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Res P-10-21RESOLUTION NO. P -10 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 10 -05 ASSESSOR PARCEL NUMBER 323 - 501 -02 WHEREAS, Minor Conditional Use Permit 10 -05 was submitted by the City of Poway, Applicant, for approval to place an 8 -foot by 20 -foot metal storage container for storage of disaster preparedness supplies in the City of Poway Auto Storage Lot, located at 13875 Kirkham Way, on land designated for Light Industrial /Outdoor Storage use within the South Poway Planned Community zone; and WHEREAS, on June 1, 2010, a duly advertised public hearing was held 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 : The City Council finds that the proposed project is Categorically Exempt as a Class 11 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15311 of the CEQA Guidelines, in that the project involves the addition of a small accessory structure on an existing developed industrial site. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the approval of Minor Conditional Use Permit 10 -05, a proposal to locate an 8 -foot by 20 -foot metal storage container for storage of disaster preparedness supplies in the City of Poway's Auto Storage Lot located at 13875 Kirkham Way, within the South Poway Planned Community zone, are made as follows: A. The proposed location size, design and operating characteristics of the proposed metal storage container is in accord with the title and purpose of this title, the purpose of the zone in which the site is located, the General Plan, and the development policies and standards of the City in that the container is permitted with the approval of a Minor Conditional Use Permit, and it is tan in color and is sited within an enclosed lot so that it is screened from view from adjacent properties. B. The placement of the storage container will comply with the General Plan and PMC, in that it will be consistent in location and scale with surrounding development. Additionally, the container will be used for storage of emergency preparedness supplies so it will be consistent and compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural resources. C. The storage container complies with development standards, and it will be consistent in scale and coverage. Therefore, the harmony in scale and coverage of the project is consistent with adjacent uses. Resolution No. P -10 -21 Page 2 D. There are public facilities, services and utilities available to the site. E. The storage container has been sited to comply with the General Plan and PMC standards. An existing 8- foot -high masonry wall encloses the outdoor storage lot so the container is screened from view from adjacent properties. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The storage container will not result in a significant impact on the character or the intensity of the transportation system in the vicinity. It is found to be consistent with the Circulation Element of the General Plan in that its sole purpose is for storage of emergency preparedness supplies. G. The exterior design and tan color of the storage container will blend well with the tan 8- foot -high masonry block screen wall that surrounds the site. Therefore, the site is suitable for placement of the storage container. H. The use involved has no hazardous materials or processes, nor does it significantly affect natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. There are no other relevant negative impacts of the use that cannot be mitigated. J. The impacts, as described above, and the location, size, design and operating characteristics of the use, and the conditions under which it operates or is maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. Section 3 : The City Council hereby approves Minor Conditional Use Permit 10 -05, a proposal to locate an 8 -foot by 20 -foot metal storage container for storage of disaster preparedness supplies in the City of Poway Auto Storage Lot located at 13875 Kirkham Way, within the South Poway Planned Community zone. The approval is subject to the following conditions: A. Approval of this Minor Conditional Use Permit shall apply only to the subject project and existing uses, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. 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. C. The conditions of this MCUP shall remain in effect for the life of the project and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. Resolution No. P -10 -21 Page 3 D. MCUP 10 -05 may subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. E. The storage container shall observe a minimum 5 -foot setback from the interior easterly side and rear property line. F. The exterior color of the metal storage container shall be tan or beige in color to allow the unit to blend into the site. G. The following requirements shall be completed to the satisfaction of the Director of Safety Services 1. Maintain a 20- foot -wide unobstructed emergency vehicle accessway around the perimeter of the entire lot. 2. Do not block any doors or means of egress from buildings. 3. Do not block emergency vehicle access to any building, street, fire hydrant, fire sprinkler system connection, or the site. Section 4 : The approval of Minor Conditional Use Permit 10 -05 shall expire on June 1, 2012, at 5:00 p.m. unless, prior to that time, use in reliance on this MCUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1st day of June 2010. Don Higginson, Mayor ATTEST: Lin royan, MMC, City Clerk Resolution No. P -10 -21 Page 4 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 -21, was duly adopted by the City Council at a meeting of said City Council held on the 1st day of June 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE a . Troyan, MMC, C y Clerk City of Poway