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Res 22-059RESOLUTION NO. 22-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 19-006 AND DEVELOPMENT REVIEW 19-006 TO ALLOW FOR THE CONSTRUCTION OF A 4,791-SQUARE-FOOT AUTOMOTIVE SERVICE BUILDING, CONTAINING NINE SERVICE BAYS, AT 13747 POWAY ROAD ASSESSOR PARCEL NUMBERS: 317-190-15, 317-190-16, 317-190-17, 317-190-18, 317-190-20, 317-190-28, and 317-190-39 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006 for the construction of a 4,791-square-foot automotive service building, containing nine service bays for the Poway Honda dealership located at 13747 Poway Road within the Automotive General Commercial (AGC) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR 99-06 to construct a 22,550-square-foot automobile dealership and service center on a 3.63-acre property located at 13747 Poway Road; WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99- 03 due to Poway Honda's failure to comply with the project Conditions of Approval and the requirements of the PMC; WHEREAS, on December 11, 2001, the City Council determined additional project conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity of the adjacent residential neighborhood and requested the applicant to submit a request for a rehearing of MCUP 99-03 and DR 99-06; WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the PMC, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for rehearing; WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and DR 99-06 and determined that additional project Conditions of Approval were necessary to protect the integrity of the adjacent residential neighborhood; WHEREAS, on January 21, 2020, the City Council approved MCUP 19-003 to allow for a 0.79-acre automotive inventory storage lot for the Poway Honda dealership located at 13715 Poway Road; WHEREAS, on August 2, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-006 and DR 19-006; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. follows: Resolution No. 22-059 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 (Accessory Structures) of the CEQA Guidelines, in that the project is consistent with the General Plan and zoning designation and occurs on a developed property that is less than five acres and is substantially surrounded by urban uses. SECTION 3: The findings, pursuant to Section 17.48.070 of the PMC, to approve MCUP 19-006 to allow the expansion of an automotive service use, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the expansion of the automotive service building is permitted with the approval of a MCUP modification and will otherwise comply with all of the relevant codes and standards of the City of Poway. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the automotive service building has been designed so that the door and only opening to the building faces east. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses in that the proposed automotive service building adheres to the development standards for the AGC district. Further, 15-gallon trees planted at 20 feet on center are required to be planted and maintained along the rear property line. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. The automotive service building has been sited to comply with the General Plan and PMC standards. Conditions of approval are required of the automotive service use which are intended to minimize the potential for negative impacts to the surrounding residential uses. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The construction of the automotive service building will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed Resolution No. 22-059 Page 3 in that the automotive service building meets the development standards for the AGC district and there is sufficient parking available onsite. H. There will not be significant harmful effects upon environmental quality and natural resources in that the automotive service building is an expansion of an existing automotive service use on a developed property. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. An automotive service use is a permitted use with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained 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 use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance). SECTION 4: The findings for DR 19-006, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the Poway Road Specific Plan development standards and design guidelines. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the existing automotive service building and the Poway Road Specific Plan. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed automotive service building will comply with the development standards for the AGC district. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the Poway Road Specific Plan. SECTION 5: The City Council hereby approves MCUP 19-006 and DR 19-006 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated August 2, 2022 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, Resolution No. 22-059 Page 4 and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to MCUP 19-006 and DR 19-006) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A," dated August 2, 2022 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03, DR 99- 06, are fully incorporated herein by this reference except as modified in this Resolution for MCUP 19-006 and DR 19-006. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services. D. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. 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. F. The conditions for the project shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. The Minor Conditional Use Permit may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. Resolution No. 22-059 Page 5 H. Prior to issuance of the Building Permit, unless other timing is indicated, the following conditions shall be complied with: Please note a Floodplain Development Permit will be required for any work within the limits of the floodplain. 2. All spoil materials from footings and foundations shall be legally disposed of off - site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 3. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 4. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. 5. The applicant shall pay the storm water pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule. 6. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 7. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" _ 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features: a. A fire hydrant to service the project. b. A plat and legal description for a minimum 20' wide water easement shall be submitted to accommodate the public water main on the project site. Note: The proposed public water easement is labeled as 10 ft wide on sheet 3 of the current Engineering plans. 8. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Section 16.20. 9. The applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action Resolution No. 22-059 Page 6 plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 10. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 11. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning) 12. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. 13. Landscape and irrigation plans shall be submitted and approved. Landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections. The landscape and irrigation plan submittal is separate from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The plans shall incorporate the following requirements: a. Installation of 15-gallon trees, placed 20 feet on -center along the south property line. b. Installation of shrubs in the landscape planter located on the south side of the proposed automotive service building. Prior to occupancy, the following conditions shall be complied with: All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. 4. The applicant shall install approved trash treatment devices per the Storm Water Resolution No. 22-059 Page 7 Trash Facilities Maintenance Agreement to the satisfaction of the Engineering Inspector. 5. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. After completion of all work, record drawings of the improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 9. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 10. The site shall be cleared of all construction materials, supplies, and equipment. J. Upon occupancy the following conditions shall apply: 1. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. All landscaped areas on -site shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 3. Immediate removal of graffiti and any other type of offensive debris is required. 4. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be designated a no loading or unloading zone to facilitate the movement of vehicles within Gate Drive that is frequently restricted by automobile delivery vehicles. The applicant will be responsible for the costs associated with the fabrication and installation of the warning signs in the public right-of-way by the Public Works Department. The sign content, locations and number of signs will be determined by the Director of Development Services. 5. All loading and unloading of vehicles onto vehicle carriers must take place at the Resolution No. 22-059 Page 8 City's dealership inventory lot on Kirkham Way. 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 7. The delivery of new or used vehicles to the site by trucks is prohibited. The loading or unloading of vehicles on automobile carriers is prohibited. Other deliveries and pickups, involving vehicle movements, are restricted to between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 8. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP to the satisfaction of the Director of Development Services. K. The applicant shall comply with the following requirements to the satisfaction of the Director of the Safety Services (Fire Department): Approved fire hydrants shall be located within 400 feet of all exterior walls as measured by an approved route. A new water main and fire hydrant shall be located on the east side of the proposed project. The location shall be approved by the Fire Department. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and meet the City of Poway standards. The building address shall also be displayed on the roof in a manner satisfactory to the fire code official, and meeting Sheriff Department-ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather paved driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. 4. The building shall be equipped with an approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire sprinkler design and the second for the fire service underground. A water analysis will be required. 5. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the fire department's "Policies for Automatic Fire Sprinkler Systems". 6. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the Resolution No. 22-059 Page 9 standpipe or attached additional risers, accessible by a 3'-0" man door. 7. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a UL listed central station alarm company or proprietary remote station. 8. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 9. A `Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 10. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 11. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 12. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. SECTION 6: The approval of MCUP 19-006 shall expire on August 2, 2024, at 5:00 p.m. unless the use of the inventory lot has been commenced in reliance on the MCUP approval 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 7: 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. 22-059 Page 10 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: i Carrie Gallagher, CMC, Cityf Clerk