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Res P-03-63 RESOLUTION NO. P-03-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 89-10M(4) AND MINOR DEVELOPMENT REVIEW APPLICATION 03-67 TO CONSTRUCT AN ADDITION TO THE TRAIN BARN WITHIN THE OLD POWAY PARK APN: 314-202-16 THROUGH 30. WHEREAS, on August 22, 1989, the City Council approved Specific Plan 89-06 and Conditional Use Permit 89-10 that established the configuration of the Old Poway Park as well as the development and land use standards for the park located on a 4.75-acre site located within the 14000-block of Midland Road, pursuant to Resolution No. P-89-90; and WHEREAS, on July 14, 1992, the City Council approved a modification to Conditional Use Permit 89-1 OM to expand the Hamburger Factory restaurant within the Old Poway Park, pursuant to Resolution NQ P-92-32; and WHEREAS, on February 22, 1994, the City Council approved a second modification to Conditional Use Permit 89-10M(2) to add a blacksmith shop within the Old Poway Park, pursuant to Resolution No. P-94-13; and WHEREAS, on February 16, 1999, the City Council approved a third modification to Conditional Use Permit 89-10M(3) to add a train turn table and various train barn related facilities within the Old Poway Park, pursuant to Resolution No. P-99-15; and WHEREAS, an application for a fourth modification to Conditional Use Permit 89- 10M(4) and a Minor Development Review Application 03-67 were submitted by the City of Poway, applicant and owner, to construct an approximately 2,146-square-foot attached addition to the existing 2,500-square-foot train barn at the southwest corner of Midland Road and Aubrey Street within the Old Poway Park. The property is located within the Open Space Recreation (OS-R) Zone and the Old Poway Park Specific Plan area, and WHEREAS, on October 14, 2003, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council finds that this project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32, pursuant to Section 15332 of the CEQA Guidelines, because the project is an in-fill project involving the construction an addition to an existing train barn located on a property surrounded by urban uses. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for the modification to Conditional Use Permit 89-10M(4) to add an approximately Resolution No. P-03-63 Page 2 2,146-square-foot attached addition to the existing 2,500-square~foot train barn located at 14134 Midland Road within the Old Poway Park within the Open Space Recreation (OS-R) zone and the Old Poway Park Specific Plan (SP 89-06) area, are made as follows: A. The location, size, design, and operating characteristics of the train barn addition are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the OS-R zone, the Old Poway Park Specific Plan, and the City General Plan. B. The location, size, design, and operation characteristics of the train barn addition will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structure, or natural resources in that the addition will be located adjacent to the existing train barn away from neighboring residential uses. C. The proposed train barn addition is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that its design is consistent and complimentary to the existing train barn and surrounding buildings. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed train barn. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the train barn addition will have an identical design to the existing train barn. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the project consists of an expansion of an existing train barn to allow more space to maintain existing trains. G. The site is suitable for the type and intensity of the proposed use and development in that the proposed train barn addition is located within an existing park that has the capacity for a larger train barn. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed train barn addition is located on a previously graded area, and does not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed train barn addition that that cannot be mitigated. J. The potential impacts, and the proposed location, size, design, and operating characteristics of the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that Resolution No. P-03-63 Page 3 the train barn addition has been designed and sited to comply with the Poway Zoning Code, Old Poway Park Specific Plan, and the General Plan. K. The proposed train barn addition will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for Minor Development Review Application 03-67 to add an approximately 2,146-square- foot attached addition to the existing 2,500-square-foot train barn located at 14134 Midland Road within the Old Poway Park within the Open Space Recreation (OS-R) zone and the Old Poway Park Specific Plan (SP 89-06) area, are made as follows: A. The proposed project is an expansion of an existing train barn to allow more space to maintain existing trains, which will not adversely affect the existing parking of the Old Poway Park. The proposed addition will be built on a previously disturbed area. The proposed addition will incorporate design elements consistent with the Old Poway Park Specific Plan. Therefore, the project respects the interdependence of land values and aesthetics to the benefit of the City. B. The train barn addition will incorporate board and batten in earth tone colors consistent with the existing train barn. The design is consistent with the existing building and with the guidelines of the Old Poway Park Specific Plan and the architecture of the surrounding development. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City, along with associated facilities, such as, but not limited to, signs, ~andscaping, parking areas, and streets. C. Public facilities, services, and utilities are available. The proposed addition will not affect parking availability because the intent of the addition is to accommodate current needs for sufficient workspace to maintain existing trains and coaches. The train equipment will be limited in width to ensure that safety clearances established by the Public Utilities Commission for trains are provided between the train barn building and the train tracks. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. D. The train barn addition is designed to minimize visual impacts by being situated away from Midland Road. The design, colors, and material are consistent with and compliment the existing building and surrounding historic park development. The proposed development respects the public concerns for the aesthetics of developments. E. The proposed project will meet the required design regulations, and will otherwise comply with all of the relevant codes and standards of the City of Poway, including, but not limited to, the Old Poway Specific Plan. Therefore, the proposal does not Resolution No. P-03-63 Page 4 have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. F. The proposed project will comply with all of the provisions of the Zoning Ordinance, the Old Poway Park Specific Plan, and the General Plan. Section 4: The City Council hereby approves CUP 89-10M(4) and MDRA 03-67 to add an approximately 2,146-square-foot attached addition to the existing 2,500-square-foot train barn located at 14134 Midland Road within the Old Poway Park within the Open Space Recreation (OS-R) zone and the Old Poway Specific Plan area, as shown on the plans dated July 10, 2003, subject to the following conditions: A. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. B. 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. C. The conditions of CUP 89-10M(4) and MDRA 03-67 shall remain in effect for the life of the subject train barn, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. D. CUP 89-10M(4), and any revision thereto, may 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 been raised during the prior year. E. Conditions of approval listed in Resolutions No. P~89-90 approving CUP 89-10, No. P-92-32 approving CUP 89-10(M), No. P-94-13 approving 89-10M(2), No. P-99-15 approving 89-10M(3) shall remain in effect on the property. F. The new barn addition must comply with the Public Utilities Commission General Order 26-D, Section 9, "Overhead and Side Clearances", Subparagraph 9.2, which states: "Minimum side clearances of railroad and street railroad tracks which are not used or proposed to be used for transpoding freight cars shall be thirty (30) inches from the side of the widest equipment operated, except for poles supporting trolley contact conductors between main line double track such distance may be decreased to twenty-four (24) inches". G. Operations of equipment on the railroad track cannot exceed the envelope of the current Trolley Car as shown in Exhibit A titled: "Trolley Car Critical Static Envelope". Engines or rolling stock that exceed 4 feet, 1 inch in width as measured from centerline of the track to the widest point of the equipment are not allowed to operate on the Poway Midland Rail Road. Resolution No. P- 03-63 Page 5 H. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The building plans shall be in accordance with the approved plans on file in the Development Services Department for CUP 89-10M(4) and MDRA 03-67, along with the conditions contained herein. I. 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. Section 5: The approval of C U P 89-10M(4) and MDRA 03-67 shall expire on October 14, 2005, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 14th day of October, 2003. ATTEST: Micha~H/P. Caf{~._~ayor L~ri ~nne Peoples, City Clerk I- Resolution No. P-03-63 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. 03-63 , was duly adopted by the City Council at a meeting of said City Council held on the 14th day of October 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE L"~i ,~,~ne Peoples, City C~rl~ City of Poway Resolution No. P-03-63 Page 7 Trolley Car Critical Static Envelope Center Line Of Tracks Not to Scale, Not to be used as an Engineering Drawing Schematic Only  Trolley Car 3" 1" Steps PUC Safety Clearance 6' 7" Critical Design Dimension to Any Structure. Exhibit A