Res P-99-62RESOLUTION NO. P- 99-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99-07
ASSESSOR'S PARCEL NUMBER 320-200-43
WHEREAS, the applicant requests a Minor Conditional Use Permit to allow a 5692
square foot dental building (Building A) for medical, dental and related health services,
initially for four dentists/dental sF the southeast portion of the Scripps Poway
Plaza, 6.65 acres on the southwest corner of Scripps Poway Parkway and Pomerado
Road, South Poway C land use designation in the South Poway Planned
Community, and;
WHEREAS, on August 17, 1999, the City Council held a duly advertised public
headng to solicit from the public, both pro and con, relative to this application.
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to pretest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such pretest must b that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council found that this project would not have a significant adverse impact on the
I and issued a Negative Declaration with mitigation for the original
shopping center approval on December 16, 1997. An addendum to the
study addressing traffic for the dental building has been reviewed and considered.
The project' : with the General Plan and the South Poway Specific Plan
which designates this site 1' use.
That the I design, and operating characteristics of the medical, dental
and related health services building is in accord with the title and purpose of this
resolution, the purpose of the land use desig ,3ich the site is located, the
Poway General Plan and the South Poway Specific Plan; in that the subject
property is located in an area designated for development and the
potential lowed with the approval of a conditional use permit.
o
Resolution No. P-99-62
Page 2
That the I design, and operating ch ~ the medical, dental
and related health services building will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents, building
or natural in that the initial dental off' I be located '
designated 1' development and the site is 1000 feet + to the nearest
resiC ;)led or und in Rolling Hills Estates, and the impacts
will be similar to otb ~ich are permitted by right on the property.
That the harmony in scale, bulk, coverage, and density' I with adjacent
uses because the site has been developed with a building which has been designed
to be compatible with surrounding structures and with other buildings within the
shopping center.
That th 31e public 1' :1 utilities, because the use will
be located in a development where all necessary facilities are in place to the
periphery of the property and can be readily extended, and the design of the
facilities anticipated the development of the site with uses.
That there will not be a harmful effect upon desirable neighborhood ch
in that the use(s) will be located within an existing planned area and
appropriate conditions have been included to mitigate any potential impacts.
That the g :traffic will not adversely impact the surrounding :l/or
the City's Transportation Element, in that the use(s) will operate out of
center wh ' 3 street imp ~ off-street parking are adequate and
the scale of the proposed activity does not exceed assumptions made when traffic
impacts forth J in 1987 and in a December 1997
traffic study.
That the site is suitable for the type and intensity of the use, in that it is an area
designated t' use and the intensity of use proposed is less than that
which is allowed by the applicable development standards.
Then will not be significant harmful effects Ul: Iai quality and natural
in that the nominal amounts of hazardous materials :1 in the
dental offices will be handled with normal protocol.
10. That th :h l negative impacts of the development that cannot
--- be mitigated.
-- Resolution No. P-99-62
Page 3
The City Council hereby approves MCUP 99-07 subject to the following conditions
(conditions marked with < mitigation ):
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES,
PLANNING DIVISION.
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
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 uses.
This conditional use permit shall be subject to annual review by the Director of
Development Services for compliance with the conditions of approval and to
add that may h :1 during the past year. If the permit is not
in compliance with the conditions of approval, or the Development Services
Department h :1 complaints, the required annual review shall be set for a
public hearing before the City Council, to consider modif I the
use permit. The first annual review is to be done by the City Council and
include an evaluation of the Treadwell Drive and Pomerado Road
ingress/egress.
No parking is allowed on the portion of Treadwell Drive adjacent to the
ingress/egress.
Ail required Building Code and disabled access regulations shall be included in the
design and construction of the facility.
Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
This approval shall I: I and void if th :litional use permit is not
utilized 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 DEVELOPMENT SERVICES,
ENGINEERING DIVISION.
No. P- 99-62
Page 4
Th' tly und All off-site and q including the
grading and of the parking lot, driveways, street pavement, and
sidewalks shall be completed prior to the building occupancy.
Drainage, traffic miti~
were paid previously.
:1 water fees for the Trident Center
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
10.
No occupancy shall be permitted until paved access is provided to and from the
shopping center.
11.
The applicant shall submit construction plans for review during fire sprinkler plan
check.
12.
Applicant shall comply with the Uniform Fire Code and the NFPA for the storage and
use of medical gases.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of August, 1999.
Michael P. CafagnI
A'FI'EST:
~nie People:, City~le~rk
-- Resolution No. P -99-62
Page 5
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- 99-62 , was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of August, 1999, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
Lo'ri n~n~n: 2oples, Ci~ty Cl~rk~
City of Poway