Res P-18-28RESOLUTION NO. P-18-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 18-005 AND DEVELOPMENT REVIEW 17-005
ASSESSOR'S PARCEL NUMBER 317-490-02
WHEREAS,_an_application for_Conditional_Use_P_ermit_(CUP)_18-005_ and_ Development--
Review
evelopment _Review (DR) 17-005 was submitted by Sean Meehan, Applicant / Wishnack Family Trust 06-18-
08, Owner, to construct a 1,200 square -foot addition and remodel to an existing, legal non-
conforming animal emergency medical clinic, and modify the existing parking lot at 12775 Poway
Road located within the Planned Community (PC) zone and the Commercial Office (CO) district
of the Poway Road Specific Plan (PRSP);
WHEREAS, on November 7, 2018, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
revisions to the project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(2)
of the CEQA Guidelines, in that the project involves the addition to an existing structure that is
less than 10,000 square feet and is an area that is not environmentally sensitive, and all public
services and facilities are available for the project.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) (Findings required for a conditional use permit), for CUP 18-005 are made as follows:
A. The location, size, design and operating characteristics of the proposed expanded use
and development are in accord with the title and purpose of PMC Chapter 17.48
(Conditional Use Permits Regulations), the PRSP, the General Plan, and the development
policies and standards of the City in that veterinary services are permitted in the CO district
of the PRSP with the approval of a CUP and a veterinary clinic is a service that would
benefit the nearby residential neighborhoods and surrounding communities.
B. The location, size, design, and operating characteristics of the proposed expanded use
and development will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, people, buildings, structures, or natural resources in that
there is adequate vehicular access and on-site parking to serve the proposed use and the
project site is surrounded by compatible commercial development and is in the vicinity of
nearby residential neighborhoods with appropriate setbacks.
C. The proposed expanded use and development is in harmony with the scale, bulk,
coverage, and density of, and is consistent with the surrounding commercial development,
in that the project has been designed to comply with all the development standards of the
Zone, including setbacks, building height and lot coverage.
Resolution No. P-18-28
Page 2
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed expanded use and development.
E. There will not be a harmful effect upon desirable neighborhood characteristics in that the
architectural style of the veterinary clinic building and landscaping are consistent with the
PRSP design standards and in character with surrounding development.
-FThe-generation-of-traffie-from-the-proposed-expansion-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 in that the project is
an expansion of an existing veterinary clinic located on the corner of two major streets and
the project has been designed to provide adequate on-site parking for the proposed use.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the project is the expansion of an existing veterinary clinic on a site that
has been previously developed and contains no remaining natural habitat.
There are no relevant negative impacts of the proposed expanded use and development
that cannot be mitigated.
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 expanded use and
development 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
PMC Title 17.
Section 3: The findings for DR 17-005, in accordance with Section 17.52.010 of the
PMC (Purpose of Development Review), are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding commercial development and will include an extensive area of landscaping
along the street and a major intersection. Therefore, the project respects and recognizes
the interdependence of land values and aesthetics to the benefit of the City.
The project has been designed to minimize impacts on surrounding development in that
the building has been designed to be consistent with the PRSP design standards and the
exterior materials and colors of the building will be compatible with the surrounding
commercial development. Most of the existing landscaping will be retained and trees that
are necessary to be removed will be replaced on site. Therefore, the proposed
development respects the public concerns for the aesthetics of development and
encourages the orderly and harmonious appearance of structures and property within the
City.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed project will modify the relocation of the
Resolution No. P-18-28
Page 3
existing driveway on Poway Road further west from the Poway Road and Carriage Road
intersection and adequate infrastructure exists in the area to serve the site.
D. The project has been designed to be consistent with development in the surrounding area
in that the project has been designed to comply with the required design standards of the
PRSP and the exterior materials and colors of the building will blend visually and be
compatible with the surrounding commercial development. Therefore, the proposed
development-respects-the-public—concerns-for-the-aesthetics-of development.
E. The project will not have an adverse effect on the aesthetics, health and safety, or an
architecturally related impact upon adjoining properties, in that the project has been
designed to be consistent with the design standards of the PRSP and the exterior
materials and colors of the building blend visually and be compatible with the surrounding
commercial development.
The design of the proposed development is consistent with all elements of the Poway
General Plan and the PRSP, as well as the project conforms with the applicable provisions
of the PMC Zoning Ordinance (Title 17).
G. The project complies with all of the provisions of the Zoning Ordinance and the general
plan.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for DR 17-005 are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all necessary
facilities will be available to serve this project.
In accordance with the Poway General Plan, the project requires the payment
of development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
Section 5: The City Council hereby approves CUP 18-005 and DR 17-005 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.
Resolution No. P-18-28
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B. Approval of this CUP 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-forthe-C-ity-to-prepare the -Covenant, the-applicant-mustfirsrsabmit-a
legal description of the subject site.
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 conditions of CUP 18-005 shall remain in effect for the life of the subject use and shall
run with the land and be binding upon future owners, successors, heirs, and transferees
of the current property owner.
F. CUP 18-005 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to address
unresolved operational concerns that may have been raised during the prior year.
G. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the
applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric codes, and all
other applicable codes and ordinances in effect at the time of Building Permit issuance.
2. The site shall be developed substantially in accordance with the approved plans on
file in the Development Services Department and the conditions contained herein to
the satisfaction of the Director of Development Services.
(Engineering)
3. All spoil materials from footings and foundations shall be legally disposed of off-site or
if the material is to remain on-site, the material shall be placed per the requirements
of the City grading ordinance.
4. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the building plan site
plan and be appropriately sized for the proposed level of development.
5. A minimum cash security for erosion control is required.
6. The applicant shall pay the storm water pollution inspection (commercial/industrial) fee
according to the latest adopted master fee schedule.
The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City standard
form available from the City's project engineer. The applicant's action plan that
identifies measures to be implemented during construction to address erosion,
sediment and pollution control will be discussed. Compliance for sediment control
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Page 5
shall be provided as directed by the project inspector.
8. Erosion control shall be installed and maintained by the developer from October 1 to
April 30 annually. The developer shall maintain all erosion control devices
throughout their intended life.
9. Prior to start of any work within a City -held easement or right-of-way, a Right -of -Way
Permitshall-be-obtained-fro"e-EngineeringA)-Msion of thevelopmentService
Department. All appropriate fees shall be paid prior to permit issuance.
10. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
11. The applicant shall contact the Poway Unified School District (858) 679-2570 to verify
if school impact fees are required. If required, the fees shall be paid at the rate
established at the time of Building Permit issuance.
12. All architectural details shown on the approved CUP/DR plans shall also be shown on
the building plan check submittal. Any major modifications to the building or site
design details on the approved CUP/DR plans will require a DR revision and City
Council approval.
13. The building plans shall include elevations and cross sections that show all roof
appurtenances, including air conditioning, architecturally integrated, screened from
view, and sound buffered from adjacent properties and streets, to the satisfaction of
the Director of Development Services.
14. The colors on the building shall be consistent with the approved colors on file in the
Planning Division.
15. Clearly show on the site plan of the building plans a trash enclosure of an adequate
dimension to accommodate both trash and recycled materials containers. The trash
enclosure shall be constructed of decorative block and provide solid gates to the
satisfaction of the Director of Development Services.
16. A Tree Removal Permit shall be obtained Prior to removal of any trees, and tree
replacements shall be provided in compliance with PMC Chapter 12.32.
Prior to removal of trees during the recognized nesting season for raptors, a qualified
professional shall evaluate the subject trees for nests and report the findings in writing
to the City. Should a nest be located, removal of the tree shall be delayed until the
nest(s) have been abandoned.
17. The plan shall show and note all required parking. Parking shall be provided in
accordance with the Off-street Parking standards of the PMC. The site plan shall note
that all parking spaces will be double striped. The parking lot design shall comply with
the Americans with Disabilities Act for accessible spaces, with one van accessible
space.
Resolution No. P-18-28
Page 6
18. Landscape and irrigation plans shall be submitted and approved. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation Design Manual, PMC Chapter 17.41, the PRSP, and all other applicable
standards and ordinances in effect at the time of landscape and irrigation plan
submittal. This includes, but is not limited to, the submittal of an irrigation audit report
pursuant to Section 17.41.110 of the PMC, prior to final inspections and issuance of a
Certificate of Occupancy. The landscape and irrigation plan submittal is separate from
other project plan check submittals and is made to t! ie Planning Divisioi i. Landscape
and irrigation plan review fees are required and are the responsibility of the applicant.
To the satisfaction of the Director of Development Services, the landscape plans shall
also provide the following:
a. Irrigation, plant sizes and species for the landscape areas.
b. A minimum of one 15 -gallon tree, per City specifications, shall be provided for
every three parking spaces. Said tree shall be so located to provide shade cover
for the vehicles where practical.
c. The landscape plans shall show all tree replacements required by the Tree
Removal Permit.
d. The plans shall include shrubs to provide screening of the parking lot and trash
enclosure as seen from Poway Road and Carriage Road.
e. All existing landscaping on site shall be shown and the irrigation plan shall
demonstrate that the existing landscaping will be irrigated.
19. Proposed signage shall be in accordance with the PMC Sign Ordinance (Chapter
17.40). The necessary permits and approvals shall be obtained for any signage
proposed prior to installation.
20. The following requirements shall be completed to the satisfaction of the Director of
Safety Services (Fire Marshall):
a. The Building shall display the approved numbers and/or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast with
their background and a size between 18 -inches (minimum) and 24 -inches
(maximum). Each building address shall also be displayed on the roof in a
manner satisfactory to the Director of Safety Services, and meeting Sheriff
Department-ASTREA criteria.
b. A 2A1 OBC fire extinguisher(s) are required for office areas every 3,000 square
feet and 75 feet of travel distance.
c. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
d. Rack storage in excess of eight -feet in height requires a building department
permit for installation.
H. Prior to issuance of the Certificate of Occupancy:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the project
shall be installed underground. No extension of overhead utilities shall be permitted.
Resolution No. P-18-28
Page 7
2. The applicant shall repair, to the satisfaction of the City Engineer, all damages to public
improvements caused by construction activity from this project.
(Planning)
3. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from appropriate City departments will be required.
Upon establishment of the proposed use, pursuant to CUP 18-005, the following shall
apply:
All landscaping on-site and within the adjacent public right-of-way shall be adequately
irrigated, and permanently and fully maintained by the owner at all times in accordance
with the requirements of the City of Poway Landscape and Irrigation Design Manual.
The trees shall be encouraged and allowed to retain a natural form. Trees should be
trimmed or pruned as needed to develop strong and healthy trunk and branch systems.
Tree maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be
topped, and pruning shall not remove more than 25 percent of the trees' leaf surface.
2. The parking areas, driveways and landscape areas shall be well maintained. Any
damage from any cause shall be repaired as soon as reasonably possible to minimize
occurrences of dangerous conditions or visual blight.
3. 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.
4. All lighting fixtures shall be maintained such that they reflect light downward, away
from any road or street, and away from any adjoining residential development.
Section 6: The approval of CUP 18-005 and DR 17-005 shall expire on November 7,
2020, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction
on the property in reliance on the CUP approval has commenced prior to its expiration.
Section 7: 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 7th day of November 2018.
Steve Vaus, Mayor
Resolution No. P-18-28
Page 8
ATTEST:
Nana eu. el , CMC, City Clerk
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-18-28 was duly adopted by the City Council
at a meeting held on the 7th day of November 2018 and that it was so adopted by the following
vote:
AYES: LEONARD, FRANK, GROSCH, MULLIN, FRANK
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
1,149, �1.911114
N nc ufe d, CIVIC, City Clerk
City of Poway