Res 20-003RESOLUTION NO. 20-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 19-003 FOR THE CONSTRUCTION OF AN
AUTOMOBILE INVENTORY STORAGE LOT LOCATED AT 13715
POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317-190-42
WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-003
for a 0.79 -acre automotive inventory storage lot for the Poway Honda dealership (owned by Sonic
Automotive) on the south side of Poway Road across Gate Drive from the existing dealership at
13747 Poway Road which modifies MCUP 99-03. The property is located at 13715 Poway Road
within the Automotive General Commercial (AGC) land use district of the Poway Road Specific
Plan (PRSP);
WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR 99-06 to
construct a 22,550 -square -foot automobile dealership and service center on a 3.63 -acre property
located at 13747 Poway Road;
WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal
Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99-
03 due to Poway Honda's failure to comply with the project Conditions of Approval and the
requirements of the PMC;
WHEREAS, on December 11, 2001, the City Council determined additional project
conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity
of the adjacent residential neighborhood and requested the applicant to submit a request for a
rehearing of MCUP 99-03 and DR 99-06;
WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of
the PMC, a request for rehearing of the December 11, 2001 City Council action and on January
8, 2002, the City Council accepted the request and scheduled the item for rehearing;
WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and
DR 99-06 and determined that additional project Conditions of Approval were necessary to protect
the integrity of the adjacent residential neighborhood;
WHEREAS, on January 21, 2020, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against relative to MCUP 19-003; 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: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by
the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential
impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan.
The City Council finds, in its independent judgement, that this project is consistent with the PRSP
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Page 2
and conforms with the requirements, development standards and guidelines therein, and,
therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required
because all of the project's impacts have already been analyzed in, and are adequately covered
by the previously certified EIR. The City Council further finds, in its independent judgement, that
the project does not result in any significant changes that would allow subsequent or supplemental
environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines
sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These
findings are based on substantial evidence in the administrative record of proceedings, which
includes but is not limited to the PRSP EIR, appendices, documents incorporated by reference
therein, transcripts of public meetings, and other related documents.
SECTION 2: The City Council finds the proposed project is consistent with the PRSP,
including the AGC land use district.
SECTION 3: The findings for MCUP 19-003, in accordance with PMC Section
17.48.070, are made as follows:
A. That the project is consistent with the PRSP and the Poway General Plan in that auto
repair and service uses are allowed within the AGC district of the PRSP with the approval
of a MCUP. The inventory lot will not change the operations of the service center.
B. That the location, size, design, and operating characteristics of the use, as conditioned,
will be compatible with and will not adversely affect or be materially detrimental to adjacent
uses, building, structures, or natural resources in that the proposed inventory lot will add
a wall adjacent to the residential properties to the south and landscaping improvements
along property frontages.
C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the
automobile service center use is not changing and the proposed inventory lot is located
on a site that will be developed in accordance with established City zoning and
development guidelines for commercial projects.
D. That there are available public facilities, services, and utilities to serve the inventory lot.
E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that
a number of conditions of approval are required of the automobile service center use of
which are intended to minimize the potential for negative impacts on the adjacent
residential neighborhood.
F That the generation of traffic will not adversely impact the surrounding streets and is
consistent with the City's Transportation Element in that the traffic volumes for the
dealership are not increasing due to the additional inventory space and it will not have a
significant impact on traffic and will assist with existing parking issues.
G. That the site is suitable for the type and intensity of use and development proposed in a
designated commercial site designed to comply with all City development standards.
H. That there will not be significant harmful effects upon the environmental quality and natural
resources in that the site is currently developed with two buildings that will be demolished
and an inventory lot will be added in their place. There will be no changes to the existing
service center building or its operations.
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I. That there are no other relevant impacts of the proposed use that cannot be mitigated.
J. That the proposed location, size, design and operating characteristics of this modification
that will add an inventory lot 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. The inventory lot, automobile dealership and service center will be required to comply with
all applicable standards and requirements of the Poway Municipal Code.
SECTION 4: The City Council hereby approves MCUP 19-003 as shown on the
approved plans incorporated by reference herein as shown on the approved plans stamped as
"Exhibit A" and dated January 21, 2020 on file in the Development Services Department, except
as noted herein and 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 reasonable attorney's fees, collectively the "Claims" against the City or its
agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
MCUP 19-003) and any environmental document or decision made pursuant to CEQA.
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. Notwithstanding
the foregoing, no indemnity shall be required for claims resulting from the exclusive gross
negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped "Exhibit A," dated January 21, 2020 on file in
the Development Services Department. If actual conditions and details vary from
representations, the approved plans must be changed to reflect the existing site conditions
and proposed project details. Any substantial changes to the approved plans must be
approved by the Director of Development Services and may require approval of the City
Council if the Director of Development Services finds that the proposed changes do not
substantially conform to approved plans
C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03,
DR 99-06, are fully incorporated herein by this reference except as modified in this
Resolution for MCUP 19-003. The project shall comply with all conditions of approval and
mitigation measures established under previous project entitlements unless otherwise
modified or superseded by these conditions of approval contained herein as determined
by the Director of Development Services.
D. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions
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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.
E. 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.
F The conditions for the project 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.
G. The Minor 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.
H. Prior to issuance of the Building Permit to demolish the existing commercial buildings,
unless other timing is indicated, the following conditions shall be complied with:
(Engineering)
1. All spoil materials from footings and foundations shall be legally disposed of off-
site or if the material is to remain on-site, the material shall be placed per the
requirements of the City grading ordinance.
2. 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.
3. A minimum cash security for erosion control is required. 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.
4. 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.
5. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
6. The applicant will be required to install trash treatment control devices inside all
existing and proposed private storm drain grated inlet structures onsite. Please
call out the device on the plans. Prior to building permit issuance, a recorded Storm
Water Trash Management Facilities Maintenance Agreement, perpetual
maintenance of facilities and an easement granted to the City will be required.
Acceptable devices can be found at: https://www.waterboards.ca.gov
/water_issues/prog rams/stormwater/docs/trash_i iplementation/a 1 _certified_fcsde
vicelist_05aug 19. pdf.
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7. Prior to start of any work within a City -held easement or right-of-way, including
demolition work, 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.
8. Improvement plans submitted with appropriate application, fees and securities and
prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City Project Engineer, in accordance with the submittal and
content requirements listed in the Poway Municipal Code shall be approved.
Submittal shall be made to the Department of Development Services Engineering
Division for review and approval. The improvement design shall be 100%
complete at the time of submittal and ready for approval. The plan shall include,
at a minimum, the following improvements:
a. Improvements to the southwest corner of Poway Road and Gate Drive in
order to bring the corner up to ADA compliance.
b. Remove the concrete for the existing driveway closest to the southwest
corner of Poway Road and Gate Drive and replace with sidewalk and
landscape area
c. Add an ADA -compliant pathway to the existing/widened driveways (to
remain) on Poway Road and Gate Drive.
d. References to the landscape improvements shall be completed per the
approved landscape within the parkway in the right-of-way shall be on the
approved improvement plans.
(Fire Department)
9. Fire apparatus access drives shall have an unobstructed entrance and exit with an
improved width of not less than 20 feet. In most cases, the City of Poway
construction standards for streets (Chapter 12.20 PMC) will be more restrictive.
The more restrictive standard shall apply. Vertical overhead clearance shall be a
minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus not less than 75,000
pounds unless authorized by the FAHJ and shall be provided with an approved
paved surface as to provide all-weather driving capabilities. When deemed
necessary in the opinion of the fire code official, a paved driving surface shall mean
asphalt or concrete surface. The turning radius of a fire apparatus access road
shall be a minimum of 28 feet as measured to the inside edge of the improvement
width or as approved by the fire code official.
10. All automatic gates across fire access roadways and driveways shall be equipped
with approved, emergency, key -operated switches overriding all command
functions and opening gates. Dual -keyed or dual switches shall be provided to
facilitate access by law enforcement. Furthermore, any gate shall meet any and
all applicable setback requirements and will require a building permit.
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(Planning)
11. The developer is required to comply with the Poway Noise Ordinance (PMC
Chapter 8.08) requirements that govern construction activity and noise levels.
12. Landscape and irrigation plans shall be submitted and approved. The landscape
and irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 of the Poway Municipal
Code (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.
The landscape and irrigation plan submittal is separate from other 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.
The plans shall incorporate the following requirements:
a. A plant palate shall be selected to include a sufficient number of plants that
will provide the effect of a three-foot tall screening hedge or provide a
screening hedge. This is required to maintain the less than 15 -foot
landscaped setback area.
b. A raised landscaped planter to provide a dense landscape screen consisting
of 15 -gallon trees, placed 20 feet on -center. This will result in eight trees.
c. 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 eight
street trees. Appropriate ground cover within the right-of-way shall be
provided.
d. Special attention shall be given to provide landscaping that enhances the
intersection corner.
e. The Landscape and Site Plans shall indicate the sight distance restricted
areas at intersections. Add a note that no landscape materials over 30
inches in height shall be placed in sight distance restricted areas.
13. Demolition of existing structures shall include investigations for lead and asbestos
with appropriate mitigations prepared by certified professionals.
I. Prior to the final inspection of the Landscape Plan, and upon establishment of any use,
unless other timing is indicated, the following conditions shall be complied with:
(Engineering)
1. The existing damaged CMU wall on the west side of the property is to be repaired.
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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 or private improvements caused by construction activity from this
project.
4. All public improvements per the approved improvement plans shall be installed.
(Planning)
5. A decorative eight -foot, slump block wall is required along the southern property
line to match the existing block wall on the dealership/service center site. A
building permit issued for the wall will be required prior to its construction. Wall
materials and finishes shall reflect the approved conditions of approval, and shall
be noted on the building plans, to the satisfaction of the Director of Development
Services.
6. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be
designated a no loading or unloading zone to facilitate the movement of vehicles
within Gate Drive that is frequently restricted by automobile delivery vehicles. The
applicant will be responsible for the costs associated with the fabrication and
installation of the warning signs in the public right-of-way by the Public Works
Department. The sign content, locations and number of signs will be determined
by the Director of Development Services.
7 All physical elements of the project shown on the approved building and landscape
plans shall be substantially maintained per the approved plans, except as noted
herein, to the satisfaction of the Director of Development Services.
8. The use of the inventory lot for customer and employee parking is not allowed.
9. The use of amplified sound at the inventory lot is not allowed.
10. Prior to installation of any lighting at the inventory lot, a building permit is required.
All lighting shall be installed with an automatic timer and be turned off at 11:00 p.m.
Any lighting that will be on between the hours of 11:00 p.m. and sunrise shall meet
the requirements of the Poway Municipal Code Section 17.10.150(H). A lighting
study will be required that demonstrates that the proposed lighting will not spread
to off-site areas. Lights along the southern property line shall be installed with
shields to block the Tight from the adjoining residences.
11. All landscaping shall be maintained in a thriving manner. The landscaping along
the Poway Road and Gate Drive frontages shall be maintained so that the
landscaping provides a 3 -foot tall screening effect. This is a requirement to
maintain the less than 15 -foot landscaped setback area.
12. All loading and unloading of vehicles onto vehicle carriers must take place at the
City's dealership inventory lot on Kirkham Way.
13. Test driving of vehicles is prohibited in the adjacent residential neighborhood.
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14. The delivery of new or used vehicles to the site by trucks is prohibited. The loading
or unloading of vehicles on automobile carriers is prohibited. Other deliveries and
pickups, involving vehicle movements, are restricted to between the hours of 8:00
a.m. and 5:00 p.m. Monday through Saturday.
15. Any fences, walls or signs proposed for this development shall be designed and
approved in conformance with the PRSP to the satisfaction of the Director of
Development Services.
SECTION 5: The approval of MCUP 19-003 shall expire on January 21, 2022, at 5:00
p.m. unless the use of the inventory lot has been commenced in reliance on the MCUP approval
or unless prior to the expiration a request for a time extension is submitted to the Development
Services Department and a time extension is subsequently granted by the City Council.
SECTION 6: 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 at a Regular Meeting of the City Council of the
City of Poway, California, on the 21st day of January, 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
Faviola Medina;
C, City Clerk
Steve Vaus, Mayor