Res P-04-69
RESOLUTION NO. P-04-69
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING, WITHOUT PREDJUDICE,
MINOR CONDITIONAL USE PERMIT 03-11
A REQUEST TO ALLOW A SEATAINER STORAGE STRUCTURE
AT 13738 SOMERSET ROAD
ASSESSOR'S PARCEL NUMBER 314-241-04
WHEREAS, in October 2001, it was brought to the City's attention that a seatainer
had been placed on vacant property located at 13738 Somerset Road, within the
Residential Single-Family 7 (RS-7) zone; and
WHEREAS, after conducting an investigation, City staff determined that the
seatainer had been established without first obtaining required permits from the City; and
WHEREAS, the City advised the property owner that the seatainer must either be
removed or a Minor Conditional Use Permit be obtained to allow it to stay; and
WHEREAS, Minor Conditional Use Permit (MCUP) 03-11 was submitted by Baseem
Syed, Applicant, to legalize a 160-square-foot, pre-fabricated, metal storage structure (I.e.,
a seatainer) on vacant residential property, 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 City of Poway, as
follows:
Section 1: The project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 3 Categorical Exemption, pursuant to Section 15303 ofthe CEQA
Guidelines, in that the project involves an accessory structure to a single-family home.
Section 2: All of the findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for MCUP 03-11, cannot be made as follows:
A. The proposed location, size, design, and operating characteristics of the seatainer
are not in accord with the title and purpose of the Poway Zoning Code, the purpose
of the Residential Single-Family 7 (RS-7) zone, the City General Plan, and the
development policies and standards of the City in that a seatainer is not an
accessory use because it is the principal structure on the site, and in the RS-7 zone
a seatainer is allowed only if it is accessory to a principal structure.
B. The location, size, design, and operating characteristics of the seatainer are not
compatible with, and will adversely affect or be materially detrimental to, adjacent
Resolution No. P-04-69
Page 2
uses, residents, buildings, and structures in that the seatainer is the principal
structure on the site since it is the only structure, it is not an accessory structure,
and its design is not compatible with the surrounding single-family homes.
C. The harmony in scale, bulk, coverage and density is not consistent with the adjacent
single-family homes because the seatainer is located on an otherwise vacant lot and
is the principal structure on the lot inconsistent with the surrounding single-family
residential neighborhood.
D. There will be a harmful effect upon the desirable neighborhood characteristics in
that the seatainer would establish storage as a principal use of the site, not in
keeping with the surrounding single-family residences.
E. The site is not suitable for the type and intensity of development in that the seatainer
would be a principal, rather than accessory, use of the residential site, which is not
allowed in the RS 7 zone.
F. The location, size, design, and operating characteristics of the seatainer, and the
conditions under which it would be operated or maintained, will be detrimental to the
public health, safety and welfare in that access to the storage structure is from a
narrow private road.
G. The seatainerwill not comply with all the applicable provisions of the Poway Zoning
Code in that seatainers may only be permitted as an accessory structure, and the
subject site is otherwise vacant.
Section 3: The City Council hereby denies without prejudice MCUP 03-11 , a request to
allow a 160-square-foot, pre-fabricated, metal storage structure (I.e., a seatainer) on
residential property as an accessory use to a single-family home, as shown on plans dated
May 20,2004, located at 13738 Somerset Road, within the Residential Single-Family 7
(RS-7) zone.
Resolution No. P- 04-69
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-04-69 , was duly adopted by the
City Council at a meeting of said City Council held on the 21stday of September 2004, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
ABSENT:
NONE
NONE
Bunch, Interim City Clerk
of Poway