Res P-99-64RESOLUTION NO. p. 99-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO
CONDITIONAL USE PERMIT 90-10M
ASSESSOR'S PARCEL NUMBER 317-130-66
WHEREAS, Conditional Use Permit 90-10M, submitted by WalMart requests
approval to modify the conditional use permit to allow: 1) the expansion of the existing
Garden Center an additional 4,800 sq. ft.; 2) temporary use of lorage units at
the rear of the building; 3) increase number of days for outdoor display and sales for
des and within to 20 days within a 60-day period;
4) veterinary services providing :1 treatment of minor sk' for small
lhin the Garden Center; and 5) add three landscape islands for three cart racks.
The property is located at 13425 Community Road within the C General zone;
and
WHEREAS, on August 17, 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 otb described in this resolution begins on the effective date of
this resolution and any such protest must I- that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that the proposal is Categorically Exempt, Class 1, from the
California E Quality Act in that the use proposes the expansion of an
existing building not resulting ' :more than 10,000 sq. ft. A Negative
C lh mitig -1 for CUP 90-10 on November 13,
1990.
The project' ' ' : with the Poway Road Specific Plan and the Poway
General Plan in that the temporary or periodic shot clinic veterinary use,
garden center expansion, and outdoor display and sales are
permitted within the C General (GC) zone with the approval of a
conditional use permit.
Resolution No. P- 99-64
Page 2
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That the location, size and design and operating ch f the use
will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, buildings, or natural in
that the use will locate within and is an expansion of an existing
building.
That the scale, bulk, coverage and density' l with adjacent uses
in that the use will be located within an existing building and the proposed
Garden Center expansion is a minor addition to an existing building.
That there are available public facilities, services and utilities to serve the
Garden Center expansion 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 ' that the use will be located within an existing building and
a temporary use permit will be required for any special event.
That the ~ :traffic will not adversely impact the surrounding streets
and/or the City's Cimulation Element in that the trafr generated by
th 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 use and
WalMart h parking available 1 :late the "Special Events
Area."
That there will not be significant harmful effects upon the
quality and natural in that the use will be contained within an
existing building on a fully developed site.
9. That th
mitigated.
: impacts of the proposed use that cannot be
The City Council hereby approves Conditional Use Permit 90-1 OM 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
Covenant on Real Property.
Resolution No. p.99-64
Page 3
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 J during the past year. If the permit is not
in compliance with the conditions of approval, or the Development Services
Department h ,I 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 DEVELOPMENT SERVICES DEPARTMENT,
PLANNING DIVISION.
SITE DEVELOPI~ NT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condil' :1 herein.
Revised site plans and building ~orating all conditions of approval
shall be submitted to the Development Services Department prior to '
building permits.
The sidewalk frontage area, from the south edge of the existing Garden Center,
southerly approximately 130 feet shall be striped as "No Merchandise Area"; and
kept clear at all times for pedestrians and persons with physical disabilities.
The existing area for the temporary usage of lorage units shall require
of a permanent building. The seatainer usage may be allowed to
continue for a ~ two years; within this two year period, the permanent
building shall be constructed. No temporary usage of I be allowed
after two years if a permanent building has not been -I. Existing
' ' ~all b ,1 from residents to the east; perhaps with a gray tone
screening to match the existing building. Th ;] shall be to the satisfaction
and approval of the Director of Development Services.
Landscaping renovation and grounds shall be completed in
accordance with the conditions of CUP 90-10 and inspected by the City landscape
architect to th :the Director of Development Services prior to building
permit approval.
Resolution No. P- 99-64
Page 4
6. Approval of this request shall not 31lance with all
Ord :1 all other applicable City Ord'
permit issuance.
:the Zoning
: at the time of building
Prior to any use of the project site or b :y being -I thereof,
all conditions of approval contained herein shall be completed to the sar ' ~
the Director of Development Services.
8. The applicant shall obtain the required BUILDING DIVISION approvals and permits.
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' ~ect at the time of building
permit issuance.
10.
Outdoor display and sales for k site sales and within the
Area" shall be as permitted by the City zoning ord :1 are presently limited
to 5 days within a 60-day period subject to a temporary use permit by the Director
of Development Services.
11.
The base of the barren slop ~ the southerly triangular portion of the site,
contiguous to the Town and Country shopping center to the satisfaction of the
Director of Development Services Department.
12.
Th 3ancy of the building shall not exceed standards established in
the Uniform Building Code.
SIGNS
13.
Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT,
ENGINEERING DIVISION.
14.
A $500 inspection fee shall be paid by the applicant prior to building permit
issuance. Such fee is to be used to pay for the City Inspector's time in making the
necessary inspections of the project site required prior to issuance of building
permit, and/or certificate of occupancy.
Resolution No. P- 99-64
Page 5
15.
The following estimated fees shall be paid pdor to
Sewer C = $ 5,654.00*
Traffic Mitigation = $12,672.00'
*Based on the proposed 4,800 sq. ft. addition.
building permits:
ATTEST:
Lo'ri J~nn:e P~eoples, C~ C~I ~
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
16. Provide approp ;I with approved hardware on both the east and west side
of Garden Center expansion.
17. Maintain at least 10 feet separation t to main building. Maintain at
least 20 feet emergency access to fire control valves located on the west side of the
building. Location of shall not obstruct emergency access around
building.
18. Exterior fire exits shall not be blocked by merchandise or shopping carts.
19. No shopping carts shall be permitted in fire lanes.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of August 1999.
, Mayor
Resolution No. P- 99-64
Page 6
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby cer[ify, under the
penalty of perjury, that the foregoing Resolution, No. P- 99-64 , 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:
NOES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
City of Poway
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