 3-21 shall pertain to all structures, including, but not limited to paddocks, corrals, arenas, and fly -tight manure bins, except pastures, grazing areas, and access roads. Table 3-21 Commercial Stable Setbacks Location Minimum Setback* Front Yard J 50 feet* 25 feet* Interior Side Yard II. (may be reduced to five (5) feet if the interior side yard is adjacent to another commercial stable) - ........ .. Exterior Side Yard ..... ..... ...... ...... ...................................... ....... _ 50 feet from the paddocks manure bins, arenas and corrals* ...... ..... _- Rear Yard 1 Five (5) feet* *All structures shall maintain a minimum of 100 feet from any property which is used, zoned, or shown on the General Plan for residential use. No paddock, box stall, or corral shall be located within 100 feet of any school, hospital or similar institution as measured from the property line. (3) General development standards. The establishment of a commercial equestrian stable, as defined by this section and as identified in specific zoning districts, shall require approval of a conditional use permit, except that minor increases in existing stable density shall be approved administratively in accordance with subsection 9-3.515(a)(3)(A)(iv) of this Section. The requirement for a conditional use permit is necessary in order to consider the following issues before such a use could be established: (1) ability of the site to accommodate the use; (2) compatibility of keeping of horses with adjacent areas; (3) determination on the number of horses that the site and its specific location can accommodate; and (4) compatibility of its design with the surrounding land uses. The following general development standards shall be satisfied for the maintaining of horses: (A) Maximum Equine Density. ' (i) The maximum number of equines allowed at a commercial equestrian stable shall be as follows: (a) The maximum density shall be ten (10) horses per usable acre where the stable does not have access to a designated equestrian/hiking trail. Page 1 of 8 0 (b) The maximum density shall be twenty-eight (28) horses per usable acre where the stable has direct access to a designated equestrian/hiking trail. (ii) Minor Density Increases. The Planning Director shall be authorized to approve a minor increase in equine density of up to ten percent (10%) at an existing stable in accordance with this subsection. (a) The Planning Director may approve a minor increase in equine density if the Planning Director finds that: (1) The proposed density increase would not increase the existing number of horses at the subject site by more than ten percent (10%); (2) The subject site is lawfully operating in accordance with a previously approved Conditional Use Permit and the Conditional Use Permit establishes a horse density that is less than the maximum density allowed in Section 9-3.515(a)(3)(A)(i); (3) The proposed density increase would comply with the development standards and requirements set forth in this Section; (4) The proposed density increase would not exceed the maximum densities set forth in Section 9-3.515(a)(3)(A)(i); (5) No prior density increase has been approved administratively for the subject site. If a density increase has been previously approved for the subject site then any further requests for density increases shall require approval of a Conditional Use Permit Modification; (b) The Planning Director shall have the authority to impose any conditions of approval deemed necessary to ensure compliance with the standards and requirements set forth in this Section; (c) The Planning Director shall have the authority to inspect the property to ensure that property is in compliance with any conditions that may be attached the approved density increase; (d) The Planning Director shall have the authority to modify or revoke such administrative approval if the Planning Director determines that the property is operating in violation of any condition of approval. Such modification or revocation may be appealed to the Planning Commission; (iii) For the purposes of this section, "usable acre" is defined as that portion of the total site which is relatively flat (not exceeding ten percent (10%) slope) and which does not encroach into the 100 -year flood area as defined by Section 8-11.105(25) of this Code. (B) Maximum building height. The maximum building height shall be twenty (20) feet for all structures where horses are kept. Structures used for the storage of hay may not exceed thirty- five (35) feet. (C) Landscaping and irrigation. The landscaping and irrigation system shall be subject to review during the development review procedure and shall require the following: (i) Commercial stables located adjacent to residentially zoned land or public streets shall provide a fifteen (15) foot landscaped buffer area. (ii) A five (5) foot buffer area with perimeter trees and shrubs shall be provided adjacent to property lines. (iii) An approved irrigation system shall be provided. (D) Signs. Signs shall conform to the requirements of Section 9-3.543 Signs. (E) Access roads. All access roads shall be paved or equivalent material approved by the City Engineer. The extent of paved roads shall be determined during the development review. (F) Building Area. A maximum of twenty (20) percent of the usable site may be devoted to buildings, covered areas, feed storage structures, paved parking areas, barns, caretaker Page 2 of 8 0 residence, covered paddocks, offices and other covered structures. Uses which are not to be considered in calculating building coverage are those support uses which are open in character, ' including but not limited to open arenas, open paddocks, pastures, hot walkers, wash racks, picnic areas, etc. "Usable site" is that defined by subsection (a)(3)(A) of this section. (4) Specific development standards. All corrals, stalls, arenas, exercise rings, caretaker housing, and accessory structures shall conform to the following requirements: (A) Paddocks/box stalls. There shall be one paddock or box stall provided for each equine; provided, however, a mare and foal may be together within the same paddock for a period not to exceed eight (8) months. Paddocks or box stalls may be designed for more than one equine; provided, however, all the standards shall be multiplied by the number of equines. Each equine paddock shall meet the following requirements: (i) The minimum size paddock shall be 288 square feet, with a minimum dimension of twelve (12) feet, and shall have a minimum five (5) foot high fence. (ii) Box stalls may be used instead of open paddocks. Such stalls shall provide a minimum of 144 square feet per equine (measured from the center line of the wall). A mare and foal may be together within the same stall for a period not to exceed eight (8) months. (iii) Each paddock or box stall shall be provided with a combination manger and feeder and a system of providing clean fresh water to each paddock. Such a system shall use one or more of the following methods: (a) Automatic watering cups or drinking devices; and (b) Water barrels or troughs. If used, such facilities shall be cleaned twice weekly and be filled with fresh water daily. (iv) Each paddock shall be provided with a minimum of ninety-six (96) square feet of shelter ' covering with a minimum dimension of eight (8) feet. Shelters shall be sloped in such a manner as to insure the off-site drainage of the paddock area or be equipped with rain gutters to carry water off the site. (v) Paddock floors shall be graded to allow for drainage. (vi) Paddocks and box stalls located within recognized flood plains shall be designed in such a manner as to insure a minimum impediment of water flow. Each paddock shall meet the following requirements: (a) Paddocks/box stalls shall be of either wood frame or approved prefabricated metal design. (b) Such structures shall conform to the standards of the Uniform Building Code. (c) Totally enclosed wall paddock/box stall structures shall be prohibited. (d) Partially enclosed paddocks shall be capable of removal. (vii) Commercial stables located outside recognized flood plains may have exterior walls constructed as required for permanent buildings. The interior surfaces of such walls shall be finished with smooth, hard nonabsorbent materials. (viii) Paddock fencing shall be either wood or metal bar construction. (ix) Paddock fences and gates shall be capable of supporting a force of 150 pounds per square foot with the load applied three (3) feet from the ground surface. (B) Wash racks. There shall be one wash rack provided for every fifty (50) equines, but in no case shall there be less than one wash rack. Each wash rack shall meet the following requirements: ' (i) The minimum size wash rack area shall be six (6) feet wide and eight (8) feet long. (ii) Each wash rack shall be provided with a permanent watering system. Page 3 of 8 0 (iii) Each wash rack shall be constructed with concrete slab flooring with a rake finish. A gravel or other approved material may be applied over the concrete slab so as to prevent slipping. (iv) Each wash rack shall be connected to an approved drainage system. (C) Employee housing. In order to provide for the health and safety of equines and structures, caretaker residences may be established on the premises. Such residences shall meet the requirements set forth in Section 9-3.511 Caretaker Residences. (D) Grading: In all enclosures where equines are maintained, the land surface of such enclosures shall be graded above the remaining land surface for drainage purposes. (E) Exercise rings. Exercise rings shall maintain a minimum dimension of thirty (30) feet. (F) Arenas. Arenas shall maintain a minimum 10,000 square feet with a minimum dimension of eighty (80) feet. If arena lights are proposed, the location and design shall be in conformance with Section 9-3.529 Lighting. (G) Public toilets. A minimum of one public toilet for each sex shall be provided. Portable outdoor sanitation facilities shall be permitted for areas located within a recognized flood zone. All other facilities shall be of permanent construction. (H) Storage and tack areas. Storage and tack areas shall be provided and designated on the site plan. All such structures shall be designed for easy evacuation where located within a flood zone and shall be of a uniform design, including materials, earth -tone colors, and a non - reflective roof. (1) Trash. Trash, solid waste disposal areas, and dumpsters shall be designed and conveniently located with an all-weather access road provided. (J) Lighting. All security lighting shall be such that it is directed onto the site. (K) Telephones. A public telephone shall be available for use by any individual in the event of an emergency. (L) Maintenance. All stables shall be maintained in such a manner as to insure the health and safety of all equines and the structural integrity of buildings, corrals, and fences. (M) Evacuation. All stables located within a flood plain shall have an evacuation program for all equines, and accessory buildings. (5) Stable management. The management of commercial stables shall meet the requirements of the County Environmental Health Department to keep environmental problems at a minimum. (6) Development procedures. The procedures for development shall be as set forth in Article 3 Development Review Procedures of Chapter 2 of this title. (7) Operational standards. The standards set forth in this subsection are intended to provide for the free circulation of air and maximum exposure to sunlight for the purpose of providing sanitation within commercial equestrian facilities within the City. (A) Manure storage and disposal. Manure storage and disposal shall be by one or more of the following methods: (i) Manure shall be removed from the premises every day, unless it is kept in a covered bin or box made of sound metal, brick stone, concrete, or wood lined with fly -tight materials or buried in the ground and covered with earth or other materials sufficient to prevent the attraction or breeding of flies or other insects. (ii) Manure shall not be permitted to remain in any bin or box for a period longer than seven (7) days. (iii) Automatic fly misters shall be installed and used where manure is stored. (iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a County landfill shall be permitted. Page 4 of 8 0 (v) Additional methods for manure disposal shall be approved by the Planning Director. (B) Rodent control. Rodent control shall be diligently practiced, and the entire premises shall ' be kept in an orderly and sanitary condition to prevent possible rodent infestation. The following guidelines and criteria shall be considered in reviewing plans and operations: (i) All dry grains shall be stored in rodent -proof metal containers, and hay shall be stored in a covered structure on a cement slab or on a raised wood platform which maintains a minimum clearance of six (6) inches above the ground. (ii) Any tack equipment, device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface. Tack room floors shall maintain a minimum clearance of four (4) inches above the ground. (C) Water management. Special attention shall be given to water systems because accumulations of manure, bedding, and/or feed with water are ideal for fly production. For the effective reduction of such fly -production sources, the following standards are to be maintained: (i) A non -leak valve for all troughs, bowls, cups, and other water sources shall be provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs or cups. (iii) In paddocks and corrals, the earth surface shall be properly graded to suit the master drainage plan so that rainwater and overflows from water troughs do not form ponds. Property shall maintain all drainage devices consistent with NPDES permits. (iv) Back -siphoning devices shall be installed to protect the public water supply. An approved pressure vacuum breaker is required on the water line serving the paddocks. The vacuum breaker shall be at least twelve (12) inches above the highest point of the water usage, or an approved double-check valve may be acceptable. Back -siphoning devices shall not be required ' for automatic water cups. (D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitos. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (8) Equestrian shows and exhibits. Equestrian shows and exhibits where outside participants will perform shall be permitted only at approved commercial stables, unless otherwise permitted by the City Council. Applications to conduct an equine show or exhibit shall be submitted at least seven (7) days prior to the scheduled event to the Department of Planning Services for either approval or denial pursuant to Section 9-2.301 Administrative Approvals. The Planning Director shall prescribe the type and form of information required for the application. (b) Non-commercial residential stables and equestrian facilities. Equines may be maintained within residential districts where permitted, subject to the provisions of this section. All such uses shall be restricted to a private non-commercial activity. (1) Non-commercial stables defined. For the purposes of this section, "non-commercial stable" shall mean and include any place where horses or other equine are kept for the use and Page 5 of 8 0 enjoyment of the occupants of the premises, or a noncommercial facility for the use of a private homeowner association. (2) Setbacks. The setback requirements shall pertain to all structures which relate to equines, and exercise or grazing areas. Such facilities shall be subject to the following provisions: From property line to paddocks/box stall on same lot: Front yard 20 feet Side and rear yard 15 feet From property line to pasture/exercise area on same lot: Front yard 20 feet Side and rear yard 10 feet From pasture/exercise area to setback line for residences on adjacent lot: Front yard 35 feet Side and rear yard 35 feet From pasture/exercise area and paddocks/box stall to residence on same lot: Front yard 0 feet Side and rear yard 0 feet From paddocks/box stall to setback line from residence on adjacent lot: Front yard 50 feet Side and rear yard 50 feet (3) General development standards. (A) Equines may be kept within the Residential/Agriculture (RA), Residential Hillside (HR), Single -Family -40,000 (RSE-40,000), Single -Family -20,000 (RSE-20,000), Single -Family -10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Residential Garden -7,000 (RG -7,000), Single - Family 4,000 (RS -4,000), Residential Garden -4,000 (RG -4,000), and Planned Community (PC) Districts where common equestrian facilities are designed into the development and equestrian trails are established adjacent to all equine facilities. Developments with common equine stables or corrals shall conform to the development standards set forth in subsection (a) of this section for commercial stables. (B) Equines may be kept on individual lots within the Agri -Business (A), Residential/Agriculture (RA), Residential Hillside (HR), Single -Family -40,000 (RSE-40,000), and Single -Family -20,000 (RSE-20,000) Districts provided the following standards are met: (i) Number of horses/lot size. (a) One horse per 10,000 square feet of overall lot size. (ii) Minimum lot area for equestrian use. (a) 2,500 square feet for the first horse, of which 500 square feet must be flat (slope no greater than ten (10) percent). For each additional horse beyond one, an additional 500 square feet of flat land shall be provided. (iii) Number of horses that requires a conditional use permit. (a) If the property is two (2) acres or less, four (4) horses may be kept without needing a conditional use permit. _ (b) If the property is between two (2) and five (5) acres, six (6) horses may be kept without needing a conditional use permit. (c) If the property is more than five (5) acres, ten (10) horses may be kept without needing a conditional use permit. Page 6 of 8 0 For the purposes of this section, a mare and a foal (up to eight (8) months of age kept together) shall count as one horse. Approval of a conditional use permit is required to exceed the above limitations. (4) Operational standards. The standards set forth in this subsection are intended to provide for the free circulation of air and maximum exposure to sunlight for the purpose of providing sanitation within non-commercial equestrian facilities within the City. (A) Manure storage and disposal. Manure storage and disposal shall be by one or more of the following methods: (i) Manure shall be removed from the premises every day, unless it is kept in a covered bin or box made of sound metal, brick stone, concrete, or wood lined with fly -tight materials or buried in the ground and covered with earth or other materials sufficient to prevent the attraction or breeding of flies or other insects. (ii) Manure shall not be permitted to remain in any bin or box for a period longer than seven (7) days. (iii) Automatic fly misters shall be installed and used where manure is stored. (iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a County landfill shall be permitted. (v) Additional methods for manure disposal shall be approved by the Planning Director. (B) Rodent control. Rodent control shall be diligently practiced, and the entire premises shall be kept in an orderly and sanitary condition to prevent possible rodent infestation. The following guidelines and criteria shall be considered in reviewing plans and operations: (i) All dry grains shall be stored in rodent -proof metal containers, and hay shall be stored in a covered structure on a cement slab or on a raised wood platform which maintains a minimum ' clearance of six (6) inches above the ground. (ii) Any tack equipment, device, substance, or material shall be stored on racks or shelves at least twelve (12) inches above the floor surface. Tack room floors shall maintain a minimum clearance of four (4) inches above the ground. (C) Water management. Special attention shall be given to water systems because accumulations of manure, bedding, and/or feed with water are ideal for fly production. For the effective reduction of such fly -production sources, the following standards are to be maintained: (i) A non -leak valve for all troughs, bowls, cups, and other water sources shall be provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs or cups. (iii) In paddocks and corrals, the earth surface shall be properly graded to suit the master drainage plan so that rainwater and overflows from water troughs do not form ponds. Property shall maintain all drainage devices consistent with NPDES permits. (iv) Back -siphoning devices shall be installed to protect the public water supply. An approved pressure vacuum breaker is required on the water line serving the paddocks. The vacuum breaker shall be at least twelve (12) inches above the highest point of the water usage, or an approved double-check valve may be acceptable. Back -siphoning devices shall not be required for automatic water cups. (D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control ' near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitoes. Page 7 of 8 0 (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (§ 2, Ord. 869) Page 8 of 8 0 EXHIBIT C Sec. 9-2.303. Administrative approvals. (a) Authority of the Planning Director. The Planning Director has been granted authority of administrative approval in accordance with Chapter 3 Zoning Districts and Standards of this title, subject to specific findings and procedures. The Planning Director may also refer more sensitive projects identified under this section to the Design Review Committee for recommendation prior to final approval. Therefore, the following items are hereby delegated to the Planning Director for review and approval: (1) Amateur radio antenna permits in compliance with the provisions of Section 9-3.507 Antennas; (2) Awnings in all non-residential districts where the awning is structurally attached to the principal permitted structure in compliance with Section 9-3.501 Accessory Uses and Structures; (3) Building additions not to exceed ten (10) percent of the gross floor area of the existing building with a maximum of 1,000 square feet. This application shall be allowed one time only for each building. A finding of consistency with the existing building architectural style, materials, colors, and other provisions of the Municipal Code is made; (4) Color changes, windows, and door relocation and/or additions which are compatible with the existing building architectural style and the City's adopted Architectural Design Guidelines; (5) Equestrian shows and exhibits as permitted in compliance with the provisions under ' Section 9-3.515 Equestrian Standards; (6) Exterior lighting as permitted in individual districts in compliance with the provisions of Section 9-3.529 Lighting Standards; (7) Fences exceeding six (6) feet in height in compliance with the provisions of Section 9- 3.517 Fences, Walls, and Hedges; (8) Home business permit applications which comply with the provisions of Section 9-3.523 Home Business; (9) Modifications which are minor in nature to approved tentative tract or parcel maps; (10) Outdoor dining. Where that portion of the area used for outdoor dining is considered in calculating the parking requirements in accordance with Section 9-3.535 Parking and a finding is made that all parking provisions of the Municipal Code are satisfied; (11) Outdoor display of merchandise and product display for an existing building which complies with the provisions under Section 9-3.549 Storage and Display; (12) Outdoor storage as permitted in individual districts in compliance with the provisions under Section 9-3.549 Storage and Display; (13) Roof eaves and gables on accessory structures in excess of twelve (12) inches, measured from the vertical side of the unit, in compliance with Section 9-3.501 Accessory Uses and Structures, (14) Sign permit applications in compliance with the provisions of Section 9-3.543 Signs; and (15) Special activity permit applications in compliance with the provisions of Section 9-3.547 Special Activities. (16)Minor horse density increases in compliance with the provisions of Section 9-3.515 Equestrian Standards (commercial and noncommercial stables) Page 1 of 2 0 (b) Application completeness. The Planning Director shall prescribe the type and form of information required to process an administrative approval. Once an application is received by the Department of Planning Services, the application will be reviewed for completeness. If the Department of Planning Services finds the application to be complete, then the application will be processed according to the procedure described in subsection (c) Process. If the application is found to be incomplete, the Department of Planning Services will notify the applicant in writing within thirty (30) days what additional information is required, and the application will not be processed until that information is received by the Department of Planning Services. (c) Process. Within five (5) working days of receipt of a complete application form and all supporting information, the Planning Director shall approve, deny, or approve subject to modifications or refer the project to the Planning Commission for review and action. (d) Time limit for implementation. An approved application will be valid for one year and shall not be extended. (e) Appeals. Decisions of the Planning Director regarding administrative approvals may be appealed to the City Council in accordance with Section 9-2.311 Appeals. (§ 2, Ord. 869) Page 2 of 2 0