Res P-18-01RESOLUTION NO. P-18-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA APPROVING CONDITIONAL USE
PERMIT (CUP) 17-018 AND VARIANCE (VAR) 18-001
ASSESSOR'S PARCEL NUMBER 323-060-02
WHEREAS, an application has been submitted, by Mr. Roben Mansur, requesting
approval of a Conditional Use Permit (CUP) to establish a vehicle/truck rental use and a Variance
(VAR) to reduce the required 20-foot landscape setback requirement at 14251 Garden Road; and
WHEREAS, on February 6, 2018, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: This project is Categorically Exempt from the California Environmental
Quality Act (CEQA) as Class 1, 3, 11 and 32 Categorical Exemptions, in that the project involves
a zone change, conditional use permit and variance that will result in negligible modification of an
existing small parking area to allow truck rental parking as an accessory to the existing
commercial use. The project will be consistent with the City’s General Plan policies and applicable
zoning regulations consistent with the Commercial General zoning designation, is less than five
acres substantially surrounded by urban uses, has no value as habitat for endangered, rare or
threatened species since the site is already improved, will not result in any significant effects
relating to traffic, noise, air quality or water quality, and is adequately served by all required utilities
and public services.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) for CUP 17-018, 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
equipment rental is allowed in the Commercial General (CG) zone with a CUP and the
improvements proposed as part of the parking/storage of rental vehicles/trucks are
consistent with the City’s General Plan development policies and standards.
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 proposed improvements
associated with the proposed use will enhance the street frontage on Claire Drive.
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 equipment rental operations will
not obstruct required on-site parking or emergency vehicle access.
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
equipment rental has been situated as far as possible from Garden Road.
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 a commercial building and establishment of the equipment
rental will not generate more traffic than that is associated with typical commercial uses.
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.
I. There are no relevant negative impacts of the proposed use.
J. That the impacts, as described in subsections A through I of this Section, and 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
this title.
Section 3: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code (PMC) for VAR 18-001, are as follows:
A. That there are special circumstances applicable to the property and because of this the
strict application of the Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity with the identical zoning classification. The special
circumstances include that the developable area of the property is constrained due to a
storm water channel that bisects the southerly property, limiting the developable area.
B. Granting the Variance is necessary for the preservation and enjoyment of a substantial
property right enjoyed by other property owners in the same vicinity and zone, and denied
to the property for which the Variance is sought, in that the storm water channel inhibits
development of the property that other properties in the area are not constrained by, and
would otherwise be able to develop.
C. Granting the Variance would not be materially detrimental to the public health, safety or
welfare in the vicinity and zone in which the property is located in that the improvements
include completion of Claire Drive roadway improvements that currently do not exist.
D. Granting the Variance does not constitute a special privilege that is inconsistent with the
limitation upon other properties in the vicinity and zone in that the landscape area will be
consistent with or better than other commercial landscape areas in the neighborhood.
E. Granting the Variance would not allow a use or activity not otherwise expressly authorized
by the zoning development regulations governing the property.
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F. Granting the Variance will be compatible with the Poway General Plan because an
equipment rental use is a conditionally permitted use and other roadway improvements
will be completed consistent with the City’s General Plan policies.
Section 4: The City Council hereby approves CUP 17-018 and VAR 18-001,
contingent upon approval of Zone Change 17-003, to establish equipment rental on the site
located at 14251 Claire Road subject to the following conditions:
A. Approval of this CUP 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.
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. A 10-foot deep landscape planter shall be installed along Claire Drive, south of the existing
access, to the southerly property line, in compliance with City landscape requirements.
E. Plans for the vehicle/truck rental parking area shall reviewed and approved by the
Development Services Department prior to business certificate issuance for the equipment
rental use.
F. A landscaping and irrigation plan shall be submitted and approved by the Planning
Division prior to business certificate issuance of the equipment rental use.
G. The applicant shall submit a grading plan for the vehicle storage lot and to improve Claire
Drive to public roads standards which includes 20’ of pavement and curb and gutter prior
to business license issuance.
H. The applicant shall dedicate an Irrevocable Offer of Dedication (IOD) for the 30’ half width
of Claire Drive prior to business license issuance.
I. 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.
STATE OF CALI FORNIA ) ) ss
COUNTY OF SAN DIEGO )
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I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-01 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of February 2018, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NONE
NONE
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