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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