Res P-00-27RESOLUTION NO. P-00-Z7
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 00-003
ASSESSOR'S PARCEL NUMBER 323-190-75
WHEREAS, Minor Conditional Use Permit 00-003, submitted by Adrian Setyadi,
Applicant, is requesting approval to allow installation of aftermarket (wheels,
tires, ground effects) and minor performance upgrades (air filters, headers, suspension
systems, etc.) within 6,980 square feet of the existing 8,880 square foot building located
at 14010 Poway Road within the ,~ 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 hearing on the above
referenced item; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Minor Conditional Use Permit 00-003 is Categorically Exempt from the
California E Quality Act, Section 15301 (Class 1 existing facilities) because
the use will operate within an existing building that was previously used f /cie
:1 repair.
Section 2: The findings in compliance with Section 17.48.070 of the Poway Municipal
Code for Minor Conditional Use Permit 00-003 are made as follows:
That 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
servicing use can be established within the Automotive General C zone
with the approval of a :litional use permit.
That the l design and operating characteristics of th
installation business will be compatible and will not have an adverse affect or be
materially detrimental to adjacent uses, buildings, or because the use will
be located within an existing building, an 8 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 8 foot high wall will be added
to buffer th from the adjacent single-family homes.
That the I ~ operating ch : the aut installation
use will not be detrimental to the public health, safety, or welfare, or materially
_ Resolution No. P-00-27
Page 2
injurious to properties or improvements in the area in that the use will operate
within an existing building which is served by adequate public facilities.
That there will not be significant harmful effects upon :al quality and
natural in that the use will operate within an existing building on a fully
developed site and because special conditions of approval require that all
hazard be propedy stored and disposed in accordance with the County
E Iai Health Department hazard ~.
That the § :traffic will not adversely impact the surrounding 'l/or
the City's Cimulation Element, in that the use will Ol; `3 developed
property wh ' .3 street imp :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.
That there are no other relevant negative impacts of the use that cannot be
mitigated, in that if any negative imf the City may bring the
MCUP back 1' I possible modificat' ~ion.
Section 3: The City Council hereby approves Minor Conditional Use Permit 00-003 to
allow installation of 3proximately 6,980 square feet square feet
of an existing building, as shown on plans dated February 8, 2000, at 14010 Poway Road,
north of il lh Sudan Road within the Automotive 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 property owner shall
execute a Covenant Regarding Real Property.
The conditions of approval contained in Resolution No. P-83-05 for Vadance 82-09
and Resolution No. P-83-06 for Development Review 82-03 shall remain in effect
except as modified by this Resolution.
This Minor Conditional Use Permit is granted in reliance upon 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 00-003 which first, the existing auto detail business
("Dr. Detail") shall cease and the tent fencing and barbed wire shall be
removed to the sat ;the Director of Development Services. Any remaining
fencing within the parking area shall not inhibit the use of required parking.
-- Resolution No. P-00-27
Page 3
Within 60 days of the date of this approval, or prior to establishment of the use
pursuant to MCUP 00-003 or prior to issuance of a building permit, whichever
occurs first, the building and omsite 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 sat ; 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 inter[ere with the reasonable use and enjoyment of surrounding
residential and uses.
Minor Conditional Use Permit 00-003 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 h :t during the
past year.
A Building Permit is required prior to the establishment of the use pursuant to
MCUP 00-003. Prior to issuance of 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 ordinances in
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 minimum of 23 parking
spaces, including one parking space accessible to persons with
physical disabilities with ' ' ' ;Iht foot wide loading/unloading
aisle, and /cie space.
Landscaping within the front yard setback along Poway Road showing
a minimum of three 15 gallon street trees a 130 feet on
cenl ' ' five gallon shrubs, and ground :1 by a
Resolution No. P- 00-27
Page 4
permanent irrigation system. The existing
screened and the location of the proposed
noted.
utility box shall be
I sign shall be
Landscaping in front of the building and along the western property
line shall be shown.
The I :1 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 submitted for
approval to the Development Services Department, Planning Division.
']'he color and !the wall shall be c~ :1 compatible
with the existing wall.
Any changes (color, materials, design) to the exterior of the building shall be
coordinated with th ~itect of the property and a building permit
shall be obtained for reconstruction with new mat 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 ' ~ a building permit.
The plans submitted to the Building Division shall show a spill containment
area in the service bay area to insure that accidental hazardous materials
spills or leaks can be effectively contained.
Prior to establishment of the use pursuant to MCUP 00-003, the applicant shall
comply with the following:
All imp ~own on the approved building plans, landscape plans
and site plan 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 3all 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 the sat : the City Traffic Engineer.
Th lall be identified by an alpha designator (Suite A, B, C, etc.)
under the existing address.
-- Resolution No. P-00-27
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 federal, state and 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.
Any test drives are to be conducted on
streets.
:1 not on residential
Vehicle engines shall not be revved or operated in a manner that will
generate loud disturbing noise on the outside of the building.
Applicant shall not store flammable and/or combustible liquids to the
sat !the Fire Marshal.
Applicant shall comply with req
purposes of operating a business.
of the Uniform Fire Code for
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 memhandise or motorcycles is allowed except as
permitted by a temporary use permit or other provisions of the Poway
Municipal Code.
12.
A minimum of 23 car spaces and seven motorcycle spaces (including one
parking space accessible to persons with physical disabilities) shall be
maintained :1 available for use at all times.
Resolution No. P-00-27
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 00-003.
Section 5: If the veh ri 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.
Michael F'~Cafagr~
ATTEST: __
nne Peoples, City Clet'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- 00-27 , 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: HIGGINS0N, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: EMERY
{~nn~ Peoples, City Clerkr' ~)
City of Poway