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Res P-98-55RESOLUTION NO. P- 98-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING CONDITIONAL USE PERMIT 98-04 ASSESSOR'S PARCEL NUMBER 317-130-68 WHEREAS, Conditional Use Permit 98-04 submitted by Dr. LaPorte, Applicant, for the purpose of establishing a 1,995 square foot veterinary medical clinic which will occupy a portion of the Poway Retail Plaza Shopping Center located at 13445 Community Road; and WHEREAS, the City Council has read and considered the staff report and has considered other evidence presented at a public hearing held on October 6, 1998. NOW, THEREFORE, the City Council does hereby follows: ' tion 1: /iro ,I Fi~ The previously issued Negative D (indicating no significant adverse imf ' ' 3ated) for the related General Plan Amendment/Zone Change 98-02A&B adequately addressed the potential impacts :1 with this application. Section 2: F That the l design, and operating characteristics of the approved use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or natural in that there are adjacent off ~ich are compatible with and compliment this use, That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, in that the veterinary clinic is located within a previously designed and approved building. That there are public facilities, services, and utilities available to this business. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the property has been improved to the current development standards found within the Poway Municipal Code. That the ~ :traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that there is adequate on-site parking provided. Resolution No. P - 9~-55 Page 2 That the site is suitable for the type and intensity of use or development which is proposed, in that it veterinary :~itionally permitted in the General C zone. 7. That there will not be significant harmful effects ul; quality and natural 8. That th :h cannot be mitigated. negative impacts of the proposed use that The proposed use will not adversely affect the City of Poway General Plan for ful I as present development. Section 3: Cit ;ouncil De, ' ' The City Council hereby approves Conditional Use Permit 98-04 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, COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT This approval is subject to completion of rezone of the property to CG and adoption of Specific Plan SP 98-01. The applicant shall comply with the latest adopted Uniform Building Code and all other applicable codes and ord' : the time of building permit issuance. Conditional use permits shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to add that may h ,I during the past year, If the permit is not Jn compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modif' : the use permit. The use conditionally granted by these permits shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding and residential land uses. Resolution No. P - 98-55 Page 3 The walkways immediately surrounding th to th ¥ clinic shall be monitored by the veterinary clinic staff, on a regular basis, to ensure that said walkways are free of urine and other animal debris that could be attributable to · 3 the clinic· Said walkways should be throughly washed should animal waste be found· The barking of dogs and the noises from otb :icipated potential nuisance generated by this use. Should the level of noise become disruptive to surrounding b th 3/clinic shall investigate methods, subject to the approval of the Director of Planning Services, to mitigate the noise impacts. Should noise/odor or otb ~ ~, the Planning Department shall schedule a public headng before the City Council and request to consider the modifical' = the use permit. The use and location of X-ray equipment and related hazardous materials shall strictly comply with State health standards. Such equipment shall be properly located and shielded so as protect the safety of adjoining tenants and Any signs proposed for the subject b standards. : comply with City of Poway sign All landscaped areas shall b from weeds, trash, and debris. :1 in a healthy and thriving condition, free 10. This approval shall b I and void if building p : issued for this project within two years from the date of project approval. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Final inspection and approval of the tenant imf occupancy. lall be required prior to APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 6th day of October, 1998. ATTEST: Resolution No. P -98-55 Page 4 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-98-55 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of October 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD, HIGGINSON NOES: EMERY ABSTAIN: NONE ABSENT: NONE ~?~ A~n n e~F eo~le s~, C~"'0Cie rk City of Poway