Res P-06-38
RESOLUTION NO. P-06-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 06-02
ASSESSOR'S PARCEL NUMBERS
314-182-20,24,33,34,35,44,46,50, and 51
WHEREAS, on May 11, 2004, the City Council approved Conditional Use
Permit (CUP) 03-15 for Aubrey Park, an active and passive use park developed by the City
in conjunction with the Poway Girls Softball League (PGSL), on approximately 9 acres at
the northwest corner of Midland Road and Aubrey Street; and
WHEREAS, PGSL has submitted a request to utilize a temporary modular building
for food and drink concessions, and two seatainers for storage at Aubrey Park, for a period
of up to one year, before and while a permanent structure is built for such purpose; and
WHEREAS, on August 1, 2006, 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 exempt from the California Environmental Quality Act (CEQA)
as a Class 11 Categorical Exemption, pursuant to Section 15311 of the CEQA Guidelines,
in that the project involves the placement of temporary accessory structures on a
developed park site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the approval of Conditional Use Permit 06-02, are made as follows:
A. The size and design of the temporary structures are appropriate for the use and
location, and is a permitted use at the site with the approval of a Conditional Use
Permit. Therefore, the proposed location, size, design and operating characteristics
of the structures are in accord with the title and purpose of Section 17.48.070 of the
Poway Municipal Code, the purpose of the zone in which the site is located, the City
General Plan, and the development policies and standards of the City.
B. The temporary structures have been designed to comply with City standards.
Therefore, 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, buildings, structures, or natural resources.
C. The temporary structures will meet standards for scale, coverage and density.
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with adjacent uses.
Resolution No. P-06-38
Page 2
D. There are public facilities, services and utilities available to the site.
E. The temporary structures and their use will not result in a significant impact on the
character or the intensity of the transportation system in the vicinity and is found to
be consistent with the Circulation Element of the General Plan.
F. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects
upon environmental quality and natural resources.
G. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
H. The impacts, as described above, 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.
I. The proposed conditional use will comply with each of the applicable provisions of
Section 17.48.070 of the Poway Municipal Code with regard to current development
standards.
Section 3: The City Council hereby approves Conditional Use Permit 06-02, a proposal
to utilize a temporary modular building for food and drink concessions, and two seatainers
for storage at Aubrey Park located at the northwest corner of Midland Road and Aubrey
Street, for a period of up to one year, as shown on the plans dated June 27, 2006, subject
to the following conditions:
A. Within 30 days of this approval the applicant shall submit plans and a building permit
application to the City for installation/relocation of the modular building. Plan check
and permit fees shall be the responsibility of the applicant.
B. The authorization to utilize temporary structures on the site, as shown on the
approved site plan, is for up to one year from the date of this approval. Upon the
completion of the permanent concessions and storage building, all temporary
structures shall be removed from the site.
Section 4: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 1, 2006.
Resolution No. P-06-38
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1 st day of August 2006.
fisLxtL
L. Diane Shea, City Clerk
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-06-38, was duly adopted by the
City Council at a meeting of said City Council held on the 1st day of August 2006, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~~~~
L. Diane Shea, City Clerk
City of Poway