Res P-02-50
RESOLUTION NO. P- 02-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 01-003
ASSESSOR'S PARCEL NUMBER 317-473-12
WHEREAS, Minor Conditional Use Permit (MCUP) 01-003 was submitted by
Dixieline Lumber & Home Improvement, Applicant, to allow for a permanent outdoor
display area in the front of the store located at 13345 Poway Road in the Town Center (TC)
zone; and
WHEREAS, on June 19, 2001 the City Council approved Ordinance No. 540 which
set guidelines and permit processes for outdoor display of merchandise in the City's
commercial zones; and
WHEREAS, on August 20, 2002, 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 Conditional Use Permit 01-003 is exempt from the
provisions of the California Environmental Quality Act (CEQA), as a Class 1 Categorical
Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project is an
outdoor display area that involves negligible expansion of the existing area used.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for MCUP 01-003 to allow for a permanent outdoor display area in the front of the
store located at 13345 Poway Road in the Town Center TC zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
outdoor display area are in accord with the title and purpose of Chapter 17.48 ofthe
Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the
Town Center zone, the City General Plan, and the development policies and
standards of the City in that the outdoor display area has been designed and sited
such that it will not result in visual impacts to the surrounding community.
B. The location, size, design, and operating characteristics of the proposed outdoor
display area 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 outdoor display area has been designed and located within the existing
overhang of the existing retail store, and as such it will not result in visual impacts to
the surrounding community.
C. The proposed outdoor display area is in harmony with the scale, bulk, coverage,
and density of, and is consistent with, adjacent uses.
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Resolution No. P- 02-50
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed outdoor display area of the existing retail use.
E. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the proposed outdoor display area is an accessory use to the existing
Dixieline Lumber & Home Improvement business.
F. The site is suitable for the type and intensity of use or development which is
proposed in that the proposed outdoor display area will enhance the exterior of the
existing store, it provides additional drive-by business for the retailer, and is a
permitted use under Chapter 17.10.190 of the Poway Municipal Code.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed outdoor display area is located on a developed
property and does not involve the removal of natural habitat resources.
H. That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed outdoor display area will not be materially injurious
to properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
visual impacts and will comply with Building and Fire existing requirements.
I. The proposed outdoor display area will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the display area has been
designed and located such that it will not result in visual impacts, and it will comply
with existing requirements and with outdoor display standards for high-quality,
attractive, commercial development.
Section 3: The City Council hereby approves MCUP 01-003 to allow for a permanent
outdoor display area in the front of the store located at 13345 Poway Road in the Town
Center TC zone, as shown on the plans dated July 11, 2002, as revised per the following:
A. Approval of this MCUP 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. 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 Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to not interfere with the reasonable use and enjoyment of surrounding
uses.
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Resolution No. p- 02-50
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D. The conditions of MCUP 01-003 shall remain in effect until the subject outdoor
display area is removed.
E. MCUP 01-003 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.
F. The applicant shall provide and maintain the following improvements to the
satisfaction of the Director of Development Services until such time as the outdoor
display area is removed, the following shall apply:
1. Outdoor display areas shall be established and maintained in accordance
with the approved site plan on file. A minimum 4-foot aisle width adjacent to
the building must be maintained.
2. The outdoor display areas shall be striped with a yellow stripe, 3 inches wide,
on the pavement so that the allowed outdoor display areas and pedestrian
walkways are maintained as approved with this MCUP and to the satisfaction
of the Director of Development Services.
3. No runoff from irrigation and fertilizing of display plants shall be discharged
into the parking lot pursuant to NPDES requirements.
4. The outdoor display area shall not impede vehicular sight distance and
driveway access.
5. The outdoor display area shall not obstruct any landscape areas, parking
spaces, or interfere with any official notice or public safety signs or devices.
6. Display merchandise and products shall be limited to those normally
associated with the primary retail user, and the display of junk is prohibited.
Items such as green and flowering plants, propane tanks for exchange,
sheds, planters, seasonal items and the tree cross-section may be displayed.
7. All display areas and related enclosure shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
8. Display areas shall be kept clean and orderly and shall maintain an attractive
appearance. No item shall be displayed in a manner that is unsightly or
creates any other conditions that are detrimental to the appearance of the
premises or any surrounding property; or in any other manner that is
detrimental to the public health, safety or welfare or causes a public
nuisance.
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Resolution No. P- 02-50
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9. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
10. No permanent outdoor storage or racks are permitted on the west and south
side of the building. Only the approved fenced storage areas on the west
side of the building are permitted for outdoor storage.
11. No materials are to be stored above the height of the fence for the approved
enclosed outdoor storage area on the west side of the building.
12. Within 30 days of the date of this approval, the applicant shall re-stripe the
required 20-foot minimum clearance Fire Lane per Fire Department location
requirements.
13. Daily outdoor staging areas are limited to the areas directly behind Dixieline's
building. The staging or delivery areas must not block the driveways or the
required 20-foot Fire Lane.
14. Approval of this request shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the
time of approval.
Section 4: The owner of the outdoor display merchandise shall remove all ofthe materials,
equipment, and associated structures, approved pursuant to this permit within 60 days of
ceasing operation of the permanent outdoor display area or the retail use.
Section 5: The approval of MCUP 01-003 shall expire on February 20,2003 unless, prior
to that date, the use is established in conformance with the conditions of this permit.
Section 6: The outdoor display permit shall automatically terminate for any violations to the
terms of the permit and Section 17,10.190 of the Poway Municipal Code if a Notice of
Violation has been issued and the applicant fails to comply with said notice. In the event
the permit is terminated due to a violation, the applicant may not reapply for an outdoor
display permit anywhere in the City for a one-year period following the date of compliance
pursuant to the Notice of Violation.
Section 7: This outdoor display permit shall terminate upon the change of occupancy or
failure to renew a business certificate without written notice required.
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Resolution No. P-02-50
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
Stat, of C,"fom',. !hI, 201h d" of A"g"~ ~OO2. .~~
~ Emery, Deputy ~
ATTEST:
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Lori Anne Peoples, City Clerk
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STATE OF CALIFORNIA )
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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-02-50 , was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of August 2002, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, REXFORD '"
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Lori f-nne Peoples, City Clerk
City bf Poway
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