Res P-05-62
RESOLUTION NO. P-05-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO
MINOR CONDITIONAL USE PERMIT 00-006M(2),
A REQUEST TO EXPAND THE HOURS OF REPAIR SERVICE
APNs: 323-201-22 and 323-203-20
WHEREAS, on August 14, 2001, the City Council approved Minor Conditional Use
Permit 00-006, Development Review 00-17, and Variance 01-11 to establish a Mitsubishi
auto dealership, including sales office, and service facility on a 0.99-acre site located
at 13864 Poway Road, within the Automotive/General Commercial (NGC) zone of the
Poway Road Specific Plan, pursuant to Resolution No. P-01-42; and
WHEREAS, on August 5, 2003, the City Council approved a modification to Minor
Conditional Use Permit 00-006M to establish additional display area for the existing Poway
Mitsubishi auto dealership on 0.9 acres of a 2.27-acre parcel located on the northeast
corner of Poway Road between Evanston Drive and Otis Post Road, within the
Automotive/General Commercial (NGC) zone of the Poway Road Specific Plan (13910
Poway Road); and
WHEREAS, an application for a modification to Minor Conditional Use Permit
00-006(M)2 was submitted by Mark Abelkop to extend the current hours of operation of the
Service Department for Poway Mitsubishi and Hyundai from Monday through Friday, 7:30
a.m. to 6 p.m. to Monday through Friday, 7 a.m. to 7 p.m. and Saturday from 8 a.m. to
5 p.m.; and,
WHEREAS, on September 13, 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 finds that this project is Categorically Exempt from the
California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1, because
the project is characterized as a minor expansion in hours of operations for an existing auto
repair facility.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for Modification to Minor Conditional Use Permit (MCUP) 00-006M(2) are made as
follows:
A. The proposed location, size, design, and operating characteristics of the automobile
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
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Page 2
the development policies and standards of the City, in that the site is specifically
designated for automotive related uses, and repair facilities are allowed with the
approval of a Minor Conditional Use Permit.
B. The location, size, design, and operating characteristics ofthe auto repairfacilitywill
be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or structures in that the activities will continue to be
conducted within an existing building. Test driving will continue to be prohibited in
the surrounding neighborhoods.
C. The repair business will be in scale, bulk coverage and density consistent with
adjacent uses in that it will continue to be contained within the existing building
envelope.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the repair business. No new utilities are proposed.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the auto repair business is located within an existing building
and activities will be conducted within the building.
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.
G. The site is suitable forthe type and intensity ofthe proposed development in thatthe
auto repair is in an area with several auto related businesses and consistent with the
purpose of the Automotive/General Commercial zone.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the auto repair facility would continue to be located within the
existing building, and will not impact natural habitat resources.
I. There is no relevant negative impact ofthe proposed expanded hours of operations
of the repair facility.
J. The potential impacts, and the proposed expanded hours of operation of the auto
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 auto repair activities will continue to be conducted within an existing
building, and is appropriate to the purpose of the Automotive/General Commercial
zone, in which the site is located, with the approval of a Minor Conditional Use
Permit.
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K. The proposed expanded hours of operations will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 3: The City Council hereby approves a modification to Minor Conditional Use
Permit 00-006M(2) to extend the current hours of operation of the Service Department of
the Mitsubishi and Hyundai dealership located at 13864 Poway Road, within the
Automotive/General Commercial (NGC) zone of the Poway Road Specific Plan. The
approval would extend the hours of operation from Monday through Friday, 7:30 a.m. to 6
p.m. to Monday through Friday, 7 a.m. to 7 p.m. and Saturday from 8 a.m. to 5 p.m. subject
to the following conditions:
A. Approval of this modification to MCUP 00-006M(2) 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 uses.
D. Conditions of Approval listed in Resolution P-01-42 approving MCUP 00-006,
DR 00-17, and VAR 01-11, as well as Conditions of Approval listed in Resolution
P-03-46 approving Modifications to MCUP 00-006(M) are fully incorporated herein
by this reference except as modified in this Resolution for MCUP 00-006M(2).
E. On-site loading and unloading of an automobile, car, or pick-up truck, from a truck
with the capacity to transport more than one such vehicle, is not permitted unless
delivery complies with all of the following:
1. No deliveries will occur on public streets or on the access to the future
housing site to the north (APNs 323-203-18 and19).
2. The delivery truck will not enter residential areas.
3. Delivery hours for vehicles are restricted to between 7:30 a.m. and 6 p.m.
Monday through Saturday. No deliveries are permitted on Sundays.
F. Delivery of parts and supplies is not permitted on public streets or on the access to
the future housing site to the north (APNs 323-203-18 and 19).
On-site delivery hours for parts and supplies are restricted to Monday through
Friday, 7 a.m. to 7 p.m. and Saturday from 7 a.m. to 6 p.m.
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G. The conditions of MCUP 00-006M(2) shall remain in effect for the life of the subject
auto dealership, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner. All previous
conditions of MCUP 00-06M, as contained in Resolution No. 03-46, still apply,
except as modified herein.
H. MCUP 00-006M(2) is subject to a review 6-months after the new hours have been
commenced for compliance with Conditions of Approval for the repair service. This
review shall also include an evaluation of any noise impacts from the service bays
and any impacts from the delivery of vehicles on the site.
I. MCUP 00-006M(2) 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.
Section 4: The approval of MCUP 00-006M(2) shall expire on March 2. 2006. at 5:00
QJ!h unless the new hours have been commenced in reliance on the MCUP approval.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of
California, this 13th day of September 2005.
or
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-05-62
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-05-62 was duly adopted by the City
Council at a meeting of said City Council held on the 13th day of September 2005, and that
it was so adopted by the following vote:
AYES: BOYACK,REXFORD,EMERY
NOES: NONE
ABSENT: HIGGINSON, CAFAGNA
DISQUALIFIED: NONE
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Sherrie D. Worrell, Deputy City Clerk
City of Poway