Res P-03-46RESOLUTION NO. P-03-46
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO MINOR CONDITIONAL USE PERMIT 00-006(M),
A REQUEST BY THE POWAY MITSUBISHI
TO EXPAND THE AUTOMOTIVE DISPLAY AREA
APNs: 323-201-22 and 323-203-20
WHEREAS, on August 14, 2001, the City Council approved Minor Conditional Use
Permit 00-006, Development Review 00-17, and Variance 01-11 to establish a Mitsubishi auto
dealership, including sales office, and service facility on a 0.99-acre site located
at 13864 Poway Road within the/~ General C (AGC) zone of the Poway
Road Specific Plan, pursuant to Resolution No. P-01-42; and
WHEREAS, an application for a modification to Minor Conditional Use Permit 00-
006(M) was submitted by Poway Mitsubishi, applicant and owner, to establish additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 2.27-acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post
Road and within the A General C (AGC) zone of the Poway Road Specific
Plan (13910 Poway Road), and
WHEREAS, on August 5, 2003, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California E Quality Act as a Class 32, pursuant to Section 15332 of the CEQA
Guidelines, because the project is ch :1 as an in-fill development which'
with existing zoning, less than 5 and is adequately served by all required utilities.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the modification to Minor Conditional Use Permit 00-006(M) establish additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 227-acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post
Road and within the/~ " General C (AGC) zone of the Poway Road Specific
Plan, are made as follows:
The location, size, design, and operating ch of the expanded Poway
Mitsubishi auto dealership, -I with the title and purpose of Chapter 17.48 of
the Poway Municipal Code (Conditional Use Permit Regulations), the AGC zone, the
Poway Road Specific Plan, the City General Plan, and the development policies and
standards of the City in that a auto dealership is allowed with a Minor Conditional Use
Permit.
The location, size, design, and operation characteristics of the expanded Poway
Mitsubishi auto dealership will be compatible with and will not adversely affect or be
Resolution No. P-03-46
Page 2
materially detrimental to adjacent uses, residents, buildings, structure, or natural
· that the expansion is limited to of additional parking spaces for car display
that will be buffered from adjacent residential uses by an 8-foot-high wall, sidewalk and
driveway for a total of approximately 33 feet.
The expanded Poway Mitsubishi auto dealership is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the project
: the establishment of a parking lot.
There are adequate public facilities, services, and utilities available at the subject site
to serve the expanded Poway Mitsubishi auto dealership.
There will not be a harmful effect upon the desirable surrounding property
ch that the expanded Poway Mitsubishi auto dealership will be limited to
a parking lot that will be buffered from adjacent residential uses by an 8-foot-high wall
and landscaping. Lighting will be designed to not spill '~hbodng residential
properties.
The g ' :traffic by the proposed expanded Poway Mitsubishi auto dealership
will not adversely impact the capacity and physical character of the surrounding streets
in that the access to the new display lot will be .provided via two new driveways off of
Poway Road and Evanston Drive. Car transport trucks will deliver th by
entering the expanded parking lot via Evanston Drive and existing through Poway
Road. The car transport truck and test driving will be prohibited in surrounding
neighborhoods.
Th "~le for the type and intensity of the proposed expanded display parking
lot in that the site is located on a major thoroughfare lot in the vicinity of other auto
dealerships, and the topography of th y level.
There will not be significant harmful effects upon quality and natural
that the expanded auto dealership is located on a previously developed
property, and does not involve the removal of natural habitat
Th : negative iml:
that cannot be mitigated.
. -1 with the expanded auto dealership
The potential impacts, and the proposed location, size, design, and operating
ch of the expanded auto dealership will not be materially injurious to
properties or imp ' the vicinity, nor be contrary to the adopted General Plan,
in that the expanded auto dealership has been designed and sited to comply with the
Poway Road Specific Plan, the Poway Zoning Code, and the General Plan.
The expanded auto dealership will comply with all the applicable p ' ' ~Chapter
17.48 of the Poway Municipal Code.
Resolution No. P- 03.46
Page 3
Section 3:
imf
The finding :lance with G
are made as follows:
: Code Section 66020 for the public
A. The design and imp of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all necessary
:1 facilities will be available to serve the project. The payment of fees toward public
imf :led as a result of the proposed development to protect the public health,
safety and welfare as identified below:
The project requires payment of drainage and traffic mitigation fees, which are
assessed on a pro-rata basis to finance and provide public
imf , to promot ' 'J healthy i for the residents of
the City.
Section 4: The City Council hereby approves MCUP 00-006(M) to establish an additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 2.27-acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post
Road and within the Automotive General C (AGC) zone of the Poway Road Specific
Plan, subject to the following conditions:
Approval of this MCUP request shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Ordinance and all other applicable
City ore :fect at the time of Building Permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and, (2) the property owners
shall Covenant Regarding Real Property.
4
The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with th ~le use and enjoyment of surrounding uses.
Conditions of approval listed in Resolution No. P-01-42 approving MCUP 00-006, DR
00-17, and VAR 01-11 are fully incorporated herein by this reference except as
modified in th' for MCUP 00-006(M).
The conditions of MCUP 00-006(M) shall ~ect for the life of the subject auto
dealership, and shall run with the land and be binding upon fu!
heirs, and I ' : the current property owner.
MCUP 00-006(M), and any revision thereto, 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 have been raised during the prior year.
The Egg-O-Matic building shall I: :l to a location identified by the Public VWrks
Department within the Public Works storage yard. Prior ! ";] the building, the
Resolution No. P- 03-46
Page 4
contractor shall submit a plan for review and approval by the Director of
Development Services. The plan shall show hew the building will be shored up and
securely transported to its new location.
Prior to demolishing the existing buildings, the developer shall obtain a Demolition
Permit.
The applicant shall submit a Tree Removal Permit application and associated fees to
the Planning Division for approval prior t ~ any I :ling 3 inches in
diameter. Prior to the issuance of a Tree Removal Permit, a tree report
prepared by a qualified landscape architect or arborist shall be submitted to the
Planning Division for review and approval to determine which existing trees can be
saved onsite. The report shall evaluate the health of existing trees and the ability to
incorl: ~1 trees into the landscaping and site development for the property.
Mature trees shall I: -I wherever possible. Trees approved f shall
be mitigated pursuant to Chapter 12.32, "Urban Forestry," of the Poway Municipal
Code.
In the event that either of the two parcels upon which the auto dealership pursuant to
this Minor Conditional Use Permit 00-006(M) is located come under separate
ownership, and one of the ownerships wishes to terminate the use on its parcel, the
property owner(s) shall request a public hearing prior to 1 of the use for
modi! " ~Minor Conditional Use Permit 00-006(M). If it is the desire
of the property owner to terminate the use, prior to termination this CUP shall be
revoked by the City Council in its entirety. The property ~, request approval of
a modification to the Minor Conditional Use Permit to allow the facility t
of the lots. Such modification shall be subject to a public hearing and must be
approved by the City Council and the facility :t on one of the parcels prior to
cessation of the facility on the other parcel. The applicant shall sign an agreement that
acknowledges the fact that a permit request from either property owner
would result in the permit being revoked on both parcels, 'lification to the
Minor Conditional Use Permit is approved and implemented prior to either the sale of,
or the cessation of the use on, one of the parcels. The form and content of said
agreement shall be to th ~ : the City Attorney.
Delivery off licles, :1, on adjacent streets is prohibited. Vehicles
shall either be delivered to the parking lot on the northeast corner of Poway Road and
Evanston Drive located at 13910 Poway Road, or to a City-approved offsite vehicle
delivery/storage site and then individually driven to the site. The applicant shall actively
participate with other auto dealers in the establishment of an offsite vehicle
delivery/storage facility. The applicant shall not be financially obligated for the use of
the facility until it ls use of the facility. The cost to the applicant shall not
exceed the fair rental value of the property or portion thereof. The applicant shall be
responsible for advising all vehicle transporters of the applicable delivery location.
Resolution No. P- 03-46
Page 5
Prior to establishing the use of the expanded parking lot based on the site plan date
stamped July 21,2003 on file with the Planning Division and the conditions of approval,
the following shall apply:
A revised site plan for the entire Mitsubishi Auto Dealership shall be submitted
to the Planning Division for review and approval to the ' of the
Director of Development Services. The revised site plan shall incorporate the
conditions of approval and designate on-site, parking spaces for
employee, and
The applicant shall submit a grading plan along with a Grading Permit
application, for review and approval to the City's Development Services
Department. Compliance with the following conditions is required prior to
Grading Permit ' :her timing is indicated
A grading plan shall be prepared on a City of Poway standard 3mm, 24"
X 36" mylar at a scale of 1"=20' or larger and submitted along with a
Grading Permit application and applicable fees to the Engineering
Division f :t approval. A grading plan submittal checklist is
available at the Engineering Division front counter. ,~ '. ' 'the
grading plan shall show the following:
All new slopes with 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with ' ' 5-
foot setback from open si: d property lines. Buildings
shall be located at least five feet from tops and toes of slopes,
unless waived by the Planning Division and/or Engineering
Division prior t : a Grading Permit.
ii.
Paving of the parking lot shall conform to the standards set forth
in Section 12.20.080 of the Poway Municipal Code.
iii.
A sel: plan for p
during
'sediment run-off
iv.
All utilities (proposed and existing), together with their
appurt :t assodated Encroachments are
not permitted upon any easement without an approved
Encroachment Agreement/Permit.
L ;all utility boxes, clearly identified in coordination with
the resp Iy companies, and approved by the City prior to
any installation work.
Resolution No. P- 03-46
Page 6
A soils/geological report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted with
the grading plans.
A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all required to properly handle the
drainage. C :~ fl driveways are not permitted.
The grading plans shall include plans for the new
driveway/p ' : off of Evanston Drive as follows:
The driveway/private street d shall include a 28-foot
wide curb-to-curb width, a 5-foot-wide sidewalk along its north
side, and 5-foot landscape ;I both its north and south
sides.
ii.
A landscape planter no less than 5 feet in width shall mark the
southern limits of said driveway/private street except for a
driveway f :1 auto transport trucks to access the display
lot to the satisfaction of the Director of Development Services.
The I 'J width of th 2ject to the approval of
the Traffic Engineer.
iii.
The plans shall sh ' '
their " -I grades.
structural sections together with
iv.
Given the anticipated traff' for this area, the minimum
structural section shall be 3 inches of asphalt concrete over 6
inches of base, in accordance with Poway Municipal Code
Section 1.20.080.
The driveway on Poway Road shall be located at th :~ of the
project site to serve both this project and future development on adjacent
lands.
All driveway approaches to the development shall be
alley-type curb returns.
:1 as
The drainage design on the grading plans shall c~ aliance
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP)
Ordinance.
Resolution No. P- 03-46
Page 7
Prior t ~ a Grading Permit, and if :this project is
to disturb one acre or more, the project owner shall file with the State
Regional Water Quality Control Board a Notice of Intent for coverage
under the statewide General Permit that discharges.
Proof of filing of the NO I and an assigned Waste Discharge Identification
Number shall be submitted to the Development Services Department -
Engineering Division p ' ;a Grading Permit. Applications
for the Notice of Intent may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
If ~this project is to disturb the applicant
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that
effectively addresses the elimination of runoff into the storm
drain system. The SWPPP shall include, but not be limited to, an
effective method of hillside erosion and sediment control; a desiltation
basin with a capacity of 3,600 cubic feet of storage per acre drained, or
designed to remove fine silt for a 10-year, 6-hour :; a material
storage and handling to protect from
being exposed I ~; I~ : all storm d onsite
concrete truck wash and waste control; and other means of Best
Management Practices to effectively eliminate pollutants from entering
the storm drain system including a weather triggered action plan. The
engineer shall certify the SWPPP prior t : a Grading Permit.
The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A ' ' : $2,000 cash security deposit is required.
Should there be a need for a new fire hydrant, a water system analysis
shall be prepared to establish the prol: :1 location of the public
water system. Applicant shall pay to the City the cost of preparing the
analysis. If water imp :luired, the applicant shall submit
improvement plans along with plan check and inspection costs for
approval by the Engineering Division.
The applicant shall attend a I: "~1, at which time they
shall present an Action Plan that identi£ to be implemented
No. P- 03-46
Page 8
during to adc
Compliance f
following guidelines:
sediment, and pollutant control.
can be provided using :the
ProviC desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
ii. Cover all flat areas with an approved mulch.
iii.
Install an earthen or gravel bag berm that retains 3 inches of
water over all at areas prior to discharge, effectively creating a
desiltation basin from the pad
Erosion control, including but not limited to desiltation basins, shall be
installed and ;I by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices
throughout their intended life.
The site shall be developed in accordance with the approved site plans
and conditions of approval on file in the Development Services
Department and the conditions contained herein. Grading shall be in
accordance with the City Grading Ordinance, the approved grading plan,
the approved soils report, and grading p 2table to the City.
C <lng is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
The following development fees shall be paid. These f
effect and are subject to change without notice.
Traffic Mitigation 0.9 acre x 300 trips/acre x $66 x 0.25 = $4,455
Drainage Fee 0.9 acre x $1,200/acre
= $1,080
Park Fee NA
The applicant shall apply to the City for dedication of a general public
utility easement over the driveway on Evanston Drive, as well as public
for new fire hydrant lines.
Resolution No. P- 03-46
Page 9
Complete landscap d ~all be submitted to and
approved by the Planning Division. The landscape plans shall
incorp 'lations of the City-approved ~ort
and conditions of approval contained in this resolution. Landscape plan
check fees are required upon submittal of the plans, Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Req ' (latest edition)·
Details of any new exterior lighting, including fixture type and design,
shall be submitted the Planning Department for review and approval.
The lighting shall be consistent with the existing lighting of the Poway
Mitsubishi auto dealership and shall comply with the following:
All outdoor lighting shall be shielded or directed so that no light
spillage shall encroach into adjoining residential proper1'
Poway Road or Evanston Drive. After 11:00 p.m., all lighting shall
be Iow-pressure sodium with the overall wattage kept to a
· ' :tothe residential neighbors. Automatic
timers shall be installed to insure compliance with the dark
sky/Iow pressure sodium requirement. The height of
freestanding light posts shall not exceed 18 feet.
ii.
All exterior lighting shall be scheduled so that light rays emitted by
the fixture are projected below the imaginary horizontal plan
passing through the lowest point of the fixture an in such a
manner that the light is directed away f d adjoining
properties.
iii.
The intensity of light at the boundary of any single-family zone
shall not exceed 75 lamberts from a source of reflected light.
The site shall be developed in compliance with the approved revised site plan.
The designated parking spaces shall be clearly marked using paint and signage
to th ' the Director of Development Services.
The developer shall construct an 8-foot-high decorative block wall along the
north property line of the parking lot to the satisfaction of the Director of
Development Services. A Building Permit shall be obtained prior to the
' the wall.
Rough grading of the lot is to be completed and meet the approval of the City
Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
10.
11.
Upon
1.
Resolution No. P- 03-46
Page 10
b. A final soil compaction report
approval by the City.
No private imp
rights-of-way or City
shall be placed or . ,1 within public street
y one of the following is satisfied:
An Encroachment Permit has been issued by the City for the
imp or
An encroachment removal agreement has been executed by the
develop :1 subsequently approved by the City; or
Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private imp to b t
Driveway, sidewalk, drainage facilities, and utilities shall be
completed, and inspected by the Engineering Inspector.
An adequate drainage sy d the building pad capable of handling and
disposing all surface water shall be provided to the ' of the
Engineering Inspector.
The applicant shall repair any and all damages to the streets caused by
:y from this project, to the sat : the City Engineer.
Publ
ts required of the project shall be recorded.
Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, I: 16.52.130B
of the grading ordinance. Record drawings shall be submitted in a manner to
allow the City adequate time for review and approval prior to issuance of
occupancy and release of grading securities.
establishment of the expanded auto display lot, the following shall apply:
The use of the site shall b :with the approved revised site plan on file
with the City. Parking spaces designated for employees,
shall be marked as such and shall be kept free of vehicles for sale at all times.
Proposals to change the designation of parking spaces will require City approval
and may be subject to the installation of landscaping per the Poway Zoning
Ord :l Poway's Guide to Landscape Requirement.
All facilities shall be
shall be repaired
of dang dil'
:1 in good repair. Any damage from any cause
31y possible so as t ' '
blight.
Section 6:
on August 5,
Resolution No. P- 03-46
Page 11
All lighting fixtures shall be t such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
Th
t
)erator of the facility y and regularly inspect the site
aliance with the standards set forth in this permit.
All landscaping, including areas within the park and adjacent to public right-of-
way, shall be adequately irrigated, and permanently and fully -I by the
owner at all times in accordance with the requirements of the City of Poway
Guide to Landscape Requirements. The trees shall be encouraged and allowed
form. Pruning should b :11 the health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
and pruning shall be in accordance with "American National
Standard for Tree Care Operation" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
Any signs proposed for this development shall be designed and approved in
with the Poway Municipal Code and require the approval of a
separate Sign Permit.
The approval for the establishment of an expanded auto dealership shall expire
2005, at 5:00pm unless prior to that time the use has been established.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 5th day of August 2003.
ATTEST:
Micha~
Resolution No. P-03-46
Page 12
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-03-46 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of August 2003, and that it was
so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
City of Poway