Res P-04-49 RESOLUTION NO. P-04-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-08
ASSESSOR'S PARCEL NUMBER 314-710-37
WHEREAS, Minor Conditional Use Permit (MCUP) 04-08 was submitted by Regency
Centers, LP, Applicant, to allow the installation of a removable j/cling center
on the north side of Albertsons, along th developed property located at
14837 Pomerado Road in the General C (GC) zone, and;
WHEREAS, the proposed ./cling :one 21-foot-long by
8-foot-wide by 9-foot-tall removabl and;
WHEREAS, on July 20, 2004, the City Council held a duly advertised public hearing to
solicit from the public, both pro and con, 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 E Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that project proposes negligibl )ansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 04-08 to install a removable recycling center on property
located at 14837 Pomerado Road in the General C zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
j/cling J 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 facility 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 ch :the proposed
recycling center will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, si lural
that the facility has been designed and sited such that it will not result in visual
impacts to the surrounding community and it will comply with California Department of
Conservation Division of Recycling operational standards. The facility has only one
employee, and many people rec~ lh a visit to the supermarket, so
the recycling center will not create traffic impacts.
C. The proposed recycling center is in harmony with the scale, bulk,
coverage, and density of, and ' l with, adjacent uses in that the proposed
facility functions as if it lary equipment to the existing building.
Resolution No. P-04-49
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D. There are adequate public facilil' ~1 util 31e at the subject site
to serve the proposed recycling center.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed recycling center has been designed
and sited such that it will not result in a visual impact to the surrounding community,
and the facility will comply with State of California Department of Conservation
operational standards.
F. The g ~traffic will not adversely impact the capacity and physical character
of the surrounding :~/or the Circulation Element of the General Plan in that
the proposed cycling center has only one employee and will have three
to f' ~ ' pick-ups per month, thereby generating minimal traffic. The recycling
public will add approximately 20-30 vehicles to th' area, and the streets
and site are developed to handle this additional ' traffic. Many of the
recyclers will also be patrons of the center thereby further reducing any potential
traffic impacts.
G. Th · 31e for the type and intensity of use or development which is proposed
in that the proposed ./cling center will enhance recycling opportunities
in the City. This will help the supermarket and the City meet the goal of the State to
recycle up to 80 percent of beverag
H. There will not be significant harmful effects Ul; quality and natural
that the proposed ./cling center is located on a developed
property and does not involve the removal of natural habitat
I. There are no relevant negative impacts associated with the proposed
recycling center that cannot be mitigated in that the facility will comply with State of
California Department of C operational standards and will not wash
drain.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed recycling center will not be materially
injurious to properties or imp 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.
K. The proposed recycling center will comply with all the applicable
p ' ' :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 and will comply State
of California Department of Conservation operational standards.
Section 3: The City Council hereby approves MCUP 04-08 to install a removable "micro-
site" recycling :ing of one 21-foot-long by 8-foot-wide by 9-foot-tall
Resolution No. P-04-49
Page 3
14837 Pomerado Road, as shown on the plans dated April 6, 2004, subject to the following
conditions:
A. Approval of this MCUP request shall apply only to the subject project and shall not
31iance with all ; the Zoning Ord' :1 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
to interfere with th 31e use and enjoyment of surrounding uses.
D. The conditions of MCUP 04-08 shall ~ect for the life of the subject "micro-
site" recycling center, and shall run with the land and be binding upon fut
heirs, and t ~ :the current property owner.
E. MCUP 04-08 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. Prior to the establishment of the use the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plan on file in the
Development Services Department (dated April 6, 2004) and the conditions
contained herein. A final inspection from the appropriate City Departments will
be required.
2. The parking lot shall be striped, to the sat :the Director, to show the
desired direction of :1 queuing for the recycling center.
G. Upon establishment of the removable recycling center, pursuant to
MCUP 04-08, the following shall apply:
1. All facilities and related equipment shall be ,1 in good repair. Any
damage from any cause shall be repaired 31y possible so
as to minimize of dangerous conditions or visual blight. The
areas around the recycling center shall be kept clean and orderly, and shall
maintain an attractive appearance.
2. Th 3erator of the facility shall routinely and regularly inspect the
site I 31iance with the standards set forth in this permit.
Resolution No. P-04-49
Page 4
3. Th :1 operator of the facility shall not allow the parking of patrons
using the recycling center to block any required parking spaces or fire lanes.
4. No runofff 3 shall be discharged into the parking lot or storm drains
p NPDES req
Section 4: Th :the /cling center shall remove all of the equipment
and associated approved pursuant to this permit within 60 days of ceasing
operation of the "micro-site" recycling center.
Section 5: The approval of MCUP 04-08 shall expire on July 20, 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 h :1 prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 20th day of July 2004.
Michael P. CaR a~yor
ATTEST:
Je~e~Bu nch~,' I n~terim~y Clerk
Resolution No. P-04-49
Page 5
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04-49, was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of July 2004, and that it was
so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
nch, Interim City Clerk
ay