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Res P-04-83 RESOLUTION NO, P-04-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 89-10M(5) EXPANDING THE BOUNDARIES OF THE OLD POWAY PARK APNs: 314-212-02 through 06; 314-220-02, 03, 33, 34, 35 & 69; 314-193-39 and a portion of 40 WHEREAS, on August 22, 1989, the City Council approved Specific Plan 89-06 and Conditional Use Permit 89-1 0 that established the configuration of the Old Poway Park as well as the development and land use standards for the park located on a 4.75-acre site located within the 14000-block of Midland Road, pursuant to Resolution No. P-89-90; and WHEREAS, on July 14, 1992, the City Council approved a modification to Conditional Use Permit 89-10M to expand the Hamburger Factory restaurant within the Old Poway Park, pursuant to Resolution No. P-92-32; and WHEREAS, on February 22, 1994, the City Council approved a second modification to Conditional Use Permit 89-1 OM(2) to add a blacksmith shop within the Old Poway Park, pursuant to Resolution No. P-94-13; and WHEREAS, on February 16, 1999, the City Council approved a third modification to Conditional Use Permit 89-10M(3) to add a train turn table and various train barn related facilities within the Old Poway Park, pursuant to Resolution No. P-99-15; and WHEREAS, on October 14, 2003, the City Council approved a fourth modification to Conditional Use Permit 89-10M(4) to construct a 2,146-square-foot addition to the Train Barn, pursuant to Resolution No. P-03-63; and WHEREAS, an application for a fifth modification to Conditional Use Permit 89- 1 OM(5) was submitted in conjunction with GPA 04-01, SPA 89-06A, and SPA 88-01 D by the City of Poway, applicant and owner, to amend the boundaries of the Old Poway Specific Plan, and WHEREAS, on October 12, 2004, the City of Poway held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to these applications. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council has considered the Environmental Initial Study (EIS) and Mitigated Negative Declaration (MND), for CUP 89-1 OM(5), General Plan Amendment 04- 01 (A and B), and SPA 89-06A, and SPA 88-01 D and public comments received on the EIS and MND, The subject EIS and MND documentation are fUlly incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Resolution No. P-04-83 Page 2 Section 2: The City Council finds that the resolutions forthe four previous modifications to CUP 89-10; P-92-32, P-94-13, P-99-15, and P-03-63 are not affected by the proposed amendment and remain in force. Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for the modification to Conditional Use Permit 89-10M(5) to add the following assessor's parcel numbers: 314-212-02 through 06; 314-220-02, 03, 33, 34, 35 & 69; 314- 193-39 and a portion of 40 to the permit, and amend the site plan to include the new conceptual site plan approved with the adoption on February 24, 2004 of the Old Poway Park Master Plan are made as follows: A. The location, size, design, and operating characteristics of the new parcels and site plan are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the OS-R zone, the Old Poway Park Specific Plan, and the City General Plan. B. The location, size, design, and operation characteristics of the new parcels and site plan 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 parcels are located adjacent to the Old Poway Park. C. The proposed new parcels and site plan are in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that its design is consistent and complimentary to the existing Old Poway Park facilities and surrounding buildings. D. There are adequate public facilities, services, and utilities available at the subject site to serve new parcels. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that new parcels and site plan will have compatible uses and architecture design criteria with other buildings in the Old Poway Park and surrounding area. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the Old Poway Park parcel additions already exist and no new development is proposed with this CUP, G. The site is suitable for the type and intensity of the proposed use and development in that the proposed new parcels are located adjacent to the existing park and the site plan is consistent with the goals and design themes of the Old Poway Specific Plan. H. There will not be significant harmful effects upon environmental quality and natural resources in that the new parcels are located on previously graded land, and do not involve the removal of natural habitat resources. I. There are no relevant negative impacts associated with the proposed new parcels and site plan that cannot be mitigated. Resolution No. P-04-83 Page 3 J. The potential impacts, and the proposed location, size, design, and operating characteristics of the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the new parcels and site plan have been designed to comply with the Poway Zoning Code, Old Poway Park Specific Plan, and the General Plan. Section 4: The City Council hereby approves CUP 89-10M(5) to add the following assessor's parcel numbers: 314-212-02 through 06; 314-220-02, 03, 33, 34,35 & 69; 314- 193-39 and a portion of 40 to the permit, and amend the site plan to include the new conceptual site plan approved with the adoption on February 24, 2004 of the Old Poway Park Master Plan. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 26th day of October 2004. ATTEST: ~/~-1)t'}ll>-D U S erne D, Worrell, Deputy City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Sherrie D. Worrell, Deputy City Clerk, of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04-83 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of October 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~~/).t}~ Sherrie D. Worrell, Deputy City Clerk City of Poway Resolution No. P-04- 83 Page 4 Exhibit A Topic Mitigation Measure Timing Responsibility Traffic a. Installation of a second westbound Prior to dropping to Applicant turn lane at Twin Peaks Road and LOS E Community Road. b. Modification of signal timing along Prior to dropping to Applicant Poway Road to accommodate LOS E changes in future traffic patterns. c. A third recommendation was to Prior to dropping to Applicant either include a westbound right turn LOS E lane onto Poway Road at Midland Road or widen Midland Road to include a second left turn lane onto Poway Road.