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