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,