Item 7 - MCUP 19-005; Request to Keep Two Existing Seatainers and Add a Third for North Park Produce 12342September 1, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT September 1, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services f.M Oda Audish, Associate Planner C,:J,..'q 858-668-4661 or oaudish@poway.org City of Poway CITY COUNCIL Minor Conditional Use Permit 19-005: a request to keep two existing seatainers and add a third seatainer for the North Park Produce market located at 12342 Poway Road This action is a Minor Conditional Use Permit (MCUP) request to keep the existing two metal storage containers (seatainers) and add a third seatainer to address immediate storage needs behind North Park Produce market located at 12342 Poway Road within the Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP) area. North Park Produce will be pursuing a permanent solution for its storage needs if and when it receives an extension of its lease in early 2023. There is no proposal to modify the operations of their current facility as part of this application. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The business subject to this request is the North Park Produce market with a restaurant and bakery located at 12342 Poway Road. The market is part of the approximately eight-acre Poway Plaza shopping center that is located at the northwest corner of Poway Road and Pomerado Road within the Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP) area. The project applicant is Merlone Geier Management, LLC, property management company for Business Properties Partnership No. 16 who owns the Poway Plaza center. The center borders commercial development to the east, south and west and residential development to the north. A location map is included as Attachment B. North Park Produce is requesting approval to keep two existing seatainers that are located within its delivery area behind the restaurant/bakery portion of their lease space. It is also requesting a third seatainer to be placed adjacent to the other seatainers to better accommodate storage needs. The 1 of 14
September 1, 2020, Item #7three seatainers measure a total of 576 square feet. The site plan and building elevations are included as Attachments C and D. The business has outgrown its storage area contained within the building which has resulted in staging and storage occurring within the parking lot as well as problems with trash accumulating outside designated disposal areas. At times, these issues have become a nuisance to the surrounding area and resulted in stormwater issues. Over the years in response to having received complaints and conducted storm water inspections, staff has been working with North Park Produce to find a solution to the lack of sufficient storage and waste disposal. In April 2015, staff approved Minor Development Review Application (MORA) 14-015 for a 2,500-square-foot addition that would provide for additional storage and an indoor trash/recycling area. The addition would have been located within the existing outdoor delivery area behind the store. However, in 2017, North Park Produce abandoned the construction of the addition when it learned that its lease, which expires in early 2023, might not be renewed. While North Park Produce considered its options, staff approved a Temporary Use Permit (TUP) 18-047 in March 2019. This was to allow for the installation of two seatainers at the site to address the immediate storage needs. Per City policy, seatainers are allowed on a site for up to 90 days with the approval of a TUP. The applicant subsequently applied for the MCUP to allow the two seatainers to remain until it would be known if the lease would be renewed. During the review of the MCUP it became evident that the two seatainers were not sufficient to accommodate the storage needs which resulted in prolonged outdoor staging of delivered goods in addition to trash and litter issues. To address these concerns, the application has been modified to add a third seatainer. The application also includes the construction of a trash enclosure that will accommodate both regular, recycled, and food waste. The MCUP requirement for a seatainer is to provide an alternative to traditional storage buildings while ensuring that the placement and appearance of the seatainer is appropriate given the surrounding neighborhood. The seatainers are placed towards the rear of the shopping center behind their building and therefore not visible from surrounding streets or the parking lot. The seatainers are minimally visible from the homes to the north because of intervening landscaping and the homes are located about 30 feet higher in elevation compared to the Poway Plaza center. All seatainers are required to be painted off-white to match the exterior of the building. Although the seatainers will not be highly visible and no recent complaints have been received from neighbors, staff believes that it is appropriate to set a time limit on the use of seatainers considering their proximity to neighboring homes and in support of high-quality commercial development. The lack of storage for North Park Produce is not a seasonal concern as is often experienced by other retail businesses. It's been a continuous issue for years as is evident with their initial plans to construct a 2,500 square-foot addition to address their needs. Deliveries made to the seatainers will result in more outdoor noise-generating activities as opposed to deliveries made directly into a building where forklifts and other motorized equipment receive the merchandise and can maneuver indoors. In cooperation with the applicant and owner of North Park Produce, the Resolution (Attachment A) includes a condition of approval requiring all of the seatainers to be removed three years from the date of the MCUP approval which is approximately six months after the lease has expired. By that time North Park Produce will know if they will remain at this location and they can address a permanent solution to their storage needs. 2 of 14
September 1, 2020, Item #7Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 4 Categorical Exemptions, Section 15304(e) of the CEQA Guidelines, in that the project involves the addition of temporary structures within an existing paved area that will not have permanent effects on the environment. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on August 20, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A Resolution approving MCUP 19-005 B. Zoning and Location Map C. Proposed Site Plan D. Proposed Building Elevations Reviewed/ Approved By: Assistant City Manager 3 of 14 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
September 1, 2020, Item #7RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) 19-005 FOR THREE SEATAINERS BEHIND NORTH PARK PRODUCE AT 12342 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317-153-21-00 WHEREAS, on April 17, 2015, Minor Development Review Application (MORA) 14-015 was approved by the Development Services Director for a 2,500 square-foot storage area and covered trash/recycling area attached to the existing North Park Produce market located at 12342 Poway Road, in the Commercial General (CC) land use district of the Poway Road Specific Plan. The addition was not constructed because the existing lease may not be renewed with the new property owner; WHEREAS, on March 27, 2019 the City of Poway approved Temporary Use Permit (TUP) 18-047 to allow the installation of two metal storage containers (seatainers) behind the North Park Produce market for up to 90 days to provide needed storage in addition to the capacity provided within the building. The seatainers are still at the site because North Park Produce continues to need additional storage; WHEREAS, on August 22, 2019, Merlone Geier Management, LLC requested approval of Minor Conditional Use Permit (MCUP) 19-005 to allow North Park Produce to keep the two existing seatainers and install a third seatainer until a permanent solution to the storage needs can be feasibly provided; WHEREAS, on Sep 1, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 4 Categorical Exemptions, Section 15304(e) of the CEQA Guidelines, in that the project involves the addition of temporary structures within an existing paved area that will not have permanent effects on the environment. SECTION 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 19-005 to allow the keeping of a seatainer, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the seatainers are permitted with the approval of an MCUP, and they will be painted to match the color of the adjacent buildings and have been sited in the rear of the property and will 4 of 14 ATTACHMENT A
September 1, 2020, Item #7Resolution No. 20-Page 2 otherwise comply with all of the relevant codes and standards of the City of Poway. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the seatainers are placed in the rear of the property and will be screened from view from neighboring residential properties by existing landscaping and from the public right-of-way by existing landscaping. C. The seatainers' color will visually blend in with the existing commercial development and the use of the area where the seatainers would be located will not change other than more goods can be promptly placed within a storage facility as they are delivered. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. The storage container has been sited to comply with the General Plan and PMC standards, and its color is compatible with surrounding development. Conditions of approval are required of the seatainer use which are intended to minimize the potential for negative impacts on the adjacent residential neighborhood. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The keeping of the seatainer will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed in that the seatainer would be kept on a large commercial property adjacent to a residential neighborhood where the keeping of storage structures that do not match the architecture of the main residence are common. H. There will not be significant harmful effects upon environmental quality and natural resources in that the seatainer would be kept in an area that is currently paved. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A seatainer is an allowable accessory use in the Poway Road Specific Plan zone with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed 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 improvements in the vicinity, nor be contrary to the adopted General Plan. K. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance). SECTION 4: The City Council hereby approves MCUP 19-005 as shown on the approved plans stamped "Exhibit A" and dated September 1, 2020 on file in the Development Services Department, except as noted herein and subject to the following conditions: 5 of 14
September 1, 2020, Item #7Resolution No. 20-Page 3 A The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM 19-004 and MDRA 18-014) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped as "Exhibit A" and dated September 1, 2020 on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and operational noise levels. D. The two existing unpermitted seatainers shall be removed by December 1, 2020 unless prior that date a building permit for the seatainers and the trash enclosure has been obtained. The trash enclosure shall be installed by February 1, 2021. E. All seatainers shall be removed from the site no later than September 1, 2023, unless prior to that date a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. F. The conditions for the project shall remain in effect for the life of the subject property, shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. Prior to issuance of any permit: (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 Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. H. Prior to building permit issuance and continued use of the seatainers, unless other timing is indicated, the following conditions shall be complied with: 6 of 14
September 1, 2020, Item #77 of 14 (Building) Resolution No. 20-Page 4 1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. (Engineering) 2. All spoil materials from footings and foundations shall be legally disposed of off. site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 3. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 4. Applicant shall pay a minimum cash security deposit for erosion control. 5. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 6. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 8. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 9. Concrete paving shall be provided in front of the trash enclosure to the satisfaction of the City Engineer to prevent paving from breaking up from use of sanitation vehicles. (Planning) 10. 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 issuance. 11. The building plans shall show the seatainers to match the color of the building. 12. Trash receptacles shall be enclosed by a six-foot-high masonry wall, with view-obstructing gates, and shall provide an area for recyclable materials. The trash
September 1, 2020, Item #7Resolution No. 20-Page 5 enclosure shall be architecturally compatible with the buildings. The enclosure should be large enough to fit a four-yard trash bin, a four-yard recycled bin and organics carts. Trash receptacles shall be covered. I. Compliance with the following conditions is required prior to building permit final and release of securities: 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 3. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. J. Upon establishment of use, the following conditions shall apply: 8 of 14 1. MCUP 19-005 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. 2. This MCUP authorizes the use of seatainers for storage purposes only. No other uses or occupancy, such as an office or other alternate use, would be allowed, unless permissible under the PMC and approved by a permit. 3. Seatainers being utilized for storage and approved under this MCUP application may not be structurally modified or altered unless approved by the City; no shade covers or utility connections are allowed unless in conformance with applicable building codes, the PMC, and/or an approved permit. 4. The applicant shall maintain the exterior areas in a clean and sanitary condition, free of litter, trash, food waste, and debris. 5. No exterior storage of materials, items, or stock may occur on the premises. 6. Usage of trash enclosures shall be limited to the keeping and storage of EDCO waste containers only, and may not be utilized for storage of other materials or items. No waste containers may be kept outside trash enclosures. 7. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. 8. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
September 1, 2020, Item #7Resolution No. 20-Page 6 9. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this approval. 10. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 11. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. 12. Upon termination, expiration or revocation of this MCUP, the identified seatainers shall be removed under an issued demolition building permit with a "pass" result for all necessary inspections, to be completed no less than thirty (30) days from the MCUP end date. K. The following conditions shall be complied with to the satisfaction of the Fire Chief: 1. Fire apparatus access roadway around the parking lot and rear alley shall have 20 feet of unobstructed width with a minimum of 13 feet 6 inches of vertical clearance maintained adjacent to the project. Fire Lanes shall remain clear at all times, including the parking of vehicles. SECTION 5: The approval of MCUP 19-005 will expire on September 1, 2023 at 5:00 p. m., except if prior to that time, appropriate conditions of approval herein have not been complied with. SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 9 of 14
September 1, 2020, Item #7Resolution No. 20-Page 7 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 1st day of September, 2020 by the following vote, to wit AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 10 of 14
September 1, 2020, Item #7N $ 0 87.5 175 --350 Feet ---11 of 14 RS-4 CITY OF POWAY Zoning I Location Map Item: MCUP 19-005 ATTACHMENT B RR-A
September 1, 2020, Item #7Two Existing r ~ .. ' ' ;] , And One Propo ~ Seatainer ' 12 of 14 NewTras E closure ~ 11 ff 11 DUlJ.i l I ~ ~ I I I 1·111111 ~L .ii SITE PLAN ATTACHMENT C
September 1, 2020, Item #7• • ' ' i I . • .. I New Trash • j Enclosure • l 1-v-·v-v-f '' 11 11 'I I I 11 '' ;i~, • mmmm ~ • ,, ... it· '1 i ~ ' i : or ark Produce ,, 11 PROPOSED STORAGE CONTAINERS & TRASH ENCLOSURE.§j 13 of 14 l
September 1, 2020, Item #7New Trash Enclosure 14 of 14 SOUTH ELEVATION O NEW WORK THIS ELEVATIO Proposed Seatalner WEST ELEVATION ........ NORTH ELEVATION ATTACHMENT D 1"4f'" New Trash Enclosure Proposed Seatainers e