Res P-04-42
RESOLUTION NO. P-04-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-05
ASSESSOR'S PARCEL NUMBER 323-090-89
WHEREAS, Conditional Use Permit (CUP) 04-05 was submitted by Kirkham Road,
LLC, Applicant, to establish personal hobby garages, which would include the service and
repair of vehicles, within an approximate 11 ,OOO-square-foot building at 14035 Kirkham
Road in the Light Industrial/Outdoor Storage zone, and;
WHEREAS, on June 22, 2004, 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 project is exempt from the requirements of the California Environmental
Quality Act (CEQA), as a Class 1 exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves a change of use in an existing building which
involves no, or a negligible, expansion of use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 04-05 to establish personal hobby garages, which would include the service
and repair of vehicles, at 14035 Kirkham Road in the Light Industrial/Outdoor Storage
zone, are made as follows:
A. The proposed location and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code
(Conditional Use Permit Regulations), the City General Plan, and the development
policies and standards of the City in that all work will be conducted entirely within
the building and will not result in visual impacts to the surrounding community.
B. The location and operating characteristics of the proposed use will be compatible
with and will not adversely affect or be materially detrimental to adjacent uses,
buildings, structures, or natural resources in that the use will be conducted entirely
within the building and will not result in visual impacts to the surrounding community.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and
is consistent with, adjacent uses in that the proposed use is to be located within a
building that has already been approved by the City and is under construction, and
no building expansion is planned.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use.
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Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed use will be conducted entirely within the building
and will not result in a visual impact to the surrounding community.
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 the proposed use will not generate a significant amount of traffic.
G. The site is suitable for the type and intensity of use or development which is
proposed.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed use is located on a developed property and does not
involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed use.
Section 3: The City Council hereby approves CUP 04-05 to establish personal hobby
garages, which would involve the non-commercial service and repair of vehicles, at 14035
Kirkham Road, subject to the following conditions:
A. Approval of this CUP 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 Building Permit issuance.
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; (2) the property
owners shall execute a Covenant Regarding Real Property with the conditions of
approval; and (3) the property owners shall execute a Covenant Regarding Real
Property specifiying that the property shall not be used for commercial vehicle
repair.
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.
D. The conditions of CUP 04-05 shall remain in effect for the life of the subject use and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. CUP 04-05 may 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 been raised during the prior year.
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F. The applicant shall comply with all Building Division requirements and shall obtain
any necessary Building Division permits prior to establishment of the use in the
building.
G. The applicant shall comply with all requirements of the City Fire Marshall prior to
establishment of the use in the building, including the following:
1. Provide material safety data sheets for all hazardous materials to be used and
stored on-site.
2. Vehicle repair facilities, and other uses as determined by the Fire Marshal and
Building Official, shall meet the minimum requirements of an H4 occupancy
classification.
3. Identify all approved flammable liquid storage methods (e.g.: storage room,
cabinets, containers, etc.).
4. A pre-walk-through site inspection or preliminary plan check review with
owners/applicant is required to identify process and operations to be utilized.
H. Upon establishment of the use, the following shall apply:
1. No outdoor storage, including storage/display of product, is permitted to occur
at the site.
2. All service work shall be ancillary to the business and shall occur entirely within
the building.
3. No commercial vehicle repair or service is authorized under this CUP.
Section 4: The approval of CUP 04-05 shall expire on June 15, 2006, at 5:00 p.m.,
unless, prior to that time, the use pursuant to the CUP approval has been established.
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PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 22nd day of June 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04- 42 , was duly
adopted by the City Council at a meeting of said City Council held on the 22nd day of June
2004, and that it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY