Res 20-075RESOLUTION NO. 20-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT (MCUP) 19-005 FOR THREE SEATAINERS
BEHIND NORTH PARK PRODUCE AT 12342 POWAY ROAD;
ASSESSOR'S PARCEL NUMBER 317-153-21-00
WHEREAS, on April 17, 2015, Minor Development Review Application (MDRA) 14-015
was approved by the Development Services Director for a 2,500 square -foot storage area and
covered trash/recycling area attached to the existing North Park Produce market located at 12342
Poway Road, in the Commercial General (CC) land use district of the Poway Road Specific Plan.
The addition was not constructed because the existing lease may not be renewed with the new
property owner;
WHEREAS, on March 27, 2019 the City of Poway approved Temporary Use Permit (TUP)
18-047 to allow the installation of two metal storage containers (seatainers) behind the North Park
Produce market for up to 90 days to provide needed storage in addition to the capacity provided
within the building. The seatainers are still at the site because North Park Produce continues to
need additional storage;
WHEREAS, on August 22, 2019, Merlone Geier Management, LLC requested approval of
Minor Conditional Use Permit (MCUP) 19-005 to allow North Park Produce to keep the two
existing seatainers and install a third seatainer until a permanent solution to the storage needs
can be feasibly provided;
WHEREAS, on Sep 1, 2020, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all other evidence presented at the public
hearing.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
SECTION 1: The above recitals are true and correct.
SECTION 2: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Class 4 Categorical Exemptions, Section 15304(e) of the CEQA
Guidelines, in that the project involves the addition of temporary structures within an existing
paved area that will not have permanent effects on the environment.
SECTION 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve MCUP 19-005 to allow the keeping of a seatainer, are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord
with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations),
the General Plan, and the development policies and standards of the City in that the
seatainers are permitted with the approval of an MCUP, and they will be painted to match
the color of the adjacent buildings and have been sited in the rear of the property and will
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Page 2
otherwise comply with all of the relevant codes and standards of the City of Poway.
B. The location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent uses,
people, buildings, structures, or natural resources in that the seatainers are placed in the
rear of the property and will be screened from view from neighboring residential properties
by existing landscaping and from the public right-of-way by existing landscaping.
C. The seatainers' color will visually blend in with the existing commercial development and
the use of the area where the seatainers would be located will not change other than more
goods can be promptly placed within a storage facility as they are delivered. Therefore,
the harmony in scale, bulk, coverage, and density of the project is consistent with adjacent
uses.
D. There are adequate public facilities, services, and utilities available at the subject site to
serve the proposed use.
E. The storage container has been sited to comply with the General Plan and PMC
standards, and its color is compatible with surrounding development. Conditions of
approval are required of the seatainer use which are intended to minimize the potential for
negative impacts on the adjacent residential neighborhood. Therefore, there will not be a
harmful effect upon desirable neighborhood characteristics.
F The keeping of the seatainer will not adversely impact the capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is proposed in
that the seatainer would be kept on a Targe commercial property adjacent to a residential
neighborhood where the keeping of storage structures that do not match the architecture
of the main residence are common.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the seatainer would be kept in an area that is currently paved.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A seatainer is an allowable accessory use in the Poway Road Specific Plan zone with the
approval of a MCUP. The impacts, as described in subsections A through I of this Section,
and the proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or improvements
in the vicinity, nor be contrary to the adopted General Plan.
K. The proposed use will comply with each of the applicable provisions of PMC Title 17
(Zoning Ordinance).
SECTION 4: The City Council hereby approves MCUP 19-005 as shown on the
approved plans stamped "Exhibit A" and dated September 1, 2020 on file in the Development
Services Department, except as noted herein and subject to the following conditions:
Resolution No. 20-075
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A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including reasonable attorney's fees, collectively the "Claims" against the City or its
agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
TTM 19-004 and MDRA 18-014) and any environmental document or decision made
pursuant to CEQA. The City may elect to conduct its own defense, participate in its own
defense, or obtain independent legal counsel in defense of any claim related to this
indemnification. In the event of such election, applicant shall pay all of the costs related
thereto, including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the City shall
have the authority to control the litigation and make litigation -related decisions, including,
but not limited to, settlement or other disposition of the matter. However, the applicant
shall not be required to pay or perform any settlement unless such settlement is approved
by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims
resulting from the exclusive gross negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped as "Exhibit A" and dated September 1, 2020
on file in the Development Services Department. Any substantial changes to the approved
plans must be approved by the Director of Development Services and may require
approval of the City Council if the Director of Development Services finds that the
proposed changes do not substantially conform to approved plans.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and operational noise levels.
D. The two existing unpermitted seatainers shall be removed by December 1, 2020 unless
prior that date a building permit for the seatainers and the trash enclosure has been
obtained. The trash enclosure shall be installed by February 1, 2021.
E. All seatainers shall be removed from the site no later than September 1, 2023, unless prior
to that date a request for a time extension is submitted to the Development Services
Department and a time extension is subsequently granted by the City Council.
F. The conditions for the project shall remain in effect for the life of the subject property, shall
run with the land and be binding upon future owners, successors, heirs, and transferees
of the current property owner.
G. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property. In order for the City to prepare the Covenant the
applicant must first submit a legal description of the subject site.
H. Prior to building permit issuance and continued use of the seatainers, unless other timing
is indicated, the following conditions shall be complied with:
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(Building)
1. The development shall comply with the current addition of the California Building
Code, California Plumbing Code, California Mechanical Code, California Electrical
Code, California Residential Code, California Fire Code, California Energy Code
and California Green Code at time of submittal to the Building Division. All
development shall comply with state structural calculations and seismic safety
requirements.
(Engineering)
2. All spoil materials from footings and foundations shall be legally disposed of off-
site or if the material is to remain onsite, the material shall be placed per the
requirements of the City grading ordinance.
3. The applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the site
plan and be appropriately sized for the proposed level of development.
4. Applicant shall pay a minimum cash security deposit for erosion control.
5. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a City
standard form available from the City's project engineer. The applicant's action
plan that identifies measures to be implemented during construction to address
erosion, sediment and pollution control will be discussed. Compliance for
sediment control shall be provided as directed by the project inspector.
6. Erosion control shall be installed and maintained by the developer from October 1
to April 30 annually. The developer shall maintain all erosion control devices
throughout their intended life.
7. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
8. Prior to start of any work within a City -held easement or right-of-way, a Right -of -
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
9. Concrete paving shall be provided in front of the trash enclosure to the satisfaction
of the City Engineer to prevent paving from breaking up from use of sanitation
vehicles.
(Planning)
10. Approval of this request 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.
11. The building plans shall show the seatainers to match the color of the building.
12. Trash receptacles shall be enclosed by a six -foot -high masonry wall, with view -
obstructing gates, and shall provide an area for recyclable materials. The trash
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enclosure shall be architecturally compatible with the buildings. The enclosure
should be large enough to fit a four -yard trash bin, a four -yard recycled bin and
organics carts. Trash receptacles shall be covered.
Compliance with the following conditions is required prior to building permit final and
release of securities:
1. The site shall be developed, and the building elevations shall be constructed in
accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project shall be
installed underground.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damage to public improvements caused by construction activity from this project.
J. Upon establishment of use, the following conditions shall apply:
1. MCUP 19-005 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
2. This MCUP authorizes the use of seatainers for storage purposes only. No other
uses or occupancy, such as an office or other alternate use, would be allowed,
unless permissible under the PMC and approved by a permit.
3. Seatainers being utilized for storage and approved under this MCUP application
may not be structurally modified or altered unless approved by the City; no shade
covers or utility connections are allowed unless in conformance with applicable
building codes, the PMC, and/or an approved permit.
4. The applicant shall maintain the exterior areas in a clean and sanitary condition,
free of litter, trash, food waste, and debris.
5. No exterior storage of materials, items, or stock may occur on the premises.
6. Usage of trash enclosures shall be limited to the keeping and storage of EDCO
waste containers only, and may not be utilized for storage of other materials or
items. No waste containers may be kept outside trash enclosures.
7. 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.
8. 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.
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9. The owner or operator of the facility shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this approval.
10. 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.
11. All landscaping, including areas within the adjacent public right-of-way, shall be
adequately irrigated, and permanently and fully maintained by the owner at all
times in accordance with the requirements of the City of Poway Landscape and
Irrigation Design Manual. 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. Trees should be trimmed or pruned as needed to
develop strong and healthy trunk and branch systems. Tree maintenance and
pruning shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning
shall not remove more than 25 percent of the trees' leaf surface.
12. Upon termination, expiration or revocation of this MCUP, the identified seatainers
shall be removed under an issued demolition building permit with a "pass" result
for all necessary inspections, to be completed no less than thirty (30) days from
the MCUP end date.
K. The following conditions shall be complied with to the satisfaction of the Fire Chief:
1. Fire apparatus access roadway around the parking lot and rear alley shall have 20
feet of unobstructed width with a minimum of 13 feet 6 inches of vertical clearance
maintained adjacent to the project. Fire Lanes shall remain clear at all times,
including the parking of vehicles.
SECTION 5: The approval of MCUP 19-005 will expire on September 1, 2023 at 5:00
p.m., except if prior to that time, appropriate conditions of approval herein have not been complied
with.
SECTION 6: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
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PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 1st day of September, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Intert City Clerk