Res 21-045RESOLUTION NO. 21-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 21-003. ASSESSOR'S PARCEL NUMBER 317-540-63
WHEREAS, Conditional Use Permit (CUP) 21-003 was submitted by Cynthia Elizondo,
President of the Poway Valley Senior Citizens Corporation, Applicant, and Frazee Poway
Properties, LTD, Owner, for the establishment of a thrift shop within an existing commercial
building located at 12511 Poway Road, in the Mixed Use (MU) land use district of the Poway
Road Specific Plan (PRSP) area.
WHEREAS, on June 15, 2021, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to this application;
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
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 proposed project consists of a new commercial use that will
replace a previous commercial use and the project will involve negligible or no expansion of use.
SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve CUP 21-003 to allow the establishment of a thrift shop, 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 that
a thrift shop is allowed on a property that is designated MU land use district of the PRSP
area with the approval of a CUP, and will 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 use will be conducted within
an existing commercial building which has existing screening walls located along the east
property line shared with a neighboring apartment complex, trees will be added to the
planter area adjacent to the wall, the use will be conducted entirely indoors and all waste
generated by the use will be disposed of in dumpsters that are located within a trash
enclosure.
C. The proposed thrift shop will be operating within an existing commercial building located
within a commercial center. Therefore, the harmony in scale, bulk, coverage, and density
of the project is consistent with adjacent uses.
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D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed thrift shop.
E. The proposed thrift shop is located within an existing commercial building, no outdoor
storage of merchandise will be permitted, all waste generated by the use will be disposed
of in dumpsters that are located within a trash enclosure, and new trees will be planted
along the east property line shared with an apartment complex. Therefore, there will not
be a harmful effect upon desirable neighborhood characteristics.
F. The establishment of a thrift shop 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 floor area occupied by the thrift shop was recently occupied by another retail use
and merchandise brought to the site will be by appointment only which will eliminate
queuing issues of cars in drive aisles.
G. The site is suitable for the type and intensity of use or development that is proposed in
that the thrift shop will be operating within an existing commercial building on a completely
developed site, and deliveries of merchandise will occur by appointment only and towards
the rear of the building.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the project is limited to establishing a thrift shop within an existing
commercial building and new trees will be planted within an existing empty planter area
along the east property line. Therefore, there will be no significant harmful effects upon
environmental quality and natural resources.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A thrift shop is allowed in the MU land use district of the PRSP area with the approval of
a CUP. Therefore, 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. That the proposed conditional use will comply with each of the applicable provisions of
this title.
SECTION 3: The City Council hereby approves CUP 21-003, as shown on the site and
operations plan incorporated herein by reference and stamped as "Exhibit A" and dated June 15,
2021 on file in the Development Services Department, except as noted herein, subject to the
following conditions:
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 attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
void, challenge, or annul this development approval and any environmental document or
decision. 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
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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.
B. Approval of this CUP 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, and before the 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.
D. 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.
E. The conditions of CUP 21-003 shall remain in effect for the life of the subject use and shall
run with the land and be binding upon future owners, successors, heirs, and transferees
of the current property owner.
F. CUP 21-003 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.
G. Prior to opening of business, the applicant shall apply to obtain a Business Certificate
through the Customer Services Department of the City of Poway. Prior to a business
Certificate, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from the appropriate City departments will be required.
2. Any signs proposed for the thrift shop shall be designed in accordance with the Sign
Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for
signage shall be obtained prior to installation.
3. A solid gate shall be installed on the trash enclosure and the trash and recycling bins
shall be installed within the trash enclosure. Lids shall be provided on the bins or a
roof shall be installed over the trash enclosure. A roof over the trash enclosure will be
subject to a building permit.
4. Submit a landscape and irrigation plan to the Planning Division for review and approval
for the currently unplanted landscaping area adjacent to the screening wall along the
southeast corner of the property. The landscape plan shall at minimum include trees
20-30 feet on center depending upon the tree species selected to the satisfaction of
the Director of Development Services. The landscaping and irrigation shall be installed
per the approved landscape plan prior to opening of business.
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H. The following conditions shall be complied with to the satisfaction of the Fire Chief:
1. Display approved addresses in a location plainly visible and legible from the street or
roadway fronting the property from either direction of approach. Said numbers shall
contrast with their background and a size approved by the City.
2. Approved with the understanding that obstruction of Fire Department required Fire
Lanes is a violation of the PMC and is prohibited. Permanent access roadways for fire
apparatus shall be designated as `Fire Lanes' with appropriate signs and curb
markings.
3. A business access key shall be provided to the fire department to be secured in the
'Knox' Security Key Box attached to the main building. If a "Knox" Security Key Box
is not currently present one shall be required for the building at a location determined
by the City Fire Marshal.
4. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel
distance.
5. Rack storage in excess of eight feet in height requires a building department permit
for installation.
6. Approved with the understanding that the Fire Department shall perform a New
Business Fire & Life Safety Inspection at which time compliance with fire & life safety
codes shall be determined. This may require issuance of annual operating permits
per the PMC.
I. Upon establishment of the thrift shop, the following requirements shall apply:
1. Donations to the thrift shop shall be made by appointment only and donations shall be
brought into the facility for sorting. The "donation by appointment only" policy and the
availability of pick-up services shall be clearly displayed on the thrift shop website and
also displayed on a sign by each exterior door of the business.
2. No outdoor storage or display of merchandise will be permitted.
3. The parking areas and driveways shall be well maintained and free from debris.
4. The trash and recycling bins shall be located within the walled trash enclosure. Each
bin shall remain covered by a lid except when trash is being added or emptied or a
roof shall be installed over the trash enclosure.
5. The frequency of trash collection and size of trash bins shall be adjusted as needed to
ensure that trash in the trash bins is not visible above the trash enclosure walls.
6. All landscaped areas on-site and within the right-of-way fronting the property shall be
maintained in a healthy and thriving condition, free from weeds, trash and debris.
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.
7. The facility shall be operated in such a manner as to minimize any possible disruption
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by noise, and shall comply with the noise standards contained in Chapter 8.08 PMC.
At no time shall equipment noise from any source, exceed the noise standards
contained in the PMC.
8. 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.
SECTION 4: The approval of CUP 21-003 shall expire on June 15, 2023, at 5:00 p.m.
unless, prior to that time, the thrift shop has commenced operation in reliance on the CUP 21-
003.
SECTION 5: 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.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 15th day of June, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Vai.a Pa olas, C►. C, City Clerk