Res P-10-09RESOLUTION NO. P -10 -09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 10 -01
AND DEVELOPMENT REVIEW 10 -02
ASSESSOR'S PARCEL NUMBER 314 - 193 -50
WHEREAS, the City of Poway has submitted a request for approval of an
Environmental Assessment, Conditional Use Permit (CUP) and Development Review
(DR) to construct a Veterans Park located at 14135 Midland Road, in the Old Poway
Specific Plan area and in the Open Space- Recreation (OS -R) zone, and
WHEREAS, on March 16, 2010, 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 32 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the
CEQA Guidelines, in that the project is characterized as an infill development, less than
five acres in size, where the project will not impact the habit of endangered, rare or
threatened plant or animal species, and will not result in any significant effects relating
to traffic, air or water quality.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 10 -01 and DR 10 -02 to establish a Veterans Park in the OS -R
zone, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permit Regulations), the Old Poway Specific Plan, the City General Plan, and the
development policies and standards of the City in that the subject use is allowed
with a Conditional Use Permit. The Veterans Park has been designed and sited
such that it will be compatible with the surrounding development.
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, and the site has adequate parking to accommodate the use and other
uses on the site.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that it serves as an expansion of the
passive park component of Old Poway Park.
Resolution No. P -10 -09
Page 2
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 desirable surrounding property
characteristics in that adequate parking will be provided onsite and the parking
lighting will be shielded from adjoining residences.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed passive park provides
adequate vehicle circulation onsite.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site has been previously graded and contains no
natural habitat resources.
Section 3: The findings, in accordance with Chapter 17.52 of the Poway Municipal
Code, for CUP 10 -01 and DR 10 -02 for the construction of a Veterans Park located at
14135 Midland Road, in the Old Poway Specific Plan area and in the Open Space -
Recreation (OS -R) zone, are as follows:
A. The Veterans Park will be located with the boundaries of Old Poway Park and
adjacent to the existing Midland Animal Clinic and a residential condominium,
and it will not create a negative visual impact as viewed from the street and
neighboring properties. Proposed landscaping will soften the Park amenities
from such views. The Park will utilize earth tone colors and materials that will
help it blend in with the Old Poway area and surrounding buildings. A masonry
wall will be constructed between the Veterans Park and the adjoining
condominium minimizing possible visual and noise effects. Therefore, the
Veterans Park respects the interdependence of land values and aesthetics to the
benefit of the City.
B. The Veterans Park is in character with existing development in the area and will
not negatively affect the views of adjacent property owners as the proposal does
not affect the design of the streets. Therefore, the proposed use does not conflict
with the orderly and harmonious appearance of structures and property within the
City.
C. There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. Therefore, the proposed project will not
affect the public health, safety and general welfare of property in the City.
Resolution No. P -10 -09
Page 3
D. The Veterans Park is designed to minimize impacts on the surrounding
community through the development of a passive park utilizing earth tone
materials and colors, providing on -site parking that can be used for overflow
parking for Old Poway Park and a masonry buffer wall between the project and
the adjacent condominium development.
E. The proposed project will meet the required design regulations, and will
otherwise comply with all relevant codes and standards of the City of Poway;
therefore, the proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general.
F. The proposed project will comply with all of the provisions of the Zoning
Ordinance and the General Plan.
Section 4: The City Council hereby approves CUP 10 -01 and DR 10 -02 to establish a
Veterans Park located at 14135 Midland Road, in the Old Poway Specific Plan area and
in the Open Space- Recreation (OS -R) zone, as shown on plans dated February 2,
2010, subject to the following conditions:
1. Approval of this Conditional Use Permit /Development Review 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.
2. The applicant shall defend, indemnify, and hold harmless the City, its
agents, officers, and employees from any and all claims, actions,
proceedings, damages, judgments, or costs, including attorney's fees,
against the City or its agents, officers, or employees, relating to the
issuance of this permit, including, but not limited to, any action to attack,
set aside, void, challenge, or annul this development approval and any
environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal
counsel in defense of any claim related to this indemnification. In the event
of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the
event of a disagreement between the City and applicant regarding
litigation issues, the City shall have the authority to control the litigation
and make litigation related decisions including, but not limited to,
settlement or other disposition of the matter. However, the applicant shall
not be required to pay or perform any settlement unless such settlement is
approved by applicant.
Resolution No. P -10 -09
Page 4
3. Within 30 days of the date of this approval, the applicant shall submit in
writing that all conditions of approval have been read and understood, and
a deed covenant with these conditions of approval shall be recorded on
the property.
4. 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.
5. The terms and conditions of Conditional Use Permit 10 -01 and
Development Review 10 -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.
6. Building permits are required for all new improvements associated with the
facility. All requirements deemed necessary by the Building Division as
part of the building plan review shall be implemented to the satisfaction of
the City.
7. 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. Concentrated flows across driveways and
sidewalks are not permitted.
8. Provide a list of Low Impact Design features that have been incorporated
into the Site Design.
9. Erosion prevention and sediment control including, but not limited to,
de- silting basin(s), shall be installed and maintained from October 1 to
April 30. All erosion control devices shall be maintained throughout their
intended life.
10. Complete sidewalk improvements on Adrian Street along the project
frontage. Remove and replace existing broken curb or sidewalk along the
project frontage at Adrian Street and Midland Road.
11. Signs are subject to a separate Planning Division permitting process, and
may additionally require subsequent Building Permits. The applicant shall
submit a separate Sign Permit application for signs.
12. The site shall be kept in an orderly, well- maintained, and weed free
condition at all times.
Resolution No. P -10 -09
Page 5
13. The City shall replace the asphalt curb located on the southern end of the
Midland Veterinary Clinic parking lot, with a concrete curb and gutter.
14. As the north property line for the subject parcel lies within a portion of the
Midland Animal Clinic parking lot, the City shall process a boundary line
adjustment to align the property boundary to coincide with the
northernmost landscape improvement of the Veterans Park, as defined by
the existing asphalt curb and subject to the approval of the Directors of
Development and Redevelopment Services. The boundary adjustment
shall be completed prior to the closing out of the project by City's Capital
Improvement Program Engineer.
15. The City shall process a land and title transfer of the subject parcel from
the Poway Redevelopment Agency to the City of Poway, subject to the
approval of the Directors of Development and Redevelopment Services.
The title transfer shall coincide with the approval of the boundary
adjustment and shall be completed prior to the closing out of the project by
City's Capital Improvement Program Engineer.
16. Terminate the existing Reciprocal Easement Agreement Doc. #2008-
0032114 recorded on Janauary 23, 2008 between the Poway
Redevelopment Agency and the Midland Animal Clinic, subject to the
approval of the Directors of Development Services and Redevelopment
Services. The termination of the agreement must be completed prior to the
closing out of the project by City's Capital Improvement Program
Engineer.
17. All activities and events to be held in Veterans Park shall be coordinated
with the Community Services Department. Said activities may require
approval of a City Temporary Use Permit prior to conducting the activity.
18. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings where appropriate.
19. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
20. The project shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be 6 inches.
A monument style address marker will satisfy this requirement.
Resolution No. P -10 -09
Page 6
Section 4 : The approval of CUP 10 -01 and DR 10 -02 shall expire on March 16, 2012, at
5:00 p.m. unless, prior to that time, a Building Permit has been issued and /or
establishment of the use on the property in reliance on this CUP and DR approval has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16` day of March 2010.
o'lti—
Don Higginson, May
ATTEST:
a A,Troyan, MMC, City Clerk
Resolution No. P -10 -09
Page 7
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- 10 -09, was duly adopted by
the City Council at a meeting of said City Council held on the 16`" day of March 2010,
and that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
J It in6A. royan , MMC, Ci Clerk
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