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.
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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.
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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
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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
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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
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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.
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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
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City of Poway