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Item No. 3 PC: 9-16-93 UP-93-12 Page 3 STAFF ANALYSIS BACKGROUND: In the summer of 1991,the Community Development Department approved building plans for a barn with nine stalls and a tack room. That permit made no mention of the fact that the Planning Title did not permit the keeping of more than seven horses on that property. This facility has been converted to a commercial stable without obtaining appropriate permits and is under enforcement. POLICY CONSIDERATIONS: General Plan and Zoning: The General Plan designation and zone for this site is General Agriculture and AG-40. Commercial stables may be permitted in the AG-40 zone with an approved Use Permit. However, the animal standard of the Development Title limits the number of horses that may be permitted to one for the first acre and one horse for each additional 10,000 square feet. Therefore, for 1.9 acres, plus 18,000 square feet, 7 horses may be permitted (.9 X 43,560 = 39,204, + 18,000 = 57,204, 110,000 = 5.7, round off to 6, add 1 for the first acre). Section 1045.5 of the Development Title states: 'Except for movement on and off the property, animals shall not be kept or maintained in coops, pens, corrals, barns, or similar structures closer than 40 feet from the rear or side property line.' The 'riding area,' 'round corral,' and 'portable mare motel' shown on the site plan encroach into the required 40-foot setback. It is recommended that these features be moved or deleted on the Improvement Plan. Section 9-1510.5 of the Riparian Habitat chapter of the Development Title states: -Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one- hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater.' There is very little riparian habitat on this section of Bear Creek. However, because other sections of Bear Creek do have important riparian habitat, waterway protection is still important. It is recommended that open space be maintained within 100 feet from the mean high water level of the natural bank. The only feature likely to be affected by this requirement is the riding arena.