Res P-05-78
RESOLUTION NO. P-05-78
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-01 M
AND DEVELOPMENT REVIEW 03-03R,
ASSESSOR'S PARCEL NUMBERS 314-193-40, 41, and 42
WHEREAS, on January 6, 2004, the City Council approved Resolution P-04-02
Conditional Use Permit (CUP) 03-01 and Development Review 03-03 to construct a
6,751-square-foot commercial building for an animal clinic on an approximately 0.75-
acre vacant property located at the southeast corner of Midland Road and Aubrey
Street. The subject property is located in the Commercial General (CG) zone within the
Old Poway Specific Plan Area; and
WHEREAS, a request has been submitted by Rodney R. Meyers, Applicant/N K
& P E Family Trust, John and Diana Augustine Trust, and Poway Redevelopment
Agency, Owners to modify the Condition of Approval contained in Section 6 of
Resolution P-04-02 to allow the applicant two more years to obtain a Building Permit
and commence construction for an animal clinic; and
WHEREAS, on December 6, 2005, 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, the City Council does hereby resolve as follows:
Section 1: The City Council finds that the Negative Declaration, previously approved for
CUP 03-01 and DR 03-03 on January 6, 2004, adequately addresses the environmental
concerns for CUP 03-01 M and DR 03-03R.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, CUP 03-01 M to allow two additional years to obtain a building permit
and commence construction of an animal clinic are as follows:
A. The location, size, design, and operating characteristics of the proposed animal
clinic is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the purpose of the Old
Poway Specific Plan, the CG zone, the City General Plan, and the development
policies and standards of the City in that animal clinics are allowed with a
Conditional Use Permit. The project will not significantly impact traffic circulation
or parking and will facilitate the internal driveway connection to the future
development of property located to the south, and the facility has been designed
and sited such that it will be compatible with the surrounding development.
B. The location, size, design, and operation characteristics of the proposed animal
clinic 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 facility will be located on a currently vacant and previously disturbed
Resolution No. P-05- 78
Page 2
lot, has been designed and sited such that it will provide parking and screening
wall.
C. The proposed animal clinic is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the design of the
proposed facility is consistent and complimentary to surrounding buildings.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed animal clinic.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility will be consistent and
complimentary to buildings within the surrounding area, and design elements of
the Old Poway Specific Plan have been incorporated.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides on-site
parking as required by the Zoning Code requirements and will take access from
Aubrey Street or other. The proposed parking lot will facilitate internal driveway
connection to adjacent vacant commercially zoned property to the south.
G. The site is suitable for the type and intensity of use and development which is
proposed in that the proposed project is located along Midland Road and in the
vicinity of existing commercial development.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed animal clinic is located on a previously
disturbed property, and does not involve the removal of significant natural habitat
resources.
I. There are no relevant negative impacts associated with the proposed animal
clinic that cannot be mitigated.
J. That 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 animal clinic has been designed and sited such that no visual
impacts will result, and the overall site development will be in compliance with
design standards of the Old Poway Specific Plan.
K. The proposed animal clinic will comply with all the applicable provIsions of
Chapter 17.48 of the Poway Municipal Code in that the facility has been
designed and sited such that it will not result in visual impacts.
Resolution No. P-05-78
Page 3
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, DR 03-03R to allow two additional years to obtain a Building Permit and
commence construction of an animal clinic are as follows:
A. The proposed project is the construction of an animal clinic, which will not
adversely affect the existing parking in the area. The proposed addition will be
built on a previously disturbed site. The proposed addition will incorporate
design elements consistent with the Old Poway Specific Plan. Therefore, the
project respects the interdependence of land values and aesthetics to the benefit
of the City.
B. The proposed animal clinic building will be consistent with the guidelines of the
Old Poway Specific Plan in that it will be built in a Victorian architectural style and
will incorporate high quality materials and authentic Victorian-era colors. The
architecture will be complimentary to existing commercial buildings to the south
and Old Poway Park buildings to the west. Therefore, the proposed use does
not conflict with the orderly and harmonious appearance of structures and
property within the City, along with associated facilities, such as, but not limited
to, signs, landscaping, parking areas, and streets.
C. Public facilities, services, and utilities are available. The proposed animal clinic
will not affect public parking availability of the surrounding area in that adequate
parking consistent with the Zoning Code requirements will be provided. The
animal clinic will obtain vehicular access through an improved Aubrey Street.
Therefore, the proposed project does not detract from the maintenance of the
public health, safety and general welfare, and property throughout the City.
D. The animal clinic is designed to minimize visual impacts from neighboring
residential development by being situated approximately 100 feet away from the
property line shared by neighboring residences. A 6-foot-high screening wall and
landscaping will further buffer the project site from homes to the east. The
design, colors, and material are consistent with Old Poway Specific Plan design
standards, and compliment the surrounding commercial, park, and residential
development. The proposed development respects the public concerns for the
aesthetics of developments.
E. The proposed project will meet the required design regulations for the Old Poway
Specific Plan, and will otherwise comply with all of the relevant codes and
standards of the City of Poway. Therefore, the proposal does not have an
adverse aesthetic, health, safety, or architecturally related impact upon existing
adjoining properties, or the City in general.
F. The proposed project will comply with all of the provIsions of the Zoning
Ordinance, Old Poway Specific Plan, and the General Plan.
Resolution No. P-05-78
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Section 4: The City Council hereby approves Conditional Use Permit 03-01 M and DR
03-03R, to modify the Condition of Approval, contained in Section 6 of Resolution P-04-
02, to extend the date to modify the Condition of Approval contained in Section 6 of
Resolution P-04-02 to allow two additional years to obtain a Building Permit and
commence construction of an animal clinic at the southeast corner of Midland Road and
Aubrey Street, subject to the following conditions:
A. All prior findings and Conditions of Approval outlined in Resolution P-04-02 that
approved CUP 03-01 and DR 03-03 shall apply.
B. Approval of this Conditional Use Permit 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.
C. 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 Covenant Regarding Real Property.
D. The conditions of this CUP shall remain in effect for the life of the subject animal
clinic and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
Section 5: The approval of CUP 03-01 M and DR 03-03R shall expire on December
6, 2007, 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of December 2005.
ATTEST:
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Resolution No. P-05-78
Page 5
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 NoP05-78 , was duly adopted
by the City Council at a meeting of said City Council held on the 6th day of December,
2005, and that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
ABSENT:
NONE
NONE
DISQUALIFIED NONE
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L. Diane Shea, City Clerk
City of poway