Loading...
Res P-07-14 RESOLUTION NO. P-07-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MODIFICATION TO MINOR CONDITIONAL USE PERMIT 05-04 (MCUP 05-04M), REVISION TO DEVELOPMENT REVIEW 05-09 (DR 05-09R), AND VARIANCE (VAR) 07-03 APN: 323-203-23 WHEREAS, on April 4, 2006, the City Council approved by Resolution P-06-17 for Minor Conditional Use Permit (MCUP 05-04), Development Review (DR 05-09), and Variance (VAR 05-15) to construct a 23,450-square-foot auto dealership with a 10-bay service center at 13910 Poway Road, within the Automotive/General Commercial (NGC) zone of the Poway Road Specific Plan area, and to allow the parking lot to observe a 15- foot front yard setback, where a 20-foot front yard setback is required, and to allow the building to observe a O-foot setback along the rear (north) property line, where a 25-foot setback is required; and WHEREAS, a request for a modification to MCUP 05-04 (MCUP 05-04M), a revision to DR 05-09 (DR 05-09R), and Variance 07-03 (VAR 07-03) were submitted by Mark Abelkop, of Poway Auto Group; and WHEREAS, the modification and Variance is to allow the addition of a 575-square- foot auto-detailing structure to the 23,450-square-foot automobile dealership and service center currently under construction, and to allow the covered detail structure to maintain a O-foot setback along the rear property line where a 25-foot setback is required; and WHEREAS, on April 3, 2007, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application on the above-referenced item. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: MCUP 05-04M and DR 05-09R are Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves a minor addition to a commercial building. Variance 07-03 is Categorically Exempt from CEQA, as a Class 5 Categorical Exemption, pursuant to Section 15305 of the CEQA Guidelines, in that the project involves an alteration in land use limitation. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for MCUP 05-04M, to add a 575-square-foot auto-detailing structure to Resolution No. P-07-14 Page 2 the automobile dealership under construction on the property located at 13910 Poway Road, are as follows: A. The proposed auto detail structure 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 related uses are permitted in the A1GC zone with the approval of an MCUP. B. The location, size, design, and operating characteristics of the auto detail structure will be compatible with and will not adversely affect or be materially detrimental to adjacent uses because the detail structure will be walled on three sides and have a roof, with the opening to the auto detail structure facing Poway Road. In addition, an eight-foot-high perimeter 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 detail structure will be consistent with adjacent uses because the structure has been designed to be compatible with the auto sales and repair facility under construction. The 12-foot-high auto detail structure will provide a visual transition to the 24-foot- high main structure when viewed from adjacent properties. D. The proposed auto detail structure will not affect existing public facilities, services or utilities at the site. E. The proposed auto detail structure will not have a harmful effect upon desirable neighborhood characteristics because walls will provide a noise buffer and restrictions on activities within the detail structure have been designed into the project. F. The proposed auto detail structure 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 the auto detail structure will not draw additional customers to the site. The facility will be used to detail cars that are for sale or that were serviced at the site. G. The site is suitable for the type and intensity of the use in that the site is already being developed with an auto service use, which is encouraged in the A1GC zone. H. There will not be significant harmful effects upon environmental quality and natural resources in that the entire site has been previously graded and contains no native vegetation. Resolution No. P-07-14 Page 3 I. There are no other relevant negative impacts of the development that cannot be mitigated. J. The proposed auto detail structure 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 detail structure will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code except for the required rear yard setback for which a variance is granted based on findings outlined in Section 3 of this Resolution. Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 07-03, to allow the covered auto detail structure addition to maintain a O-foot setback along the rear property line where a 25-foot setback is required, as shown on the site plan dated January 29,2007, 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 with the identical zoning classification. The special circumstances include the fact that lot depth of the subject property is less than most other full service dealerships in the area. The lot shape is also unusual for a commercial development in that the width is over twice the lot depth. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other dealership owners in the same vicinity and not afforded to the property for which the Variance is sought because a majority of dealerships have areas designated for auto detail in the vicinity of the service area. C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the elevation of the detail structure would be consistent with the main dealership/service building and would incorporate colors that are consistent with the color palette of the surrounding residential development. 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 25-foot-wide driveway will be provided on the property to the north of the project site providing a separation between the proposed building and any development on the property immediately to the north. E. Granting the Variance would not aI/ow a use or activity not otherwise expressly Resolution No. P-07-14 Page 4 authorized by the A1GC zone because auto detailing is an important component to operating an automotive dealership with a service center, which is allowed with the approval of an MCUP. F. That the proposed Variance will be compatible with the City's General Plan because auto-related uses are encouraged in the AlGC land use designation and will not result in a density increase. Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 05-09R 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 rear yard setback for which a Variance is being sought. 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, except for the rear yard setback for which a Variance is being sought. 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 rear setback for which a Variance approval can be supported. D. That the development encourages the orderly and harmonious appearance of structures and property within the City as the proposed structure is consistent with the auto dealership/service center building currently under construction. Section 5: The City Council hereby approves MCUP 05-04M, DR 05-09R, and VAR 07-03; a request to add a 575-square-foot auto detailing structure to the 23,450- square-foot automobile dealership and service center currently under construction, and to allow the covered detail structure to maintain a O-foot setback along the rear property line where a 25-foot setback is required, subject to the following conditions: A. Approval of this Minor Conditional Use Permit, Development Review, and Variance shall apply only to the subject project and shall not waive compliance with all other 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. Resolution No. P-07-14 Page 5 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 05-04M, Development Review 05-09R, and Variance 07-03 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 05-04M 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. 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 approval of the request. G. All Conditions of Approval contained in Resolution P-04-46 shall apply, except as amended by this Resolution. H. Prior to the issuance of a Building Permit, the applicant shall comply with the following. 1 . The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. 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. 2. The site plan shall show and note all required parking. 3. Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Service. 4. The building plans shall include elevations and cross sections that show all new roof-mounted appurtenances, including, but not limited to. air conditioning and vents, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 5. The plans shall include a central vacuum system to be installed within a noise attenuating enclosure within the main building. Resolution No. P-07-14 Page 6 I. Prior to occupancy, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. (Safety Services) 2. The fire sprinkler system shall be extended to the auto detail structure. Plans are to be submitted to the Fire Department and approved prior to installation to the satisfaction of the Fire Marshal. (Engineering) 3. All washing or detailing of vehicles shall take place in a specified area designed to prevent discharge of pollutants off-site or into the storm drain system. Best Management Practices shall be installed and maintained in accordance with Section 4.3 of the City of Poway Jurisdictional Urban Runoff Management Program, and are subject to approval and inspection by the City. (Planning) 4. All landscaping shall be planted pursuant to the City of Poway Guide to Landscape Requirements and the approved landscape plans. 5. All parking spaces required for employee, customer, and service shall be marked as such in the pavement. J. Upon occupancy the applicant shall comply with the following conditions: 1. The hours of operation must be conducted within the following time limits: a. Monday - Friday: Sales 8:30 a.m. to 10:00 p.m. Vehicle Delivery 7:30 a.m. to 6:00 p.m. Service/Parts and Detailing 7:00 a.m. to 7:00 p.m. b. Saturday: Sales 9:00 a.m. to 8:00 p.m. Vehicle Delivery 7:30 a.m. to 6:00 p.m. Service/Parts and Detailing: 8:00 a.m. to 5:00 p.m. c. Sunday: Sales 10:00 a.m. to 7:00 p.m. No vehicle delivery is permitted. The service/parts and detailing area will be closed. Resolution No. P-07-14 Page 7 2. The auto detail structure shall be used to manually wash and dry cars that have been serviced in the facility or would be displayed as inventory for sale. Vacuuming of cars shall utilize a "central" vacuum system. with the vacuum pump located inside the compressor room of the service building. A hand buffer may be used to buff cars. No repair-related activities or painting of any vehicle. truck, or motorcycle is permitted within the auto detail structure. 3. Employees or any other person shall not use the auto detail structure after normal business hours to wash or otherwise work on any vehicle, truck, or motorcycle. 4. If cars are to be washed. the washing must be done within the auto detail structure or services bays and the drainage waters directed in to the sewer system. Section 6: The approval of MCUP 05-04M, DR 05-09R, and VAR 07-03 shall expire on April 3, 2009, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and construction has commenced on the property in reliance on the MCUP approval prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 3rd day of April 2007. ATTEST: L~~~ Resolution No. P-07-14 Page 8 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-07-14 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of April 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~b~ City of Poway