Res P-07-25
RESOLUTION NO. P-07-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW (DR) 96-05R
ASSESSOR'S PARCEL NUMBER 317-473-19
WHEREAS, Development Review 96-05R, San Diego National Bank, Applicant:
A request for approval of a Lighting Exemption Permit to allow high-pressure sodium light
fixtures for security at the A TM when the Poway Municipal Code standards require the
use of low-pressure sodium lighting. The property is located at 13395 Poway Road,
within the Town Center zone; and
WHEREAS, on June 5, 2007, 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 Councill of the City of Poway
as follows:
Section 1: The 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 project involves negligible or no expansion of an existing
use in a developed commercial center.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal
Code (PMC), for DR 96-05R to install a new walk-up ATM for San Diego National Bank
and high-pressure sodium lights on property located at 13395 Poway Road, in the Town
Center zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
walk-up ATM is in accord with the title and purpose of PMC Chapter 17.52
(Development Review Regulations), the City General Plan, and the development
policies and standards of the City in that the facility has been designed and sited
such that it will not result in visual impacts to the surrounding: community.
B. The location, size, design, and operating characteristics of the proposed walk-up
A TM and high-pressure sodium lights will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources in that the facility has been designed and sited
such that it will not result in visual impacts to the surrounding community. The
walk-up ATM has been designed so that adequate parking and access is
available, and will not impede vehicular traffic in the center.
C. The proposed walk-up A TM is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the proposed facility
functions as if it were ancillary equipment to the existing building.
Resolution No. P-07-25
Page 2
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed walk-up ATM.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed walk-up ATM and high-pressure sodium
lighting has been designed and sited such that it will not result in a visual impact to
the surrounding community, and the facility will comply wi~h the PMC in that the
lighting will be designed to not spill over onto neighboring properties. The high-
pressure sodium lighting is needed to meet state requirements for nighttime
illumination in the vicinity of ATM machines for safety and security of people using
the ATMs.
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 current bank employees will service the proposed walk-up ATM. Many
of the walk-up ATM users are already patrons of the bank, so no additional traffic
impacts are anticipated.
G. The site is suitable for the type and intensity of use or development which is
proposed in that the proposed walk-up A TM, will enhance banking opportunities in
the City. The high-pressure sodium lighting proposed will allow for safe access to
the ATM during evening hours.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed walk-up A TM is located on a developed property
and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed walk-up
ATM that cannot be mitigated in that the facility will comply PMC Chapter
17.10.150.H in that adequate parking is available and the lights will be screened
so that light will be directed away from streets and adjoining properties.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed walk-up ATM will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
visual impacts.
K. The proposed walk-up ATM will comply with all the applicable provisions of PMC
Chapter 17.48 in that the facility has been designed and sited such that it will not
result in visual impacts.
Section 3: The findings, in accordance with PMC Section 17.10.150.H.3, for DR
96-05R to install high-pressure sodium lighting for San Diego National Bank located at
13395 Poway Road, in the Town Center zone, are made as follows:
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A. California Financial Code Section 13000 et seq. sets specifications for lighting of
ATM machines that exceed the capability of low-pressure sodium lighting;
therefore, the installation of high-pressure sodium lighting Is needed to meet the
lighting levels required. This lighting will provide a walk-up ATM with safe access
for San Diego National Bank customers and other ATM users, while meeting state
and local requirements.
Section 4: The City Council hereby approves DR 96-05R to install high-pressure
sodium lighting for San Diego National Bank, located at 13395 Poway Road, as shown
on the plans dated April 20, 2007, subject to the following conditions:
A. Approval of this DR 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.
B. 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 a Covenant Regarding Real Property.
C. 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.
D. The conditions of DR 96-05R shall remain in effect for the life of the subject
business, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. The high-pressure sodium lighting is only being approved for the ATM lighting
requirements. The ATM shall be removed in a reasonable amount of time, as
determined by the Director of Development Services, if the bank is no longer a
financial institution and/or the ATM is no longer needed. At such a time when the
ATM is removed, the high-pressure sodium lighting approved with this DR shall
be removed or replaced with low-pressure sodium lighting.
F. The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated April 20, 2007) and the
conditions contained herein and conducted pursuant to the project
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description on file with the City. A final inspection from the Planning
Division will be required.
3. The Building Permit plans shall include details about the installation of the
ATM.
4. The Building Permit plans shall include detailed information about proposed
lighting for the building and the parking lot (Le., height, material, wattage,
and type of light, etc.).
5. All outdoor lighting shall be shielded or directed so that no light spillage
shall encroach onto adjoining properties, or onto Poway Road or
Community Road.
6. All exterior lighting shall be fixed so that light rays el1'litted by the fixture are
projected below the imaginary horizontal plane passing through the lowest
point of the fixture an in such a manner that the light is directed away from
streets and adjoining properties.
G. Upon establishment of the walk-up ATM and high-pressure sodium lights,
pursuant to DR 96-05R, the following shall apply:
1. 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. The
areas around the walk-up ATM shall be kept clean and orderly, and shall
maintain an attractive appearance.
2. 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.
3. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
4. Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance.
Section 5: The approval of DR 96-05R shall expire on June 5. 2009. at 5:00 p.m.,
unless, prior to that time, the conditions above have been completed in reliance on the
DR approval and the use has commenced prior to its expiration.
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Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of June 2007.
ATTEST:
~~
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-07-25, was duly adopted by the
City Council at a meeting of said City Council held on the 5th day of June 2007, and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE