Res P-03-27 RESOLUTION NO. P-03-27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 03-001
ASSESSOR'S PARCEL NUMBER 317-130-64
WHEREAS, Minor Conditional Use Permit (MCUP) 03-001 was submitted by
NexCycle, Applicant, to allow the installation of' 91e "micro-site" recycling center on
the west side of Vons, along the rear access, on a developed property located at 13438
Poway Road in the Town Center (TC) zone, and;
WHEREAS, the proposed "micro-site" recycling cent
by 8-foot-wide by 9-foot, 3-inches tall removable container, and;
Is of one 17-foot-long
WHEREAS, on June 3, 2003, the City Council held a duly advertised public hearing
to solicit ls from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that project proposes negligible or no expansion of use beyond that existing.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for MCUP 03-001 to install a removable "micro-site" recycling center on property
located at 13438 Poway Road in the Town Cent are made as follows:
The proposed location, size, design, and operating characteristics of the proposed
"micro-site" recycling center are in accord with the title and purpose of Chapter
17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City
General Plan, and the development policies and standards of the City in that the
facility has been designed and sited such that it will not result in visual impacts to
the surrounding community.
The local' design, and operating ch Iics of the proposed "micro-site"
recycling center will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural resoumes in
that the facility has been designed and sited such that it will not result in visual
impacts to the surrounding Iy and it will comply with California Department
of Conservation Division of Recycling operational standards. The facility has only
one employee, and many people recycle in conjunction with a visit to the
supermarket, so the recycling center will not create traffic impacts.
Resolution No. P-03-27
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The proposed "micro-site" recycling center is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the proposed
facility functions as if it were ancillary equipment to the existing building.
There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed "micro-site" recycling center.
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed "micro-site" recycling center has been designed
and sited such that it will not result in a visual impact to the surrounding Iy,
and the facility will comply with State of California Department of C lion
operational standards.
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 "micro-site" cycling center has only one employee and will
have three container pick-ups per month, thereby generating minimal traffic. The
recycling public will add approximately 20-30 vehicles to this commercial area, and
the streets and site are developed to handle this additional ase in traffic.
Many of the recyclers will also be patrons of the center thereby further reducing any
potential traffic impacts.
The site is suitable for the type and intensity of use or development which is
proposed in that the proposed "micro-site" recycling center will enhance recycling
opportunities in the City. This will help the supermarket and the City meet the goal
of the State to recycleup to 80 percent of beverage containers.
There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed "micro-site" recycling center is located on a
developed property and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the proposed "micro-site"
recycling center that cannot be mitigated in that the facility will comply with State of
California Department of Conservation operational standards and will not wash
wastewater into a storm drain.
That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed "micro-site" recycling center will not be materially
injurious to prop p ts in the vicinity, nor be contrary to the adopted
General Plan, in that the facility has been designed and sited such that it will not
result in visual impacts.
Resolution No. P-03-27
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The proposed "micro-site" recycling center will comply with all the applicable
provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has
been designed and sited such that it will not result in visual impacts and will comply
State of California Department of Conservation operational standards.
Section 3: The City Council hereby approves MCUP 03-001 to install a removable
"micro-site" recycling center consisting of one 17-foot-long by 8-foot-wide by 9-foot,
3-inches tall container at 13438 Poway Road, as shown on the plans dated March 18,
2003, subject to the following conditions:
Approval of this MCUP request shall apply only to the subject project and shall not
;)liance with all sections of the Zoning Ord' ;I all other applicable
City ordinances in effect at the time of Building Permit issuance.
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) the property
owners shall execute a Covenant Regarding Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to int Ih the reasonable use and enjoyment of surrounding uses.
The conditions of MCUP 03-001 shall remain in effect for the life of the subject
"micro-site" recycling center, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
MCUP 03-001 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.
F. Prior to the establishment of the use the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated March 18, 2003) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
The parking lot shall be striped, to the satisfaction of the Director, to show the
desired direction of access and queuing for the recycling center.
Upon establishment of the removable "micro-site" recycling center, pursuant to
MCUP 03-001, the following shall apply:
All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as 131y possible so
Resolution No. P-03-27
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as to ' ' of dangerous conditions or visual blight. The
areas around the recycling center shall be kept clean and orderly, and shall
maintain an attractive appearance.
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.
The owner and operator of the facility shall not allow the parking of patrons
using the recycling center to block any required parking spaces or fire lanes.
No runoff from clean-up shall be discharged into the parking lot or storm
drains pursuant to NPDES req Is.
Section 4: The owner of the "micro-site" recycling center shall remove all of the
equipment and associated structures approved pursuant to this permit within 60 days of
ceasing operation of the "micro-site" recycling center.
Section 5: The approval of MCUP 03-001 shall expire on June 3, 2005, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the
MCUP approval and the use has :1 prior to its expiration.
PASSED, A and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of June 2003.
ATTEST:
L~ori A[n~n: Pe~o pies, City~'Cler~'~
Michael P. Cafag~
Resolution No. P-03-27
Page 5
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-27 , was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of June 2003, and that it
was so adopted by the following vote:
AYES:
EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
City of Poway