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 \\ ~
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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
./