Res P-14-06 RESOLUTION NO. P-14-06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 14-001
WHEREAS, Conditional Use Permit 14-001; City of Poway, Applicant: A request
to allow the Poway Farmers Market to operate on a permanent basis on Saturdays from
8 a.m. to 1 p.m. within a section of Midland Road located between Adrian Street and
Edgemoor Street; and
WHEREAS, on August 19, 2014, 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: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 14-001 to allow the Farmers Market to operate on a
permanent basis on Saturdays from 8 a.m. to 1 p.m. within a section of Midland Road
located between Adrian Street and Edgemoor Street are made 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
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a Farmers Market use is a permitted use in the Old
Poway Park area pursuant to the land use matrix in the Old Poway Specific Plan
which is consistent with the goals and policies of the General Plan.
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, people, buildings, structures, or natural resources in that a
Farmers Market is a use that was envisioned in the Old Poway Specific Plan as
an appropriate use in the Old Poway Park area. Additionally, the Market has
operated compatibly in the Old Poway Park area for over 20 years and has
operated within Midland Road since September 2013 without any significant
adverse impact. A mitigation requirement to provide a Traffic Control Plan will
ensure continued compatibility.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses in that a Farmers Market is a use that was
envisioned in the Old Poway Specific Plan as an appropriate use in the Old
Poway Park area. Additionally, the Market has operated compatibly in the Old
Poway Park area for over 20 years and has operated within Midland Road since
September 2013 without any significant adverse impact.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use in that a vision for the Old Poway Park area was
to utilize the segment of Midland Road near Old Poway Park where the Market
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operates for community events so electrical outlets and potable water sources
and public restrooms were sited and installed along Midland Road in the area
where the Market operates to serve and accommodate special community events
like the Market.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the Market is a use that was envisioned in the Old Poway Specific Plan as
an appropriate use in the Old Poway Park area. Additionally, the Market has
operated compatibly in the Old Poway Park area for over 20 years and has
operated within Midland Road since September 2013 without any significant
adverse impact.
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 a vision for the Old Poway Park area has been to utilize the
segment of Midland Road near Old Poway Park where the Market operates for
community events and to create a pedestrian friendly environment. Brighton
Avenue was designed, approved and improved to City street standards that are
adequate to handle traffic levels detoured from Midland Road to accommodate
special community events in the Old Poway Park area. Mitigation requirements
including the provision of a Market Traffic Control Plan, the placement of signs
identifying certain vacant lots in the Market area for Market event parking and
installation of 25mph speed limit signs and pavement legends on Brighton
Avenue along the Midland Road detour route will ensure that traffic generated
will not adversely impact the character of the transportation in the project area.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the Market is a use that was envisioned in the Old Poway
Specific Plan as an appropriate use in the Old Poway Park area. Additionally,
the Market has operated compatibly in the Old Poway Park area for over 20
years and has operated within Midland Road since September 2013 without any
significant adverse impact.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the Market is operating within an existing improved
street that is adjacent to existing commercial and park/recreational land use and
is not located adjacent to any sensitive natural resources.
There are no relevant negative impacts of the proposed use that cannot be
mitigated and the identified potential project impacts that are required to be
mitigation include the provision of a Market Traffic Control Plan, the placement of
signs identifying certain vacant lots in the Market area for Market event parking
and installation of 25mph speed limit signs and pavement legends on Brighton
Avenue along the Midland Road detour route.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed
use, and the conditions under which it would be operated or maintained, will not
be detrimental to the public health, safety or welfare, or materially injurious to
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properties or improvements in the vicinity, nor be contrary to the adopted General
Plan in that the Market is a use that was envisioned in the Old Poway Specific
Plan as an appropriate use in the Old Poway Park area. Additionally, the Market
has operated compatibly in the Old Poway Park area for over 20 years and has
operated within Midland Road since September 2013 without any significant
adverse impact.
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The City Council hereby approves CUP 14-001, as shown on the
approved plans on file with the City, subject to the following conditions:
A. Approval of this CUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances.
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 CUP 14-001 shall remain in effect for the life of the subject use.
D. CUP 14-001 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
E. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
F. The following requirements shall be addressed to the satisfaction of the
Engineering Division:
1. The use shall operate in accordance with the Best Management Practices
listed in the Conditional Use Permit submittal package stamped approved
August 19, 2014, on file in the Development Services, Planning Division.
2. The Market shall continue to maintain an adequate number of trash
receptacles. Recycle cans shall be placed next to trashcans throughout
the Market area.
3. The following requirements shall be addressed to the satisfaction of the
Development Services Director and the City Engineer:
a. Farmers Market event parking signs shall be mounted on
barricades at the driveway entrances of the vacant dirt lot located at
the northeast corner of Temple Street and Midland Road. The
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signs shall be placed on a temporary basis to be put out only during
the Farmers Market events. This requirement shall be
accomplished to the satisfaction of the City Engineer as long as this
lot is available for parking and shall be implemented upon approval
of CUP 14-001.
b. City staff shall arrange for the installation of 25 mph speed limit
signs and pavement legends on Brighton Avenue. This shall be
accomplished within 30 days of the approval of CUP 14-001.
c. An effective, enhanced Traffic Control Plan shall be established
and maintained on an on-going basis for the Market operation to
the satisfaction of the Director of Development Services and the
City Engineer. The enhanced Traffic Control Plan shall be
submitted to the Development Services Department for review and
approval within 30 days of approval of the project.
d. City Community Services and Development Services staff shall
continue to monitor the Market operation and traffic detour route,
and make sure that any necessary enhancements or adjustments
to the Market Traffic Control Plan, including, but not limited to traffic
signage and directions, are made to promote a safe, efficient traffic
setting for all modes of traffic, including pedestrians, cyclists,
vehicles, and mass transit.
G. The following requirements shall be addressed to the satisfaction of the Fire
Marshal:
1. The project shall comply with the Poway Municipal Code, including the
California Building and Fire Codes.
2. Do not block emergency vehicle access to any building, street, fire
hydrant, fire sprinkler system connection, or the event site.
3. Do not block any doors or means of egress from buildings.
4. Obtain a permit from the Fire Department for any tent that exceeds 200
sq. ft. or any canopy that exceeds 400 sq. ft. No cooking is permitted in or
under a tent/canopy.
5. Cooking shall be performed in booths near the ends of rows to facilitate
emergency access for the Fire Department if needed.
6. Provide a fire extinguisher with a minimum rating of 2A10BC at any booth
where the cooking of food is done.
7. Provide a Class K fire extinguisher where grease-producing cooking is
done.
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8. Secure any compressed gas cylinders from falling over.
H. At the conclusion of each weekly Farmers Market event, the applicant shall
comply with the following:
1. Public streets and off-street parking areas associated with the Farmers
Market event shall be cleared of debris, litter, temporary signs, and all
other evidence of the event.
Section 4: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 19th day of August, 2014.
Don Higginson, Mayor
ATTEST:
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Sheila obian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-14-06 was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of August, 2014,
and that it was so adopted by the following vote:
AYES: VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: CUNNINGHAM
DISQUALIFIED: NONE
LO Cr .7
eil- ' Cobian, CMC, City Clerk
City of Poway