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