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Res P-18-05RESOLUTION NO. P-18-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 17-007 ASSESSOR’S PARCEL NUMBER 321-110-31 WHEREAS, Minor Conditional Use Permit (MCUP) 17-007 was submitted by Michael Firenze, Applicant, for a proposal to request to keep an existing seatainer on the property located at 15970 Misty Meadow Road in the Rural Residential A (RR-A) zone; and WHEREAS, on March 6, 2018, 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 project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303(e) of the CEQA Guidelines, which exempts the construction, conversion and location of small facilities and structures, including accessory structures on single-family residential properties. Section 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 17-007 to allow the keeping of a seatainer, are made 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 the container is permitted with the approval of a Minor Conditional Use Permit, and it will be tan in color and sited so that it blends in with existing buildings on the site and will otherwise comply with all of the relevant codes and standards of the City of Poway. 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 seatainer is placed near the center of the property away from neighboring residential properties. C. The size of the seatainer is similar to other detached non-habitable structures in a rural residential neighborhood. Therefore, the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. The storage container has been sited to comply with the General Plan and PMC standards, and its color is compatible with surrounding development. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The keeping of the seatainer will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. Resolution No. P-18-05 Page 2 G. The site is suitable for the type and intensity of use or development that is proposed in that the seatainer would be kept on a large property in a rural neighborhood where the keeping of storage structures that do not match the architecture of the main residence are common. H. There will not be significant harmful effects upon environmental quality and natural resources in that the seatainer would be kept in an area that currently does not contain native habitat and no expansion of the existing vegetation fire fuel management zone is required for the seatainer. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. A seatainer is an allowable accessory use in the RR-A zone with the approval of a Minor Conditional Use Permit. 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 minor conditional use will comply with each of the applicable provisions of this title, except for approved variances. Section 3: The City Council hereby approves MCUP 17-007, as shown on the approved plans on file with the City, subject to the following conditions: A. 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. B. 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. C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site.