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Res P-04-95 RESOLUTION NO. P-04-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-11 AND MINOR DEVELOPMENT REVIEW APPLICATION 04-92 ASSESSOR'S PARCEL NUMBER 323-060-02 WHEREAS, Conditional Use Permit (CUP) 04-11 and Minor Development Review Application (MDRA) 04-92 was submitted by Sammy Yousif, Applicant, for the expansion of a legal non-conforming use to allow a 220-square-foot addition and other improvements to an existing commercial building (Gordon's Liquor & Deli) located at 14251 Garden Road, in the Commercial Neighborhood (CN) zone, and; WHEREAS, on December 14, 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 proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, in that the project involves an addition to an existing structure and involves negligible expansion of an existing use. Section 2: The findings, in accordance with Section 17048.070 of the Poway Municipal Code, for CUP 04-11 and MDRA 04-92 to allow for the expansion of a legal non-conforming use by installing a 220-square-foot walk in cooler, and remodeling the interior and exterior of an existing commercial building on property located at 14251 Garden Road, in the Commercial Neighborhood (CN) zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the proposed expansion of the legal non-conforming use and site improvements are in accord with the title and purpose of Chapter 17048 of the Poway Municipal Code (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City in that the project has been designed to enhance the surrounding community. B. The location, size, design, and operating characteristics of the proposed expansion of the legal non-conforming use 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 addition to the rear of the existing store has been designed and sited such that it will not result in impacts to the surrounding community. Resolution No. P-04-95 Page 2 C, The proposed expansion of a legal non-conforming use and site improvements are in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the proposed facility is located on a commercially zoned and developed property. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed expansion of a legal non-conforming use and site improvements. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the proposed expansion of a legal non-conforming use and site improvements has been designed to enhance the corner. 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 the proposed expansion of a legal non-conforming use is a continuation of the existing use. G. The site is suitable for the type and intensity of use or development, which is proposed, in that the proposed expansion of a legal non-conforming use and site improvements will enhance the exterior of the existing store. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed expansion of a legal non-conforming use 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 expansion of a legal non-conforming use and site improvements that cannot be mitigated in that the development will comply with City of Poway standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed expansion of a legal non-conforming use and site improvements will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the expansion has been designed to meet City requirements. K. The proposed expansion of a legal non-conforming use and site improvements will comply with all the applicable provisions of Chapter 17048 of the Poway Municipal Code in that the site has been designed such that it will not result in visual impacts. Resolution No. P-04-95 Page 3 Section 3: The City Council hereby approves CUP 04-11 and MDRA 04-92, for an expansion of a legal non-conforming use and other improvements to an existing commercial building at 14251 Garden Road, as shown on the site plans dated October 15, 2004, and floor plan and elevations dated September 7, 2004, subject to the following conditions: A. Approval of this CUP and MDRA 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 CUP 04-11 and MDRA 04-92 shall remain in effect for the life of the subject business, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 04-11 and MDRA 04-92 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 applicant shall obtain a Building Permit prior to installation of the new walk-in cooler. Prior to issuance of a Building Permit, the applicant shall comply with the following: (Planning) 1. 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. 2. The site shall be developed in accordance with the approved site plan on file in the Development Services Department, dated October 15, 2004, and floor plan and elevations, dated September 7, 2004, and the Resolution No. P-04-95 Page 4 conditions contained herein. A final inspection from the appropriate City Departments will be required. 3. The specific materials used to create the paint and texture of the new addition shall be depicted on the building plans, The colors on the building and awnings shall be consistent with the approved colors on file in the Planning Division. 4. 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: a. The landscaping in the required front and side yard setback areas shall be enhanced. This will involve installation of plant material (trees, shrubs, and ground cover) and irrigation. The excess paving within the side yard setback shall be removed and replaced with the extension of the landscape area. b. Street trees shall be provided in accordance with requirements listed in the City of Poway Guide to Landscape Requirements. 5. The site plan shall show and note all required parking, Parking shall be provided in accordance with the Poway Municipal Code. a. 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. 6. The trash enclosure shall be constructed with a 6-foot-high masonry wall, with view-obstructing gates. The enclosure shall be constructed of decorative block or stucco, and painted to match the building. 7. 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. 8. All exterior lighting (building and parking lot) shall be removed and replaced to conform to current lighting requirements. The lighting shall be low-pressure sodium after eleven p.m. until dawn, and all lighting shall be directed downward into the site as to not cause glare on adjoining Resolution No. P-04-95 Page 5 properties or streets. The new light fixtures shall all be the same fixture and colors, to the satisfaction of the Director of Development Services. (Engineering) 9. A Right-of-Way Permit shall be obtained from the Development Services Department - Engineering Division prior to performing any work within public street right-of-way or any City held easement. 10. The following development fees shall be paid to the Engineering Services Department prior to Building Permit issuance. These fees are currently in effect and are subject to change. Sewer: $235.60 Sewer connection fee Traffic Mitigation: 40 trips/1 ,000 sf x 220 sf x $66 x 0.25 = $145.20 Park: N/A Drainage: N/A 11. The property owner shall provide a certification from a state registered civil engineer or licensed architect indicating the quantity of earthwork involved and pay a $500 inspection fee. G. The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. The trash enclosure must contain the appropriate sprinkler protection above the dumpster. H. Prior to obtaining a final inspection on the Building Permits, the following shall apply: 1. The City's Landscape Architect shall inspect the landscaping required for the project. I. Upon establishment of the new walk-in cooler and interior remodel, pursuant to CUP 04-11 and MDRA 04-92, the following shall apply: 1. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably Resolution No. P-04-95 Page 6 possible so as to minimize occurrences of dangerous conditions or visual blight. 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. Trash shall not be allowed to accumulate on the site and around the trash enclosure. 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. 4. 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 Outdoor Display Permit. Requests shall be accompanied by detailed information on the type and location of outdoor display. 5. Permanent window signage shall not exceed twelve square feet of the frontage and shall comply with Section 17040.090.1. 6. Temporary window signage shall not exceed 25% of the window area as per Section 17040.090.2 of the Poway Municipal Code. 7. All wall signs shall conform to current code requirements and all appropriate permits shall be obtained. 8. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 9. The owner and operator of the business shall ensure that no loitering is permitted on the premises. Section 5: The approval of CUP 04-11 and MDRA 04-92 shall expire on December 14, 2006, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced prior to its expiration. Resolution No. P-04-95 Page 7 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 14th day of December 2004, ATTEST: ~.In~ ~~ L. Di ne Shea, City Clerk r-'" STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-04- 95 , was duly adopted by the City Council at a meeting of said City Council held on the 14th day of December 2004, and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSTAIN: NONE ABSENT: NONE ?l~~ City of Poway