Loading...
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 Resolution No. P-14-06 Page 2 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 Resolution No. P-14-06 Page 3 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 Resolution No. P-14-06 Page 4 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. Resolution No. P-14-06 Page 5 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: -_)6)Pk Cek 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