Res P-05-31
RESOLUTION NO. P-05-31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 04-15
ASSESSOR'S PARCEL NUMBER 323-262-02
WHEREAS, Minor Conditional Use Permit (MCUP) 04-15 was submitted by Henry
Rose/Recovery Corporation of America, Inc., Owner: A request to establish a motorcycle
repair service within the existing commercial building located at 13965 Poway Road, Suite
B. The site is located within the Automotive General Commercial Zone (AGe) of the Poway
Road Specific Plan area and the Residential Single-Family 2 (RS-2) zone, and;
WHEREAS, on May 17, 2005, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to these applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: An Environmental Initial Study was completed on the project. It was
determined that the establishment of the proposed uses of the property will not have a
significant adverse impact on the environment, since potential impacts are less than a level
of significance by the recommended conditions of approval. The City Council hereby
approves the Negative Declaration.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for Minor Conditional Use Permit (MCUP) 04-15 are made as follows:
A. The proposed location, size, design, and operating characteristics of the motorcycle
repair facility are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the Poway General Plan, and
the development policies and standards of the City, in that the site is specifically
designated for automotive and motorcycle related uses, and repair facilities are
allowed with the approval of a Minor Conditional Use Permit.
B. The location, size, design, and operating characteristics of the motorcycle facility will
be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or structures in that the business will be conducted within
an existing building. Test driving will be prohibited in surrounding neighborhoods.
C. The proposed motorcycle repair business will be in scale, bulk coverage and density
consistent with adjacent uses in that it will be contained within the existing building
envelope.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed motorcycle repair business. No new utilities are
proposed.
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E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the motorcycle repair business is located within an existing
building and activities will be conducted within the building. A noise study
demonstrated that the motorcycle repair business would not exceed Poway
Municipal Code noise standards. New landscaping along Poway Road will
compliment the building from the street.
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. The facility would provide adequate off-street parking for cars and motorcycle.
G. The site is suitable for the type and intensity ofthe proposed development in that the
motorcycle repair business is in an area with several auto related businesses and
consistent with the purpose of the Automotive General Commercial.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed motorcycle repair facility would be located within an
existing building, and will not impact natural habitat resources.
I. There is no relevant negative impact of the proposed motorcycle repair facility.
J. The potential impacts, and the proposed location, size, design and operating
characteristics of the motorcycle repair facility will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan or the Poway Road Specific Plan, in that the motorcycle repair activities will be
conducted within an existing building, and is appropriate to the purpose of the AGC
zone, in which the site is located, with the approval of a Minor Conditional Use
Permit.
K. The proposed motorcycle repair facility will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 3: The City Council hereby approves MCUP 04-15 to establish a motorcycle
repair facility in Suite B of the property, located at 13965 Poway Road, as shown on the
plans dated March 10, 2005, subject to the following conditions:
A. Approval of this MCUP 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; and (2) the property
owners shall execute a Covenant Regarding Real Property.
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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 MCUP 04-15 shall remain in effect for the life of the subject
motorcycle repair service, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. MCUP 04-15 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.
F. An 8-foot-high decorative block wall and a 5-foot-wide densely landscaped planter
shall be constructed/installed along the RS-2 and NGC zone boundary at such time
as a residential use is established on the residentially zoned portion of the property
to the satisfaction of the Director of Development Services.
G. The applicant shall obtain a Building Permit prior to modifying the exterior or interior,
or occupying Suite B of the existing building, whichever comes first. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated March 10, 2005) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
(Building)
2. The tenant improvements shall provide disabled access.
(Planning)
3. The building plans shall include a revised site plan that provides parking for
all 3 suites to the satisfaction of the Director of Development Services. The
spaces, along the west property line, shall be restriped at a 90-degree angle.
A trash enclosure shall be provided. The site plan shall show equipment
proposed to be located outside the building.
4. A floor plan consistent with the plans referenced in the noise study prepared
by URS (dated October 7,2004, and revised on November 15, 2004, and
December 1,2004) shall be included in the Building Permit plan set.
5. The air compressor shall not exceed the noise emission of the compressor
described in the above referenced noise study prepared by URS. A barrier or
ventilated enclosure shall be provided around the air compressor, consistent
with the December 1, 2004, letter prepared by URS.
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6. The building plans shall include elevations and cross sections that show all
new roof appurtenances, including, but not limited to, air conditioning and
vents, screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
7. Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
low-pressure sodium, and designed such that they reflect light downward and
away from streets and adjoining properties pursuant to the Poway Municipal
Code Section 17.08.220.L. Parking lot lights shall be on automatic timers to
the satisfaction of the Director of Development Services.
8. Complete landscape construction documents for new landscaping based on
the preliminary landscape plans submitted March 10, 2004, shall be
submitted to and approved by the Planning Division. A landscape plan check
fee deposit of $525 is required upon submittal of the plans. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Requirements (latest edition). The plans shall be consistent with the site plan
required for the Building Permit.
9. All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall be undergrounded.
H. Prior to occupancy, the applicant shall comply with the following fire safety
requirements, based on a repair Garage Group H, Division 4 Occupancies, to the
satisfaction of the Fire Marshal:
1. Approved mechanical ventilation shall be provided capable of exhausting a
minimum of 1 cubic foot per minute, per square foot of floor area.
2. Provide a minimum one-hour occupancy separation wall between the repair
garage and the remaining areas throughout this facility.
3. Obtain a permit from the Poway Fire Department to use this facility as a
place of business for the purpose of servicing and/or repairing motor
vehicles.
4. Submit a list of hazardous materials intended to be used at this facility to the
Poway Fire Department. Include all related Material Safety Data Sheets
identifying the flammability and life safety hazards of each material. Also,
identify any cutting and/or welding operations.
5. Provide a minimum of two 4A:60BC dry chemical fire extinguishers.
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6. Additional life safety measures may be required upon final occupancy
inspection.
I. Prior to City of Poway approval for occupancy, unless other timing is indicated, the
following conditions shall be satisfied:
(Planning)
1. All improvements and landscaping shall be installed consistent with the
approved site plan and landscape plans.
2. All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall be undergrounded.
3. All landscaping, paving, curbing, and striping, shall be installed per the
approved landscape plans.
J. Upon occupancy of the motorcycle repair service, pursuant to MCUP 04-15, the
following shall apply:
(Planning)
1. Any signs proposed for the use shall be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
2. The repair and testing of motorcycles shall be conducted inside the building,
per the noise study prepared by URS dated October 7, 2004, and revised on
November 15, 2004. Test driving is prohibited in surrounding neighborhoods.
3. Hours of operations are Monday through Saturday, 7:30 a.m. to 5:30 p.m.
4. 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 visual
blight.
5. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards
contained in Chapter 8.08 of the Poway Municipal Code. At no time shall
equipment noise from any source exceed the noise standards contained in
the Poway Municipal Code. No loudspeaker sound amplification system
shall be used to produce sounds in violation of the Noise Ordinance,
including telephone, electric bell, or chime system.
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6. The air compressor enclosure shall be closed except during maintenance.
The compressor shall be turned off outside business hours.
7. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
8. All landscaping on-site and 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 Guide to
Landscape Requirements. 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% of the trees' leaf
surface.
5. The parking areas, driveways and landscape areas shall be well maintained.
Section 4: The approval of MCUP 04-15 shall expire on May 17, 2007, 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 MCUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of May 2005.
ATTEST:
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Resolution No. P-05-31
Page 7
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-31 was duly adopted by the City Council at a
meeting of said City Council held on the 17th day of May 2005, and that it was so adopted
by the following vote:
AYES:
BOYACK, REXFORD, HIGGINSON, EMERY, CAFAGNA
NOES:
NONE
NONE
ABSENT:
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway