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Res P-95-62RESOLUTION NO. P- 95-62 RE L TI N OF T CITY C IL F T ~T OF PO v CALI IA APPROV NG ONDITI L USE T 95-05 A SESS' ' ARCEL ' ..ER 31 - -37 WHEREAS, Minor Conditional Use Permit 95-05, submitted by E tal Products Corporation, applicant, requests approval for the placement of a recycling center at the rear of the Target Store located in Twin Peaks Plaza at 14837 Pomerado Road in the CG zone; and WHEREAS, on November 28, 1995, the City Council held a duly advertised public hearing to solicit comments from the public both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: : The City Council finds that the project is categorically exempt from 1 review, Class 11 of the California E 1 Quality Act, as it is an structure to an existing ' 1 use. The approved project is t with the general plan in that the plan designates this site for 1 use and the project is compatible with the ' 1 buildings within the center. The pro osed location, size, design, and operating characteristics of the roposed use are in accord with the title and purpose of this resolut on, in that the project meets all applicable development standar s for the CG zone. The approved location, size, design, and operatin charact ristics of the use will be compatible with and will not ad ersely afe t or be materially detrimental to adjacent uses, resi ents, bu ld ngs, structures, or natural because it will e locate w thin an established shopping center, and screened from vews of a jo ning streets and parking areas. That the eneration of traffic will not adversely impact the surroundin streets and/or the City's Circulation Element in that the use wi ~ operate within a ' 1 center where existing off- street par lng is adequate. That the site is suitable for the type and intensity of designated use which is proposed in that it is in an area designated for general ' 1 uses. That there will not be significant harmful effects upon tal quality and natural in that the use will be contained within an existing fully developed site. Resolution No. p-95-62 Page 2 That there are no other relevant negative impacts of the proposed use that cannot be mitigated. The City Council hereby approves Minor Conditional Use Permit 95-05 subject to the following conditions: Within 30 days of approval (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 on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and 1 uses. This conditional u e permit shall be subject to annual review by the Director of Plann ng Services for compliance with the conditions of approval and to ad tess concerns t'at may have occurred during the ast year. If the emi is not in compl ance with the conditions of appro al, or the Plannin Services Department as received complaints, the requ red annual review hall be set for a pub ic hearing before the City Counci to consider modi ication or revocation of the use permit. CONPLXANCE WITX THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTNENT OF PLANNING SERVICES. CONPLIANCE SHALL BE IPNENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit The reverse vending machines which are currently located at the grocery store entrance shall be removed upon installation of the recycling center. The operators of the recycling center shall be responsible for maintaining the area around the center in a clean and orderly condition. 5. The center shall be limited to one 8'X 22' painted metal container as illustrated in Attachment D and a storage building/office for an attendant. o This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. Resolution No. P-95-62 Page 3 $1GNS 1. Any signs proposed for this project shall be designed and approved in conformance with the Sign Ordinance. Si ns shall be posted at the entrances of the Lucky Store informing cu tomers of the location of the recycling center, its hours of operation an instructions ~ redemption of recyclables during the hours in wh ch the center is closed. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. CONPLIANCE SHALL BE The location of the container shall not reduce the fire lane access below or to less than 20 feet in width. 2. The container shall be located at least ten (10) feet from the building. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 28th day of November, 1995. ATTEST: Y STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby ertify, under the penalty of perjury, that the foregoing Resolution, No. -95-62 , was duly adopted by the City Council at a meeting of said City Council he 28th day of November , 1995, and that it was so adopted y the follow-i-6~-vote: AYES: CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA City ~oway