Res 22-011RESOLUTION NO. 22-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT (MCUP) 21-004 TO STORE TWO SEATAINERS AT
FIRE STATION 2 LOCATED AT 16912 WESTLING COURT;
ASSESSOR'S PARCEL NUMBER 277-171-03
WHEREAS, the Poway Fire Department submitted MCUP 21-004 to store two seatainers
that are eight feet wide by 20 feet long for storage of disaster preparedness supplies in the parking
lot of Fire Station 2 located at 16912 Westling Court within the Public Facility (PF) zone and the
Planned Community (PC) 4 zone (Old Coach Golf Estates Specific Plan (OCGESP) area);
WHEREAS, on June 1, 2010, the City Council approved MCUP 10-04 to allow a City -
owned seatainer containing emergency supplies to be stored at Community Church located at
13501 Community Road. Community Church agreed to store the seatainer as part of a five-year
commitment to be an emergency care and shelter location. Community Church has requested to
have the seatainer relocated elsewhere;
WHEREAS, on June 1, 2010, the City Council approved MCUP 10-05 to allow a Red
Cross seatainer containing emergency supplies to be stored at the Poway auto dealers' vehicle
storage lot located at 13875 Kirkham Way. The Red Cross seatainer was relocated to Fire Station
2 in 2014;
WHEREAS, on February 15, 2022, 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 a Class 11 Categorical Exemption, pursuant to Section 15311 (Accessory
Structures) of the CEQA Guidelines, in that the project involves the placement of accessory
structures (storage containers) in an existing fire station parking lot.
SECTION 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code
(PMC), to approve MCUP 21-004 to allow the storage of two seatainers, 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 a MCUP, and they are located in the rear of
the property, only partially visible from a small section of Espola Road just east of the
intersection of Westling Court, and will otherwise comply with all of the relevant codes and
standards of the City of Poway.
Resolution No. 22-011
Page 2
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. The seatainers are only partially visible from a short section of Espola
Road, east of Westling Court. They are otherwise screened by landscaping or the Fire
Station's building.
C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent
uses in that the placement of the seatainers do not exceed lot coverage and the 20-foot-
long seatainers are in scale with surrounding residential development.
D. There are adequate public facilities, services, and utilities available at the subject site to
serve the proposed use.
E. The storage containers have been sited to comply with the General Plan and PMC
standards. Conditions of approval are required of the seatainers 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 storage of the seatainers 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 seatainers are accessory structures placed in a parking lot that will contain
emergency supplies for evacuations.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the seatainers 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 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 21-004 as shown on the
approved site map stamped "Exhibit A" and dated February 15, 2022 on file in the Development
Services Department, except as noted herein and subject to the following conditions:
A. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped as "Exhibit A" and dated January 18, 2022
on file in the Development Services Department. The seatainers will be situated there on
a permanent basis until they are requested to be relocated or other means of storage are
found. 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
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Page 3
Development Services finds that the proposed changes do not substantially conform to
approved plans.
B. 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.
C. Prior to building permit issuance and continued use of the seatainers, unless other timing
is indicated, the following conditions shall be complied with:
(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.
(Planning)
2. 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.
D. Compliance with the following conditions is required prior to building permit final:
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.
E. Upon establishment of use, the following conditions shall apply:
1. MCUP 21-004 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. 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.
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Page 4
7. 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.
8. The operator of the facility shall routinely and regularly inspect the site to ensure
compliance with the standards set forth in this approval.
9. 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.
10. 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.
11. 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.
SECTION 5: The approval of MCUP 21-004 will expire on February 15, 2024 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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Resolution No. 22-011
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PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 15th day of February, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
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Carrie Gallagher, CMC, City
erk
'Sieve Vaus, Mayor