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Res P-05-52 RESOLUTION NO. P-05-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 05-01, DEVELOPMENT REVIEW 04-08 AND VARIANCE 05-04, ASSESSOR'S PARCEL NUMBER 323-270-44 WHEREAS, Minor Conditional Use Permit (CUP) 05-01, Development Review 04-08 and Variance 05-04 were submitted by 14007-14015 Poway Road LLC, Applicant, to redevelop the property located at 14007-14015 Poway Road with a new 4,286-square-foot commercial building which will be used for vehicle sales and service, and provide truck and sports vehicle customizing services. A Variance approval is also requested to allow a portion of the proposed parking lot and an 8-foot-high buffer wall to encroach into the required 20-foot street side yard setback and the building to encroach into the required 10-foot interior side yard setback. The property is located within the Automotive General Commercial zone; and WHEREAS, on August 16, 2005, 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 City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program, shown as Exhibit A of this Resolution, for MCUP 05-01. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for MCUP 05-01, to allow an auto service use to be established on the property located at 14007-14015 Poway Road, are as follows: A. The proposed auto service use is consistent with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City in that auto service uses are permitted in the AGC zone with the approval of a MCUP. Resolution No. P-05-52 Page 2 B. The proposed auto service use will not affect the location, size, design and operating characteristics in the area in that an auto service use is presently and has operated on the site for several years without receipt of compatibility complaints. In addition, redevelopment of the site will result in 8-foot-high masonry walls being constructed along the property lines shared with adjacent residential development. The wall will buffer the use and allow it to be compatible with, and not adversely affect or be materially detrimental to, adjacent uses, residents, buildings and structures. C. The harmony in scale, bulk, coverage and density of the proposed auto service use will be consistent with adjacent uses because the site will be developed with facilities and buildings that have been designed to be compatible with surrounding structures. D. The proposed auto service use will not affect existing public facilities, services and utilities at the site. E. The proposed auto service use will not have a harmful effect upon desirable neighborhood characteristics because a buffer wall, and restrictions on noise and light have been designed into the project. F. The proposed auto service use will not affect the capacity and physical character of surrounding streets and the project is consistent with the circulation element of the General Plan in that access to the site will be from Poway Road and the capacity of Poway Road is adequate to handle any traffic generated by the use. G. The site is suitable for the type and intensity of the use, in that auto service uses are encouraged in the Automotive General Commercial zone, and the size and scope of the facility conforms with development standards. H. There will not be significant harmful effects upon environmental quality and natural resources, in that the site has been previously graded and developed, and contains no native vegetation. I. There are no other relevant negative impacts of the development that cannot be mitigated. J. The proposed auto service use will not affect the existing location, size, design and operating characteristics of the 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. The proposed auto service use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code. Resolution No. P-05-52 Page 3 Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 05-04 to allow a portion of the proposed parking lot and an 8-foot-high buffer wall to encroach into the required 20-foot street side yard setback and the building to encroach into the required 10-foot interior side yard setback on the property located at 14007-14015 Poway Road, within the Automotive General Commercial zone, are made 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. The special circumstances include the fact the subject parcel is long and narrow, is encumbered by a 20 foot wide private access easement along the westerly property line and has increased setback requirements because it is adjacent to a residential zone which limits the amount of developable area of the site; and 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 not afforded to the property for which the Variance is sought because the Variance will allow the site to be developed to the same level that other commercially zoned lots not encumbered with a private road easement would be able to; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that redevelopment of the site will improve access to Sudan Road, a private street; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that a similar Variance (V AR 01-11) was approved for Poway Mitsubishi in August 2001 to allow redevelopment of an existing developed commercial property; and, E. Granting the Variance will not allow a use or activity not otherwise expressly authorized by the Automotive General Commercial zone because auto related uses are permitted in this zone; and F. That the proposed Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase. Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 04-08 are made as follows: A. The project is consistent with the Poway General Plan and has been designed to comply with commercial development standards except for the side yard setbacks, for which a Variance is being sought. Resolution No. P-05-52 Page 4 B. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements, grading, and buildings are in compliance with all City development standards. C. That the project is in compliance with the Zoning and Grading Ordinances in that the project complies with all City development standards, with the exception of the side yard setback, for which a Variance approval is being sought. D. That the development encourages the orderly and harmonious appearance of structures and property within the City as the proposed structure is consistent with and complementary to nearby auto dealership properties. Section 5: The City Council hereby approves Minor Conditional Use Permit 05-01, DR 04-08 and Variance 05-04 to redevelop the property located at 14007-14015 Poway Road with a new 4,286-square-foot commercial building which will be used for vehicle sales and service, and provide truck and sports vehicle customizing services. A Variance approval to allow a portion of the proposed parking lot and an 8-foot-high buffer wall to encroach into the required 20-foot street side yard setback and the building to encroach into the required 10-foot interior side yard setback is also approved subject to the following conditions: A. Approval of this Minor Conditional Use Permit 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; and, (2) the property owners shall execute a Covenant Regarding Real Property. 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 commercial and residential uses. D. The terms and conditions of Minor Conditional Use Permit 05-01, Development Review 04-08 and Variance 05-04 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts. E. Minor Conditional Use Permit 05-01 shall 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 occurred during the past year. Resolution No. P-05-52 Page 5 F. Any changes increasing the intensity of use of the operation beyond what is being approved shall be considered as a major revision to the Minor Conditional Use Permit and shall require City Council to approve the request. G. Prior to Grading Permit issuance, the applicant shall complete the following: 1. Submit to the City for review and approval precise grading plans, erosion control plan, stormwater pollution prevention plan, Grading Permit application and geotechnical report/s to the Development Services Department. 2. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Standard Urban Stormwater Mitigation Plan. 3. Grading of the site shall be designed in such a way that the runoff from the easterly adjacent parcel shall not adversely impact the property to the south of the project. 4. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. 5. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. 6. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. 7. A Storm Water Management Plan shall be prepared. The plan shall identify the measures that will be used for storm water and non-storm water management during the permitted activity. 8. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 9. The applicant/developer shall pay the following fees and grading securities: Resolution No. P-05-52 Page 6 a. Grading Permit, plan checking, inspection, Right-of-Way Permit (if needed), and geotechnical review fees. The Grading Permit fee shall be paid at first submittal of grading plans. b. Posting andlor payment of grading securities. 10. City approval of soils report and grading plans. 11. Submittal of a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. H. Prior to construction of public improvements, unless other timing is indicated, the applicant/developer shall complete the following: 1. Submittal, for review and approval, of improvement plans to the Development Services Department for approval of the following improvements. (NOTE: These improvements may be included with the grading plans rather than separate improvement plans, except the fire hydrant relocation.) a. Sudan Road - The street entrance from Poway Road shall be reconstructed to provide alley type curb returns. Improvements shall also include, but not be limited to, replacement of the street approach to provide for a smooth transition to the existing Sudan Road street paving, concrete gutter, and handicap ramps at each side of the curb returns. The curb returns shall be constructed to provide for a 30.00-foot-wide entrance to Sudan Road. An AC berm or concrete curb shall be constructed along the east side of the street, the length of which shall be to the satisfaction of the City Engineer. The berm or curb shall be painted red and No Parking signs shall be installed to the satisfaction of the Director of Development Services. b. Fire Hydrant - The existing fire hydrant along Poway Road at the entrance to Sudan Road shall be relocated to the east side of the new curb return of Sudan Road. c. Street Light - A new street light shall be installed at the easterly curb return of Sudan Road along Poway Road southerly side. d. Concrete Sidewalk - Remove and replace the existing concrete sidewalk along the project's Poway Road frontage. Resolution No. P-05-52 Page 7 e. Driveway - The proposed driveway for the project shall be no wider than 25.00 feet wide and shall be the standard residential driveway type approach (not alley type). 2. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings. 3. All new and existing electrical/communication/CATV utilities, if any, shall be installed underground prior to installation of concrete curbs, gutters and sidewalks, and surfacing of the streets. The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. 4. The locations and sizes of all utility boxes and vaults within street rights- of-way shall be shown on the improvement plans. 5. The applicant/developer shall pay the following fees and post or pay appropriate securities: a. Improvement plan checking and inspection fees. b. Performance and payment securities. These securities may be waived by the City Engineer if substantial amount of grading is completed prior to installation of public improvements and there is sufficient amount of grading securities still held by the City to complete the remainder of the grading works and public improvements. c. Right-of-Way and/or Encroachment Permits, if required as hereupon mentioned. 6. Submittal of a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the preconstruction meeting. 7. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. Resolution No. P-05-52 Page 8 8. No private improvements shall be placed or constructed within public street rights-of-way or City easements unless anyone of the following is satisfied: a. An Encroachment Permit has been issued by the City for the improvements; or b. An Encroachment Removal Agreement has been executed by the developer/owner and subsequently approved by the City; or c. Approval of grading or improvement plans, on which a Right-of- Way Permit has been issued for the private improvements shown to be constructed. I. Prior to Building Permit issuance or October 10th of the year that the Grading Permit is issued, whichever is first, the following condition shall be satisfied to insure that the existing Sudan Road drainage swale functions properly: 1. Remove and replace a portion of an existing drainage swale off-site, along the easterly side of Sudan Road that is currently AC-patched, with concrete paving. That portion of the swale to be replaced is located approximately 175.00 feet south of the project site J. Prior to Building Permit issuance, the following conditions shall be satisfied: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 2. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 3. The locations of any new utility boxes over 3 feet in height shall be noted on the plans, and screening shall be provided to the satisfaction of the Director of Development Services. 4. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. 5. All existing overhead utilities shall be undergrounded. A note shall be added on the building plans that overhead utilities will be underground. 6. 7. 8. 9. 10. 11. 12. 13. Resolution No. P-05-52 Page 9 The site plan shall show and note all required parking. The site plan shall clearly identify and distinguish between customer parking, employee parking and display area. Based on the proposed building area being 4,286 square feet, a minimum of 18 parking spaces shall be provided. The two service bay area parking stalls may be counted toward the required 18 spaces. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch- wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six-inch-high, six-inch-wide Portland concrete cement curb. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 25-foot-wide emergency vehicle access shall be provided, maintained free and clear at all times during construction, in accordance with Safety Services Department requirements. All parking spaces shall be double striped. The minimum dimensions for standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van accessible space. Parking lot lights shall be low-pressure sodium and not exceed a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and buildings on adjacent lots. Any proposed security lighting shall utilize low-pressure sodium fixtures. The fixtures ~hall be shielded with well-defined cut-off limits to confine illumination tolon-site areas only. Regular parkf,.1 g stalls that are parallel to Poway Road shall observe a minimum 40-f ot setback from the right-of-way. Marked display stalls are permitted to ncroach as shown on the project site plan dated May 20, 2005, on file i~ the Planning Division. , Submit landsqape and irrigation plans to the Planning Division for review and approvaLI A landscape plan check review fee is required at the time of initial sub;rlittal of the plans. The plans shall be prepared pursuant to the City of Pdway Guide to Landscape Requirements. The plans should address the following: Resolution No. P-05-52 Page 10 a. All created and existing slopes of 5:1 or greater shall be planted and irrigated with a varied palate of trees, shrubs, and ground cover. b. Street trees shall be provided in accordance with requirements listed in the City of Poway Guide to Landscape Requirements. The species of tree (lemon bottlebrush trees) proposed on the concept landscaping plan along the southerly and westerly property line shall be changed to be consistent with the Street Tree provision of the Landscape Requirements. c. Shrubs shall be installed along the westerly elevation of the required masonry block wall to soften and break up the linear appearance. d. The area between the wall and the limits of the road improvements along Sudan Road shall be landscaped and irrigated. e. A minimum 8-foot-high decorative masonry wall shall be installed along the southeasterly, southerly and southwesterly property lines as shown on the project site plan dated May 20, 2005, and on file in the Planning Division office. A minimum 5-foot-wide raised landscape planter shall be constructed adjacent to the wall. Said planter may be constructed on the subject property, but on the south side of the 8-foot-high masonry wall, provided a letter of approval is obtained from the adjacent residential property owner to the south. A dense evergreen landscaping screen shall be provided in this planter area. The design of the wall along Sudan Road shall be architecturally enhanced to soften its appearance. Enhancements may include regularly spaced decorative pilasters, variations in the solid portion wall height, a decorative wall cap, a mix of masonry and decorative iron, or other design features. A final wall design shall be submitted for review and approval prior to the approval of the building permit for the wall. 14. The project plans shall be revised to omit the detached canopy cover over the display area proposed in the northwesterly segment of the parking lot. 15. Any roof-mounted equipment shall be completely screened from view on every side. Method of screening shall be to the satisfaction of the Director of Development Services. 16. Trash receptacles shall be enclosed within a 6-foot-high masonry wall with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Director of Development Services. Resolution No. P-05-52 Page 11 17. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance under a separate Sign Permit. There shall be no wall signs permitted along the west building elevations. 18. The proposed air compressor unit shall be installed within a noise attenuating enclosure within the building. 19. Wheel stops shall be provided for all parking spaces that abut the proposed masonry wall. 20. Completion of and approval by the City of rough grading of the project site. 21. City approval of soils compaction report. 22. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. 23. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water base capacity fee (if new and/or additional water meter is to be installed) For %" meter For 1" meter For 1 Y, " meter Other meter sizes = $ 3,710.00 per meter = $ 6,678.00 per meter = $10,388.00 per meter = Contact Engineering Division Water meter fee (if new and/or additional water meter is to be installed) For %" meter = $ 130.00 per meter For 1" meter = $ 270.00 per meter For 1W' meter = $ 600.00 per meter Other meter sizes = Contact Engineering Division SDCWA System capacity charge (if new andlor additional water meter is to be installed) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For %" meter = $2,461.00 per meter, if paid by 7-29-05, otherwise $3,985.00 effective 8-1-05 For 1" meter = $3,206.00 per meter, if paid by 7-29-05, otherwise $6,376.00 effective 8-1-05 For 1W' meter = $6,012.00 per meter, if paid by 7-29-05, otherwise $11,955.00 effective 8-1-05 Other meter sizes = Contact Engineering Division Resolution No. P-05-52 Page 12 SDCWA Treatment capacity charge (if new andlor additional water meter is to be installed) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter = $153.00 per meter, effective 8-1-05 For 1" meter = $245.00 per meter, effective 8-1-05 For 1Y:," meter = $459.00.00 per meter, effective 8-1-05 Other meter sizes = Contact Enaineerina Division Sewer connection fee = None Sewer c1eanout fee = $50.00 per cleanout (if new lateral is installed) Sewer cleanout inspection fee = $25.00 per cleanout Traffic mitigation fee = $895.95* *[(4286 SF - 2,400 SF)/1 ,000 SF x 50 x $66 x 0.25] -(660) = $895.95 where: 4,286 SF = building area of new project 2,400 SF = bldg. area of existing building to be replaced 1,000 SF = generates 50 ADT (see below) 50 = Average daily trips (ADT) generated by a car sales and repair business $66 = unit cost per ADT 0.25 = reduction in fee for commercial projects $660.00 = credit for existing residence on site to be removed Drainage fee = None Park fee = None 24. Compliance with the following conditions is required. Compliance shall be approved by the Department of Safety Services. a. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504 and City of Poway Ordinance No. 64. b. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Resolution No. P-05-52 Page 13 Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria. c. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. (P.M.C.) d. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. A double detector check valve assembly with tamper switches, also monitored, is to be located by the City Fire Marshal prior to installation. A breakaway padlock shall be required for the fire sprinkler system post indicator valve. e. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. f. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. g. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. h. Minimum 2A 1 OBC fire extinguisher required for every 3,000 square feet and 75' travel distance for showroom and office area. A minimum of two 3A40BC fire extinguishers for the service area. i. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. j. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. k. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign Resolution No. P-05-52 Page 14 indicating "Fire Sprinkler Riser. When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0 man door. L. Prior to City's approval for occupancy the following conditions shall be satisfied: 1. Completion of public improvements. 2. City approval of record drawings of the grading and improvement plans. 3. A maintenance mechanism agreement for maintenance of all storm water BMPs (Best Management Practices), satisfactory to the Director of Development Services, shall be prepared and subsequently recorded. 4. Posting of a warranty bond for the constructed public improvements. The City, however, reserves the right to waive this requirement under appropriate circumstances. 5. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 6. Performance securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 7. Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after City's acceptance of improvements, posting of warranty security, and approval of record drawings. 8. Landscaping and irrigation shall be installed in accordance with the approved project Landscaping Plan. Landscaping shall be maintained in healthy, thriving condition and clear of litter and debris. 9. The owner shall mark employee and customer parking on the parking lot pavement. M. Upon occupancy the applicant shall comply with the following conditions: 1. There shall be no delivery of parts or supplies after the hour of 6:00 p.m. 2. The compressor doors shall remain closed at all times, unless during maintenance. 3. The hours of operation shall be as follows: Resolution No. P-05-52 Page 15 · Monday - Friday: 7:00 a.m. to 7:00 p.m. · Saturday: 9:00 a.m. to 6:00 p.m. · Sunday: The service area shall be closed. Sales operation will be permitted from 10:00 a.m. - 6:00 p.m. 4. The service bays shall not be used by employees or any other person after normal business hours to repair, wash, paint, or otherwise work on any vehicle, truck, or motorcycle. 5. Employees of the subject use and other business related vehicles shall not park on Sudan Road and other nearby residential streets. 6. If cars are to be washed, the washing must be done within the service bays and the drainage waters directed into the sewer system. 7. No outdoor paging systems or telephone bells or similar devices shall be permitted. 8. There shall be no delivery of vehicles after normal working hours. Carrier truck vehicle delivery will not occur at or on-site, but at the off-site location that is presently in the South Poway Business Park. Individual vehicles will then be driven to the subject site. 9. To insure compliance with the traffic, parking and noise mitigation conditions, the business owner shall provide a summary of the performance standards noted in this application permit to all managers, employees, new employees, and business representatives that have the potential to violate the noted conditions. Section 6: The approval of Minor Conditional Use Permit 05-01, Development Review 04-08 and Variance 05-04 shall expire on August 16, 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. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on August 16, 2005. Resolution No. P-05-52 Page 16 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of August 2005. ATTEST: ii~~ L. Diane Shea, City Clerk 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-05-52 was duly adopted by the City Council at a meeting of said City Council held on the 16111 day of August 2005, and that it was so adopted by the following vote: AYES: REXFORD,EMERY,CAFAGNA NOES: NONE ABSENT: BOYACK, HIGGINSON DISQUALIFIED: NONE 0( ~ VkA- L. Diane Shea, City Clerk City of Poway Resolution No. P-05-52 Page 17 EXHIBIT A MITIGATION MONITORING PROGRAM FOR MCUP 05-01, DR 04-08 and VAR 05-04 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation". This Mitigation Monitoring Program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing Responsibility Aesthetics Any lighting in the display area shall be Prior to Applicant connected to timers and that the light Certificate of standards be designed to shield lights from Occupancy spillover to adiacent properties. Hydrology and The developer shall install a drainage Prior to Applicant Water Quality system capable of handling all drainage Grading running through or generated on the Permit subject property and will be required to pay City drainage fee. To minimize the potential for polluted runoff during construction on the site, development of the site will require compliance with the Poway Standard Urban Storm water Mitigation Plan and the Regional Water Quality Control Board regulations. The developer shall remove and replace a Prior to Applicant portion of an existing drainage swale off- Grading site, along the easterly side of Sudan Road Permit that is currently AC-patched, with concrete paving. An 8-foot-high, decorative masonry block Prior to Applicant wall shall be constructed along the Occupancy southeasterly, southerly and southwesterly property lines of the lot to buffer and attenuate noise. Resolution No. P-05-52 Page 18 Topic Mitillation Measure Timinll Responsibilitv Noise There shall be no delivery of parts or After Applicant supplies after the hour of 6:00 p.m. Occupancy Any air compressors used by the business After Applicant shall be kept within a noise attenuating Occupancy cabinet that is located inside of the building. The doors of the cabinet shall remain closed at all times, except during times of maintenance. The service bays shall not be used by After Applicant employees, or any other person, after Occupancy normal business hours to repair, wash, paint or otherwise work on any vehicle truck or motorcycle. If vehicles are to be washed, the washing After Applicant must be done within the service bays and Occupancy the drainage waters directed into the sewer system. No outdoor paging system, telephone bells After Applicant or similar devices shall be permitted. Occupancy Transportation Project driveway access width shall be 25 Prior to Applicant and Traffic feet and located as far east on the lot as Grading possible. An apron type design shall be Permit provided for the proposed driveway. Curbing within the easterly and westerly Prior to Applicant easements of Sudan Road shall provide a Grading minimum 3D-foot-wide access and alley Permit type returns shall be provided to promote easier ingress and egress. The existing fire hydrant improvements Prior to Applicant located within the Sudan Road easement Grading shall be relocated to beyond the easterly Permit limits of said easement.