Res P-04-91
RESOLUTION NO. P-04-91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-11
FOR A DRIVE THROUGH ATM AND EXEMPTION PERMIT
TO ALLOW HIGH PRESSURE SODIUM LIGHTING
ASSESSOR'S PARCEL NUMBER 317-153-22
WHEREAS, Minor Conditional Use Permit (MCUP) 04-11 was submitted by PDG
Architects, Applicant, to allow the installation of a new freestanding drive through ATM for
Washington Mutual. The application also includes a request for an Exemption Permit to
install high-pressure sodium lighting instead of low-pressure sodium, on a developed
property located at 12380 Poway Road, in the Commercial Business (CB) zone, and;
WHEREAS, on November 30, 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 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that project proposes involves the installation of a small accessory structure
for an existing bank and involves negligible or no expansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17048.070 of the Poway Municipal
Code, for MCUP 04-11 to install a new freestanding drive through ATM for Washington
Mutual and high-pressure sodium lights on property located at 12380 Poway Road, in the
Commercial Business zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
drive through ATM are in accord with the title and purpose of Chapter 17048 of the
Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan,
and the development policies and standards of the City in that the facility has been
designed and sited such that it will not result in visual impacts to the surrounding
community.
B. The location, size, design, and operating characteristics ofthe proposed drive through
ATM and high-pressure sodium lights will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, buildings, structures, or
natural resources in that the facility has been designed and sited such that it will not
result in visual impacts to the surrounding community. The drive through ATM has
been designed so that an adequate queuing length is available and will not impede
vehicular traffic in the center.
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C. The proposed drive through ATM is in harmony with the scale, bulk, coverage, and
density of, and is consistent with; adjacent uses in that the proposed facility functions
as if it were ancillary equipment to the existing building.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed drive through ATM.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed drive through ATM and high-pressure sodium
lighting has been designed and sited such that it will not result in a visual impact to
the surrounding community, and the facility will comply with Poway Municipal Code in
that the lighting will be designed to not spill over onto neighboring properties, The
high-pressure sodium lighting is needed to meet state requirements for nighttime
illumination in the vicinity of A TM machines for safety and security of people using the
ATMs.
F. 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
current bank employees will service the proposed drive through ATM. Many of the
drive through A TM users are already patrons of the bank and use the existing walk-up
ATM, so no additional traffic impacts are anticipated.
G. The site is suitable for the type and intensity of use or development which is proposed
in that the proposed drive through ATM, will enhance banking opportunities in the
City, The high-pressure sodium lighting proposed will allow for safe access to the
ATM during evening hours.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed drive through A TM is located on a developed property
and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed drive through
A TM that cannot be mitigated in that the facility will comply Poway Municipal Code
Chapter 17.1 0.150.H that an adequate queuing line is available and in the fact that
the lights will be screened so that light will be directed away from streets and
adjoining properties.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed drive through A TM 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.
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K. The proposed drive through ATM will comply with all the applicable provisions of
Chapter 17048 of the poway Municipal Code in thatthe facility has been designed and
sited such that it will not result in visual impacts.
Section 3: The findings, in accordance with Section 17,10.150.H.3 ofthe Poway Municipal
Code, for MCUP 04-11 to install high pressure sodium lighting for Washington Mutual
located at 12380 Poway Road, in the Commercial Business zone, are made as follows:
A. California State Assembly Bill 244 sets specifications for lighting of ATM machines
that exceed the capability of low pressure sodium lighting, therefore the installation of
high pressure sodium lighting is needed to meet the lighting levels needed. This
lighting will provide a drive through ATM with safe access for Washington Mutual
customers and other possible A TM users, while meeting state and local requirements.
Section 4: The City Council hereby approves MCUP 04-11 to install a new drive through
ATM and an Exemption Permit to allow the installation of high-pressure sodium lights at
12380 Poway Road, as shown on the plans dated September 22, 2004, subject to the
following conditions:
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; and, (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 04-11 shall remain in effect for the life of the subject
freestanding drive through ATM, and shall run with the land and be binding upon
future owners, successors, heirs, and transferees of the current property owner.
E. The high-pressure sodium lighting is only being approved for the ATM lighting
requirements. The ATM shall be removed in a reasonable amount of time, as
determined by the Director of Development Services, if the bank is no longer a
financial institution and/or the ATM is no longer needed. At such a time when the
ATM is removed, the high-pressure sodium lighting approved with this MCUP shall
be removed or replaced with low-pressure sodium lighting,
F. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
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(Planning)
1. The site shall be developed in accordance with the approved plan on file in the
Development Services Department (dated September 22, 2004) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
2. The Building Permit plans shall include details about the installation of the
A TM and proposed re-striping of the parking lot.
3. The Building Permit plans shall include detailed information about proposed
lighting for building and parking lot (I.e., height, material, wattage, and type of
fixtu re ).
4. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Building Permit issuance.
5. The parking lot shall be striped, to the satisfaction of the Director meeting all
City of Poway standards for parking lot striping and parking space size.
6. The applicant shall consult with a certified Arborist to verify how the existing
pine trees should be protected during construction of new drive through A TM
and how any tree roots shall be trimmed.
7. The applicant shall provide the City with a copy of the Arborist's report showing
how the existing trees near the new drive through ATM will be protected.
8. The new wall-mounted light proposed for the southwest corner of the building
shall be removed from future plans.
9. The maximum height for parking lot lights is 18 feet from grade to top of light
fixtu re.
10. All outdoor lighting shall be shielded or directed so that no light spillage shall
encroach into adjoining properties or onto Poway Road.
11. All exterior lighting shall be fixed so that light rays emitted by the fixture are
projected below the imaginary horizontal plan passing through the lowest point
of the fixture an in such a manner that the light is directed away from streets
and adjoining properties.
G. Upon establishment of the drive through ATM and high-pressure sodium lights,
pursuant to MCUP 04-11, the following shall apply:
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1. All facilities and related equipment 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. The
areas around the drive through ATM shall be kept clean and orderly, and shall
maintain an attractive appearance.
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 lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
4. All large shrubbery removed for safety reasons near the A TM shall be replaced
with low growing shrubs and/or ground cover.
Section 5: The approval of MCUP 04-11 shall expire on November 30,2006, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 30th day of November 2004.
ATTEST:
Jeanne unch, Interim City Clerk
Resolution No. P-04- 91
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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- 91 , was duly adopted by
the City Council at a meeting of said City Council held on the 30th day of November 2004,
and that it was so adopted by the following vote:
AYES:
NOES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSTAIN: NONE
ABSENT: NONE