Res P-00-26RESOLUTION NO. P-00-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99-11
ASSESSOR'S PARCEL NUMBER 323-190-75
WHEREAS, Minor Conditional Use Permit 99-11, submitted by Kevin Leap,
applicant, requests approval to establish a motorc~ ~1 repair use within 1,900
square feet of the existing 8,880 square foot building at 14010 Poway Road, north of its
lh Sudan Road within the Automotive General C zone; and
WHEREAS, on April 4, 2000, the City Council continued the item to April 18, 2000;
and
WHEREAS, on April 18, 2000, the City Council held a public hearing on the above
referenced item; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Minor Conditional Use Permit 99-11 is Categorically Exempt from the Califomia
E Quality Act, Section 15301 (Class 1, existing facilities) because the use will
operate within an existing building that was previously used f /cie service and
repair.
Section 2: The findings, in compliance with Section 17.48.070 of the Poway Municipal
Code for Minor Conditional Use Permit 99-11, are made as follows:
The location, size, design, and operating characteristics of the use are in
accordance with the General Plan and the Zoning Ordinance in that a vehicle repair
use can be established within the A General C zone with the
approval of a 'litional use permit.
The location, size, design, and operating ch ~the motomy
and repair business will be compatible and will not have an adverse effect or be
materially detrimental to adjacent uses, buildings, or ~ because the use will
be located with' ' ' ~ building. An eight-foot high masonry wall
already exists along most of the common property line with adjacent residential
development to the west and an additional length of eight-foot high wall will be
added to buffer th from the adjacent single-family homes.
The location and operating ch :the motorcy :1 repair use
will not be detrimental to the public health, safety, or welfare, or materially injurious
to properties or imp in the area in that the use will operate within an
existing building which is served by adequate public facilities.
Resolution No. P-00-26
Page 2
There will not be significant harmful effects Ul: Iai quality and natural
that the use will operate with' ;I building on a fully developed
site and because special conditions of approval require that all collected vehicle
fluids be properly stored and disposed in accordance with the County E
Health Department hazard ~ :1 that eith 3tably
designed oil 3ill l area be installed in the service bay
area to manage any possible leaks or spills.
The g =traffic will not adversely impact the surrounding streets and/or the
City's Circulation Element, in that the use will operate on an existing developed
property wh ' 3 street imf :1 off-street parking are
in place as provided by a 1983 City Council resolution for a prior use within the
building on the site.
th
that if any
1'
:h : negative impacts of the use that cannot be mitigated, in
negative imp the City may bring the MCUP back
possible modificat'
Section 3: The City Council hereby approves Minor Conditional Use Permit 99-11 to allow
service and repair of motorcycles in approximately 1,900 square feet of an existing
building, as shown on plans dated November 22, 1999, at 14010 Poway Road, north of its
:h Sudan Road within the A " General C zone subject to
the following conditions:
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 proper~y owner shall
execute a Covenant Regarding Real Property.
The conditions of approval contained in Resolution No. P-83-05 for Variance 82-09
and Resolution No. P-83-06 for Development Review 82-03 shall remain in effect
except as modified by this resolution.
Th' :litional use permit is granted ' pon the Reciprocal Access
and Parking Agreement dated December 1984 and required pursuant to Resolution
No. P-83-06 for Development Review 82-03.
Within 30 days of the date of this approval or prior to establishment of the use
pursuant to MCUP 99-11, which first, the existing auto detail business
("Dr. Detail") shall cease and the tent structures, fencing, and barbed wire shall be
removed to th =the Director of Development Services. Any remaining
fencing within the parking area shall not inhibit the use of required parking.
Resolution No. P-00-26
Page 3
Within 60 days of the date of this approval, prior to establishment of the use
pursuant to MCUP 99-11 or prior t : a building permit, which
first, the building and onsite parking shall be modified such that the building square
footage does not exceed a parking demand of 23 standard spaces and one
motorcycle space to the satisfaction of the Director of Development Services. All
required permits from the City shall be obtained prior to initiation of any work.
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.
Minor Conditional Use Permit 99-11 may be subject to annual review as determined
by the Director of Development Services for compliance with the conditions of
approval and to add that may I~ -1 during the past year.
A building permit is required pdor to the establishment of the use pursuant to MCUP
99-11. Prior to ' : a building permit, the applicant shall comply with the
following:
Tenant improvement plans incorporating all conditions of approval shall be
submitted to the Building Division for review and approval. During this
review process, the tenant improvement plans shall be routed to the Fire
Marshal 1' :1 approval.
The imp 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'
effect at the time of building permit issuance.
A landscape plan and revised site plan shall be submitted for approval by the
Director of Development Services. The plans shall show the following:
A striping plan for the parking lot showing a ' ' : 23 parking
spaces, including one parking space accessible to persons with
physical disabilities with ' ' ';]ht foot wide loading/unloading
aisle, and ~,cle space.
Landscaping within the front yard setback along Poway Road showing
a ' ' : three 15 gallon street trees a f 30 feet on
center, and minimum five gallon shrubs and ground :1 by
a permanent irrigation system. The existing utility box shall be
Resolution No. P-00-26
Page 4
screened and the location of the proposed
noted.
sign shall be
Landscaping in front of the building and along the western property
line shall be shown.
The location and design of the eight-foot high wall along the western
property line starting at the 1' :the existing wall and extending
north the entire length of the property line shall be provided. The
color and ;the wall shall be d :1 compatible with
the existing wall.
Any changes (color, materials, design) to the exterior of the building shall be
coordinated with the ~itect of the property and a building permit
shall be obtained 1' ~h ;terations to the
building facade, so that they Jance with the Poway Road Specific
Plan. Exterior building modifications shall be subject to the approval of the
Director of Development Services prior to ' I a building permit.
The plans submitted to the Building Division shall show either an oil/water
clarifier or a spill containment area in the repair bay area to insure that
potential hazardous 3ills or leaks can be effectively contained.
Prior to establishment of the use pursuant to MCUP 99-11, the applicant shall
comply with the following:
All imp ~own on the approved building plans, landscape plans
and site plans shall be installed to the satisfaction of the Department of
Development Services--Building Division, Planning Division and Engineering
Division and the Department of Safety Services.
A solid metal gate painted to match the trash ~all be installed on
the trash to the satisfaction of the Director of Development
Services.
A "Do Not Enter" sign shall be installed at the driveway exit onto Pomerado
Road to th ~ I the City Traffic Engineer.
Th 3all be identified by an alpha designator (Suite A, B, C, etc.)
under the existing address.
-- Resolution No. P- 00-26
Page 5
Upon establishment of the use in
the following conditions shall apply:
~)on this
:litional use permit,
The hours of operation for repair and service shall be limited to 9:00 a.m. to
6:00 p.m., Monday through Saturday.
Any signs proposed for this development shall be designed and approved in
:h the City of Poway Sign Ordinance by separate permit.
Handling and disposal of vehicle related materials and chemicals shall
comply with required fed :1 county health and safety standards.
Any air compressor units used for the business shall be enclosed within
sound absorbing cabinets or within a completely enclosed room while in
operation.
The service, repair and installation work is to be conducted inside the
building.
Vehicle engines shall not be revved or operated in a manner that will
generate loud disturbing noise on the outside of the building.
7. Motorcycle test routes shall not use streets in residential neighborhoods.
Applicant shall not store flammable and/or combustible liquids to the
saf ' ;the Fire Marshal.
Applicant shall comply with requirements of the Uniform Fire Code for
purposes of operating a business.
10.
If any modifications to the existing buildings should occur, plans shall be
submitted for approval prior to initiating the work.
11.
No outdoor display of merchandise or motorcycles is allowed except as
permitted by a temporary use permit or other provisions of the Poway
Municipal Code.
12.
A ' ' ~ 23 car spaces and seven motorcycle spaces (including one
parking space accessible to persons with physical disabilities) shall be
-I on-site and available for use at all times.
Resolution No. P-00-26
Page 6
Section 4: This approval shall become null and void if the vehicle service and repair
business has not begun operation within two years from the date of the approval of Minor
Conditional Use Permit 99-11.
an 5: If the veh :1 repair use is discontinued for a period of more than
180 days, this permit shall no longer be in effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a regular meeting this 18th day of April, 2000.
ATTEST:
Mich~
n e Peoples, City CI k
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-00-26 , was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of April, 2000 and
that it was so adopted by the following vote:
AYES: HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: EMERY
~' ~O~nn: ~oples, ~ Cl~k
City of Poway