Res P-04-08
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RESOLUTION NO. P-04-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-08
TO ALLOW A SEATAINER TO BE USED FOR STORAGE AT 15462 MARKAR ROAD
ASSESSOR'S PARCEL NUMBER 278-180-72
WHEREAS, Minor Conditional Use Permit (MCUP) 03-08 was submitted by Jan
Kremer, Applicant, to allow a seatainer to be used as storage for hay, grain, and farm
equipment. The subject property is located at 15462 Markar Road, within the Rural
Residential B2 (RR-B2) zone, and;
WHEREAS, the proposed seatainer storage unit consists of one 40-foot-long by 10-
foot-wide by 10-foot tall container, and;
WHEREAS, on January 27, 2004, 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, BE IT RESOLVED by the City Council ofthe City of Poway, as
follows:
Section 1: The 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 the installation of a seatainer as a storage unit for an
existing single-family residence and involves negligible expansion of use beyond that
existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 03-08 for a 400 square foot seatainer storage unit on property located at
15462 Markar Road in the Rural Residential B2 zone, are made as follows:
A. The proposed location, size, design, and characteristics of the proposed seatainer
storage unit are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, and
the development policies and standards of the City in that the seatainer has been
designed, sited and screened such that it will not result in visual impacts to the
surrounding neighborhood.
B. The location, size, design, and characteristics ofthe proposed seatainer storage unit
will be compatible with and will not adversely affect or be materially detrimental to
-- adjacent uses, residents, buildings, structures, or natural resources in that the
facility has been designed, sited and screened such that it will not result in visual
impacts to the surrounding neighborhood.
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Page 2
C. The proposed seatainer storage unit is in harmony with the scale, bulk, coverage
and density of, and is consistent with, adjacent uses in that the proposed storage
unit functions as ancillary equipment to the existing residence.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed seatainer storage unit on an existing developed
residential lot.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed seatainer storage unit has been designed and
sited such that it will not result in a visual impact to the surrounding community.
F. The seatainer storage unit will not generate traffic because it is an accessory use to
an existing residential use, thus it will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan.
G. The site is suitable for the type and intensity of use or development, which is
"- proposed in that the proposed seatainer storage unit allows the homeowners a cost
effective and secure storage unit.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed seatainer storage unit is located on a developed
property and does not involve the removal of natural habitat resources.
I. That the potential impacts, and the proposed location, size, and design of the
proposed seatainer storage unit 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.
J. The proposed seatainer storage unit will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the facility has been designed
and sited such that it will not result in visual impacts.
Section 3: The City Council hereby approves MCUP 03-08 to allow a seatainer storage
unit, 40-foot-long by 10-foot-wide by 1 O-foot-tall, at 15462 Markar Road, as shown on the
plans dated October 17, 2003, subject to the following conditions:
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.
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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 interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of MCUP 03-08 shall remain in effect for the life of the subject
seatainer storage unit, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Upon establishment of the seatainer storage unit, pursuant to MCUP 03-08, the
following shall apply:
1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated October 17, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
.-- 2. All facilities and related equipment 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. The
areas around the seatainer shall be kept clean and orderly, and shall
maintain an attractive appearance.
3. The owner of the property shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this permit.
4. All screening around the seatainer shall be maintained.
Section 4: The approval of MCUP 03-08 shall expire on January 27,2006, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use has commenced prior to its expiration.
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 27th day of January 2004.
ATTEST:
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-04- 08 , was duly adopted by
the City Council at a meeting of said City Council held on the 27th day of January 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~~ n4k>
or Anne Peoples, City C rk
City of Poway
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