Res P-13-08RESOLUTION NO. P -13 -08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 13 -003
ASSESSOR'S PARCEL NUMBER 317 - 270 -11
WHEREAS, an application was submitted by Ravenwood Towers, Inc.
requesting approval of an amendment to the South Poway Specific Plan (SPSP) to
change the land use designation on a developed property located at 13000 Kirkham
Way from Light Industrial (LI) to Light Industrial- Storage (LI -S), as well as requesting
approval of Conditional Use Permit (CUP) 13 -003 to establish a contractor's office with
outdoor storage; and
WHEREAS, on May 7, 2013, 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: Pursuant to Section 15070 of the California Environmental Quality Act
(CEQA), an Environmental Initial Study (EIS) was completed for the project. Based
upon the information contained in the EIS and in the public record, the City of Poway
has prepared a Negative Declaration (ND) for the project. It is hereby found and
determined that the project will not have a significant adverse impact on the
environment. Any anticipated project impacts were determined to be at below a level of
insignificance and therefore do not require any mitigation. The Negative Declaration is
hereby approved.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 13 -003 are made as follows:
A. The location, size, design, and operating characteristics of the proposed facility
are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permit Regulations), the General Plan, and the development policies and
standards of the City in that a contractor's office with outdoor storage is permitted
at this location with approval of a CUP on the effective date of an Ordinance
approving Specific Plan Amendment (SPA) 13 -001, that changes the land use
designation on the property at 13000 Kirkham Way from Light Industrial (LI) to
Light Industrial- Storage (LI -S).
B. The location, size, design, and operating characteristics of the proposed facility
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the site
has adequate on -site parking to accommodate the use.
Resolution No. P -13 -08
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C. The proposed facility is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the use will be complementary to
other Industrial Park (IP) uses located north and west of the site, LI uses located
east of the site, and LI -S uses located within the vicinity of the site and will
provide employment opportunities within the Business Park. The facility is
located within an existing building which complies with South Poway Specific
Plan requirements. No significant changes to the building exterior are proposed.
Additional walls and a gate will be installed to screen any visibility of the outdoor
storage area.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use which is within an existing building.
E. There will not be a harmful effect upon the surrounding property characteristics in
that the site has adequate onsite parking to accommodate the proposed use.
F. 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 in that the proposed facility will generate traffic within the range of
other uses permitted in the LI and LI -S land use area.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the facility (an existing building with outdoor storage) will provide
employment opportunities within the Business Park.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed facility (an existing building with outdoor
storage) will not involve the removal of natural habitat resources.
There are no relevant negative impacts associated with the proposed facility in
that the site has adequate parking to accommodate the proposed use.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the facility will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in
that the site has adequate parking to accommodate the proposed use and all
activities will occur within an existing building or within an adequately screened
outdoor storage area.
Section 3: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -13 -08
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Section 4: The City Council hereby approves CUP 13 -003 to establish a contractor's
office with outdoor storage as shown on the approved plans on file with the City, subject
to the following conditions:
A. 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.
B. This Conditional Use Permit (CUP 13 -003) is approved based on an Ordinance
approving Specific Plan Amendment (SPA) 13 -001 to change the land use
designation on the subject property from Light Industrial (LI) to Light Industrial -
Storage (LI -S) and shall not become effective until the Ordinance is in effect.
C. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with the Zoning Ordinance and all other applicable City Ordinances
in effect at the time of Building Permit issuance.
D. Within 30 days of the date of this approval, and before the issuance of any
permit: (1) the applicant shall submit in writing that all conditions of approval
have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property. In order for the City to prepare the
Covenant the applicant must first submit a legal description of the subject site.
E. 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.
F. The conditions of CUP 13 -003 shall remain in effect for the life of the subject
facility, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
G. CUP 13 -003 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 been raised during the prior year.
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H. The applicant shall provide building improvements as required by the building
and fire codes for the change in occupancy in this building.
I. Submit a written description of proposed activities, including, but not limited to,
minor work - related activities to be performed in the outdoor storage area (i.e.,
loading and movement of materials, etc.).
J. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from the appropriate City departments will be required.
Fire Safety Services:
K. Any interior changes to the office or warehouse space will require review to
determine if the existing automatic fire sprinkler system needs to be modified.
The addition of more than six sprinkler heads requires a separate fire sprinkler
system plan submitted to the Poway Fire Department for review, approval, and
inspection. The plans shall be prepared and system installed by a C -16 licensed
contractor.
L. The applicant shall install one (1) automatic gate at the entry to the outdoor
storage area, which must meet Poway Fire Department policies deemed
necessary for rapid, reliable access. The automatic gate shall be equipped with
approved, emergency, key- operated switches overriding all command functions
to open the gate. An approved key- operated switch shall be dual -keyed or dual -
switches to facilitate access by law enforcement personnel. Fire Department
shall approve location of key- operated switches.
Planning Division:
M. The outdoor storage area, as depicted on the approved Site Plan for CUP 13-
003, shall maintain adequate screening at all times. The outdoor storage area
shall not exceed 15,648 square -feet, as depicted on the approved Site Plan on
file. The outdoor storage area may contain various electrical components such
as coil wire, switch boxes, compressors, transformer boxes, knack/gang boxes
and PVC conduit.
N. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -003,
may include incidental activities, that may occur from time to time, on an as-
needed basis, involving vehicle loading of materials, materials storage, shipping
of materials, receiving of materials, vehicle parking, vehicle inspection, limited
testing of vehicles and /or equipment and minor maintenance of equipment (i.e.
headlight replacement, tire replacement, replacement of vehicle wiper blades,
etc.)
O. Materials, supplies, minor equipment and minor incidental activities shall not
cause any objectionable noise, smoke, odor, dust, noxious gas, vibration, glare,
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Page 5
heat, fire hazards or any other objectionable materials to emanate from the
property.
Engineering /Land Development:
P. Activities not allowed within the outdoor storage area, as depicted on the
approved Site Plan for CUP 13 -003, without application, review and approval
from the City of Poway regarding approved stormwater protection include, but
are not limited to:
i. Sandblasting,
ii. Oil changing,
iii. Uncovered trash receptacle storage,
iv. Storage of indoor equipment outdoors — especially equipment with
oil /grease,
V. Liquid storage,
vi. Vehicle washing,
vii. Construction material storage,
viii. Activities /materials that would generate any exposed pollutants.
Section 5: The approval of CUP 13 -003 shall expire on May 7. 2015, at 5:00 P.m.
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the CUP approval has commenced.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of May 2013.
Don Higginson, Mayor
ATTEST:
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Kristen M. Crane, Interim City Clerk
Resolution No. P -13 -08
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STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 13 -08, was duly
adopted by the City Council at a meeting of said City Council held on the 7th day of May
2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
1 #. �4w
Kristen M. Crane, Interim City Clerk
City of Poway