Res P-04-68
RESOLUTION NO. P-04-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 02-03,
MINOR DEVELOPMENT REVIEW APPLICATION 04-102,
AND VARIANCE 04-09
ASSESSOR'S PARCEL NUMBER 323-060-52
WHEREAS, Minor Conditional Use Permit (MCUP) 02-03, Minor Development
Review Application (MDRA) 04-102, and Variance 04-09 were submitted by Anthony
Navarro, Applicant, to allow for a permanent outdoor display area in the front of Elston's
Hay and Grain store and a seatainer to be stored in the rear of the store. The property is
located at 14277 Garden Road, within the Commercial Neighborhood (CN) zone. The
applicant also requests a Variance approval to allow a proposed 396-square-foot hay
storage addition to encroach 5 feet into the required 25-foot side yard setback and
proposed security fencing in the storefront display area to be 6 feet when the maximum
height permitted within the street side yard setback is 4 feet; and
WHEREAS, on June 19, 2001, the City Council approved Ordinance No. 540 which
set guidelines and permit processes for outdoor display of merchandise in the City's
commercial zones; 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 ofthe City of Poway as
follows:
Section 1: The City Council finds that Minor Conditional Use Permit 02-03, Minor
Development Review Application 04-102 and Variance 04-09 are exempt from the
provisions of the California Environmental Quality Act (CEQA), as Class 1 and Class 5
Categorical Exemptions, pursuant to Sections 15301 and 15305 of the CEQA Guidelines,
in that the project is an outdoor display area that involves negligible expansion of use
beyond the existing facilities and will result in a minor alteration to land use limitations.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 02-03, to allow for a permanent outdoor display area in the front of the
store located at 14277 Garden Road, in the Commercial Neighborhood zone, and to allow
the storage of a seatainer in the rear yard, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
outdoor display area are in accord with the title and purpose of Chapter 17.48 of the
Poway Municipal Code (Conditional Use Permit Regulations) City Council
Ordinance 540, the General Plan, and the development policies and standards of
the City in that the outdoor display area and the seatainer placement has been
Resolution No. P-04-68
Page 2
designed and sited such that it will not result in negative visual impacts to the
surrounding community.
B. The location, size, design, and operating characteristics of the proposed outdoor
display area will be compatible with and will not adversely affect or be materially
detrimental to, adjacent uses, residents, buildings, structure, or natural resources in
that the outdoor display area and the seatainer have been designed and located
within the existing porch overhang of the existing retail store, and as such, it will not
result in negative visual impacts to the surrounding community.
C. The proposed outdoor display area and seatainer are in harmony with the scale,
bulk, coverage, and density of, and is consistent with, adjacent uses.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed outdoor display area and seatainer of the existing retail
use.
E. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the proposed outdoor display area and seatainer are accessory uses to
the existing Elston's Hay and Grain store.
F. The site is suitable for the type and intensity of use or development, which is
proposed in that the proposed seatainer has been sited to have minimal visual
impact and the outdoor display area will enhance the exterior of the existing store, it
provides additional drive-by business for the retailer, and is a permitted use under
Section 17.10.190 of the Poway Municipal Code.
G. There will be no significant harmful effects upon environmental quality and natural
resources in that the proposed outdoor display area and seatainer are located on a
developed property and does not involve the removal of natural habitat resources.
H. That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed outdoor display area and seatainer 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 and will comply with existing Building and Fire
requirements.
I. The proposed outdoor display area and seatainerwill comply with all the applicable
provisions of Chapter 17.48 of the Poway Municipal Code in that they have been
designed and located such that they will not result in visual impacts, and it will
comply with existing requirements and with outdoor display standards for high-
quality, attractive, commercial development.
Resolution No. P-04-68
Page 3
Section 3: The findings, in accordance with Section 17.50 of the Poway Municipal Code,
for Variance 04-09, to allow a proposed 396-square-foot hay storage addition to encroach
5 feet into the required 25-foot side yard setback and proposed security fencing in the
storefront display area to be 6 feet, when the maximum height permitted within the street
side yard setback is 4 feet, for property located at 14277 Garden Road, in the Commercial
Neighborhood zone, are made as follows:
A. That there are special circumstances applicable to the property and because of this
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact that the addition and the over-height
fencing is being added to portions of the existing building that are presently
encroaching into both the easterly and westerly side yard setbacks, and the addition
and fencing will not encroach any further than the existing building.
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity, and
not afforded to the property for which the Variance is sought, because other retail
commercial properties have opportunity to have secured outdoor display areas.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed improvements are sited on
private commercial property and will not be encroaching any further into the side
setbacks any closer than the existing building.
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
other commercial properties have opportunity to secure outdoor display
merchandise and request approval for seatainer storage.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the CN zone because other commercial businesses have the
opportunity to expand their building area and have outdoor display in accordance
with City standards.
F. That the project as approved is consistent with the City's General Plan in that the
outdoor display area and the security fencing for the outdoor display area have
been designed and located to be consistent with the architectural style of the
existing retail store.
Section 4: The City Council hereby approves MCUP 02-03, MDRA 04-102, and
Variance 04-09 to allow a permanent outdoor display area in the front of the Elston's Hay
and Grain store located at 14277 Garden Road, within the Commercial Neighborhood
zone, and seatainer storage in the rear as shown on the plans dated July 1,2004; to allow
a proposed 396-square-foot hay storage addition to encroach 5 feet into the required 25-
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Page 4
foot side yard setback; and proposed security fencing in the storefront outdoor display area
to be 6 feet, when the maximum height permitted within the street side yard setback is 4
feet.
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,
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.
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 02-03 shall remain in effect until the subject outdoor
display area and seatainer are removed.
E. MCUP 02-03 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. The over-height security fencing installed along the perimeter of the Claire Drive
and Garden Road frontages of the property shall be removed within 120 days of the
approval of this MCUP.
G. Upon approval of this MCUP, the applicant shall diligently pursue the establishment
of the permanent outdoor display and storage. If the Director of Development
Services determines that adequate progress is not being made in reliance on this
MCUP, DR and Variance, the matter may be scheduled for Public Hearing for
reconsideration.
H. The applicant shall provide and maintain the following improvements to the
satisfaction of the Director of Development Services, until such time as the outdoor
display area is removed:
1. The outdoor display area shall be established and maintained in accordance
with the approved site plan, dated July 1, 2004, on file. A minimum 4-foot-
wide pedestrian way shall be provided in the proposed storefront outdoor
display area.
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Page 5
2. The outdoor display area shall be limited to the area on the concrete landing
and the adjacent 5-foot-wide asphalt space located immediately in front of
the store front, as approved on the site plan dated July 1, 2004.
3. The outdoor display area shall not impede vehicular sight distance and
driveway access,
4. The outdoor display area shall not obstruct any landscape areas, parking
spaces, or interfere with any official notice or public safety signs or devices.
5. Display merchandise and products shall be limited to those normally
associated with the primary retail use, and the display of junk is prohibited.
Items such as bedding and feeders may be displayed.
6. All display areas, and related enclosure, 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.
7. Display areas shall be kept clean and orderly, and shall maintain an
attractive appearance. No item shall be displayed in a manner that is
unsightly or creates any other conditions that are detrimental to the
appearance of the premises or any surrounding property, or in any other
manner that is detrimental to the public health, safety, orwelfare, or causes a
public nuisance.
8. 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.
9. Approval of this request shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the
time of approval.
10. Emergency vehicle access to any fire hydrant, entry or exit way, or fire
sprinkler system connection must not be blocked by merchandise.
11. Temporary display of products in the parking lot is not approved under this
application. Requests for approval for temporary outdoor display of products
are processed, pursuant to Chapter 17.26 of the Poway Municipal Code,
under a separate Temporary Use Permit. Requests shall be accompanied
by detailed information on the type and location of the outdoor display.
12. No display items, shelves, support mechanisms, or similar items may be
attached to the building fac;:ade.
Resolution No. P-04-68
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13. The wood security fencing for the outdoor display area shall be constructed
in accordance with the approved plans on file, dated July 1, 2004, and shall
not exceed 6 feet in height.
I. The applicant shall provide and maintain the following improvements, to the
satisfaction of the Director of Development Services, until such time as the
seatainer is removed:
1. The necessary Building Permits and approvals shall be obtained from the
Building Division prior to installation of the seatainer. The seatainer shall
have no electrical, plumbing, or mechanical equipment installed.
2. The site plan, dated July 1,2004, shall be revised to show that the seatainer
will be sited in the rear of the store, clear of the 25-foot easterly side yard
setback and clear of the 20-foot street side yard (Claire Drive) setback
(setback taken from the inside edge of the Claire Drive right-of-way
easement).
3. The seatainer shall be a color that matches the existing building. Presently
the building is a tan color.
J. Prior to Building Permit issuance, the following shall be addressed:
a, The fOllowing improvements shall be completed to the satisfaction ofthe Fire
Marshal:
I. The hay enclosure addition shall be an approved one-hour
rated construction.
b. Baled hay storage shall meet minimum Fire Department regulations:
I. Not less than 18-inch clearance at sidewalls, with a center
aisle not less than 5 feet.
iL Or, not less than 3-foot clearance shall be maintained between
walls and sides of piles.
c. The enclosed metal seatainer storage may be located adjacent to the
rear of existing building, along exterior wall, provided any openings
are less than 20 feet from property lines and/or the open end of the
storage seatainer be protected by fire assemblies having a fire
protection rating of not less than three-fourths hour.
d. The Fire Department recommends that the proposed security fencing
in the storefront display area be not less than 6 feet in height.
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Page 7
2. The following improvements shall be completed to the satisfaction of the City
Planner:
a. Submit complete landscape and irrigation plans to the Planning
Division for review and approval. A landscape plan check review fee
is required at the time of initial submittal of the plans, The plans shall
be prepared pursuant to the City of Poway Guide to Landscape
Requirements. The plans should address the following:
I. The landscaping in the required front and side yard setback
areas shall be enhanced. This will involve installation of
additional plant material and irrigation (if necessary), and the
excess paving within the front yard setback shall be removed
and replaced with the extension of the landscape area.
iL Street trees shall be provided in accordance with requirements
listed in the City of Poway Guide to Landscape Requirements.
b. The site plan shall show and note all required parking. Parking shall
be provided in accordance with the Poway Municipal Code.
c. All two-way traffic aisles shall be a minimum of 25 feet wide. A
minimum 25-foot-wide emergency vehicle access shall be provided,
maintained free and clear at all times during construction, in
accordance with Safety Services Department requirements.
d. All parking spaces shall be double striped. The minimum dimensions
for standard sized parking stalls shall be 8.5 feet x 18.5 feet. The
parking lot design shall comply with the Americans with Disabilities
Act for accessible spaces, with one van-accessible space.
e. The plans shall show all new and existing utilities placed underground.
f. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway School District
for additional information at (858) 748-0010, ext. 2089.
g. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet the requirements of the City of Poway.
h. Trash receptacles shall be enclosed by a 6-foot-high masonry wall
with view-obstructing gates. Locations shall be subjectto approval by
the Planning Division.
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Page 8
I. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view, and sound buffered
from adjacent properties and streets as required by the Planning
Division.
j, The applicant shall comply with the latest adopted Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, National
Electric Code, Uniform Fire Code, and all other applicable Codes and
Ordinances in effect at the time of Building Permit issuance,
k. The colors on the building shall be consistent with the approved
colors on file in the Planning Division.
I. The use shall comply with the Poway Sign Ordinance. Separate
approval shall be obtained from the Planning Division for any
proposed new signage.
K. Prior to issuance of a Certificate of Occupancy:
1. All proposed utilities within the project site shall be installed underground.
2. Landscaping required for the project shall be inspected by the City's
Landscape Architect.
L. Upon occupancy, the applicant shall comply with the following conditions, unless
other timing is indicated:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
2. 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.
3. All landscaped areas on-site, and within the adjacent right-of-way, shall be
maintained in a healthy and thriving condition, free from weeds, trash, and
debris. The trees shall be encouraged and allowed to retain a natural form.
Pruning should be restricted to maintain the health of the trees and to protect
the public safety. Unnatural or excessive pruning, including topping, is not
permitted.
Section 5: The owner of the outdoor display merchandise shall remove all of the
materials, equipment, and associated structures, approved pursuant to this permit within 60
days of ceasing operation of the permanent outdoor display area or the retail use,
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Page 9
Section 6: The approval of MCUP 02-03, MDRA 04-102, and Variance 04-09 shall
expire on March 21,2005, unless, prior to that date, the use is established in conformance
with the conditions of this permit, to the satisfaction of the Director of Development
Services.
Section 7: The approval of the component of MCUP 02-03 authorizing the outdoor
display area shall automatically terminate for any violations to the terms of the Permit and
Section 17.10.190 of the Poway Municipal Code if a Notice of Violation has been issued
and the applicant fails to comply with said notice. In the event the outdoor display
component of MCUP 02-03 is terminated due to a violation, the applicant may not re-apply
for an Outdoor Display Permit or a MCUP for outdoor display anywhere in the City for a
one-year period following the date of compliance pursuant to the Notice of Violation,
Section 8: The approval of the component of MCUP 02-03 authorizing the outdoor
display area shall terminate upon the change of occupancy or failure to renew a Business
Certificate without written notice required.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21st day of September 2004.
ATTEST:
Resolution No. p- 04-68
Page 10
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- 04-68 , 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
Jea Bunch, Interim City Clerk
Ci of Poway