Res P-14-18RESOLUTION NO. P -14 -18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 14 -005,
MINOR DEVELOPMENT REVIEW APPLICATION 14 -025,
AND VARIANCE 14 -009
ASSESSOR'S PARCEL NUMBER 317 - 151 -60
WHEREAS, the Applicant, Gunner Milo Inc., requests approval of Conditional
Use Permit (CUP) 14 -005, Minor Development Review Application (MDRA) 14 -025, and
Variance (VAR) 14 -009 to establish an animal day care and kennel business, which
includes a request for a variance from City noise standards, on a developed commerical
site located at 12255 Poway Road, in the Community Business zone; and
WHEREAS, the proposed project involves an overnight kennel for up to 60
dogs /cats, day care for up to 200 dogs /cats, other ancillary activities, and construction
of two covered and enclosed outdoor activity areas; and
WHEREAS, on December 2, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
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 -005 to establish an animal day care and kennel at
12255 Poway Road are made as follows:
A. The proposed location, size, design, and operating characteristics of the animal
day care and overnight kennel are in accord with the title and purpose of Chapter
17.48 PMC (Conditional Use Permit Regulations), the Poway General Plan, and
the development policies and standards of the City, 'in that animal boarding is
allowed with the approval of a Conditional Use Permit.
B. The location, size, design, and operating characteristics of the animal day care
and kennel will be compatible with, and will not adversely affect or be materially
detrimental to, adjacent uses, buildings, or structures in that the use will be
conducted within a building, except for outdoor activity areas that will be
screened from view from the street and neighboring properties by a fence.
C. That the harmony in scale, bulk, coverage and density of the animal day care
and kennel is consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the animal day care and kennel. No new utilities are proposed.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the animal day care and kennel is located within an existing
building and the outdoor activity areas will be screened from view by fencing.
Resolution No. P -14 -18
Page 2
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. The business would provide adequate off - street parking for cars.
G. The site is suitable for the type and intensity of the proposed development in that
the animal day care and kennel is in an area with other businesses and is
appropriate to the purpose of the CB zone, in which the site is located, with the
approval of a Conditional Use Permit.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the operator has provided a management plan for
regular cleaning of the outdoor activity areas and are providing Low Impact
Development (LID) design features that will provide a means for infiltration of
storm water into the ground.
There is no relevant negative impact associated with the operations of the animal
day care and kennel.
J. The potential impacts, as described in subsections A through I of this Section,
and the proposed location, size, design, and operating characteristics of the
animal day care and kennel, 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 properties or improvements in the vicinity, nor be contrary
to the adopted General Plan or the Poway Road Specific Plan, in that the
associated activities will be conducted indoors or behind a fence and will be
screened from view from neighboring development and the street.
K. The proposed animal day care and kennel will comply with the applicable
provisions of the Zoning Ordinance and the Poway Road Specific Plan, with the
exception of noise which is the subject of a variance.
Section 2: The findings for MDRA 14 -025, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
commercial development, and conforms to City zoning and development
standards. Therefore, the project respects and recognizes the interdependence
of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on the surrounding
community by utilizing exterior building materials and an architectural design that
is consistent with surrounding development. Therefore, the proposed
development respects the public concerns for the aesthetics of development, and
encourages the orderly and harmonious appearance of structures and property
within the City.
Resolution No. P -14 -18
Page 3
C. The granting of the MDRA would not be materially detrimental to the public
health, safety or welfare within the community since the proposed development
will complete improvements necessary for the new use.
D. The project has been designed to be compatible with development in the
surrounding area by utilizing exterior building materials and an architectural
design that is consistent with nearby development. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, as the project has
been designed to be compatible with development in the surrounding community
by utilizing exterior building materials and an architectural design that is
consistent with nearby development.
F. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as the provisions of the Zoning
Code.
Section 3: The findings for VAR 14 -009, in accordance with PMC 8.08.220 Variances
are made as follows:
A. The noise that will be generated by the project during daytime hours will be within
the range of existing ambient noise in the area.
B. During the nighttime animals will be kept indoors and therefore noise will comply
with all established City standards for nighttime noise levels.
C. Surrounding uses are developed commercial uses including a similar animal day
care and kennel business.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 14 -005, MDRA 14 -025, and VAR 14 -009 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
applicable development impact fees, which are assessed on a pro -rata basis to
finance public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 14 -005, MDRA 14 -025, and VAR
14 -009, as shown on the approved plans on file with the City, subject to the following
conditions:
Resolution No. P -14 -18
Page 4
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. Approval of this CUP, MDRA, and VAR request shall apply only to the subject
project, and shall not waive compliance with all sections of the Zoning Ordinance
(except for noise standard pursuant to the approved variance) and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
Additionally, the project shall comply with the stipulations contained in the
applicant's submitted operational statement on file with the City.
C. Within 60 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.
D. 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.
E. The conditions of CUP 14 -005, MDRA 14 -025, and VAR 14 -009 shall remain in
effect for the life of the subject use and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
F. CUP 14 -005, MDRA 14 -025, and VAR 14 -009 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.
G. Proposed signage shall be in accordance with the Poway Sign Ordinance; the
necessary permits and approvals shall be obtained for any signage proposed
prior to installation.
H. The applicant shall obtain a Building Permit prior to construction. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
Resolution No. P -14 -18
Page 5
(Planning)
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. 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.
3. The applicant shall contact the Poway Unified School District (858
679 -2570) to verify if school impact fees are required. If required, the
fees shall be paid at the rate established at the time of Building Permit
issuance.
4. All architectural details shown on the approved CUP /MDRA/VAR plans
shall also be shown on the building plan check submittal. Modifications to
the building or site design details on the approved CUP /MDRA plans may
require an MDRA revision and City Council approval.
5. If new roof - mounted equipment is proposed, the building plans shall
include elevations and cross sections that show all new roof
appurtenances, including air conditioning, architecturally integrated,
screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
(Engineering)
6. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
7. The applicant shall incorporate Low Impact Development (LID) design
features into the site development as applicable. These shall be clearly
shown and identified on the site plan that is included with the building plan
check submittal, and be appropriately sized for the proposed level of
development.
8. A minimum cash security for erosion control for $2,000 is required.
9. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
Resolution No. P -14 -18
Page 6
10. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
11. Some of the proposed improvements are located within a regulated
floodplain. A Floodplain Development Permit shall be approved and
issued prior to Building Permit issuance. All applicable fees shall be paid
prior to floodplain permit issuance.
12. Prior to start of any work within a City -held right -of -way, a Right -of -Way
Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
3. A 2A10BC fire extinguisher(s) is required for office areas every 3,000
square feet and 75 feet of travel distance.
4. Roof covering of the existing building and the canopies in the activity
areas shall be fire retardant as per PMC 15.04.050, and City of Poway
Ordinance No. 64 and its amended Ordinance No. 526.
5. The building shall display the approved numbers and /or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast
with their background and be a size between six (6) inches (minimum) and
18- inches (maximum). The building address shall also be displayed on the
roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department - ASTREA criteria.
J. Prior to issuance of the Certificate of Occupancy:
1. 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 appropriate City departments will be
required.
Resolution No. P -14 -18
Page 7
(Engineering)
2. Applicant shall provide signage and pavement markings for one -way
access at the westerly driveway entrance and for the proposed drive north
of the fenced enclosure and building.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
K. Upon establishment of the dog day care and overnight boarding facility, pursuant
to CUP 14 -005, MDRA 14 -025, and VAR 14 -009 the following shall apply:
(Planning)
1. The dog activity areas shall be confined to the areas depicted on the
approved CUP /MDRA/VAR Site Plan. The canopies shall be pulled taut
and maintained in good condition.
2. The owner or operator of the animal day care and animal boarding facility
shall routinely and regularly inspect the site to ensure compliance with the
standards set forth in this permit and in accordance with the applicant's
operational statement on file with the City.
3. No loudspeaker sound amplification system shall be used to produce
sounds in violation of the Noise Ordinance, including telephone, electric
bell, or chime system.
4. A Sign Permit is required for a permanent wall sign and a temporary
wall banner sign. All signage shall comply with the PMC 17.08.040
Comprehensive Sign Regulations.
5. Within a year of the commencement of operations, an additional street
tree shall be planted in accordance with the requirement of the City of
Poway Landscape and Irrigation Design Manual at the location shown on
the approved site plan.
6. All landscaping onsite and within the adjacent public right -of -way shall
be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Landscape and Irrigation Design Manual. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
Resolution No. P -14 -18
Page 8
7. The parking areas, driveways and landscape areas shall be well
maintained.
8. Weekend special events shall be contained within the building and /or the
fenced outdoor activity areas. Events conducted within the parking lot
shall require the processing and approval of a Temporary Use Permit. All
business parking needs shall be accommodated on -site in designated
parking spaces as shown on the site plan on file with the City. Should the
business need additional parking for special events the business operator
may enter into an agreement with adjoining or nearby properties for
shared use of parking in cases where that property has surplus (i.e. in
excess of City requirements) parking available.
Section 6: The approval of CUP 14 -005, MDRA 14 -025, and VAR 14 -009 shall expire
on December 2, 2016, 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 /MDRA/VAR approval
has commenced prior to its expiration.
Section 7: 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 2nd day of December 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, WC, City Clerk
I
Resolution No. P -14 -18
Page 9
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -18 was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of December
2014, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, C C, City Clerk
City of Poway