Res 22-084RESOLUTION NO. 22-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 21-004 TO ALLOW THE EXPANSION TO AN EXISTING
VETERINARY CLINIC; ASSESSOR'S PARCEL NUMBER 314-
710-30
WHEREAS, Conditional Use Permit (CUP) 21-004, submitted by Whitney Hodges,
applicant, and PetVet Care Centers Management, LLC, property owner, requests approval to
allow the expansion of an existing veterinary clinic located at 14861 Pomerado Road in the
Commercial General (CG) zone;
WHEREAS, on July 16, 2013, the City Council adopted Resolution No. P-13-17 to
establish a veterinary clinic within an existing commercial building located at 14861 Pomerado
Road in the Commercial General (CG) zone;
WHEREAS, on November 15, 2022, the City Council held a duly advertised public meeting
to solicit comments from the public, both for and against, relative to this application;
WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings
required for granting a Conditional Use Permit; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
Conditional Use Permit request and has considered other evidence presented at the public
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA) as a Class 3 Categorical Exemption (Conversion of Small Structures),
pursuant to Section 15303(c) of the CEQA Guidelines, in that the project involves a conversion of
an existing suite to accommodate a 1,500-square-foot expansion to an existing veterinary clinic
which does not exceed the 2,500-square-foot limit under this exemption.
SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve
CUP21-004, are made as follows:
A. The location, size, design and operating characteristics of the use and expansion 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 total number of parking spaces within Twin Peaks Plaza accommodate the
enlargement of the existing veterinary use with no change in use or operation from the
previously approved CUP.
B. The expansion to the veterinary clinic will be conducted underroof consistent with the
previously approved CUP; therefore, the location, size, design, and operating
characteristics of the expansion will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, people, buildings, structures, or natural resources.
Resolution No. 22-084
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C. The expansion to the veterinary clinic is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the use will be operating within the
existing commercial building located in a developed commercial center. No changes to
the building exterior are proposed.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the expansion of the veterinary clinic.
E. The expansion to the veterinary clinic will occur inside an adjacent suite within the existing
commercial building; therefore, there will be no visible changes to the developed site that
would cause harmful effect upon desirable neighborhood characteristics.
F. The generation of traffic will not adversely impact the capacity and physical character of
the surrounding streets and/or the Circulation Element of the General Plan in that there
will be no increase in traffic based upon the expansion of the use.
G. The expansion to the veterinary clinic will operate in accordance with the previously
approved CUP and is located on a site with adequate parking to accommodate the
expansion; therefore, the site is suitable for the type and intensity of use and development
which is proposed.
H. The expansion to the veterinary clinic will occur within an existing building located on a
fully developed site with no natural habitat; therefore, there will not be significant harmful
effects upon environmental quality and natural resources.
There are no relevant negative impacts of the proposed expansion that cannot be
mitigated.
That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics of the expansion 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, in that the site has adequate parking to
accommodate the expansion of the veterinary clinic and all activities will occur within the
existing commercial building.
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 21-004 as shown on the floor plan
and site plan incorporated herein by reference and stamped as "Exhibit A" and dated June 6,
2022 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.
Resolution No. 22-084
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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.
B. Approval of this CUP shall apply only to the subject project and shall not waive compliance
with all other 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 reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 21-004 shall remain in effect for the life of the subject structure and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. Conditional Use Permit 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.
G. The project shall comply with all conditions of approval established under CUP13-004,
unless otherwise modified or superseded by these Conditions of Approval contained
herein shown in underline / strikeout format, as determined by the Director of Development
Services.
H. The facility shall be operated in such a manner that it does not create odor in such
quantities as to be readily detectable beyond the boundaries of the site.
The applicant shall obtain a Building Permit associated with the existing 1,500-square-foot
expansion. Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1. The applicant shall comply with the latest adopted building and electric codes,
and all other applicable codes and ordinances in effect at the time of the Building
Permit issuance.
2. The site shall be developed substantially in accordance with the approved plans
on file in the Development Services Department and the conditions contained
herein to the satisfaction of the Director of Development Services.
(Engineering)
3. Easements within the project boundary shall be shown on the building plans and
include document number and recording information.
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4. The applicant will be required to install trash treatment control devices inside all
existing private storm drain grated inlet structures onsite. Please call out the
proposed devices on the building plans.
5. A recorded Storm Water Trash Management Facilities Maintenance Agreement,
perpetual maintenance of facilities and an easement granted to the City will be
required. Acceptable devices can be found at https://poway.org/963/Stormwater-
Forms.
Prior to issuance of a Certificate of Occupancy:
(Planning)
1. The applicant shall schedule a final planning inspection.
(Engineering)
2. The stormwater facilities shall be complete and operational prior to occupancy.
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.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire
Department:
Approved numbers or addresses shall be placed in a location plainly visible and
legible from the street or roadway fronting the property from either direction of
approach.
2. Fire Department access for use of firefighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed.
3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
4. The existing fire sprinkler system in 14861 shall remain operational at all times.
The fire sprinkler system in 14867 shall be evaluated for adequate coverage
following an unpermitted tenant improvement. During approved periods of time
when the system is out of service, a Fire Department approved Fire Watch shall
be established and maintained. Contact the Fire Marshal at (858) 668-4462 to
discuss the existing fire sprinkler system.
5. The building fire sprinkler system shall meet Poway Municipal Code requirements.
The entire system is to be monitored by a central monitoring company and
backflow valve assemblies with tamper switches shall be monitored. Relocation,
addition, or removal of seven or more sprinkler heads shall require a separate plan
submittal and approval by the Fire Department.
Advisory- The applicant is encouraged to evaluate the underground components
of the fire sprinkler system. The City of Poway requires that anytime an
underground water supply system for an existing fire protection system fails,
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including maintenance, testing, and seismic failures, the fire protection system
shall be retrofitted with backflow protection devices.
6. The building's automatic fire alarm system shall meet Poway Municipal Code
requirements. A properly licensed contractor shall install/modify the automatic fire
alarm system to approved standards. System shall be completely monitored by a
U.L. listed central station alarm company or proprietary remote station. A separate
plan submittal and approval by the Fire Department is required.
7. 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet
and 75 feet of travel distance.
8. Open doors shall not block hallway egress.
SECTION 4: 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 November, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk