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Res P-00-16RESOLUTION NO. P-00-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 94-01(M), ASSESSOR'S PARCEL NUMBER 314-710-33 WHEREAS, Conditional Use Permit 94-01(M), Adel Ibrahim, applicant, requests approval to install a smog test station in one of the two work bays used presently for auto detailing at Touch of Class Auto Care, located at 14713 Pomerado Road, in Twin Peaks Plaza, in the C General (CG) zone; and WHEREAS, on February 22, 2000, the City Council held a duly advertised public headng to solicit comments from the public, both pro and con, relative to this application; and the City Council considered the ah :1 item. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds the project to be Categorically Exempt pursuant to Section 15302 (Class 2) of the California E Quality Act because the use will operate within existing facilities. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 94-01(M) approving the installation of the smog test station within an existing bay in th 3 building, are made as follows: That the location, size, design, and operating ch of the use are in accordance with the general plan and the zoning ordinance in that a car wash facility with accessory :ling auto detailing and other related 3atible land use in a CG zone when governed by a conditional use permit. That the l design, and operating ch 'the smog station will be compatible with and will not have an adverse effect or be materially detrimental to adjacent uses, buildings, or because it will be located within an existing work bay' ' .3 car wash operation where there will be no exterior change to the facility. That the location and operating ch ;the smog test station will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area for the :1 above. That there will be no significant harmful effects upon quality and natural in that the use will operate within an existing building on a previously developed site. There are no natural areas on the property. Auto ' 3tured by the test equipment. Resolution No. P- 00-:~ 6 Page 2 E= That the ~ :traffic will not adversely impact the surrounding :l/or the City's Circulation Element, in that the use will o1~ 3 developed property wh ' .3 imp :1 sufficient off-street parking are in place. That there are no other relevant negative impacts of the use that cannot be mitigated. Section 3: Conditional Use Permit 94-01(M) which will allow the of one of the two existing auto detail work bays to a smog test station at 14713 Pomerado Road in the CG zone is hereby approved subject to the following conditions: Conditions of approval for Conditional Use Permit 94-01 contained in Resolution No. P-94-18, approving the car wash and minute lube are included here by :1 remain in full force and effect. Within 30 days of approval (1) the applicant shall submit in wdting that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The uses conditionally granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of th ~ling residential and uses. Approval of this request shall not ord' :1 all other applicable City ord' permit issuance. 31lance with all ! the zoning effect at the time of building The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 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. Pdor to any use of the project site for the subject b approval contained herein shall be completed to the sal Development Services. :y, all conditions of f the Director of Resolution No. Po 00- 16 Page 3 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 22nd day of February, 2000. Michael P. Cafagna~ ATTEST: L~or (~n&oples, Ci'~tye'Cl~r~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Lcd Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury, that the foregoing Resolution No. P- 00-16 was duly adopted by the City Council at a meeting of said City Council held on the 22nd day of February, 2000, and that it was so adopted by the following vote: AYES: HIGGINSON, GOLDBY, EMERY, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE Lcd, Anne Peoples, C ty Cl~'rk City of Poway