Res P-05-81
RESOLUTION NO. P-05-81
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 05-10
ASSESSOR'S PARCEL NUMBER 317-130-68
WHEREAS, Conditional Use Permit (CUP) 05-10 was submitted by PWM LLC,
Applicant; requesting to establish an office for the Department of Motor Vehicles (DMV) in an
existing commercial building located at 13461 Community Road, which is located at the
southeast corner of Community Road and Hilleary Place, within the Commercial General
zone and Specific Plan 98-01 area; and
WHEREAS, on October 6, 1998, Specific Plan 98-01 was adopted pursuant to
Ordinance No. 507 and amended by Ordinance No. 627 establishing additional land use
regulations on the subject property and it lists government offices as an allowed use with a
Conditional Use Permit; and
WHEREAS, on December 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 proposed project is not subject to the California Environmental Quality Act
(CEQA), pursuant to Section 15061 (b)(3) of CEQA Guidelines, in that the activity does not
have the potential for causing a significant effect on the environment.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 05-10 to allow an office for the Department of Motor Vehicles (DMV) at 13461
Community Road, within the Commercial General zone and Specific Plan 98-01 area are
made as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
DMV office are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General
Plan, Specific Plan 98-01, the Commercial General zone, and the development
policies and standards of the City in that a government office is allowed with a
Conditional Use Permit. The project will not significantly impact traffic circulation or
parking because the DMV will be located within an existing commercial center with
excess parking.
B. The location, size, design, and operating characteristics of the proposed DMV office
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources in that the facility
has been designed and sited such that it will not result in visual impacts to the
surrounding community and it will comply with City of Poway Municipal Code, and all
other applicable State and County Codes.
Resolution No. P-05-81
Page 2
C. The proposed DMV office is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that the proposed use will be an office use in
an existing commercial building which includes or is surrounded by a variety of uses,
including retail, medical, restaurant and office uses.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed government office in an existing commercial building.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed DMV office will be located in an existing
commercial building that was designed and sited such that it will not result in an
impact to the surrounding community.
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 in that
the proposed DMV office is located within an existing commercial center with a
parking lot and driveways from Community Road and Hilleary Place that will
adequately serve the trips generated by the DMV.
G. The site is suitable for the type and intensity of use in that the proposed DMV use is
located near the center of Poway and will provide a service to the citizens of Poway.
This will help towards the City of Poway's goal to promote land uses that provide
Community-wide services within the Town Center area.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed DMV office will be located on a developed property
and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed use that cannot
be mitigated in that the use will comply with poway Municipal Code noise standards.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed DMV will not be materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan, in that the
facility has been designed and sited such that it will not result in impacts and the use
is located adjacent to a Transportation Element Roadway.
K. The proposed DMV office will comply with all the applicable provisions of Chapter
17.48 of the Poway Municipal Code in that the facility has been designed and sited
such that it will not result in visual impacts.
Section 3: The City Council hereby approves CUP 05-10 to allow an office for the
Department of Motor Vehicles (DMV) at 13461 Community Road, within the Commercial
General zone and Specific Plan 98-01 area, as shown on the plans dated November 15,
Resolution No. P-05-81
Page 3
2005, consisting of two Phases (Phase 1 occupying 6,528 square feet and Phase 2
occupying 10,000 square feet) subject to the following conditions:
A. Approval of this CUP 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 uses.
D. The conditions of CUP 05-10 shall remain in effect for the life of the subject
government office, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. CUP 05-10 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.
F. Prior to the issuance of a Building Permit, the applicant shall comply with the
following:
(Engineering)
1. The applicant shall pay the following traffic impact fees:
(Phase 1) Traffic Mitigation Fee= $10,771.20.
(Phase 2) Traffic Mitigation Fee= $5,728.80..
. 6,528 SF x 100 ADT x $66.00/ADT x 0.25 = $10,771.20
.. (10,000 SF - 6,528SF) x 100 x $66.00 x 0.25 = $5,728.80
where:
(Phase 1) 6,528 SF = building area to be transformed to DMV's use
(Phase 2) (10,000 SF - 6,528 SF) = 3,472 SF
100 ADT = Average Daily Trips per 1,000 SF of building area from conversion
of use from Retail/Commercial Community Shopping Center (80 ADT/1 ,000
SF) to Department of Motor Vehicle's Office (180 ADT/1,OOO SF). Reference:
SANDAG 's April 2002 Traffic Generation Rate
$66.00 = Traffic Mitigation Fee per ADT. Reference: City Resol. 83-045
0.25 = 25% reduction in fee for non-residential use. Reference: City Resol.
83-045
Resolution No. P-05-81
Page 4
Note: The above fees are based on the building areas as projected to be
utilized and that the fees, as calculated, are subject to change. The traffic
generation rate, unit traffic mitigation fee of $66.00/ADT, and the 25%
reduction shall remain in effect.
(Planning)
2. Submit to the Director of Development Services evidence that Wal-Mart will
allow vehicles from the subject center to park within the Wal-Mart parking lot in
order to meet the parking requirements of the DMV. Should the agreement
with Wal-Mart be revoked, and prior to the effective date of the revocation, the
applicant shall notify the City and submit to the City an application to modify
the Conditional Use Permit pursuant to Poway Municipal Code Section
17.48.100 to address the parking needs of the use. If adequate parking
cannot be provided, the application may be revoked pursuant to Poway
Municipal Code Section 17.48.110.
3. Obtain any required Building Permits for Tennant Improvements.
G. Prior to commencing the DMV use, the applicant shall comply with the following:
(Planning)
1. The applicant shall comply with the following to the satisfaction of the Director
of Development Services and subject to receiving permission from the owner
of APN 317-130-67:
a. Install "no parking" signs within the parking lot of the property known as
APN 317-130-67, which would allow the towing of cars that do not
belong to customers and employees associated with Professional
Claims Services, Inc.
b. Paint "Reserved for Professional Claims Services, Inc. Only" within the
parking space pavement of the property known as APN 317-130-67.
2. A final inspection from the Planning Division and Safety Services Department
will be required.
3. Trash receptacles shall be installed near the entrance to the DMV.
H. Upon establishment of the DMV use pursuantto CUP 05-10, the following shall apply:
1. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
2. The owner or operator shall routinely and regularly remove trash from the site.
Resolution No. P-05-81
Page 5
3. All facilities shall be maintained in good repair. Any damage from any cause,
shall be repaired as soon as reasonably possible so as to minimize
occurrences of dangerous conditions or visual blight.
4. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining properties.
5. All landscaping, including areas within the adjacent Public Right-of-Way, shall
be adequately irrigated, and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Poway Guide to
Landscape Requirements. The trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health ofthe
trees and to protect the public safety. Trees should be trimmed or pruned as
needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall
not be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
Section 4: The approval of CUP 05-10 shall expire on December 13, 2007, at 5:00 p.m.
unless, prior to that time, the conditions above have been completed in reliance on the CUP
approval and the use has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 13th day of December 2005.
Michael P. Cafagn r
ATTEST:
l~ Shea, C"' Cle~
Resolution No. P-05-81
Page 6
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-05-81, was duly adopted by the City Council
at a meeting of said City Council held on the 13th day of December 2005, and that it was so
adopted by the following vote:
AYES:
NOES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
fi~lt.1(u-
City of Poway