Item 3.1 - MCUP 17-005; a proposal to establish vehicle service and repair at 14168 Poway RdG`,t.( OF POW'9Y
City of Poway
Tye e> COUNCIL AGENDA REPORT
CIN IA THE GOJ�
APPROVED O
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOL UTION NO.
DATE:
August 15, 2017
TO:
Honorable Mayor and Members of the City Council
FROM:
Robert Manis, Director of Development Servicesm
CONTACT:
Jason Martin, Senior Planne0z_-
(858) 668-4658 / jmartin .poway.orq
SUBJECT:
Minor Conditional Use Permit 17-005; a proposal to
establish vehicle service and repair at 14168
Poway Road
Summarv:
Minor Conditional Use Permit (MCUP) 17-005 is a proposal to establish an accessory,
service and repair area for a Honda vehicle dealership within an existing building located
in a multi -tenant commercial center located at 14168 Poway Road in the Automotive
General Commercial (AGC) zone. The new Honda dealership, which will be called Poway
Powersports and is permitted by right in the AGC zone, will sell motorcycles, scooters,
all -terrain vehicles, and accessory retail items.
Recommended Action:
It is recommended that the City Council approve MCUP 17-005, subject to the conditions
of approval in the Resolution included as Attachment A.
Discussion:
Melo Gusman from Poway Powersports is the applicant on this proposed MCUP, and
WW Poway Road LLC is the property owner. Pursuant to the Poway Municipal Code
(PMC), vehicle service and repair can be permitted at this location in the AGC zone with
the approval of an MCUP by the City Council. The site location and zoning map is
included as Attachment B.
The site is developed with three buildings, a parking lot, and other site improvements
which were approved under Development Review (DR) 85-02 and constructed in 1986.
Poway Powersports intends to occupy the entire first floor (approximately 8,100 square
feet) of the largest building on the site. The site plan is included as Attachment C. Of the
8,100 square feet, approximately 1,500 square feet in the rear (i.e. north side) of the
building would be for the service and repair area. Vehicles will access the area through
a new roll up door to be installed along the north side of the building. All work and vehicle
storage will occur within the building. Interior improvements, such as an upgraded
ventilation system and a fire wall separation to comply with health and safety
requirements, may be required and will be evaluated as part of the building permit
process. The floor plan and north building elevation are included as Attachment D. It
1 of 11 August 15, 2017, Item # S.
MCUP 17-005
August 15, 2017
Page 2
should be noted that this building has a partial second story, which is over the proposed
service and repair area, and this second -floor space is the property owner's real estate
office. Adequate parking exists on the project site for this and all other uses within the
commercial center.
The on-site uses within the center and uses to the east, west, and south of the project
site are a mix of commercial uses. Onsite uses currently are office and retail. An
automobile dealership storage lot is adjacent to the site to the west. A self -storage use
is adjacent to the site to the east as well as to the south, across Poway Road. Other uses
across Poway Road are an automobile body repair facility and a convenience store.
A multi -family residential use is adjacent to the site to the north, and single-family uses
are beyond that to the north/northwest of the project site. Given the adjacency of
residential and office uses, potential issues relating to noise were assessed. A noise
study was prepared and demonstrates the project will comply with the City's noise
standards. Work will occur within the building and there is an existing eight -foot -high
block wall located along the northerly property line.
Community Meeting
A community meeting was conducted on June 26'^ where 2 interested individuals from
the same household attended. The proposal was overviewed, general questions on
operations and timing were asked, and the applicant responded. The primary concern
brought up was the potential for noise. Staff explained that a noise study was prepared
and it demonstrates the activity would comply with City noise standards. It was also
explained that all work would occur within the building. It was also pointed out that the
existing eight -foot -high block wall along the north side of the project (i.e. in between the
site and the residential use) would be effective in minimizing noise. It was explained the
hours of operation would be from 9 a.m. to 6 p.m. and that the facility would be closed on
Sundays.
Environmental Review:
The proposed project is Categorically Exempt from the California Environmental Quality
Act (CEQA) as a Class 3 Categorical Exemption, pursuant to Section 15303 of the CEQA
Guidelines, in that the project involves minor interior and exterior alterations and
conversion of use in a small area of an existing building.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners
and occupants located within 500 feet of the project site.
2 of 11 August 15, 2017, Item # S.
MCUP 17-005
August 15, 2017
Page 3
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Floor Plan and Exterior Elevation
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
3 of 11 August 15, 2017, Item # 3•�
RESOLUTION NO. P -17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 17-005
ASSESSOR'S PARCEL NUMBERS 323-190-65
WHEREAS, Melo Gusman, on behalf of Poway Powersports, has submitted a
request for approval of a Minor Conditional Use Permit (MCUP) to establish vehicle
service and repair, as an accessory use for a Poway Honda dealership, within an existing
building located in the multi -tenant commercial center at 14168 Poway Road, in the
Automotive General Commercial (AGC) zone; and
WHEREAS, on August 15, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the proposed project is Categorically
Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical
Exemption, pursuant to Section 15303 of the CEQA Guidelines, in that the project
involves minor interior and exterior alterations and conversion of use in a small area of
an existing building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for MCUP 17-005, are 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 vehicle repair and service is allowed in the ACG zone
with a MCUP and the project will comply with development regulations.
B. 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 project
will comply with development regulations.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the project will occupy
the developed building.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
4 of 11 ATTACHMENT A August 15, 2017, Item # 3
Resolution No. P -17 -
Page 2
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the use will comply with development regulations.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that this use will not generate more traffic than that associated with a typical
commercial use.
G. The site is suitable for the type and intensity of use and development, in that the
project site is already developed with commercial building and establishment of
this use in the existing building will not generate more traffic than that is associated
with typical commercial uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural
habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
That 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. That the proposed conditional use will comply with each of the applicable
provisions of this title.
Section 3: The City Council hereby approves MCUP 17-005 to establish vehicle
service and repair within the existing building located at 14168 Poway Road, as shown
on approved plans on file at the City, subject to the following conditions:
A. Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
5 of 11 August 15, 2017, Item # 3.
Resolution No. P -17 -
Page 3
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
C. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood, and a deed covenant
with these conditions of approval shall be recorded on the property.
D. 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.
E. The terms and conditions of MCUP 17-005 shall be binding upon the permittee
and all persons, firms and corporations having an interest in the property subject
to these permits, and the heirs, executors, administrators, successors, and assigns
of each of them, including municipal corporations, public agencies and districts.
F. MCUP 17-005 shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year.
G. Building Permits are required for all new tenant improvements associated with
the facility. All requirements deemed necessary by the Building Division and
Fire Department, based on the change of use/occupancy in this building, will be
determined in the building plan review process.
H. The applicant is required to meet all applicable PMC and California State Fire and
Building Codes for this project. The applicant is encouraged to contact the Division
of Fire Prevention at (858) 668-4473 to set up a meeting prior to submitting building
plans in order to review project requirements. The following is required to the
satisfaction of the Director of Safety Services:
Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
2. Buildings shall display the approved numbers and/or addresses in a location
plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Each building address shall also be displayed
on the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department-ASTREA criteria.
6 of 11 August 15, 2017, Item # 3.1
Resolution No. P -17 -
Page 4
3. A 2A10BC fire extinguisher(s) are required for office areas every 3,000
square feet and 75 feet of travel distance.
4. The applicant shall provide a detailed plan for all storage areas and a
complete racking plan, when applicable.
5. In addition to other ventilation requirements, a Fire Department -approved
mechanical ventilation system shall be installed when the indoor storage of
vehicles or recreational vehicles occurs.
Signs are subject to a separate Planning Division permitting process, and may
additionally require subsequent Building Permits. The applicant shall submit a
separate Sign Permit application for any signs.
J. Outdoor repair work is not permitted.
K. Outdoor storage of vehicles awaiting service/repair is not shown nor approved with
this application. Outdoor storage may be approved by City staff as an
administrative amendment to MCUP 17-005, provided compliance with all City
standards can be demonstrated.
L. The site shall be kept in an orderly and well-maintained condition at all times.
Section 4: The approval of MCUP 17-005 shall expire on August 15, 2019, at
5:00 p.m. unless, prior to that time, a Building Permit has been issued and/or
establishment of the use on the property in reliance on this MCUP approval has
commenced prior to its expiration.
Section 5: 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.
7 of 11 August 15, 2017, Item # 3.1
Resolution No. P -17 -
Page 5
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 15th day of August 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17- was duly adopted
by the City Council at a meeting of said City Council held on the 15th day of August 2017,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, City Clerk
City of Poway
8 of 11 August 15, 2017, Item # 3-t
N
0 90 180
IM
-Subject Lobation:
14168 Poway Road
360
T Feet
CG
CITY OF POWAY
Zoning / Location Map
Item: MCUP 17-005
9 of 11 ATTACHMENT B August 15, 2017, Item # 3 -1
�
9:/
f`\C
LE
.+a
ƒ
\ S
a7
SZ_-
2�5
d%
\
\\
2227;§
{,_�—..
2232$$
10 @11 ATTACHMENT c
2
§
August 1$ J9,Item ,sa
At
Ft-
q
O
o 4)
04 5
aU
00 o o U
�P,.2v1
N -
11
11 of 11
ATTACHMENT D August 15, 2017, Item # 3.1