Res P-00-90RESOLUTION NO. P-O0-90
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
REVOKING MINOR CONDITIONAL USE PERMIT 99-06
AND RESCINDING RESOLUTION NO. P-99-66
ASSESSOR'S PARCEL NUMBER 317-130-47
WHEREAS, on August 31, 1999, the City Council approved Minor Conditional Use
Permit 99-06 and adopted Resolution No. P-99-66 to allow a motorcycle and motor sport
veh :1 repair I~ the building located at 13630 Poway Road within the
Automotive General C zone; and
WHEREAS, Resolution No. P-99-66 established conditions under which the
motorcycle and motor sport veh :1 repair b Id operate; and
WHEREAS, the applicant has failed to comply with all of the condil' -I
in Resolution No. P-99-66 despite repeated efforts by the City to bring the property into
compliance with City codes; and
WHEREAS, the findings pursuant to Section 17.48.070 of the Poway Municipal
Code can no longer be made to support the motorcycle and motor sport vehicle service
and repair business at 13630 Poway Road; and
WHEREAS, on November 14, 2000, the City Council conducted a duly advertised
public hearing, considered all :lations by staff and public testimony.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The proposed ~odcally exempt from the Califomia E
Quality Act pursuant to Section 15321, Class 21 exemption, as th
significant adverse impact on th l.
I not have a
Section 2: The findings pursuant to Section 17.48.070 of the Poway Municipal Code can
no longer be made for Minor Conditional Use Permit 99-06 for a motorcycle and motor
sport veh :1 repair use at 13630 Poway Road as follows:
The location, size, design and operating characteristics of the use are not in
accordance with the purpose of Title 17 of the Poway Municipal Code, the purpose
of the Automotive General C zone, the Poway General Plan, and the
development policies and standards of the City in that the failure to obtain required
City permits has created a threat to the public health and safety, and the
establishment of outdoor storage without the required screening has created a
visual pub] ': the subject site.
Resolution No. P- 00-90
Page 2
The I design, and operating characteristics of th :compatible
with and adversely affects and is materially detrimental to adjacent uses, buildings,
:i natural in that the failure to obtain required City permits
has created a fire safety hazard, the failure to install appropriate containment
facilities for hazardous sub 'J in the b :i the continued illegal
outdoor storage has degraded the apl: ~ th rich adversely affects
the surrounding residential and uses and adversely impacts natural
The harmony in scale, bulk, coverage, and density of th I with
adjacent uses in that the illegal outdoor storage has been established without City
approval. In addition, the approved outdoor storage area has not been improved
with the screening required by Minor Conditional Use Permit 99-06, as stated in
Resolution No. P-99-66.
There are not adequate public facilities, services, and utilities to serve the site
b l and storage facilities for the hazar¢ :1 in the
service and repair business have not been installed in violation County
E Health Department hazardous materials req and City
codes.
The use has had a harmful effect upon desirable neighborhood ch in
that illegal outdoor storage has been established, degrading the visual appearance
of the property and adversely affected the neighborhood.
The g = traffic from the motorcycle and motor sport veh
repair has not adversely impacted the surrounding streets in that the use has
operated on an existing developed property where existing street
iml: place. However, the display of vehicles has occupied required
parking si: ling lion conflicts.
The site is not suitable for the type and intensity of the use in that its operational
characteristics do not comply with the conditions of the Resolution No. P-99-66 and
the p : outdoor storage and vehicle display is of an intensity that cannot
b :1 within the existing building. In addition, the outdoor storage within the
approved area has not been screened as required and the storage of materials
within th' :Is the approved height.
Thera will be significant harmful effects upon ~
that the use of hazarC th
has not been established in accordance with the County E
Department or City Fire and Building Codes.
quality and natural
:I repair business
Iai Health
Resolution No. P-00-90
Page 3
There are oth : negative impacts of the use that cannot be mitigated in that
the repeated attempts by the City to achieve compliance with the conditions of the
Minor Conditional Use Permit 99-06 as stated in Resolution No. P-99-66 since the
use was established in August 1999 have failed and without compliance, the
operation of the use will continue to pose a threat to the public health and safety
and continue to degrade the neighborhood ch :1 3ility
of the surrounding uses.
Section 3: The City Council hereby finds that the following
Road:
: at 13630 Poway
Failure to comply with the following conditions of MCUP 99-06 as contained
in Resolution No. P-99-66:
1. County E Health Department hazardous materials
req and that either an acceptable designed oil water
;)ill l area be installed in the service by areas
to manage any possible leaks or spills.
2. Execul ~ regarding real property.
3. Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing
Code, National Electdc Code, Uniform Fire code and all other
applicable codes and ordinances.
4. To construct an eight-foot masonry wall around the proposed outdoor
storage area to completely screen all vehicles, merchandise,
equipment, etc. from view.
5. Required federal, state and county health and safety standards,
regarding the handling and disposal ofveh ' ~ ~1
chemicals.
6. Displaying ' ! 1' j ;)ort vehicles without
prior approval of the Director of Development Services, and the
related landscaping req
7. An approved Sign Permit was not obtained prior to the installation of
the sign copy on th ~, sign on Midland Road, as required by
the City of Poway Sign Ordinance.
Failure to comply with the Uniform Building Code including, but not limited
to the following:
1. The southeast exit door in the show room area, must comply with
approved door-hardware for proper type of lock or latch per the
Uniform Building Code (Sec. 1003.3.1.8 UBC).
2. The path of exit travel shall not be obstructed in any manner
(Sec. 1003.2.5 UBC).
Resolution No. P- 00-90
Page 4
o
Repair of the inside landing next to the door's threshold by replacing
the damaged cement step with a ramp that complies with the
· ' q 1' changes of less than 12
inches along the path of travel serving an occupant load of 10 or more
(sec. 1003.2.6 UBC).
Failure to comply with the Uniform Fire Code including, but not limited to the
following:
1. R 'de storage and dispensing operations of 55-gallon drum
barrel of gasoline, to an outside location approved by the fire
department (Article 79 UFC).
2. C portable tanks, safety cans and equipment used or
intended to be used for the storage and/or dispensing of flammable
or combustible liquids, shall be of an approved type in accordance
with nationally recognized standards (7902.1.8.1.1 UFC).
Section 4: Minor Conditional Use Permit 99-06 is hereby revoked and the applicants shall
: the subject property for p : all motorcycle and motor sport vehicle
repair and ldoor display and storage and related activities within thirty (30) days
of the date of this action.
Resolution No. P-99-66 is hereby rescinded.
EFFECTIVE DATE: This Resolution shall take effect and be in force on
Wednesday, December 20, 2000 if no building permit has been issued by that time. If a
building permit is obtained on or before December 20, 2000, revocation is further
suspended until February 20, 2001 and would only go into effect on that date if a
Certificate of Compliance has not been issued. It is further required that all health and
safety conditions be resolved to th I staff on or before December 20, 2000
and that all conditions of approval pursuant to Resolution No. P-99-66 be satisfied on or
before February 20, 2001. Before the expiration of ten (10) days after its passage, this
Resolution shall be published once with th :t members voting for and against
the same in the Poway News Chie~ ' 3aper of general published in the
City of Poway.
-- Resolution No. P- 00-90
Page 5
a reg
ATTEST:
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
;I this 14th day of November 2000.
nne Peoples, City'Clerk
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-00-90Nas duly adopted by the City
Council at a meeting of said City Council held on the 14th day of November 2000, and that
it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
L~Loo ~n~eL/'~ ~
Peoples, City Clerk
City of Poway