Res P-04-67
RESOLUTION NO. P-04-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-12
TO ALLOW ESTABLISHMENT OF A DENTAL OFFICE WITHIN
THE COMMERCIAL CENTER LOCATED AT 14057 STOWE DRIVE
ASSESSOR'S PARCEL NUMBER 323-092-91
WHEREAS, Conditional Use Permit (CUP) 04-12 was submitted by Stowe
Properties, LLC, Applicant, to allow the establishment of a dental office within the multi-
tenant commercial center located at 14057 Stowe Drive, in the South Poway Commercial
zone, and;
WHEREAS, on September 21,2004, 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 of the CityofPoway, 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 a new use in an existing building that involves no
expansion or intensification of use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 04-12, are made as follows:
A. The Conditional Use Permit is in accord with the title and purpose of Chapter 17.48
of the Poway Municipal Code (Conditional Use Permit Regulations), the General
Plan, and the development policies and standards of the City in that the shopping
center has adequate parking on-site to accommodate a dental office, given the
planned mix of commercial uses, and will not impact adjacent properties.
B. The use proposed under the Conditional Use Permit 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 shopping center has adequate
parking on-site to accommodate a dental office, given the planned mix of
commercial uses.
C. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use and the commercial center.
D. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the shopping center has adequate parking on-site to
Resolution No. P-04-67
Page 2
accommodate the dental office and the planned mix of commercial uses in the
shopping center.
E. The proposed use will not generate traffic beyond that which was envisioned with
build-out of the South Poway Business Park, thus it will not adversely impact the
capacity and physical character of the surrounding streets and/or the Circulation
Element of the General Plan.
F. There will not be significant harmful effects upon environmental quality and natural
resources in that the project is located on a developed property and does not involve
the removal of natural habitat resources.
Section 3: The City Council hereby approves CUP 04-12 to allow the establishment of a
dental office within the multi-tenant commercial center located at 14057 Stowe Drive, in the
South Poway Commercial zone, as shown on plans dated August 10,2004, subject to the
following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance, the South Poway Specific
Plan, and 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 owner shall execute 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 CUP 04-12 shall remain in effect for the life ofthe subject use, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. Any expansion of the use beyond that approved under this permit shall require
additional review and approval by the City and may require, as determined by the
Director of Development Services, an amendment to this Conditional Use Permit.
Section 4: The approval of CUP 04-12 shall expire on September 21, 2006, at
5:00 p.m. unless, prior to that time, the conditions above have been completed in reliance
on the CUP approval and the use has commenced prior to its expiration.
Resolution No. P- 04-67
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of September 2004.
ATTEST:
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- 04-67 , was duly adopted by the
City Council at a meeting of said City Council held on the 21 st day of September 2004, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT:
NONE
/ --~~
Je ne Bunch, Interim City Clerk
. of Poway