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Item 3.2 - CUP 17-014; A Proposal to Establish Outdoor Storage at 13610 Stowe Drive1 _ ) City of Poway FSM TM���,i COUNCIL AGENDA REPORT APPROVED i APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO.i"1 -"I 1 DATE: October 3, 2017 TO: Honorable Mayor and Members of the City Council ,�,j FROM: Robert Manis, Director of Development Services! CONTACT: Jason Martin, Senior Planner` r (858) 668-4658 / imartinP-poway.org SUBJECT: Conditional Use Permit 17-014; a proposal to establish outdoor storage at 13610 Stowe Drive Summary: Conditional Use Permit (CUP) 17-014 is a proposal to establish outdoor storage as an accessory activity for a new moving and storage business that will occupy a new building which will soon begin construction in the Light Industrial (LI) area of the Poway Business Park. The new business is permitted by right at this location, however, the outdoor storage requires approval of the CUP by City Council. Recommended Action: It is recommended that the City Council approve CUP 17-014, subject to the conditions of approval in the Resolution included as Attachment A. Discussion: A real estate representative for the new business is the applicant on this proposed CUP, and the owner of the site is Poway Stowe Properties LLC. The site is located at 13610 Stowe Drive and is in the LI area of the South Poway Specific Plan (SPSP). The site location and zoning map is included as Attachment B. The site is currently vacant; however, construction is expected to begin in the coming weeks pursuant to the approval of Development Review (DR) 16-013. The development will consist of an approximate 61,000 square -foot warehouse and distribution building, parking and circulation areas, and miscellaneous site improvements. The new business intending to occupy the new building is a moving and storage business that needs a certain amount of outdoor area to store shipping containers. In 2014 the SPSP, which is the regulatory document for Poway Business Park, was amended to create provisions to conduct limited outdoor storage associated with industrial uses, subject to certain criteria and with staff approval. The SPSP also includes a provision that allows an individual to request City Council approval of a CUP for outdoor storage that does not meet the specified criteria. In this case the applicant is proposing outdoor storage that would not be screened by a wall or fence. 1 of 10 October 3, 2017, Item # �•.2 CUP 17-014 October 3, 2017 Page 2 The site plan showing how the site will be developed, and the area for proposed outdoor storage, is included as Attachment C. An elevation of the east facing building wall with an outline showing the area for proposed outdoor storage is included as Attachment D. The proposed outdoor storage area would not occur within required parking spaces, would not obstruct emergency vehicle access or other vehicle circulation, and would not be stacked higher than 22 feet, which is more than 15 feet lower than the building height. The outdoor storage area is situated towards the rear (northeast area) of the site and will consist primarily of stacked shipping containers. There are existing trees along the southerly site frontage as well as on the adjacent site. The topographic change and the construction of the new building between the storage area and the street will minimize visibility from Stowe Drive. The site also has street frontage on Crosthwaite Circle, however, there is no street access due to significant topographical difference between the pad elevation and the street. The storage area will not be readily visible from Crosthwaite Circle because of the grade differences. It is also important to note the two sites across the street to the north of the subject site are designated for outdoor storage. One site is occupied by a shipping container storage business and the other is the City's Public Works storage yard and the site of the Fire Department's fire training tower. The storage will be partially visible to the site immediately to the east. The visibility will be partly obscured by existing vegetation and the visibility would be from the rear of the buildings where loading docks are situated and where truck parking occurs. Based on these circumstances, the outdoor storage would not create a significant visual impact. Environmental Review: The proposed project is covered by the certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988, for the South Poway Specific Plan (SPSP), therefore, additional environmental review for this project is not required. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Exterior Elevation 2 of 10 October 3, 2017, Item #,$.2 CUP 17-014 October 3, 2017 Page 3 Reviewed/Approved By: Reviewed By: Approved By: .W4 L � Wend aserman Morgan Foley Tina M. White Assistant City Manager City Attorney City Manager 3 of 10 October 3, 2017, Item # RESOLUTION NO. P -17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 17-014 ASSESSOR'S PARCEL NUMBER 317-280-68 WHEREAS, an application has been submitted, on behalf of Coleman World Group, requesting approval of a Conditional Use Permit (CUP) to establish an outdoor storage area at 13610 Stowe Drive, in the Light Industrial (LI) area of the Poway Business Park; and WHEREAS, on October 3, 2017, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that the proposed project is covered by the certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988, for the South Poway Specific Plan (SPSP), therefore, additional environmental review for this project is not required. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for CUP 17-014, are 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 outdoor storage is allowed in the LI zone with a CUP and the storage has been situated on the site to minimize its visibility. 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 outdoor storage has been situated to minimize its visibility. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the surrounding development, in that the outdoor storage has been situated so that it does not obstruct required on-site parking or emergency vehicle access. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. 4 of 10 ATTACHMENT A October 3, 2017, Item # S..Z, Resolution No. P -17 - Page 2 E. There will not be a harmful effect upon desirable neighborhood characteristics in that the outdoor storage has been situated to minimize its visibility. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that this use will not generate more traffic than that associated with a typical industrial use. G. The site is suitable for the type and intensity of use and development, in that the project site will be developed with industrial building and establishment of the outdoor storage will not generate more traffic than that is associated with typical industrial uses. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is currently fully developed and contains no natural habitat. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That 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. That the proposed conditional use will comply with each of the applicable provisions of this title. Section 3: The City Council hereby approves CUP 17-014 to establish outdoor storage on the site located at 13610 Stowe Drive, as shown on approved plans on file at the City, subject to the following conditions: A. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain 5 of 10 October 3, 2017, Item # 3 Resolution No. P -17 - Page 3 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. C. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood, and a deed covenant with these conditions of approval shall be recorded on the property. D. 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. E. The terms and conditions of CUP 17-014 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts. F. CUP 17-014 shall be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have occurred during the past year. G. The site shall be kept in an orderly and well-maintained condition at all times. Section 4: The approval of CUP 17-014 shall expire on October 3, 2019, at 5:00 p.m. unless, prior to that time, establishment of the use on the property in reliance on this CUP approval has commenced prior to its expiration. Section 5: 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. 6 of 10 October 3, 2017, Item # 3-J, Resolution No. P -17 - Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 3rd day of October 2017. Steve Vaus, Mayor ATTEST: Nancy Neufeld, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-17- was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of October 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Nancy Neufeld, City Clerk City of Poway 7 of 10 October 3, 2017, Item # 3-a N -(f-- 0 250 500 Subject Location: 13610 Stowe Drive 1,000 T Feet nEl ❑❑ CITY OF POWAY Zoning / Location Map Item: CUP17-014 -C 8 of 10 ATTACHMENT B October 3, 2017, Item # 3.2 VJ'AVM0d'3N}lo 3MO1S OL9ft r ! s 9 a �jj sai Jad0Jd 9MOIS-AEMOd �- 7 ��1 < • & Imin fila .f :b0d7Niaiin8M3NV +W A Q HISzo fit illa 's fill 11 WIN If fill, I Ifill if w IN 111111, �maNIFM!- ee ,.♦ r .}e <•u Wi1�Y �'C�C � 111111 III rt• ,.- Fe 'CC reee a e eE:�: !!�� i.e ae e e aer peO. 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