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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- Resolution No. P-04-68 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. Resolution No. P-04-68 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 Page 6 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. Resolution No. P-04-68 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. Resolution No. P-04-68 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, Resolution No. P-04-68 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