Res P-02-35
RESOLUTION NO. P-02-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 02-002
ASSESSOR'S PARCEL NUMBER 323-201-22
WHEREAS, Minor Conditional Use Permit 02-002 submitted by Mark Abelkop -
Poway Mitsubishi Automotive for the purpose of permitting a temporary sales office trailer
until construction is completed for an automobile dealership and service facility on a 0.99-
acre site located on the northwest corner of Poway Road and Evanston Drive in the
Automotive/General Commercial zone and addressed as 13864 Poway Road; and
WHEREAS, the City Council approved the construction of a 7,356-square-foot
Mitsubishi automobile dealership and service facility on August 14, 2001, pursuant to
Resolution P-01-42, and
WHEREAS, a temporary sales office trailer was approved by staff pursuant to MDRA
01-77 for a period of 90 days as permitted by the City's Zoning Code, Section
17.26.030(M), until the permanent auto dealership is completed, and
WHEREAS, on July 9, 2002, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application,
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that Minor Conditional Use Permit 02-002 is exempt
from the provisions of the California Quality Act (CEQA), as a Class 11 (c), Categorical
Exemption, pursuant to Section 15311 of the CEQA guidelines, in that a temporary sales
office trailer is an accessory structure to an approved commercial facility.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for MCUP 02-002 to retain one 12-foot by 40-foot temporary sales office trailer during
construction of a permanent automobile dealership facility on property located at 13864
Poway Road in the Automotive/General Commercial zone, are made as follows:
A. The location, size, design, and operating characteristics of the temporary sales
office trailer is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the purpose of the
Automotive/General Commercial zone, the General Plan, and the development
policies and standards of the City in that the trailer has been sited so that it will not
result in visual impacts to the surrounding community.
B. That the location, size and design and operating characteristics of the temporary
sales office trailer will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structure, or natural
Resolution No. P- 02-35
Page 2
resources in that the facility has been located within the parking lot, it is temporary in
nature, and it will not result in visual impact to the surrounding community.
C. There will not be a harmful effect upon the surrounding properties in that the
permanent facility has been reviewed and approved by the City Council and this
request involves permitting a trailer on site during construction of the permanent
facility.
D. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan as the temporary sales office trailer will not generate additional traffic not
already considered during the review of the permanent facility.
E. The site is suitable for the type and intensity of use and development in that the
temporary sales office trailer will serve the site during the interim period during
construction and the trailer will be removed upon completion of the facility.
F That there are no relevant impacts associated with the temporary trailer that have
not already been addressed as part of the approval and environmental review of the
permanent automobile dealership.
G. That the impacts and the proposed location, size, design and operating
characteristics of the temporary trailer will not be materially injurious to properties or
improvements in the vicinity, not be contrary to the adopted General Plan in that the
trailer is temporary in nature and there are provisions for removal of the trailer when
the permanent facility is complete.
H. The proposed temporary trailer will comply with all the applicable provisions of
Chapter 17.26.030 of the Poway Municipal Code in that the trailer is temporary in
nature, adequate public facilities, services, and utilities are available to the site, and
adequate parking is maintained.
Section 3: The City Council hereby approves MCUP 02-002 for the retention and
operation of one sales office trailer for the purpose of conducting automobile sales and for
an on-site construction office at 13864 Poway Road, subject to the following conditions:
A. 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 Ordinances in effect at the time of approval.
B. 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 execute a Covenant on Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
Resolution No. P-o2-35
Page 3
D. The conditions of MCUP 02-002 shall remain in effect until the sales trailer is
removed.
E. All facilities and related equipment shall be maintained in good repair. Any damage
from any cause shall be repaired as soon as reasonably possible so as to minimize
occurrences of dangerous conditions or blight.
F. The facility shall be operated in such a manner as to minimize any possible impacts
of noise generated by the facility to surrounding residents. At no time shall
equipment noise from any source exceed the noise standards contained in the
Poway Municipal Code.
G. The applicant shall provide and maintain the following improvements to the
satisfaction of the Director of Development Services until such time that the trailer is
removed and the Certificate of Occupancy for the automobile dealership has been
released:
1. Paved parking lot improvements to the City's Zoning Code for parking and ADA
accessibility in the area identified on the site plan from Poway Road to the
construction fence.
2. Handicap ramps for access to the trailer, to the satisfaction of the Director of
Development Services.
3. Lighting around the exterior of the trailer to allow adequate visibility to the trailer
and to the parking lot.
4. Maintain emergency vehicle access to the trailer at all times.
5. Provide at least one 2A 1 OBC fire extinguisher in the trailer.
6. Provide six-inch address numbers on each trailer.
7. Provide a sign over the exit doors that state "This door to remain unlocked during
business hours."
8. Do not block emergency vehicle access to any fire hydrant.
H. The applicant shall maintain black chain link fence and gate surrounding the
construction site as identified on the February 21, 2002 site plan.
I. The applicant shall comply with the latest adopted Uniform Building Code, National
Electric Code, and all other applicable codes and ordinances in effect at the time of
electrical/building permit issuance.
Section 4: The owner of the temporary trailer shall remove the trailer, stairs, and
handicap ramping within seven days from the release of Certificate of Occupancy for the
Mitsubishi Automobile Dealership.
Section 5: The approval of MCUP 02-002 shall expire within one year from the date of
this approval unless a written request for an extension is submitted to and approved by the
Director of Development Services.
Resolution No. P-02-35
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, and this 9th day of July 2002.
/
ATTEST:
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-02-35 , was duly adopted by the
City Council at a meeting of said City Council held on the 9th day of July 2002, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
M:lplanningIO2reportlmcupO2-002 res.doc