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,
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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
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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
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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
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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
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.,-....-
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
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. d A. Troyan, MMC, CIty Clerk
Cit of Poway