Res P-16-09RESOLUTION NO. P -16 -09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 16 -001
ASSESSOR'S PARCEL NUMBER 320 - 200 -47
WHEREAS, John Odish has submitted a request for approval of a Minor Conditional
Use Permit (MCUP) to establish an approximate 1,400- square -foot medical office within an
existing multi- tenant building located within a shopping center located at the southwest
corner of Scripps Poway Parkway and Pomerado Road, in the South Poway Commercial
(SPC) Land Use Designation area of the South Poway Specific Plan (SPSP); and
WHEREAS, within the SPSP a MCUP may be approved for medical office uses in
the SPC area, acted upon by the City Council; and
WHEREAS, on April 5, 2016, 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 proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to
Section 15301 of the CEQA Guidelines, in that the project involves minor interior
alterations to an existing building, and establishment of a medical office which is allowable
with a MCUP by the underlying land use designation for the site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for MCUP 16 -001 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 Permit
Regulations), the SPSP, the Poway General Plan, and the development policies
and standards of the City in that the subject use is allowed with a MCUP. The
facility will be conducted such that it will be compatible with the surrounding
development.
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, buildings, structures, or natural resources in that the site is zoned for
the use, the facility will be operated in compliance with City development standards.
C. The proposed use is in harmony with the scale, bulk, coverage and density of, and
is consistent with, adjacent uses in that adequate parking will be provided on -site.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
Resolution No. P -16 -09
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided on -site.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides adequate
vehicle circulation on -site.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is already developed and contains no natural habitat
resources.
Section 3: The City Council hereby approves MCUP 16 -001 to establish an approximate
1,400- square -foot medical office within an existing, multi- tenant building located at the
southwest corner of Scripps Poway Parkway and Pomerado Road, in the SPC Land Use
Designation area of the SPSP, subject to the following conditions:
A. Approval of this MCUP 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 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. 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.
D. The terms and conditions of this MCUP 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.
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E. This MCUP 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.
F. Building Permits may be required for new tenant improvements associated with the
facility. Contact the Building Division with questions.
G. Operation of the facility shall be conducted in compliance with the applicant's
submitted project description which is on file with the City. Minor amendments to
the facilities operations may be reviewed and approved by the Director of
Development Services. Major amendments, as deemed by the Director of
Development Services, shall require City Council review and approval.
H. Signs are subject to a separate Planning Division permitting process, and may
additionally require subsequent Building Permits. The applicant shall submit a
separate Sign Permit application for any signs.
Section 4: The approval of this MCUP shall expire on April 5, 2018, at 5:00 p.m. unless,
prior to that time, a Building Permit has been issued and /or establishment of the use on the
property in reliance on this 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 5th day of April 2016.
Steve Vaus, Mayor
ATTEST:
Linda K. Hascup, CMC, Interi City Clerk
Resolution No. P -16 -09
Page 4
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Linda K. Hascup, CIVIC, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -16 -09 was duly adopted by
the City Council at a meeting of said City Council held on the 5t" day of April 2016, and that
it was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Linda K. Has /cup, CIVIC Interim City Clerk
City of Poway