Res P-18-29RESOLUTION NO. P-18-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 18-009 AND MINOR DEVELOPMENT REVIEW
APPLICATION 18-012 ASSESSOR'S PARCEL NUMBER 317-
490-72
WHEREAS, an application for a Conditional Use Permit (CUP) 18-009 and a Minor
Development Review Application (MDRA) 18-012 were submitted by William Holcomb, Applicant
and John D Reynolds Jr. Trust, Owner, to remodel an existing building and establish a minor auto
repair shop located at 12764 Poway Road in the Planned Community (PC) zone and the Poway
Road Specific Plan (PRSP) Commercial Office (CO) land use district;
WHEREAS, on December 4, 2018, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council finds that he 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 to an existing building that is less than 2,500 square
feet.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 18-009 to remodel an existing retail building into a three -stall brake repair
facility at 12764 Poway Road in the PRSP - CO land use district, are made as follows:
A. The location, size, design, and operating characteristics of the proposed expanded 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 a minor auto repair facility is allowed in the CO land use district with a CUP and the
project has been designed consistent with design standards and guidelines of the PRSP.
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 consists of remodeling
an existing building in an architectural style that is compatible with existing commercial
development.
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 has been designed to
comply with all of the development standards of the PRSP standards.
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
facility is located along the Poway Road commercial corridor and the architectural style is
consistent with the design guidelines called for in the PRSP. Noise generated by the
minor auto repair facility will not exceed noise levels allowed by the PMC.
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 traffic
generated by the proposed minor auto repair facility is similar to the traffic generated by
the former retail store at the site. The parking lot will be reconfigured to provide adequate
parking and the driveways will be reconstructed to meet current accessibility standards.
G. The site is suitable for the type and intensity of use and development in that the project
site is already developed.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that there are no impacts to habitat and the brake shop will not create noise
that will exceed existing ambient noise levels at the site during daytime hours.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
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 for MDRA 18-012, in accordance with PMC Section 17.52.010
Purpose of Development Review, are made as follows:
A. The project respects and recognizes the interdependence of land values and aesthetics
to the benefit of the City in that it has been designed to be architecturally compatible and
in scale with surrounding commercial development.
B. The project has been designed to minimize impacts on surrounding development in that
the design, and exterior finishes and colors are consistent with the PRSP standards and
are compatible with the surrounding commercial buildings. Therefore, the proposed
development respects the public concerns for the aesthetics of development and
encourages the orderly and harmonious appearance of structures and property within the
City.
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 operations of the proposed
brake repair facility will be similar to the auto dealership facility to the west and noise
generated from the brake shop will be within noise limits established by the PMC during
daytime hours.
D. The proposed development respects the public concerns for the aesthetics of
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development in that it will incorporate architecture and add landscaping consistent with
the PRSP.
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 development
contributes to the aesthetics of the Poway Road area.
The design of the proposed development is consistent with all elements of the Poway
General Plan, as well as conforms to the applicable provisions of the Zoning Code and
PRSP.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public health,
safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all necessary
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as shown on the project
plans.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
Section 5: The City Council hereby approves CUP 18-009 and MDRA 18-012 to remodel
an existing building at 12764 Poway Road in the PRSP Commercial Office district, subject to the
following conditions:
A. 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.
B. Approval of this CUP and MDRA 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.
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C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the
applicant shall submit in writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a Covenant Regarding Real
Property. In order for the City to prepare the Covenant the applicant must first submit a
legal description of the subject site.
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 conditions of CUP 18-009 and MDRA 18-012 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.
The Conditional Use Permit may be subject to annual review, as determined by the
Director of Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the prior year.
G. The applicant shall obtain a Building Permit prior to expanding the facility. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1. The plans shall comply with the current addition of California Building Code,
Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal
to the Building Division for review.
2. The disabled access parking space shall meet the requirements of 11 B-208.3.1 of
the California Building Code. The code section states: "Parking spaces complying
with Section 11 B-502 that serve a particular building or facility shall be located on
the shortest accessible route from parking to an entrance complying with Section
11 B-206.4".
3. The applicant shall contact the Poway Unified School District (858
679-2570) to verify if school impact fees are required. If required, the
fees shall be paid at the rate established at Building Permit issuance.
4. The site shall be developed substantially in accordance with the approved plans
on file in the Development Services Department and the conditions contained
herein to the satisfaction of the Director of Development Services.
(Engineering)
5. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the building plan
site plan and be appropriately sized for the proposed level of development.
6. All survey monuments shall be called out on the site plan as protected in place.
The sidewalk, curbs, and driveways fronting the site shall be replaced as shown
on the approved MDRA set of plans. All proposed sidewalks, curbs, and driveways
shall be called out per San Diego Regional Standard Drawings.
8. Prior to start of any work including curb, driveway, sidewalk, or sewer within a City-
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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.
9. A minimum cash security for erosion control is required.
10. The applicant shall pay the storm water pollution inspection (commercial/industrial)
fee according to the latest adopted master fee schedule.
11. 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.
12. 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.
13. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
14. Landscape and irrigation plans shall be submitted for review. The plans shall be
approved prior to issuance of a building permit. The landscape and irrigation
plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation Design Manual, Chapter 17.41 of the PMC, and all other applicable
standards in effect at the time of landscape and irrigation plan check
submittal. This includes but is not limited to the submittal of an irrigation audit
report, pursuant to Section 17.41.110 of the PMC, prior to final
inspections/issuance of a Certificate of Occupancy.
To the satisfaction of the Director of Development Services, the landscape plans
shall also provide the following:
a. The landscaping plan shall incorporate a minimum one 15 -gallon tree for every
30 feet of frontage along the public right-of-way, for a total of seven street
trees.
b. Parking lot trees and a landscaped buffer between the parking lot and the
adjacent residential property is required. A minimum of one 15 -gallon tree,
per City specification, shall be provided for every three parking spaces, for a
total of four trees. Said trees shall be located to provide shade cover for the
vehicles where practical.
c. The plans shall include shrubs to provide screening of the parking lot and trash
enclosure as seen from Poway Road and Carriage Road.
d. Special attention shall be given to provide landscaping that enhances the
intersection corner.
The landscape and irrigation plan submittal are a separate submittal from other
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project plan check submittals and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City standards,
the landscape and irrigation plan submittal checklist and the plan review fee
worksheet. Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. Any landscaped areas within the adjacent public
right-of-way shall be permanently and fully maintained by the owner.
15. The building plans shall include elevations and cross sections that show all roof
appurtenances, including air conditioning, architecturally integrated, screened
from view, and sound buffered from adjacent properties and streets, to the
satisfaction of the Director of Development Services.
16. The exterior colors and materials shall be substantially consistent with the color
and material board submitted with the application to the satisfaction of the Director
of Development Services. Any modifications to the color and materials sample
board shall be submitted for review and approval by the Planning Division.
17. The building plans shall demonstrate that the exterior lighting complies with PMC
Section 17.10.150H.
18. The building plans shall show free standing wall and shall be constructed of
decorative block with a color and design to the satisfaction of the Director of
Development Services. New freestanding walls or retaining wall and freestanding
wall/fence combination shall not exceed six feet in height except as required by
the acoustical analysis prepared for this project.
(Public Works)
19. The property shall be annexed into lighting district "A".
20. The trash enclosure shall accommodate a minimum of two bins.
21. The property line sewer clean out box shall be located within the public right-of-
way and raises to grade, if necessary.
H. The applicant shall comply with the following fire safety requirements, to the satisfaction
of the Fire Marshal:
The Building 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. Said numbers shall contrast with their background
and a size between 18 inches (minimum) and 24 inches (maximum). 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.
2. Minimum 3A40BC fire extinguisher(s) are required for 3,000 square feet and 75
feet of travel distance.
3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
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Rack storage in excess of eight feet in height requires a Building Permit for
installation.
In addition to ventilation requirements, a Fire Department -approved mechanical
ventilation system shall be installed when the storage of vehicles or recreational
vehicles occurs.
Prior to issuance of the Certificate of Occupancy:
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 appropriate City departments will be required.
(Engineering)
2. Final revisions to the Preliminary Storm Water Quality Management Plan
(SWQMP) and recordation will be required.
3. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall be
permitted.
4. The drainage facilities, driveway, slope planting measures, and all utility services
shall be installed, and completed by the property owner, and inspected by the
Engineering Inspector for approval. All new utility services shall be placed
underground.
5. The stormwater facilities shall be complete and operational prior to occupancy.
6. An adequate drainage system around the new building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this project.
8. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section 16.52.130 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. At least three weeks prior to a request for occupancy
is recommended. All other final reports and agreements, as outlined in Section
16.52.130 of the Grading Ordinance are to be approved.
(Planning)
9. Landscaping shall be installed per the approved landscape plans. If applicable,
an irrigation audit report shall be submitted, pursuant to Section 17.41.110 of the
PMC.
J. With the establishment of the brake repair shop pursuant to CUP 18-009 and MDRA 18-
012, the following shall apply:
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1. The use of the facility shall be limited to activities as described in the application.
2. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding public streets.
3. The hours of operation shall be limited between 7:00 a.m. and 7:00 p.m.
4. All automotive repair operations shall be conducted indoors.
5. No overnight outdoor storage of vehicles is permitted.
6. No equipment on-site shall exceed noise levels of 98.6 decibels.
7. The project and facility shall comply with PMC Section 13.09.070 at all times.
8. No person shall dispose of, nor permit the disposal, directly or indirectly of vehicle
fluids, hazardous materials, or rinsewater from parts cleaning into storm drains.
9. No vehicle repair or maintenance will be done outdoors.
10. No vehicle fluid removal shall be performed outside a building, nor on asphalt or
ground surfaces, whether inside or outside a building, except in such a manner as
to ensure that any spilled fluid will be in an area of secondary containment. Leaking
vehicle fluids shall be contained or drained from the vehicle immediately.
11. No person shall leave unattended drip parts or other open containers containing
vehicle fluid, unless such containers are in use or in an area of secondary
containment.
12. Floor drains (if any) are to be connected to wastewater pretreatment systems prior
to discharge to the sanitary sewer and an industrial waste discharge permit must
be obtained
13. The side door shall be constructed for emergency egress purposes only and in a
closed door position during hours of operation.
14. Additional rear and side openable windows and doors are prohibited.
15. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise and shall comply with noise standards contained in
Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the
noise standards defined in the PMC.
16. The owner or operator of the facilities shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this Resolution.
17. Any signs proposed for this development shall be designed and approved in
conformance with the PMC and require the approval of a separate Sign Permit.
The location of the freestanding sign shall maintain the enhanced landscaping at
the intersection corner.
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18. 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. The 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.
Section 6: The approval of CUP 18-009 and MDRA 18-012 shall expire on December
4, 2020, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction
on the property in reliance on the CUP approval has commenced.
Section 7: 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 4th day of December 2018.
Steve Vaus, Mayor
ATTEST:
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Resolution No. P-18-29
Page 10
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, the City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-29 was duly adopted by the City Council
at a meeting of said City Council held on the 4th day of December 2018, and that it was so adopted
by the following vote:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy eu Id, CMC, City Clerk
City of Poway