Res P-01-01RESOLUTION NO. P-01-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-02M
ASSESSOR'S PARCEL NUMBER 317-101-42
WHEREAS, MCUP 95-02M, submitted by Bonnie Manley, applicant, requests a
modification to a Minor Conditional Use Permit to allow the expansion of an existing beauty
school into an adjacent suite in the Lively Shopping Center in the Town Center zone at
13264 Poway Road; and
WHEREAS, on January 9, 2001, 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:
Section 1: The City Council finds that Minor Conditional Use Permit 95-02M is
Categorically Exempt from the provisions of the California E Iai Quality Act,
pursuant to Section 15303(c), Class 3 exemption, in that it' ~ange of use to an
existing building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for MCUP 95-02M to modify a Minor Conditional Use Permit to allow the expansion
of an existing beauty school into an adjacent suite in the Lively Shopping Center at 13264
Poway Road in the TC zone, are made as follows:
The design of the proposed project will meet the required type, height limit, and
operating hours; and it will otherwise comply with all of the relevant codes and
standards of the City of Poway. The proposed ' :lered to be an allowable
use in the TC zone, with the approval of a Minor Conditional Use Permit. Therefore,
the proposed location size, design and operating characteristics of the proposed
use are in accord with the title and purpose of Section 17.48.070 of the Poway
Municipal Code, the purpose of the zone in which the site is located, the City
General Plan, the Poway Road Specific Plan, and the development policies and
standards of the City.
The location and design of the proposed school expansion will not .~ative
visual impact -ling properties since it will not ~/exterior changes
to the building. Therefore, 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, residents, buildings, structures, or natural
Resolution No. P-01-01
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There will b ~anges to the building. Therefore, y in scale,
bulk, coverage and density of the project' l with adjacent uses.
D. There are public facilities,
:1 utilities available.
The proposed beauty school expansion will occurwith' "g shopping center
and will b ~lement of an existing use. Therefore, there will not be a harmful
effect upon desirable neighborhood ch
The project will not measurably increase traffic. Therefore, the generation of traffic
will not adversely impact the capacity and physical character of surrounding streets
and/or the circulal' I of the General Plan.
The project is located in a large shopping center (ch:its neighborhood),
which allows provides adequate parking and :ion. Therefore, the site
is suitable for the type and intensity of use or development that is proposed.
The project will not ~anding the limits of the existing :1 will not
involve hazardous materials or processes. Therefore, there will not be significant
harmful effects upon ~ quality and natural
I. There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The project will not' .¢ exterior changes to the building. The proposed use
is an allowable use in the TC zone. Therefore, the impacts, as described above,
and the proposed location, size, design and operating ch of the
proposed use and the conditions under which it would be operated ' '
will not be detrimental to the public health, safety or welfare, or materially injurious
to properties or imp the vicinity nor be contrary to the adopted General
Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: Pursuant to G l Code Section 66020, the public improvements for
MCUP 95-02M are to be made as follows:
The design and imp ~the proposed development l with ail
elements of the Poway General Plan, as well as City ordinances, because all
necessary :1 facilities will be available to serve this project. The payment
of fees toward public imp is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
Resolution No. P- 01-01
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The project requires payment of sewer and traffic mitigation fees, which are
assessed on a pro-rata basis to finance and provide public inf
imp to p ~ J healthy If or the residents of
the City.
Section 4: The City Council hereby approves MCUP 95-02M to expand an existing
8,169-square-foot beauty school into an adjacent 4,920-square-foot suite (formerly the San
Diego County Library) in the Lively Shopping Center at 13264 Poway Road in the TC zone,
as shown on the plans dated October 30, 2000, subject to the following conditions:
Approval of this MCUP request shall apply only to the subject project and shall not
31lance with all !the Zoning Ordinance and 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 property
owners shall execute a Covenant on Real Property.
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.
The conditions of MCUP 95-02M shall remain in effect for the life of the subject
private school and shall run with the land and be binding upon future owners,
heirs, and t ~ I the current property owner.
MCUP 95-02M 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 been raised during the prior year.
F. The conditions of MCUP 95-02 :1 in Resolution P-95-21 ' ' ~ect
and shall be complied with.
Prior to occupancy of th
th 3rovements. Prior t
comply with the following:
the applicant shall obtain a Building Permit for
! a Building Permit, the applicant shall
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
Resolution No. P- 01-01
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The site plan shall depict th ~ the two parking sp : to
the street in front of the Kragen Auto Parts store (13272 Poway Rd.) into
motorcycle parking spaces, to th ~the Director of Development
Services.
The 10-foot x 35-foot loading areas provided in the rear of the shopping
center on the site plan approved on September 29, 1992 (under CUP 92-04)
shall be depicted on the current site plan.
The following development fees shall be paid to the Development Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change:
Sewer
Based on 35 additional students:
(12 gal./student) x (35 students) - (1.0 EDU credit) x $2.356/EDU = $1,602.08
Based on 24 additional students during the day:
(1.5 trip/student) x (24 students) x ($66 per trip) x (0.25) = $594.00
5. The building plans shall be reviewed by the Department of Safety Services.
Prior to occupancy of the additional space, the applicant shall comply with the
following:
The shrubs adjacent to the easterly driveway shall be trimmed to improve
visibility, to the sal ~ the Director of Development Services.
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Upon establishment of th
the following conditions shall apply:
pon this Minor Conditional Use Permit,
The hours of operation of the beauty school shall be limited to:
Saturday, 8:30 a.m. to 5:00 p.m.
Monday, 5:00 p.m. to 10:00 p.m.
Tuesday through Friday, 8:30 a.m. to 10:00 p.m.
Any sign proposed for this expansion shall be designed and approved in
conf lh the Sign Ord' :ler a separate sign permit.
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The applicant shall encourage its students and employees to utilize the
parking spaces to the rear of the center to f ' ' parking in the
front of the center.
Section 4: The approval of MCUP 95-02M shall expire on January 9, 2003 at 5:00_p.m.
unless, prior to that time, a building permit has been issued and construction on the
property in the MCUP approval h :1 prior to its expiration.
Section 5: Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on January 9, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 9th day of January 2001.
ATTEST:
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Page 6
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-01-01 , was duly adopted by the
City Council at a meeting of said City Council held on the 9th day of January 2001, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City of Poway