Res P-04-57
RESOLUTION NO. P-04-57
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-12
ASSESSOR'S PARCEL NUMBER 317-280-82
WHEREAS, Minor Conditional Use Permit (MCUP) 04-12 was submitted by Winston
Bautista, Applicant/Home Depot, Owner, to allow for a permanent outdoor display area in
the front of the store and to allow and increased area for display and different goods will be
displayed than those listed in Outdoor Display ordinance, it is located at 12175 Tech
Center Drive in the South Poway Commercial (SPC) zone; and
WHEREAS, on June 19, 2001, the City Council approved Ordinance No. 540 which
set guidelines and permit processes for outdoor display of merchandise in the City's
commercial zones; and
WHEREAS, on August 31, 2004, 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 ofthe City of Poway as
follows:
Section 1: The City Council finds that Conditional Use Permit 04-12 is exempt from the
provisions of the California Environmental Quality Act (CEQA), as a Class 1 Categorical
Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project is an
outdoor display area that involves negligible expansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 04-12 to allow for a permanent outdoor display area in the front of the
store located at 12175 Tech Center Drive in the South Poway Commercial (SPC) zone, are
made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
outdoor display area are in accord with the title and purpose of Chapter 17.48 of the
Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the
South Poway Commercial zone, the City General Plan, and the development
policies and standards of the City in that the outdoor display area 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 outdoor
display area will be compatible with and will not adversely affect or be materially
detrimental to, adjacent uses, residents, buildings, structure, or natural resources in
that the outdoor display area has been designed and located within the existing
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overhang of the existing retail store, and as such, it will not result in visual impacts
to the surrounding community.
C. The proposed outdoor display area is in harmony with the scale, bulk, coverage,
and density of, and is consistent with, adjacent uses.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed outdoor display area of the existing retail use.
E. 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 the proposed outdoor display area is an accessory use to the existing
Home Depot business.
F. The site is suitable for the type and intensity of use or development, which is
proposed in that the proposed outdoor display area will enhance the exterior of the
existing store, it provides additional drive-by business for the retailer, and is a
permitted use under Chapter 17.10.190 of the Poway Municipal Code.
G. There will be no significant harmful effects upon environmental quality and natural
resources in that the proposed outdoor display area is located on a developed
property and does not involve the removal of natural habitat resources.
H. That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed outdoor display area 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 and will comply with Building and Fire existing requirements.
I. The proposed outdoor display area will comply with all the applicable provisions of
Chapter 17.48 of the Poway Municipal Code in that the display area has been
designed and located such that it will not result in visual impacts, and it will comply
with existing requirements and with outdoor display standards for high-quality,
attractive, commercial development.
Section 3: The City Council hereby approves MCUP 04-12 to allow for a permanent
outdoor display area in the front of the store located at 12175 Tech Center Drive in the
South Poway Commercial zone (SPC), as shown on the plans dated June 16, 2004, as
revised per the following:
A. Approval of this MCUP 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:
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1. The applicant shall submit in writing that all conditions of approval have been
read and understood.
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 MCUP 04-12 shall remain in effect until the subject outdoor
display area is removed.
E. MCUP 04-12 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. The applicant shall provide and maintain the following improvements to the
satisfaction of the Director of Development Services until such time as the outdoor
display area is removed:
1. Outdoor display areas shall be established and maintained in accordance
with the approved site plan on file. A minimum 5-foot aisle width adjacent to
the curb must be maintained, and a minimum of 4 feet of access must be
maintained around pillars.
2. The outdoor display areas shall be striped with a yellow stripe, 3 inches wide,
on the pavement so that the allowed outdoor display areas and pedestrian
walkways are maintained as approved with this MCUP, to the satisfaction of
the Director of Development Services. The striping shall be maintained
regularly as long as area is used for outdoor display.
3. The outdoor display area shall not impede vehicular sight distance and
driveway access.
4. The outdoor display area shall not obstruct any landscape areas, parking
spaces, or interfere with any official notice or public safety signs or devices.
5. Display merchandise and products shall be limited to those normally
associated with the primary retail user, and the display of junk is prohibited.
Items such as plants, planters, tools, appliances, hardware, building
materials and seasonal items may be displayed, or as per list attached to
report.
6. All display areas and related enclosure shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
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possible so as to minimize occurrences of dangerous conditions or visual
blight.
7. Display areas shall be kept clean and orderly and shall maintain an attractive
appearance. No item shall be displayed in a manner that is unsightly or
creates any other conditions that are detrimental to the appearance of the
premises or any surrounding property, or in any other manner that is
detrimental to the public health, safety or welfare, or causes a public
nuisance.
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.
9. 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 approval.
10. Emergency vehicle access to any fire hydrant, entry or exit way, or fire
sprinkler system connection must not be blocked by merchandise.
12. Temporary display of products in the parking lot is not approved under this
application. Requests for approval for temporary outdoor display of products
are processed, pursuant to Chapter 17.26 of the Poway Municipal Code,
under a separate Temporary Use Permit. Requests shall be accompanied
by detailed information on the type and location of outdoor display.
13. No display items, shelves, support mechanisms or similar items may be
attached to the building fa<;:ade.
14. No bleachers may be installed in the front of the store or in the Outdoor
Display areas. No classes may be conducted in the Outdoor Display area.
15. The outdoor display area is limited to the areas immediately adjacent to the
building, no other locations may be used for outdoor display, without the
approval of a Temporary Use Permit.
Section 4: The owner of the outdoor display merchandise shall remove all ofthe materials,
equipment, and associated structures, approved pursuant to this permit within 60 days of
ceasing operation of the permanent outdoor display area or the retail use.
Section 5: The approval of MCUP 04-12 shall expire on August 31 , 2006, unless, prior to
that date, the use is established in conformance with the conditions of this permit.
Section 6: The Outdoor Display Permit shall automatically terminate for any violations to
the terms of the permit and Section 17.10.190 of the Poway Municipal Code if a Notice of
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Violation has been issued and the applicant fails to comply with said notice. In the event
the permit is terminated due to a violation, the applicant may not reapply for an Outdoor
Display Permit anywhere in the City for a one-year period following the date of compliance
pursuant to the Notice of Violation.
Section 7: This Outdoor Display Permit shall terminate upon the change of occupancy or
failure to renew a Business Certificate without written notice required.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31st day of August 2004.
Michael P. Cafag
ATTEST:
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-04-57 , was duly adopted by
the City Council at a meeting of said City Council held on the 31 st day of August 2004, and
that it was so adopted by the following vote:
AYES: EMERY, GOLD BY , HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE