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Res P-00-47RESOLUTION NO. P-00-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 97-02M ASSESSOR'S PARCEL NUMBERS 317-271-13 & 18 WHEREAS, Conditional Use Permit 97-02M was submitted by Xcellsis Fuel Cells for the purpose of requesting permission to continue the use of four (4) modular office buildings through September 30, 2000, on the properties known as Lots 13 and 18 of Tech Business Center, at the north 1 f Dearborn Place, in the South Poway Planned Community; and WHEREAS, on June 20, 2000, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Conditional Use Permit 97-02M will not result in a significant adverse impact upon th : and is hereby found to be Categorically Exempt, Class 3, as it is a group of small ~n 2: The finding ~ance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 97-02M approving the continued use of the modular offices through September 30, 2000, are made as follows: The project' : with the General Plan and the South Poway Specific Plan because the buildings are used for engineering offices, which ' l with the IP land use designation in the South Poway Planned Community. The location, size, design, and operating ch of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or natural as the project is located on a pre- graded lot with parking and access provided from the adjoining Xcellsis R&D building. The harmony in scale, bulk, coverage, and density' with adjacent uses on a temporary basis, and with benefit of required temporary landscaping and skirting. Th 31e public facilities, services, and utilities because the use will be located in a development where all necessary f :ly in place, Resolution No. P-00-47 Page 2 E= There will not be a harmful effect upon desirable neighborhood ch the modular buildings ara located at the end of a cul-de-sac, where the majority of surrounding uses are related to the Xcellsis operation. The g ~ traffic will not adversely impact the surrounding :l/or the City's Transportation Element as the use will be transferred to a permanent facility within the next four months. Th ' ;I parking :liateiy adjacent to the modular complex for use by its workers. G. Th ale for the type and intensity of the use in that it' 'ljoining a major arterial roadway and installed within an existing graded pad. There will be no significant harmful effects Ul: ~' quality and natural the facility will not create any new development on the property. I. There are no otb mitigated. negative impacts of the development that cannot be Conditional Use Permit 97-02M, consisting of the use of four (4) modular office buildings located on Lots 13 and 18 of Tech Business Center at the north terminus of Dearborn Place, as shown on the plan dated June 20, 2000, is hereby approved for the time period ending September 30, 2000, subject to the following conditions: Within 30 days of approval (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 on Real Property. The use conditionally granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of th :ling o Landscaping in the form of 36" boxed si; ,:]reen trees and woody shrubs shall be placed, but not planted, eight (8) feet :l the I; : the temporary office complex and shall be waterad with a temporary Iow flow irrigation system. Plant 3ail be kept in a healthy and thriving condition. 4= Skirting shall be installed around the perimeter of the modular units and the walkway edges so as to screen the undercarriage of the units and the elevated walk. Resolution No. P- 00-47 Page 3 Designated paved parking areas shall be marked and -1 for the use of the office workers on the immediately adjoining parking areas to the south, including required disabled parking spaces. The four temporary modular office buildings shall be removed from the site and the site restored to its former condition no later than September 30, 2000. The Director of Development Services may approve an additional 30-day period where delays h .1. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a reg ~] this 20th day of June, 2000. ATTEST: Michael P. Cafagn~_,~ Anne Peoples, City Clerk Resolution No. P-00-47 Page 4 STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 00-47 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of June, 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE nne Peoples, City Clerk City of Poway