Res P-17-15RESOLUTION NO. P-17-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT 17-003 AND
MINOR DEVELOPMENT REVIEW APPLICATION 16-058
ASSESSOR'S PARCEL NUMBER 323-201-22
WHEREAS, Martin Harris, on behalf of MLGP&L LLC, has submitted a request for
approval of a Minor Conditional Use Permit (MCUP) and Minor Development Review
Application (MDRA) to establish vehicle service and repair as an accessory use for a
Poway Auto Group dealership by converting 1,660 square feet of an existing showroom
to four service bays. The property is located at 13864 Poway Road, in the Automotive
General Commercial (AGC) zone and Poway Road Specific Plan area;
WHEREAS, the proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption, pursuant to
Section 15303 of the CEQA Guidelines, in that the project involves minor interior and
exterior alterations and conversion of use in a small area of an existing building; and
WHEREAS, on August 1, 2017, 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, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for MCUP 17-003, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that vehicle repair and service is allowed in the AGC zone
with a MCUP and the project will comply with all City development regulations.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the project
will comply with all City development regulations.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the project will occupy
a developed building.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
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E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the use will comply with all City development regulations.
F. 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 in that this use will not generate more traffic than that associated with a typical
commercial use.
G. The site is suitable for the type and intensity of use and development, in that the
project site is already developed with commercial building and establishment of
this use in the existing building will not generate more traffic than that is associated
with typical commercial uses. The addition of vehicle service and repair will not
increase traffic to and from the site.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural
habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
The proposed location, size, design, and operating characteristics of the proposed
use and the conditions under which it would be operated or maintained, will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan.
K. That the proposed conditional use will comply with each of the applicable
provisions of Title 17, except for approved variances.
Section 2: The findings for MDRA 16-058, in accordance with PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The proposed modifications to the building have been designed to be
architecturally compatible and in scale with the existing building and surrounding
development. Therefore, the project recognizes the interdependence of land
values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the design, and exterior finish and colors will blend visually, and be
compatible with the surrounding commercial buildings and residential
development. Therefore, the proposed development encourages the orderly and
harmonious appearance of structures and property within the City.
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C. The granting of the MDRA would not be materially detrimental to the public health,
safety, or welfare within the community since the proposed project involves the
establishment of auto repair within an existing building that is already served by or
can be served by adequate infrastructure. A noise study prepared for the project
determined that there would be no impacts.
D. The project has been designed to be consistent with development in the
surrounding area in that the design, and exterior finish and colors of the
modifications will blend visually and be compatible with the existing on-site
commercial building. Therefore, the proposed development respects the public
concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health, and safety,
or an architecturally -related impact upon adjoining properties, in that the proposed
installation of service bays with roll -up doors will be visually compatible with the
existing on-site and neighboring commercial buildings.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan, as well as conforming with the applicable provisions of the
Zoning Code.
Section 3: The City Council hereby approves MCUP 17-005 and MDRA 16-
058 to establish vehicle service and repair within the existing building and modify the
building located at 13864 Poway Road, as shown on approved plans on file at the City,
subject to the following conditions:
A. Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
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C. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood, and a deed covenant
with these conditions of approval shall be recorded on the property.
D. 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.
E. The terms and conditions of MCUP 17-005 and MDRA 16-058 shall be binding
upon the permittee and all persons, firms and corporations having an interest in
the property subject to these permits, and the heirs, executors, administrators,
successors, and assigns of each of them, including municipal corporations, public
agencies and districts.
F. MCUP 17-005 shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year.
G. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit,
the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
(Engineering)
2. All spoil materials from footings and foundations shall be legally disposed
of off-site or if the material is to remain onsite, the material shall be placed
per the requirements of the City grading ordinance.
3. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
4. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
5. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
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6. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
7. A minimum cash security for erosion control for $2,000 is required.
8. Prior to start of any work within a City -held easement or right-of-way, a
Right -of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
(Public Works)
9. The building plans shall provide recycling and solid waste dumpsters in
compliance with the PMC Section 8.68.175 to the satisfaction of the Director
of Public Works.
(Planning)
10. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
11. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
H. The following requirements shall be addressed to the satisfaction of the Fire
Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
contact the Division of Fire Prevention at (858) 668-4473 to set up a meeting
prior to submitting building plans in order to review project requirements.
2. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
3. Buildings shall display the approved numbers and/or addresses in a location
plainly visible and legible from the street or roadway fronting the property
from either direction of approach. Each building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff Department-ASTREA criteria.
4. A 2A10BC fire extinguisher(s) are required for office areas every 3,000
square feet and 75 feet of travel distance.
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5. The applicant shall provide a detailed plan for all storage areas and a
complete racking plan, when applicable.
6. In addition to other ventilation requirements, a Fire Department -approved
mechanical ventilation system shall be installed when the indoor storage of
vehicles or recreational vehicles occurs.
The following requirements shall be addressed prior to approval of occupancy:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
(Engineering)
2. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from this
project.
J. Upon establishment of the proposed use, pursuant to MCUP 17-003 and MDRA
16-058, the following shall apply to the satisfaction of the Director of Development
Services:
1. The parking areas and driveways shall be well maintained.
2. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
3. All landscaping, including areas within the adjacent public right-of-way, shall
be adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. Trees shall be encouraged and
allowed to retain a natural form. Pruning should be restricted to maintain
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 maintenance and pruning shall be in accordance
with "American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove more
than 25 percent of the trees' leaf surface.
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4. Onsite parking shall be made available for employees at all times. Sufficient
onsite employee parking shall be provided to accommodate the peak
employee shift. Employee parking spaces shall be kept clear of vehicles in
for service or repair, and vehicles that are for sale.
5. Employee parking is prohibited within the nearby residential areas.
6. Required employee and visitor parking stalls shall be so labeled by painting
the designation on the asphalt.
7. Outdoor lighting shall be shielded to limit light spillage onto adjoining
properties. All storage lot lighting shall be turned off at 10:00 p.m. each
night. No additional exterior lighting is permitted. Automatic timers shall be
installed on any exterior lighting to ensure compliance with this standard.
8. All delivery and unloading or loading of new or used vehicles made by
automobile carriers or any other transport shall be made onsite (dealership
premises). All automobile transport carrier vehicles shall enter the site from
Evanston Drive. No delivery and unloading or loading of new or used
vehicles made by automobile carriers or any other transport shall be made
on any public street pursuant to PMC Section 12.26.
9. Onsite loading and unloading of an automobile, car, or pick-up truck, from
a truck with the capacity to transport more than one such vehicle, is not
permitted unless delivery complies with all of the following:
a. No deliveries will occur on public streets.
b. No delivery truck will enter residential areas.
C. Delivery hours for vehicles are restricted to between 7:30 a.m. and
6:00 p.m. Monday through Saturday. No deliveries are permitted on
Sundays.
10. Delivery of parts and supplies is not permitted on public streets or on
the subject site. Onsite delivery hours for parts and supplies are restricted
to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday from
7:00 a.m. to 6:00 p.m.
11. The applicant shall continue to actively participate in the use of the vehicle
delivery/storage lot established by the City at 13875 Kirkham Way in
situations where vehicle storage cannot be achieved fully on the project site,
and when surplus vehicle inventory storage is needed to ensure that
adequate onsite parking is available for employees and customers at the
project site.
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12. No amplified sound shall be generated by this business. This includes, but
is not limited to, paging, public address, music, or other such devices that
may generate noise audible to the adjacent residential uses.
13. No for -sale vehicles or vehicles that are in for service shall be test driven in
the residential areas surrounding the site.
14. All auto repair, service work, and/or car mechanical washing shall be
conducted entirely within the buildings.
Section 4: The approval of MCUP 17-003 and MDRA 16-058 shall expire on
August 1, 2019, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued
and/or establishment of the use on the property in reliance on this MCUP and MDRA
approval has commenced prior to its expiration.
Section 5: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 1st day of August 2017.
Steve Vaus, Mayor
ATTEST:
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Page 9
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17-15 was duly adopted by
the City Council ata meeting of said City Council held on the 1st day of August 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
N�no NeVe4d, CMC, City Clerk
City of Poway