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Res P-09-08 RESOLUTION NO P-09-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 08-07 ASSESSOR PARCEL NUMBERS 275-780-01, 02, and 03 WHEREAS, Health Care Property Investors, Inc" Owner, requests approval to establish a mobile Magnetic Resonance Imaging (MRI) unit in the northeast corner of the parking lot at the Gateway Medical Center for approximately four to six months, The property is located at 15721-25 Pomerado Road and is in the Commercial Office (CO) zone, and WHEREAS, on March 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 CUP 08-07 to install a 384-square-foot mobile MRI unit at an existing medical center located at 15721-25 Pomerado Road, within the Commercial Office (CO) 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 1748 PMC (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the proposed installation is allowed with a Conditional Use Permit. The mobile MRI unit 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 unit. B 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, structures, or natural resources in that the facility is zoned for the use and has been designed to comply with City development standards Additionally, the mobile MRI unit will not be visible from Pomerado Road and a grade difference from the property to the east of approximately four feet will reduce the visibility of the unit from the senior residential area to the east (Los Arcos Senior Apartments) Resolution No P-09-08 Page 2 C The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the unit will be located in the parking lot of a medical center on a temporary basis, 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 mobile MRI unit will be located in the parking lot of the medical center 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 City Council hereby approves CUP 08-07, to install a 384-square- foot mobile MRI unit at an existing medical center located at 15721-25 Pomerado Road, within the Commercial Office (CO) zone, as shown on plans dated November 26, 2008, subject to the following conditions A Approval of this 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 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 terms and conditions of Conditional Use Permit 08-07 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 Resolution No P-09-08 Page 3 E, 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. (Building) 2. Disabled access requirements prohibit an accessible path of travel to pass behind parked vehicles It may be necessary to designate some adjacent parking spaces as accessible parking spaces, (Safety Services) 3 The 8-foot x 48-foot x 13 5-foot mobile MRI unit shall be located per plan submittal. 4 Minimum 2A.10BC fire extinguishers required for every 3,000 square feet and 75 feet of travel distance 5 The building shall be accessible to Fire Department apparatus by way of access roadways with an 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-foot, 6-inch vertical clearance 6 Permanent access roadways for fire apparatus shall be designated as Fire Lanes with appropriate signs and curb markings 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: 1 The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein, Resolution No P-09-08 Page 4 2, The developer shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements on Pomerado Road or Gateway Park Road caused by construction activity from this project. 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 5 The facility shall be operated in such a manner as to minimize any possible disruption caused by noise At no time shall noise from any source exceed the noise standards contained in the Poway Municipal Code Section 4 The approval of CUP 08-07 shall expire on AUQust 31 , 2009, at 5:00 p,m unless an extension request has commenced prior to its expiration, The Director of Development Services may grant up to a one-year time extension Resolution No P-09-08 Page 5 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of March 2009 U \\ ~ ()\^.. l ~ Don Higginson, Deputy ayor ATTEST -- ./ , Troyan, MMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-09-08, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of March 2009, and that it was so adopted by the following vote AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD NOES NONE ABSENT CAFAGNA DISQUALIFIED' NONE ./