Res P-08-03
RESOLUTION NO P-08-03
A RESOLUTION OF Tl-JECITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 95-02M(2)
ASSESSOR'S PARCEL NUMBER 317-101-42 & 43
WHEREAS, Minor Conditional Use Permit (MCUP) 95-02M(2), submitted by John
Lively, Applicant, requests a modification to a Minor Conditional Use Permit to construct a
46-space parking lot on the west side of the Lively Center located at 13266 Poway Road,
in the Town Center zone, and
WHEREAS, on February 5, 2008, 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 of the City of Poway as
follows
Section 1 The City Council finds that Minor Conditional Use Permit 95-02M(2) is
Categorically Exempt as a Class 32 Categorical Exemption, pursuant to Section 15332 of
the CEQA Guidelines (In-fill development), in that the project is less than five acres in size,
contains no rare or endangered plant or animal species, is consistent with General Plan
policies, and will not result in any significant noise, air or water quality impacts
Section 2: The findings, in accordance with Section 1748070 of the Poway Municipal
Code for MCUP 95-02M(2) to modify a Minor Conditional Use Permit to allow the
construction of a 46-space parking lot in the Lively Center at 13266 Poway Road, in the
Town Center zone, are made as follows
A The proposed parking lot expansion area will be used during the operating hours of
the Poway Academy of Hair Design, and will otherwise comply with all of the
relevant codes and standards of the City of Poway The proposed parking lot use is
considered to be an allowable use in the Town Center zone, with the approval of a
Minor Conditional Use Permit. Therefore, the proposed location, size, design and
operating characteristics of the proposed use are in accord with the title and
purpose of Section 1748070 of the Poway Municipal Code, the purpose of the
zone in which the site is located, the City General Plan, the Poway Road Specific
Plan, and the development policies and standards of the City; and
B The location and design of the proposed parking lot will not create a negative visual
impact on surrounding properties since it will remove a blighted condition, involve
only minor grading, will be closed each evening, and a majority of the parking
spaces will not face the adjacent single family homes. Therefore, 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, residents,
buildings, structures, or natural resources, and
C The parking lot expansion is located in a small, undeveloped corner of the Lively
Center and will serve as overflow parking to the existing main parking lot, thus
Resolution No P-08-03
Page 2
requiring only minor grading and paving. Therefore, the harmony in scale, bulk,
coverage and density of the project is consistent with adjacent uses, and
D There are public facilities, services and utilities available, and
E. The proposed parking lot will be located within an existing shopping center and will
provide additional parking for an existing use Therefore, there will not be a harmful
effect upon desirable neighborhood characteristics, and
F The project will not increase traffic Therefore, the proposed parking lot will not
adversely impact the capacity and physical character of surrounding streets and/or
the circulation element of the General Plan, and
G The project is located in a large shopping center (characteristic of its neighborhood),
which provides adequate parking and on-site circulation. The proposed parking lot
expansion enhances parking opportunities within the Center Therefore, the site is
suitable for the type and intensity of use or development that is proposed, and
H There are no identified sensitive or endangered plants or animal species on site.
The project is designed to incorporate Standard Urban Stormwater Management
Program requirements to protect water Therefore, there will not be significant
harmful effects upon environmental quality and natural resources, and
I There are no other relevant negative impacts of the proposed use that cannot be
mitigated, and
J The project will pave an undeveloped corner of the property to create more on-site
parking spaces. The proposed use is an allowable use in the Town Center zone
Therefore, the impacts, as described above, and the proposed location, size, design
and operating characteristics of the proposed use and the conditions under which it
would be operated or maint?ined 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, and
K. That the proposed conditional use will comply with each of the applicable provisions
of Section 1748 070 of the Poway Municipal Code
Section 3 The City Council hereby approves MCUP 95-02M(2) to construct a 46-space
overflow parking lot in the Lively Center at 13266 Poway Road, in the Town Center zone,
as shown on the plans dated July 17, 2007, subject to the following conditions
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
Resolution No P-08-03
Page 3
B Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been re?d 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
commercial uses
D The conditions of MCUP 95-02M(2) shall remain in effect for the life of the subject
property and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner
E. MCUP 95-02M(2) 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 conditions of MCUP 95-02, as contained in Resolution P-95-21, shall remain in
effect and shall be complied with
G The conditions of MCUP 95-02M, as contained in Resolution P-01-01 shall remain
in effect and shall be complied with.
H Prior to issuance of a Grading Permit, the applicant shall complete the following:
(Enqineerinq)
1 A grading plan for paving of the lot prepared on a City of Poway standard
mylar at a scale of 1" = 20', shall be submitted along with a Grading Permit
application and applicable fees to the Development Services Department -
Engineering Division for review and approval A grading plan submittal
checklist is available at the Engineering Division front counter As a
minimum, the grading plan shall show the following
a. All new slopes with a maximum 2.1 (horizontal to vertical) slope Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open space areas and property lines Buildings shall be
located at least five feet from tops and toes of slopes, unless waived
by the Planning Division and/or Engineering Division prior to issuance
of a Grading Permit.
b Paving of the parking lot shall conform to the standards set forth in
Section 12.20 080 of the Poway Municipal Code
c. A separate erosion control plan for prevention of sediment run-off
during construction.
Resolution No P-08-03
Page 4
d. All utilities (proposed and existing), together with their appurtenances
and associated easements Encroachments are not permitted upon
any easement without an approved Encroachment Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f A soils/geological report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted
with the grading plans
g. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be
capable of handling and disposing all surface water within the project
site and all surface water flowing onto the project site from adjacent
lands Said system shall include all easements required to properly
handle the drainage Concentrated flows across driveways are not
permitted.
2. The drainage design on the grading plans sh~1I demonstrate compliance with
the City's Standard Urban Storm water Mitigation Program (SUSMP)
Ordinance
3 The applicant shall pay all applicable engineering, plan checking, permit, and
inspection fees.
4 Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum of $2,000 cash security deposit is required
5 The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines
a. Provide an onsite de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained.
b Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad
Resolution No P-08-03
Page 5
6 Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices throughout
their intended life
7 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading As a minimum, all
protected areas as shown on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected areas are staked In
accordance with the approved project plans
8 The site shall be developed in accordance with the approved site plans and
conditions of approval on file in the Development Services Department and
the conditions contained herein. Grading shall be in accordance with the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City
9 Submit landscape and irrigation plans to the Planning Division for review and
approval consistent with the City of Poway Guide to Landscape
Requirements to the satisfaction of the Director of Development Services.
The landscape and irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted A plan check review fee is
required at the time of initial submittal of the plans
10 A Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held easements
11 The project applicant shall execute and record a maintenance agreement for
maintenance of the Best Management Practices devices as required by the
SUSMP
I Prior to establishing use of the site, the applicant shall comply with the following
(Engineering)
1 Paving of the lot is to be completed and meet the approval of the City
Inspector, and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
b A final compaction report for review and approval by the City
Resolution No Pc08-03
Page 6
2. No private improvements shall be placed or constructed within public street
rights-of-way or City-held easements unless anyone of the following is
satisfied:
a. An Encroachment Permit has been issued by the City for the
improvements, or
b An Encroachment Removal Agreement has been executed by the
developer/owner and subsequently approved by the City; or
c. Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private improvements to be
constructed
3 Paving, drainage facilities, and utilities shall be constructed, completed, and
inspected by the Engineering Inspector
4 The applicant shall repair any and all damages to the streets caused by
construction activity from this project to the satisfaction of the City Engineer
5 Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16 52 130B of the Grading Ordinance Record drawings shall be submitted
in a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities
6 Parking lot lighting for the new parking lot shall be low-pressure sodium and
shielded to protect adjoining residents from light glare, and placed on timers
and light motion sensors to preclude their use past 11'00 p.m. or the close of
the beauty college, whichever comes first. The applicant shall submit a
lighting plan for the parking lot for approval by the Director of Development
Services
7 The applicant shall provide a striping plan that adequately portrays the
location and drive path to access the overflow parking lot from the main
shopping center parking lot.
8 The applicant shall construct a traffic calming device near the entrance to the
parking lot subject to the approval of the City Engineer
9 All utilities associated with the lighting of the new parking lot must be placed
underground
10 A landscape plan shall be submitted, and approved by the City, that will
provide a screen of the west facing open storage area of the mini-storage
facility from the single-family homes to the west.
Resolution No P-08-03
Page 7
11 Concrete block retaining walls shall not exceed six feet in height.
12. 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
13 The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required
(Fire)
14 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
15 Turnaround capability for fire apparatus shall be provided at the north end of
the parking lot.
16 The parking area shall be accessible to Fire Department apparatus by way of
access roadways with all-weather driving surface of not less than 20 feet of
unobstructed width, with adequate roadway turning radius capable of
supporting the imposed loads of fire apparatus having a minimum of 13'6" of
vertical clearance This 20-foot access width is the minimum required for
Fire Department emergency access In most cases, City Engineering
standards will be more restricting. The more restrictive standard shall apply
The City Engineer, pursuant to the City of Poway Municipal Code, shall
approve the road surface type
J Upon establishment of the use in reliance upon this Minor Conditional Use Permit,
the following conditions shall apply'
1 The hours of operation of the parking lot shall be consistent with "those of the
Poway Academy of Hair Design as specified in Resolution P-07 -24
2. The new parking lot shall be c1ose-d and gated each evening with the close of
the Poway Academy of Hair Design
3 In the event of a large rainstorm that could potentially cause drainage waters
to overflow into the proposed parking lot, the property manager or a school
employee shall close and gate the parking lot to preclude its use.
4 The parking lot lights shall be turned off by 11'00 p.m. Monday through
Friday and by 530 p.m. on Saturday There shall be no lights on Sunday
Minor, temporary modifications to these hours will be considered for special
events only and may be approved by the Director of Development Services
upon submittal of a written request.
Resolution No P-08-03
Page 8
Section 4 The approval of MCUP 95-02M(2) shall expire on Februarv 5, 2010. at
5:00 p.m. unless, prior to that time, a Grading Permit has been issued and construction on
the property in reliance on the MCUP approval has commenced prior to its expiration.
Section 5 Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on February 5, 2008
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 5th day of February 2008
Bob Emery, Deputy May
ATTEST
~~
L. Di ne Shea, City Clerk
Resolution No. P-08-03
Page 9
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No P-08-03 was duly adopted by the City Council at
a meeting of said City Council held on the 5th day of February 2008, and that it was so
adopted by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
DISQUALIFIED NONE
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City of Poway