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Res P-09-24 RESOLUTION NO. P-09-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 09-03 ASSESSOR PARCEL NUMBER 323-262-02 WHEREAS, David Connor, Applicant, and East of Midland Trust, Owner, have submitted a request for approval of a Minor Conditional Use Permit (MCUP) to establish a 3,600-square-foot smog check facility, with one service bay, within Suite A of an existing commercial building at 13965 Poway Road in the Automotive General Commercial (AGC) zone and the Poway Road Specific Plan area; and WHEREAS, on July 21, 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: This project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the CEQA Guidelines, in that the project involves the conversion of a small commercial structure in an urbanized area that is not environmentally sensitive, and where all public services and facilities are available. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for MCUP 09-03 to establish a 3,600-square-foot smog check facility, with one service bay, within Suite A of an existing commercial building at 13965 Poway Road in the Automotive General Commercial (AGC) zone and the Poway Road Specific Plan area, are as follows: A. The location, size, design, and operating. characteristics of the proposed smog check facility are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway Road Specific Plan, the City General Plan, and the development policies and standards of the City in that the proposed installation IS allowed with a Minor Conditional Use Permit. The smog check facility has been sited such that it will be compatible with the surrounding development. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structure, or natural resources in that the facility is zoned for the use and has been designed to comply with City development standards. Resolution No. P-09-24 Page 2 C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that all activities will be conducted inside the building. 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 surrounding property characteristics in that the smog check facility will be conducted within an existing commercial building. Noise impacts will be limited based on the type of activities allowed within the building, the location and orientation of the roll-up doors relative to surrounding development, and the design of adjacent commercial building. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The project will have one service bay and is located within a zone designated for auto-related uses. Therefore, 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. G. There will not be significant harmful effects upon environmental quality and natural resources, in that the site has been previously developed and contains no natural habitat resources. Section 3: The City Council hereby approves MCUP 09-03, establishment of a 3,600-square-foot smog check facility, with one service bay, within Suite A of an existing commercial building at 13965 Poway Road in the Automotive General Commercial (AGC) zone and the poway Road Specific Plan area, as shown on plans dated May 8, 2009, subject to the following conditions: A Approval of this Minor Conditional Use Permit 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. 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) a deed covenant with these conditions of approval shall be recorded on the 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. Resolution No. P-09-24 Page 3 D. The terms and conditions of Minor Conditional Use Permit 09-03 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits, and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies and districts. E. Minor Conditional Use Permit 09-03 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 occurred during the past year. F. Any changes increasing the intensity of use of the operation beyond what is being approved shall be considered as a revision to the Minor Conditional Use Permit and may require City Council to approve the request. G. The applicant shall obtain a Building Permit prior to modifying the exterior or interior, or occupying Suite A of the existing building, whichever comes first. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The building plans shall be consistent the approved plan on file in the Development Services Department (dated May 8, 2009) and the conditions contained herein. (Building). 2. The tenant improvements shall provide disabled access. 3. The building plans shall comply with Section 406.4 of the 2007 California Building Code pertaining to enclosed parking garages. (Planning) 4. The building floor plan shall clearly delineate the location of and access to the one approved service bay. (Safety Services) 5. The applicant will be required to provide mechanical ventilation per the mechanical and building codes to the satisfaction of the Fire Marshal. G. Prior to obtaining final inspections from the City and/or the release of performance and payment securities, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Resolution No. P-09-24 Page 4 2. The developer shall repair, to the satisfaction of the City Engineer, any and all damages to public road improvements on Crosthwaite Circle caused by construction activity from this project. 3. A final inspection from the appropriate City Departments will be required H. Upon establishment of the use, the following shall apply: 1. The use of Suite A shall be limited to one service bay used for smog testing in compliance with the current State of California definition, including not allowing repairs except for minor repairs of components that may have been damaged at the station during inspection, minor repairs necessary for safe operation of the vehicle while at the site, and reconnection of hoses or vacuum lines. 2. Any signs proposed for the use shall be designed and approved in conformance with the PMC Sign Ordinance. 3. The testing of vehicles shall be conducted inside the building. Test driving is prohibited in surrounding neighborhoods. 4. Hours of operations are as follows: Monday through Friday 8:00 a.m. to 5:00 p.m. Saturday 8:00 a.m. to 3:00 p.m. 5. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 6. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the PMC. At no time shall equipment noise from any source exceed the noise standards contained in the PMC. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 7. All lighting fixtures shall be maintained such that they reflect light downward and away from any road or street. 8. The owner or operator of the facility shall routinely and regularly inspect the site to ensure.compliance with the standards set forth in this permit. Resolution No. P-09-24 Page 5 9. The parking areas, driveways and landscape areas shall be well maintained 10. All landscaping shall be adequately irrigated and maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop a strong and healthy trunk and branch system. Tree maintenance and pruning shall be in accordance with the "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. Section 4: The approval of MCUP 09-03 shall expire on July 21 , 2011 , at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the MCUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 21st day of July 2009. <:' O~t-\ ~ - Don Higginson, Mayor I ATTEST: ~- , - Lil'ldclAJoyan, MMC, City Clerk Resolution No. P-09-24 Page 6 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-09-24, was duly adopted by the City Council at a meeting of said City Council held on the 21 st day of July 2009, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NOES NONE ABSENT: NONE DISQUALIFIED: NONE - ~) ~...~ ~/- ./ , [inda;J\. Troyan, MMC, City Clerk City of Poway