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Res P-99-14RESOLUTION NO. p_99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 98-04 ASSESSOR'S PARCEL NUMBER 317-223-06 WHEREAS, Minor Conditional Use Permit 98-04, submitted by Airline Interiors request approval to temporarily place a seatainer in the side loading area of the building located at 12325 Kerran Street within the South Poway Planned Community zone. The land use designation of the property is Light Industrial; and WHEREAS, on February 16, 1999, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or oth described in this resolution begins on the effective date of th' :t any such protest must I: that complies with Section 66020. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that the previously certified Final EIR and Final Subsequent EIR for the South Poway Specific Plan adequately address the potential impacts of the proposed development. The project' l with the South Poway Specific Plan and the Poway General Plan in that ' ' are permitted on lots having the Light Industrial land use designation in the South Poway Planned Community zone with the approval of a :litional use permit. That the location, size and design and operating ch : the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural in that th ' setback considerably from the street and the front of the building, thereby limiting the visibility of th That the scale, bulk, coverage and density is consistent with adjacent uses, in that th 'y st :)ordinate in size to the primary building and similar accessory equipment exists in the loading dock area of the adjacent building. 10. Resolution No. P- 99-14 Page 2 That th 31e public 1' :t 3e use in that the site is completely developed and is served by existing public facilities and utilities. That there will not be a harmful effect upon desirable neighborhood ch in that the structure is setback considerably from Kerran Street and the front of the building to limit visibility. That the generation of traffic of Airline I I not adversely impact the surrounding streets and/or the City's Circulation Element can be readily handled by the existing roadways without impacting the existing level of service. That the site is suitable for the type and intensity of use and development proposed in that the site is in an area designated for light industrial use and th ' ' an accessory structure for a permitted manufacturing use. That there will not be significant harmful effects upon the quality and natural ' that th ' located on a developed site. That th :h mitigated. ~ impacts of the proposed use that cannot be That the impacts, as described above, and the location of the seatainer will not adversely affect the City of Poway General Plan for future as well as present development, in that the Poway Municipal Code and the South Poway Specific Plan allows the placement of ~ this location with the approval of a :litional use permit. The City Council hereby approves Minor Conditional Use Permit 98-04 subject to the following conditions: Within 30 days of approval, (a) the applicant shall submit in writing that all conditions of approval have been read and understood, (b)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 industrial and uses. Resolution No. P.99-14 Page 3 This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department h :1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. ~ELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior I :building permits. Approval of this request shall not ~liance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. Prior to any use of the project site or b :y being :1 thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord Yect at the time of building permit issuance. The applicant shall obtain the necessary building approvals and permits for the seatainer and the compressor equipment from the Building Services Department within 30 days of the approval of MCUP 98-04. The exterior of the wall be painted a color to match the exterior of the Airline Interiors building within 30 days of the approval of MCUP 98-04. The approval of MCUP 98-04 shall expire on August 1, 2000. On or before said expiration date, th r~all be removed from the site to the satisfaction of the Planning and Building Services Departments. Resolution No. P- 99-14 Page 4 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. 4A60 B.C. Fire Extinguisher shall be provided within the seatainer. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right-of-way or any City- held easement. Said work shall include, but is not limited to, of driveway approach, sewer lateral installation, water service line installation, and street construction. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 16th of February 1999. ATTEST: % Lorl Anne Peoples, City Clerk ayor 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-99-14 , was duly adopted by the City Council at a meeting of said City Council held on the day of 1999, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: EMERY, NONE NONE GOLDBY, CAFAGNA Lori/¥nne Peoples, City CleYk City of Poway N:\P