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:
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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.