Res P-17-19RESOLUTION NO. P-17-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 17-014 ASSESSOR'S PARCEL NUMBER
317-280-68
WHEREAS, an application has been submitted, on behalf of Coleman World
Group, requesting approval of a Conditional Use Permit (CUP) to establish an outdoor
storage area at 13610 Stowe Drive, in the Light Industrial (LI) area of the Poway Business
Park; and
WHEREAS, on October 3, 2017, 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 City Council finds that the proposed project is covered by the
certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final
Subsequent EIR dated July 26, 1988, for the South Poway Specific Plan (SPSP),
therefore, additional environmental review for this project is not required.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for CUP 17-014, 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
Permits Regulations), the General Plan, and the development policies and
standards of the City in that outdoor storage is allowed in the LI zone with a CUP
and the storage has been situated on the site to minimize its visibility.
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, people, buildings, structures, or natural resources in that the
outdoor storage has been situated to minimize its visibility.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the outdoor storage
has been situated so that it does not obstruct required on-site parking or
emergency vehicle access.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
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E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the outdoor storage has been situated to minimize its visibility.
F. 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 this use will not generate more traffic than that associated with a typical
industrial use.
G. The site is suitable for the type and intensity of use and development, in that the
project site will be developed with industrial building and establishment of the
outdoor storage will not generate more traffic than that is associated with typical
industrial uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural
habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained, will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan.
K. That the proposed conditional use will comply with each of the applicable
provisions of this title.
Section 3: The City Council hereby approves CUP 17-014 to establish outdoor
storage on the site located at 13610 Stowe Drive, as shown on approved plans on file at
the City, subject to the following conditions:
A. Approval of this CUP 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,
Resolution No. P-17-19
Page 3
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. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood, and a deed covenant
with these conditions of approval shall be recorded on the property.
D. 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.
E: The terms and conditions of CUP 17-014 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.
F. CUP 17-014 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.
G. The site shall be kept in an orderly and well-maintained condition at all times.
Section 4: The approval of CUP 17-014 shall expire on October 3, 2019, at 5:00
p.m. unless, prior to that time, establishment of the use on the property in reliance on this
CUP 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,
California, at a regular meeting this 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
aN 'n 9;y" Neuf Id, CMC, City Clerk
Resolution No. P-17-19
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-19 was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of October 2017,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
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NahcyNeufeld, City Clerk
City of Poway