Res 23-048RESOLUTION NO. 23-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 23-0004; A MODIFICATION OF CONDITIONAL USE
PERMIT 94-001 TO DEMOLISH AN EXISTING LUBE AND TUNE
FACILITY AND INSTALL 16 VACUUM STALLS AT AN EXISTING
CARWASH LOCATED AT 14713 POMERADO ROAD;
ASSESSOR PARCEL NUMBER: 314-710-33
WHEREAS, Conditional Use Permit (CUP) 23-0003, submitted by David Younan,
applicant, a request to amend CUP 94-001 to allow the modification of an existing carwash/lube
and tune complex at 14713 Pomerado Road in the Commercial General (CG) zone. The project
involves the demolition of an existing 2,005-square-foot lube and tune facility and installation of
16 new vacuum stalls and two pay stations. -
WHEREAS, on April 5, 1994, the City Council adopted Resolution No. P-94-18 approving
the construction of an automobile service complex consisting of a full -service car wash, auto
detailer and lube/tune service;
WHEREAS, on February 22, 2000, the City Council adopted Resolution No. P-00-16
approving CUP 94-001(M), allowing a smog test station within one of the two work bays used for
auto detailing;
WHEREAS, on September 19, 2023, the City Council held a duly advertised public
meeting to solicit comments from the public, both for and against, relative to this application;
WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings
required for granting a Conditional Use Permit; and
VVHEREAS, the City Council has read and considered the agenda report for the proposed
Conditional Use Permit request and has considered other evidence presented at the public
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The project was found to be consistent with the Mitigated Negative
Declaration (MND) approved by the City of Poway on April 5, 1994, for CUP 94-001, in that the
proposed project will not result in any new significant impacts or impacts that would be
substantially more severe than those identified in the 1994 MND, Pursuant to CEQA Guidelines
Section 15162(b), the City of Poway may rely on the 1994 MND and determine that no further
documentation is required. Applicable mitigation measures are included in the conditions of
approval.
SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve
CUP 23-0004, are made as follows:
A. The proposed project is consistent with the General Plan in that the plan designates this
site for commercial uses.
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Page 2
B. The location, size, design, and operating characteristics of the proposed use is compatible
with and will not adversely affect or be materially detrimental to adjacent uses, people,
buildings, structures, or natural resources in that the use will be located within an existing
shopping center which is separated by a major arterial roadway and large grade
separation.
C. That the scale, bulk, coverage and density is consistent with adjacent uses, in that all
development standards of the zoning ordinance are met, and the project does not exceed
the square footage anticipated by the original development plan for the center.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use as all facilities and services can be provided for through the
conditions of approval.
E. There will not be a harmful effect upon desirable characteristics within the commercial
center in that the use will be consistent with the existing CUP.
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 there
will be no increase in traffic based upon the expansion of the use.
G. That the site is suitable for the type and intensity of use and development in that the site
is located within an existing commercial development zone (CG) which permits the
operation of a carwash when regulated by a conditional use permit.
H. That there will not be significant harmful effects upon the environmental quality and natural
resources, in that conditional of approval require mitigation measures to minimize impacts
on the environment.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics of the expansion 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, in that the site has adequate parking to
accommodate the expansion of the veterinary clinic and all activities will occur within the
existing commercial building.
K. That the proposed conditional use will comply with each of the applicable provisions of
this Title.
SECTION 3: The City Council hereby approves CUP 23-0004 as shown on the site plan
incorporated herein by reference and stamped as "Exhibit A" and dated August 30, 2023, on file
in the Development Services Department, except as noted herein, subject to the following
conditions. -
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including attorney's fees, against the City or its agents, officers, or employees, relating to
the issuance of this permit, including, but not limited to, any action to attack, set aside,
Resolution No. 23-048
Page 3
void, challenge, or annul this development approval and any environmental document or
decision. 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.
B. Approval of this CUP 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.
C. Within 30 days of the date of this approval, and before the 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.
D. The use conditionally granted by this approval shall not be conducted in such a manner
as to interfere with reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 23-0004 shall remain in effect for the life of the subject structure
and shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. CUP 23-0004 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.
G. The facility shall be operated in such a manner that it does not create odor in such
quantities as to be readily detectable beyond the boundaries of the site.
H. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08)
requirements that govern construction activity and noise levels.
All landscaped areas 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 trees and protect the public
safety. Unnatural or excessive pruning, including topping, is not permitted.
All roof appurtenances, including air conditioners, shall be architecturally intergraded,
screened from view and sound buffered from adjacent properties and streets as required
the Development Services Department.
K. A minimum of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with the Fire Department
requirements.
L. The existing reclaimed water system shall be fully operational. It shall satisfy all current
and regional requirements for water conservation to the satisfaction of the Engineering
Department and Building Department.
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Page 4
M. No outdoor storage, display or activities shall occur onsite except through approval of
the appropriate permits.
N. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding streets.
O. The facility shall be operated in such a manner as to minimize any possible disruption
caused by noise and shall comply with noise standards contained in Chapter 8.08 of the
PMC. At no time, shall noise from any source exceed the noise standards defined in the
PMC.
P. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate
through the Customer Services Department of the City of Poway. Prior to a business
Certificate, the Applicant shall comply with the following.-
Q. 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.
R. Any signs proposed for the project shall be designed in accordance with the Sign
Ordinance and the comprehensive sign program for Twin Peaks Plaza. The necessary
Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to
installation.
S. The applicant shall obtain a Building Permit associated with the proposed project. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric codes, and
all other applicable codes and ordinances in effect at the time of the Building Permit
issuance.
2. Accessible parking spaces and access aisles are required to be level (maximum
1:48 slope) in all directions to provide a surface for wheelchair transfer to and from
vehicles.
3. The development shall comply with the current addition of the California Building
Code, California Plumbing Code, California Mechanical Code, California Electrical
Code, California Residential Code, California Fire Code, California Energy Code
and California Green Code at time of submittal to the Building Division. All
development shall comply with state structural calculations and seismic safety
requirements.
(Engineering)
4. The curb ramp at the southeastern corner of the site (at the driveway entrance
from Ted Williams Parkway) is required to be updated to be compliant with the
current Americans with Disabilities Act (ADA). Show the existing curb ramp on the
site plan to be removed and replaced with a San Diego Regional Standard curb
ramp that works for this situation. The adjacent cross -gutter spandrel will also be
required to be replaced and needs to show this on the plan as well.
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Page 5
5. 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.
6. The applicant shall pay the storm water pollution inspection fee and minimum
erosion control deposit according to the latest adopted master fee schedule.
7. Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Standard Development
Project and will be subject to all City and State requirements. A Standard Project
SWQMP is to be submitted, consisting of the forms listed in the Poway BMP
Design Manual, Section 8.1.1.
8. 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.
9. The applicant shall be required to install trash treatment control devices inside all
existing and proposed private storm drain grated inlet structures onsite. The
devices shall be called out on the plans. Acceptable devices can be found at
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10. 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
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.
11. 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.
12. 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)
13. The landscape area at the southeastern corner of the site (at the driveway
entrance from Ted Williams Parkway) shall be rehabilitated and the applicant is
required to plant trees and/or shrubs to soften the appearance of the proposed
vacuums.
14. Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the owner.
15. All parking stalls shall be double striped.
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Page 6
16. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H)
of the PMC.
T. Prior to Final Inspection:
(Engineering)
1. 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. The applicant shall install approved trash treatment devices per the Storm Water
Trash Facilities Maintenance Agreement to the satisfaction of the Engineering
Inspector.
4. An adequate drainage system capable of handling and disposing all surface water
at the project site shall be provided to the satisfaction of the Engineering Inspector.
5. 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.
(Planning)
6. The site shall be cleared of all construction materials, supplies, and equipment.
The landscaping shall be kept in a thriving condition.
7. Any missing, dying or dead landscaping shall be replaced and shall be
adequately irrigated and permanently and fully maintained by the Property Owner
at all times.
SECTION 4: The approval of CUP 23-0004 shall expire September 19, 2025, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has commenced on
the property 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: Resolution No. P-94-08 approving CUP 94-01 and Development Review
(DR) 94-01 for the construction of an automobile service complex consisting of a full -service car
wash, auto detailer and lube/tune service at 14713 Pomerado Road is hereby rescinded, effective
upon recording of covenant.
SECTION 6: Resolution No. P-00-16 approving CUP 94-01(M) the smog test station at
14713 Pomerado Road is hereby rescinded, effective upon recording of covenant.
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. 23-048
Page 7
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 19'h day of September 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk