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Res 20-064RESOLUTION NO. 20-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 20-002 AND DEVELOPMENT REVIEW (DR) 20- 004; A MODIFICATION OF CUP 18-004 AND DR 16-014 TO EXTEND THE EXPIRATION DATE FOR THE UNITED OIL GAS STATION EXPANSION AND REDEVELOPMENT PROJECT AT 12462 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317- 540-75-00 WHEREAS, on March 6, 2018, the City Council approved Conditional Use Permit (CUP) 18-004 and Development Review (DR) 16-014 for United Oil; a proposal to redevelop and expand an existing gas station located at 12462 Poway Road in the Commercial General (CG) district of the Poway Road Specific Plan (PRSP). The project involves the demolition of all existing structures, the construction of a 2,400-square-foot gas station mini-mart building, a 1,000-squarefoot car wash, a 4,000-square-foot fueling station canopy, and the addition of two gas dispenser pumps; WHEREAS, on March 4, 2020, Al Beaudette on behalf of United Pacific requested approval of CUP 20-002 and DR 20-004 for a modification of the previously approved CUP and DR described above that would extend the expiration date by two years to allow the applicant additional time to complete the grading and building permit processes for the project; WHEREAS, on August 4, 2020, 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, including the attachments, and has considered all 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 above recitals are true and correct. SECTION 2: In accordance with the California Environmental Quality Act (CEQA), the City Council on March 6, 2018 found the project to be consistent with the PRSP that was analyzed in the Environmental Impact Report (EIR) prepared in conjunction with the PRSP and therefore, no further environmental analysis is required of the project. The biological impacts related to the project are adequately addressed by and consistent with the Poway Subarea Habitat Conservation Plan, companion Implementing Agreement dated June, 1996, and associated Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR. SECTION 3: The City Council hereby approves CUP 20-002 and DR 20-004 as shown on the approved plans stamped "Exhibit A" and dated August 4, 2020 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. City Council Resolution P-18-04 remains in full force and effect except that the expiration date has hereby been extended by two years and Condition G-5 in Section 6 on page 5 of Resolution No. P-18-04 is amended as follows: 5. Water Quality Control - Design and Construction Resolution No. 20-064 Page 2 The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code (PMC), and a signed PDF version. b. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. SECTION 4: The approval of CUP 20-002 and DR 20-004 will expire on March 6, 2022 at 5:00 p.m., except if prior to that time a Building Permit has been issued and construction has commenced on the property, 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 5: 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. Resolution No. 20-064 Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of August, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: MULLIN, LEONARD, GROSCH, FRANK, VAUS NONE NONE NONE Steve Vaus, Mayor Resolution No. 20-064 Page 2 5. Water Quality Control — Design and Construction The project shall oonnp|yvvdh the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 ofthe Poway Municipal Code (PMC), and a signed PDF version. b. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP nnointenonca, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. SECTION 4: The approval of CUP 20-002 and DR 20-004 will expire on March O. 2022 at 5:00 p.no., except if prior to that time a Building Permit has been issued and construction has commenced on the propertv, 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 5: 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 Resolution No. 20-064 Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of August, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 'Steveeri City Clerk Vaus, Mayor ATTEST: ^ Carrie Gallagher, CMC,