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Res P-09-05 RESOLUTION NO P-09-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 08-02 ASSESSOR PARCEL NUMBER 317-280-56 WHEREAS, Timothy A. Bunch, Applicant and Gary Ingoglia, for Delta Designs, Inc., Owner, have submitted a request for approval of a Minor Conditional Use Permit (MCUP) to install a steel storage container at an existing industrial business at 12365-67 Crosthwaite Circle, within the Industrial Park (IP) Land Use Designation in the Planned Community (PC) zone, and WHEREAS, on February 3, 2009, 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 This 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 a negligible expansion of the use at an existing industrial business. Section 2: The findings, in accordance with Section 17 48 070 of the Poway Municipal Code (PMC), for MCUP 08-02 to install a steel storage container at an existing industrial business at 12365-67 Crosthwaite Circle, within the Industrial Park Land Use Designation in the Planned Community zone, are as follows. A. The location, size, design, and operating characteristics of the proposed installation are in accord with the title and purpose of Chapter 17 48 PMC (Conditional Use Permit Regulations), the South Poway Specific Plan (SPSP), the City General Plan, and the development policies and standards of the City in that the proposed installation is allowed with a Minor Conditional Use Permit. The storage container has been sited such that it will be compatible with the surrounding development. Additionally, no parking or landscaping will be removed with the installation of the storage container 8 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, buildings, structure, or natural resources in that the facility is zoned for the use and has been designed to comply with City development standards. Additionally, the storage container will not be visible from Crosthwaite Circle and a large hill screens any views from the residential areas to the northeast. Resolution No P-09-05 Page 2 .~ The proposed use is in harmony with the scale, bulk, coverage, and density of, v ana is consistent with, adjacent uses in that all material will be stored inside of the container as required under the SPSP and the container will be painted to match the existing building. D There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use E. There will not be a harmful effect upon the surrounding property characteristics in that the storage container will be adjacent to the building and equipment will be stored indoors as required under the SPSP Therefore, there will not be a harmful effect upon desirable neighborhood characteristics F The project will not increase traffic since it is a component of the existing use Therefore, 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. G There will not be significant harmful effects upon environmental quality and natural resources in that the site proposed for the expansion has been previously graded and contains no natural habitat resources Section 3 The findings in accordance with Government Code Section 66020 for the public improvements are made as follows A. The design and improvements of the proposed development are consistent with all elements of the General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. Section 4. The City Council hereby approves MCUP 08-02, to install a 320-square- foot steel storage container at an existing industrial business at 12365-67 Crosthwaite Circle, within the Industrial Park Land Use Designation of the Planned Community zone, as shown on plans dated November 18, 2008, subject to the following conditions: A. Approval of this Minor Conditional Use Permit 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. 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) a deed covenant with these conditions of approval shall be recorded on the property Resolution No. P-09-05 Page 3 ~ The use conditionally granted by this approval shall not be conducted in such a v manner as to interfere with the reasonable use and enjoyment of surrounding uses. D The terms and conditions of Minor Conditional Use Permit 08-02 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts E. Minor Conditional Use Permit 08-02 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 occurred during the past year F Prior to the issuance of a Building Permit and/or during construction, the applicant shall: (Engineering) 1 No private improvements shall be placed or constructed within public street rights-of-way or City easements unless the following are satisfied: a. An Encroachment Maintenance and Removal Agreement has been executed by the developer/owner and subsequently approved by the City; or b Approval of grading or improvement plans, on which a Right-of- Way Permit has been issued for the private improvements to be constructed The City, however, reserves the right to require the execution of an Encroachment Maintenance and Removal Agreement. (Planning) 2. The storage container shall be painted to match the existing building. A note shall be placed on building plans noting this requirement. (Safety Services) 3 The 8-foot x 40-foot x 8,5-foot steel storage container shall be located per plan submittal. 4 The storage container shall not obstruct, in any fashion, existing exiting doors, openings or access to the public right-of-way 5 The storage container shall not obstruct required fire lanes surrounding the existing structure Resolution No P-09-05 Page 4 6 The north side of the storage container shall be signed "no parking fire lane" with a 6-inch red stripe painted on the pavement surface directly adjacent to the steel structure The striping shall be clearly visible to vehicular traffic. G Prior to obtaining final inspections from the City and/or the release of performance and payment securities, the applicant shall comply with the following. < The site shall be developed in accordance with the approved site plans on I file in the Development Services Department and the conditions contained herein. 2 The developer shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements on Crosthwaite Circle caused by construction activity from this project. 3 The seatainer shall be painted to match the building H Upon establishment of the use, 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. 2. All lighting fixtures shall be maintained such that they reflect light downward and away from any road or street. 3 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. 4 All landscaping shall be adequately irrigated and maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. 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 a strong and healthy trunk and branch system. Tree maintenance and pruning shall be in accordance with the "American National Standard for Tree Care Operations" latest edition (ANSI A300) Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface Section 5 The approval of MCUP 08-02 shall expire on Februarv 3, 2011 , at 5:00 pm. unless, prior to that time, a Building Permit has been issued and construction Resolution No P-09-05 Page 5 on the property in reliance on the MCUP approval has commenced prior to its expiration. Section 6 Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of dedications of easements imposed pursuant to this approval shall begin on February 3, 2009 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of February 2009 Mayor ATTEST -~~. - .,-....- Inda . Troyan, MMC, City Clerk Resolution No P-09-05 Page 6 STArE Of" CALIFORNIA ) ) SS COIJN"'!"Y OF SAN DIEGO ) :, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under th(~ penalty of perjury, thaI the foregoing Resolution No P-09-05, was duly adopted by th~ City Council at a meeting of said City Council held on the 3rd day of February 2009, and that it was so adopted by the following vote. AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE ~ . d A. Troyan, MMC, CIty Clerk Cit of Poway