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Res P-08-10 RESOLUTION NO P-08-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA RESCINDING RESOLUTION NO P-97-07 AND REVOKING MINOR CONDITIONAL USE PERMIT (MCUP) 96-06 ASSESSOR'S PARCEL NUMBER 323-262-37 WHEREAS, Henry Rose, of Premier Recovery Service, obtained a Minor Conditional Use Permit (MCUP) 96-06 from the City of Poway on March 4, 1997, which contained specific conditions of approval relating to the conduct of a vehicle repossession business on the property locat8i at 13977 Poway Road, within the Automotive/General Commercial zone, and WHEREAS, on March 4, 2008, and May 6, 2008, pursuant to Poway Municipal Code Section 1748150, the City Council conducted a publicly noticed annual review as a result of neighborhood complaints regarding the manner in which the use has been operating, and with confirmation by City stc,jf that the use was operating in violation of the conditions of approval for MCUP 96-0G, and WHEREAS, on May 6, 2008, the City Council directed City staff to schedule MCUP 96-06 for a public hearing for revocation pursuant to Poway Municipal Code Section 17 48 150; and WHEREAS, on June 17, 2008, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to the revocation of MCUP 96-06, and WHEREAS, the City Council determined that revocation of Minor Conditional Use Permit 96-06 is necessary to protect the public health, safety and welfare of the adjacent residential neighborhood because the operational characteristics of the use, as it operates today, is too' intense and not appropriate for the site located at 13977 Poway Road, as evidenced by the applicant's failure to comply with all of the project conditions of approval contained in Resolution No P-97-07 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows. Section 1. The City Council finds that the subject action is exempt under the provision of the California Environmental Quality Act, Class 15301, in that the site is an existing use and facility Section 2. The findings pursuant to Section 1748070 of the Poway Municipal Code to revoke MCUP 96-06, which allowed a vehicle repossession business at -13977 Poway Road, within the Automotive/General Commercial zone, are made as follows Resolution No P-08-10 Page 2 A. The location, design and operating characteristics of the use is not in accord with the purpose of the Zoning Ordinance, the purpose of the Automotive/General Commercial zone, the General Plan, and the development policies and standards of the City in that the use has been operating in violation of the conditions of approval of MCUP 96-06 resulting in impacts to the public health, safety and welfare of surrounding uses. Specifically, the use has been operating in violation of the conditions contained in Resolution No P-97 -07, in that: 1 The applicant has failed to ensure that large transport trucks use an approved offsite location for loading and unloading of vehicles Large transport trucks have been loading vehicles associated with the use on Sudan Road, which is a private street and where parking is prohibited 2. All vehicles have not been stored or parked on a paved surface 3 There is not an adequate amount of space in the vehicle storage lot to allow for easy maneuvering of vehicles into and out of the lot. Business- related vehicles have been stored or parked on Sudan Road. 4 A defined onsite customer/employee parking area has not been provided with standard parking spaces a minimum dimension of 185 feet by 85 feet Also, no accessible parking spaces, in accordance with the Americans with Disabilities Act, are provided. B The location, size, design, and operating characteristics of the vehicle repossession business is incompatible with, and has had an adverse affect or has been materially detrimental to, the adjacent neighborhood in that: 1 Vehicle transport truck loading/unloading and vehicle storage has not been contained completely on the subject property, but has often occurred along Sudan Road and blocked traffic access along the street. 2. The number of vehicles stored in the storage lot has not allowed for easy maneuvering of vehicles into and out of the lot; therefore, business-related vehicles have often been stored or parked on Sudan Road, a private street. C The vehicle repossession business has had a harmful effect upon desirable neighborhood characteristics in that the use has operated in violation of the conditions of approval, in that large vehicle transport trucks utilized Sudan Road for loading/unloading rather than a City-approved offsite location and blocked through access along Sudan Road, negatively impacting the adjacent residential neighborhood Resolution No P-08-10 Page 3 D Traffic associated with the use has had an adverse impact on public safety and the physical character of the surrounding streets and/or the Circulation Element of the General Plan in that business-related traffic has often driven through the neighborhood to the south on privately maintained residential streets (Sudan Road, Chancellor Way and Adah Lane), which contributes to the deterioration of the paving on the streets. In addition, the street widths are not appropriate for commercial truck traffic, resulting in safety issues E. The site is not suitable for the type and intensity of a vehicle repossession business in that the site IS too small to accommodate the onsite loading/unloading of large vehicle transport trucks, therefore, the transport trucks have often parked on Sudan Road to load/unload vehicles and have blocked through traffic. F That the negative impacts from the use as discussed above cannot be mitigated G The impacts described above and the location, size, design, and operating characteristics of the use have been detrimental to the public health, safety and welfare and materially injurious to properties and improvements in the vicinity, which is contrary to the goals and policies of the General Plan and to the purpose and intent of Poway Municipal Code Section 17 48 010 Section 3 The City Council hereby revokes Minor Conditional Use Permit 96-06 and directs the applicants to cease use of the subject property for purposes of all vehicle repossession-related activity by September 1, 2008 Section 4 Resolution No P-97-07 is hereby rescinded. Section 5 The parties are hereby informed that the time within which judicial review of this decision is sought is governed by Section 1094 6 of the Code of Civil Procedure. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 17th day of June 2008. ATTEST ~L )J~ery"/1 Salam Hasenin, City Clerk Resolution No P-08-10 Page 4 S'!Jl..TE OF CA.lIFORNIA ) ) S5 COUNTY OF SAN DIEGO ) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-08-10, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 2008, and that it was so adopted by the following vote AYES EMERY, HIGGINSON, CAFAGNA NOES NONE ABSENT BOYACK DISQUALIFIED REXFORD ~L/;~~;~ Salam Hasenin, City Clerk City of Poway