Res P-13-22RESOLUTION NO. P -13 -22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 13 -010
ASSESSOR'S PARCEL NUMBER 317 - 271 -63
WHEREAS, an application was submitted by Billy Sheldon, "Applicant ",
requesting approval of a Conditional Use Permit (CUP) 13 -010 to establish a
contractor's office with outdoor storage on a developed property located at 12125 Paine
Street; and
WHEREAS, on August 20, 2013, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Pursuant to the California Environmental Quality Act (CEQA), the
proposed project is Categorically Exempt as a Class 1 Categorical Exemption from the
California Environmental Quality Act pursuant to Section 15301(e) of the 2013 CEQA
Guidelines, in that the proposed project involves the approval of a CUP for the purposes
of accommodating a contractor's office with outdoor storage and will result in only
negligible expansion of an existing use. Specifically, the project will not result in an
increase of more than 50 percent of the floor area space or 2,500 square feet.
Additionally, (1) there is no reasonable possibility that the project will have a significant
effect on the environment due to unusual circumstances; (2) the proposed project will
not result in damage to scenic resources; (3) the proposed project is not to be used for
a project located on a hazardous waste site; and (4) the proposed project will not cause
a substantial adverse change in the significance of a historical resource.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 13 -010 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 -002, that changes the land use
designation on the property at 12125 Paine Street 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 -22
Page 2
C. The proposed facility is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the property is surrounded by
existing development and the use is the same use that previously operated at the
site and will be complementary to other Light Industrial (LI) uses located north,
west, and east of the site, Industrial Park (IP) uses to the south 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. Replacement of the
security gate and perimeter fencing 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 and
the outdoor storage area will be adequately screened from surrounding
properties.
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 use is the same use that previously operated at the site and
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 -22
Page 3
Section 4: The City Council hereby approves CUP 13 -010 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 -010) is approved contingent on an
Ordinance approving Specific Plan Amendment (SPA) 13 -002 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 -010 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 -010 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.
Resolution No. P -13 -22
Page 4
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. The automatic fire sprinkler system shall be modified to provide coverage of the
proposed canopy cover. The addition of more than six sprinkler heads requires a
separate fire sprinkler system plan submitted to the 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) approved 'Knox' Security Key Box for the
building at a location determined by the City Fire Marshal.
Planning Division:
M. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -010
shall maintain adequate screening at all times. The outdoor storage area shall
not exceed approximately 1,300 square -feet, as depicted on the approved Site
Plan on file. The outdoor storage area may contain various open -bed trailers,
water /sewer pipes and other associated components.
N. The outdoor storage area as depicted on the approved Site Plan for CUP 13 -010,
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 and vehicle parking associated with business
vehicles. The outdoor storage area shall not be used to store any personal
vehicles.
O. Materials, supplies, minor equipment and minor incidental activities shall not
cause any objectionable noise, smoke, odor, dust, noxious gas, vibration, glare,
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 -010, without application, review and approval
from the City of Poway for conformance with stormwater protection policies
include, but are not limited to:
Resolution No. P -13 -22
Page 5
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 -010 shall expire on August 20, 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 20th day of August 2013.
Don Higginson, Mayor
ATTEST:
at O'd Li, (1�&' n X"'-
She* R. Cobian, CMC, City Clerk
City of Poway
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 13 -22, was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of August 2013, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Yj a h azs.,
Sheila R. Cobian, CMC, City Clerk
City of Poway