Res P-00-96RESOLUTION NO. P- 00-96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-23
ASSESSOR'S PARCEL NUMBER 317-271-15
WHEREAS, Conditional Use Permit 00-23 was submitted by Bill Holsapple, Red
Spot Paint & Varnish Co., Applicant, to allow the establishment of a new product
division for the company with a sports coating tint adjustment lab, finished goods
storage and distribution (2,000 to 3,000 gallons of paint in existing liquid storage rooms)
within an existing 7,503-square-foot building on a 0.52-acre parcel at 12150 Dearborn
Place within the Industrial Park (IP) land use designation of the South Poway Specific
Plan; and
WHEREAS, on December 12, 2000, the City Council held a duly advertised
public hearing to solicit from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Conditional Use Permit 00-23 is hereby found to be categorically exempt
from the California E Quality Act pursuant to Section 15301 (Class 1)
because the project 3ancy of an existing building that was designed for
storage of limited amounts of hazardous substances.
The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 00-23 to allow a company with a sports
coating tint adjustment lab, finished goods storage and distribution of paint as a use per
the South Poway Specific Plan Development Standards requires a Conditional Use
Permit under the category of warehousing or distribution of hazardous
materials/chemicals, fuels, warehoused and distributed as packaged when received, at
12150 Dearborn Place within the Industrial Park (IP) land use designation, are made as
follows:
At
The project' I with the General Plan as it designates this site for
Industrial Park uses, including a use that ;le of limited quantities of
hazardous substances, in the South Poway Planned Community (PC) zone with
the approval of a Conditional Use Permit. The facility is typical of other
Industrial Park and Light Industrial uses. Therefore, the proposed location, size,
design and operating ch ~ the proposed use are in accord with the
title and purpose of this title, the purpose of the ~ich the site is located,
the City's General Plan, and the development policies and standards of the City.
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Resolution No. P- 00-96
Page 2
The location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or natural the building is
designed to store limited I hazar¢ The facility will not
3acts.
The harmony in scale, bulk, coverage, and density' l with adjacent
uses because the 7,500-square-foot building was built and designed per the
South Poway Development Standards.
Th 31e public facilities, services, and utilities because the use will
be located in a development where all necessary facilir -ly in place.
There will not be a harmful effect upon desirable neighborhood characteristics
as th :hin a business park and far away from residences.
The g ~ traffic will not adversely impact the surrounding streets and/or
the City's Transportation Element as the use will operate with small amounts of
traffic.
Th
1
· 31e for the type and intensity of the use in that it'
rterial roadway and installed within an existing business park.
There will be no significant harmful effects Ul: quality and
natural the facility will not create any new development on the
property.
There are no otb
mitigated.
: negative impacts of the development that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch f the proposed use and the conditions under which it
would be operated :1 will not be detrimental to the public health,
safety or welfare, ly injurious to properties or improvements in the
vicinity nor be contrary to the adopted General Plan and the South Poway
Specific Plan.
K. The proposed conditional use will comply with each of the applicable
-- p ' ' f Poway Municipal Code Sec. 17.48.070.
Resolution No. P- 00-96
Page 3
Section 3: The City Council hereby approves CUP 00-23 to allow a company with a
sports coating tint adjustment lab, finished goods storage and distribution of paint as a
use per the South Poway Specific Plan Development Standards requires a Conditional
Use Permit under the category of warehousing or distribution of hazardous
~emicals, fuels, warehoused and distributed as packaged when received, at
12150 Dearborn Place within the Industrial Park (IP) land use designation, as shown on
the plans dated September 13, 2000, subject to the following conditions.
Approval of this CUP request shall not 31lance with all f the
Zoning Ord :1 all other applicable City ordinances in effect at the time of
building permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood; and, (2)
the applicant shall execute a Covenant on Real Property.
C. A Building Permit shall be obtained prior to establishment of the use.
D. Prior 1
following:
Building Permit, the applicant shall comply with the
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
ail other applicable codes and ord' : at the time of building
permit issuance.
Adhere to th :lations and requirements as outlined in the
Technical Report Hazardous Materials Operations Code Requirements &
Conditions as prepared and dated June 30, 2000, by Erickson-Rattan
Inc., as determined by the Director of Safety Services.
Additional fire protection shall be required as determined by the Director
of Safety Services if the amount of paint and varnish stored within the
building '
Prior to obtaining a Final Inspection on the permits, the applicant shall comply
with the following:
The project shall conform to the Building Permit pi ~ance with
the approved floor plan on file in the Development Services Department
and the conditions contained herein.
Resolution No. P- 00-96
Page 4
2. The project shall conform to all of the req : the Director of
Safety Services.
Upon establishment of the sports coating facility pursuant to CUP 00-23, the
following shall apply:
All facilities and related equipment, including lighting, shields, cabinets,
and poles, shall be maintained in good repair, free from trash, debris, litter
and graffiti and other forms of vandalism. Any damage from any cause
shall be repaired 31y possible so as 1 ' '
: dang :Iii' blight.
Th 3erator of the facility shall routinely and regularly inspect
the business t 31iance with the standards set forth in this
permit. They shall comply with the Building and Fire Codes as
determined by the Director of Development $ :I the Director of
Safety Services.
All landscaped areas shall I; :I in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed I form. Pruning shall be
restricted I the health of the trees and to protect the public
safety. Unnatural pruning, including topping, is not
permitted.
The use of the subject property for the purpose of a sports coating
business shall run with the land so long as the applicant complies with the
terms of this permit.
o
This Conditional Use Permit may be subject to annual review, as
determined by the Director of Development Services, for compliance
with the conditions of approval and to add that may have
occurred during the prior year.
4'
p.m. unless,
the property
The approval of CUP 00-23 shall expire on December 12, 2002, at 5:00
prior to that time, a Building Permit has been issued and
in the CUP approval h ,1 prior to its expiration.
Resolution No. P- 00-96
Page 5
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, this 12th day of December 2000.
Michael P. Cafagr~ ~or
ATTEST:
Lori Anne Peoples, City Clerk
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- 00-96 was duly adopted by
the City Council at a meeting of said City Council held on the 12th day of December
2000, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NONE
NONE
NONE
Lori Anne Peoples, City Clerl~
City of Poway