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Res P-09-18 RESOLUTION NO. P-09-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 03-10M ASSESSOR'S PARCEL NUMBER 317-021-25. WHEREAS, on February 17, 2004, the City Council approved by Resolution P-04-13 Conditional Use Permit (CUP) 03-10, Variance (VAR) 03-10 and Development Review (DR) 03-11, to allow for the construction of an auto repair building and legalization of an equipment rental facility (U-Haul) on an existing developed commercial site at 13530 Pomerado Road. The request included a Variance to allow the new auto repair facility to observe a O-foot setback where a 25-foot setback is required adjacent to a residential zone. The subject property is located in the Commercial General (CG) zone, and; WHEREAS, the City has received a request to revise conditions of approval of Resolution P-04-13 related to driveways, and; WHEREAS, on June 16, 2009, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, subsequent environmental review or notice is not required as the project is within the scope of the Negative Declaration that was adopted iil conjunction with the approval of Conditional Use Permit 03-10, on February 17, 2004. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for Conditional Use Permit 03-10M, which would allow the previously approved auto repair and equipment rental facility to keep both the northerly and southerly driveways along Pomerado Road in their current locations and widths are the same as the findings made originally for the project, and are as follows: A. The location, size, design, and operating characteristics of the proposed auto repair and equipment rental facility is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the CG zone, the City General Plan, and the development policies and standards of the City in that auto repair facilities and equipment rental facilities are allowed with a Conditional Use Permit, the project will not significantly impact traffic circulation or parking, and the facility has been designed and sited such that it will be compatible with the surrounding development. Resolution No. P-09-18 Page 2 B. The location, size, design, and operation characteristics of the proposed auto repair building and equipment rental facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources in that the facility will be located on a vacant portion of a previously developed lot, and has been designed and sited such that it will provide parking and a screening wall. C. The proposed auto repair building and equipment rental facility IS In harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the design of the proposed facility is consistent and complimentary to surrounding buildings. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the design of the proposed facility will be consistent and complimentary to buildings within the surrounding area. The bay doors will be oriented away from adjacent residential uses. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the proposed use provides onsite parking as required by the loning Code requirements and will take access from Pomerado Road. G. The site is suitable for the type and intensity of use and development that is proposed in that the project is located along Pomerado Road and in the vicinity of existing commercial development. H. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed auto repair building and equipment rental facility is located on a previously disturbed property, and does not involve the removal of significant natural habitat resources. I. There are no relevant negative impacts associated with the proposed auto repair building and equipment rental use that cannot be mitigated. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the auto repair building has been designed and sited such that no visual impacts will result, and the overall site development will be in compliance with design standards of the General Plan. The auto repair bay doors have been oriented away from the adjacent residential uses so that the visual impacts from a commercial business will be reduced. Additionally, with the doors directed to the south, the noise from the use will be reduced. Resolution No. P-09-18 Page 3 K. The proposed auto repair building and equipment rental facility will comply with all the applicable provisions of Chapter 17.48 of the Poway Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts. Section 3: The City Council hereby approves CU P 03-10M to allow the northerly driveway access to remain in connection with the construction of an auto repair building and legalization of an equipment rental facility (U-Haul) on an existing developed commercial site as shown on the plans dated May 18, 2009, subject to the following conditions: A. Approval of this CUP modification shall apply only to the subject project and shall not waive compliance with all 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. 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 uses. D. The conditions of CUP 03-10M, VAR 03-10 and DR 03-11 shall remain in effect for the life of the subject auto repair building and equipment rental facility, and shall run with the land and be binding upon future owners,. successors, heirs, and transferees of the current property owner. E. CUP 03-10M may 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 been raised during the prior year. F. Prior to construction of the revised site improvements the applicant shall process a construction change to the approved project grading plans. The construction change shall be substantially in accordance with the approved site plan. G. Prior to approval of the construction change to the project grading plans, the applicant shall submit complete landscape construction documents to the Planning Division as required by Resolution P-04-13. The plan shall also include the new landscape areas created along Pomerado Road. H. Prior to requesting issuance of a Certificate of Occupancy, the applicant shall submit to the Development Services Department record drawings, signed by the engineer of work, per Section 16.52.130B for the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for Resolution No. P-09-18 Page 4 review and approval prior to issuance of occupancy and release of grading securities. I. The loading zone shall not be used for display or parking of rental equipment. J. Condition of approval Section 5,1.11 of Resolution P-04-13 is hereby deleted. K. Condition of approval Section 5, J.6 of Resolution P-04-13 is hereby deleted Section 4: The conditions of Resolution No. P-04-13 shall remain in effect except as modified in this Resolution. Section 5: The approval of CUP 03-10M, shall expire on June 16, 2011, at 5:00 p.m. unless, prior to that time, a construction change to the Grading Permit has been issued and construction on the property in reliance on this CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of June 2009. , W vA.- - Don H;;;son, ~ayo~ ATTEST: . 7yan, MMC, City C erk Resolution No. P-09-18 Page 5 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-09-18, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of June 2009, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE ~ . d A. Troyan, MM ,City Clerk City of Poway