February 15, 2022, Item #13
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
February 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
I
Austin Silva, Senior Planner '/6
(858) 668-4658 or [email protected]
CITY COUNCIL
Minor Conditional Use Permit (MCUP) 21-004: a request to store two seatainers at Fire Station 2 located at 16912 Westling Court
The City is requesting approval of a MCUP to store two metal storage containers (seatainers) that are eight feet wide by 20 feet long for storage of disaster preparedness supplies (e.g., cots, blankets, care kits, etc.) in the parking lot of Fire Station 2 located at 16912 Westling Court within the Public Facility (PF) zone and the Planned Community (PC) 4 zone (Old Coach Golf Estate Specific Plan (OCGESP) area).
Recommended Action:
It is recommended that the City Council take public input, close the public hearing and adopt the Resolution (Attachment A).
Discussion:
Fire Station 2 is owned and operated by the City of Poway. The facility is located on the west side of Westling Court, north of Espola Road within the PF and PC-4 zone (OCGESP area) as shown in Attachment 8. Single-family residences are located to the west of the site and across Espola Road to the south. The Old Coach collection single-family subdivision is located to the northwest with an open space lot directly north across Butterfield Trail. A vacant lot is located to the east across Westling Court. The City Council approved a five-lot subdivision on the vacant lot east of Fire Station 2 on December 7, 2021.
The Fire Department is requesting approval of a MCUP to store two seatainers that are eight feet wide by 20 feet long at the north end of the Fire Station 2 parking lot as seen in the site map (Attachment C). Attachment D provides photographs of the two seatainers at Fire Station 2 as they currently exist.
The seatainers will be situated there on a permanent basis until it is requested to be relocated or other means of storage are found. Both seatainers store disaster preparedness supplies (e.g., cots, blankets, care kits, etc.) for evacuations during emergencies. The white seatainer and supplies contained inside were purchased by the City with grant money in 2009. In June 2010, MCUP 10-04 1 of 11
February 15, 2022, Item #13
was approved to allow for the storage of the seatainer at Community Church at 13501 Community Road. In 2021, the church asked that the seatainer be relocated and the Fire Department agreed to have it moved to Fire Station 2. It has been stored in the north parking lot since September 2021. The tan-colored seatiner is owned by Red Cross and was relocated to Fire Station 2 in 2014. In June 2010, MCUP 10-05 was also approved to allow for the storage of this seatainer at the Poway auto dealers' vehicle storage lot at 13875 Kirkham Way. Red Cross has control over this seatainer, which could be moved to another location outside of the City in an emergency to service another area.
Per City policy, a MCUP is required for extended use of seatainers. The City Council sets the length of time the seatainers may be kept as part of the conditions of a MCUP. The seatainers are only partially visible from a short section of Espola Road, east of Westling Court. It is otherwise screened by landscaping or the Fire Station's building from Espola Road and Westling Court. There is a block wall that obstructs views from Butterfield Trail Road and Ash Hollow Crossing Road (both private streets within the Old Coach Collection gated community). The white-colored and tan-colored seatainers are compatible with the colors of the Fire Station's building.
Environmental Review:
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 11 Categorical Exemption, pursuant to Section 15311 (Accessory Structures) of the CEQA Guidelines, in that the project involves the placement of accessory structures (storage containers) in an existing fire station parking lot.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on February 3, 2022. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. MCUP 21-004 Site Map
D. Photographs of seatainers
Reviewed/ Approved By:
Wendy ~serman
Assistant City Manager
2 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
February 15, 2022, Item #13
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT (MCUP) 21-004 TO STORE TWO SEATAINERS AT
FIRE STATION 2 LOCATED AT 16912 WESTLING COURT;
ASSESSOR'S PARCEL NUMBER 277-171-03
WHEREAS, the Poway Fire Department submitted MCUP 21-004 to store two seatainers that are eight feet wide by 20 feet long for storage of disaster preparedness supplies in the parking lot of Fire Station 2 located at 16912 Westling Court within the Public Facility (PF) zone and the Planned Community (PC) 4 zone (Old Coach Golf Estates Specific Plan (OCGESP) area); WHEREAS, on June 1, 2010, the City Council approved MCUP 10-04 to allow a City owned seatainer containing emergency supplies to be stored at Community Church located at 13501 Community Road. Community Church agreed to store the seatainer as part of a five-year commitment to be an emergency care and shelter location. Community Church has requested to have the seatainer relocated elsewhere;
WHEREAS, on June 1, 2010, the City Council approved MCUP 10-05 to allow a Red Cross seatainer containing emergency supplies to be stored at the Poway auto dealers' vehicle storage lot located at 13875 Kirkham Way. The Red Cross seatainer was relocated to Fire Station 2 in 2014;
WHEREAS, on February 15, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 11 Categorical Exemption, pursuant to Section 15311 (Accessory Structures) of the CEQA Guidelines, in that the project involves the placement of accessory structures (storage containers) in an existing fire station parking lot.
SECTION 3: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 21-004 to allow the storage of two seatainers, are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the seatainers are permitted with the approval of a MCUP, and they are located in the rear of the property, only partially visible from a small section of Espola Road just east of the intersection of Westling Court, and will otherwise comply with all of the relevant codes and standards of the City of Poway.
3 of 11 ATTACHMENT A
February 15, 2022, Item #13
Resolution No. 22-
8. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the seatainers are placed in the rear of the property. The seatainers are only partially visible from a short section of Espola Road, east of Westling Court. They are otherwise screened by landscaping or the Fire Station's building.
C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses in that the placement of the seatainers do not exceed lot coverage and the 20-foot long seatainers are in scale with surrounding residential development.
D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use.
E. The storage containers have been sited to comply with the General Plan and PMC standards. Conditions of approval are required of the seatainers use which are intended to minimize the potential for negative impacts on the adjacent residential neighborhood.
Therefore, there will not be a harmful effect upon desirable neighborhood characteristics.
F. The storage of the seatainers will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is proposed in that the seatainers are accessory structures placed in a parking lot that will contain emergency supplies for evacuations.
H. There will not be significant harmful effects upon environmental quality and natural resources in that the seatainers would be kept in an area that is currently paved.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A seatainer is an allowable accessory use with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan.
K. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance).
SECTION 4: The City Council hereby approves MCUP 21-004 as shown on the approved site map stamped "Exhibit A" and dated February, 2022 on file in the Development Services Department, except as noted herein and subject to the following conditions:
A. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped as "Exhibit A" and dated January 18, 2022 on file in the Development Services Department. The seatainers will be situated there on a permanent basis until they are requested to be relocated or other means of storage are found. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of 4 of 11
February 15, 2022, Item #13
Resolution No. 22-
Development Services finds that the proposed changes do not substantially conform to approved plans.
B. The conditions for the project shall remain in effect for the life of the subject property, shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
C. Prior to building permit issuance and continued use of the seatainers, unless other timing is indicated, the following conditions shall be complied with:
(Building)
1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements. (Planning)
2. 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 issuance.
D. Compliance with the following conditions is required prior to building permit final:
1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required.
E. Upon establishment of use, the following conditions shall apply:
5 of 11
1. MCUP 21-004 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
2. This MCUP authorizes the use of seatainers for storage purposes only. No other uses or occupancy, such as an office or other alternate use, would be allowed, unless permissible under the PMC and approved by a permit.
3. Seatainers being utilized for storage and approved under this MCUP application may not be structurally modified or altered unless approved by the City; no shade covers or utility connections are allowed unless in conformance with applicable building codes, the PMC, and/or an approved permit.
4. The applicant shall maintain the exterior areas in a clean and sanitary condition, free of litter, trash, food waste, and debris.
5. No exterior storage of materials, items, or stock may occur on the premises.
6. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses.
February 15, 2022, Item #13
Resolution
No.
22-
Page
4 7.
All
facilities
and
related
equipment
shall
be
maintained
in
good
repair.
Any
damage
from
any
cause
shall
be
repaired
as
soon
as
reasonably
possible
so
as
to
minimize
occurrences
of
dangerous
conditions
or
visual
blight.
8. The
operator
of
the
facility
shall
routinely
and
regularly
inspect
the
site
to
ensure
compliance
with
the
standards
set
forth
in
this
approval.
9. All
lighting
fixtures
shall
be
maintained
such
that
they
reflect
light
downward,
away
from
any
road
or
street,
and
away
from
any
adjoining
residential
development.
10. All
landscaping,
including
areas
within
the
adjacent
public
right-of-way,
shall
be
adequately
irrigated,
and
permanently
and
fully
maintained
by
the
owner
at
all
times
in
accordance
with
the
requirements
of
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual.
The
trees
shall
be
encouraged
and
allowed
to
retain
a
natural
form.
Pruning
should
be
restricted
to
maintain
the
health
of
the
trees and
to
protect
the
public
safety.
Trees
should
be
trimmed
or
pruned
as
needed
to
develop
strong
and
healthy
trunk
and
branch
systems.
Tree
maintenance
and
pruning
shall
be
in
accordance
with
"American
National
Standard
for
Tree
Care
Operations"
latest
edition
(ANSI
A300).
Trees
shall
not
be
topped,
and
pruning
shall
not
remove
more
than
25 percent
of
the
trees'
leaf
surface.
11. Upon
termination,
expiration
or
revocation
of
this
MCUP,
the
identified
seatainers
shall
be
removed
under
an
issued
demolition
building
permit
with
a
"pass"
result
for
all
necessary
inspections,
to
be
completed
no
less
than
thirty
(30)
days
from
the
MCUP
end
date.
SECTION
5:
The
approval
of
MCUP
21-004
will
expire
on
February
15,
2024
at
5:00
p.m.,
except
if prior
to
that
time,
appropriate
conditions
of
approval
herein
have
not
been
complied
with.
SECTION
6:
The
parties
are
hereby
informed
that
the
time
within
which
judicial
review
of
this
decision
must
be
sought
is
governed
by
Section
1094.6
of
the
California
Code
of
Civil
Procedure. 6
of
11 February 15, 2022, Item #13
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of February, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of 11
February 15, 2022, Item #13
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Subject Location:
277-171-03
City of Poway
Zoning / Location Map
Item: MCUP21-004
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ATTACHMENT B
RR-A
February 15, 2022, Item #13
9 of 11 ATTACHMENT C
February 15, 2022, Item #13
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February 15, 2022, Item #13