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Res P-10-03RESOLUTION NO. P -10 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 09 -08 ASSESSOR'S PARCEL NUMBER 323 - 092 -36 WHEREAS, McMillin Commercial Brokerage has submitted a request for approval of a Conditional Use Permit (CUP) to establish a commercial, major auto repair facility within Suites 105 and 106 of the existing multi- tenant building at 14035 Kirkham Way, in the Light Industrial /Outdoor Storage (LI /S) Land Use Designation area of the South Poway Specific Plan, and WHEREAS, on January 5, 2010, 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 1 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA Guidelines, in that the project involves a change in use of an existing facility. Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 09 -08 to establish a commercial, major auto repair facility in the LI /S area of the PC zone, are as follows: A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the South Poway Specific Plan (SPSP), the City General Plan, and the development policies and standards of the City in that the subject use is allowed with a Conditional Use Permit. The facility has been designed and 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, structures, or natural resources, in that the facility is zoned for the use and has been designed to comply with City development standards, and the site has adequate parking to accommodate the use and other uses on the site. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that adequate parking will be provided onsite. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. Resolution No. P -10 -03 Page 2 E. There will not be a harmful effect upon the desirable surrounding property characteristics in that adequate parking will be provided onsite. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that the proposed use provides adequate vehicle circulation onsite. G. There will not be significant harmful effects upon environmental quality and natural resources in that the site has been previously graded and contains no natural habitat resources. Section 3: The City Council hereby approves CUP 09 -08 to establish a commercial, major automobile repair facility within Suites 105 and 106 of the existing building located at 14035 Kirkham Way, in the LI /S area of the PC zone, as shown on plans dated October 22, 2009, subject to the following conditions: A. Approval of this 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. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. C. All Conditions of Approval established by Development Review 03 -06 and Conditional Use Permit 04 -05 continue to be in effect. D. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood, and a deed covenant with these conditions of approval shall be recorded on the property. Resolution No. P -10 -03 Page 3 E. 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. F. The terms and conditions of Conditional Use Permit 09 -08 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. G. Conditional Use Permit 09 -08 shall 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. H. Building permits are required for all new tenant improvements associated with the facility. All requirements deemed necessary by the Building Division and Fire Department as part of the building plan review shall be implemented to the satisfaction of the City. Preliminary Fire Department requirements are as follows: 1. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 2. The fire sprinkler and fire alarm systems shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes', with appropriate signs and curb markings. Fire Department apparatus access shall not be less than 20 feet of unobstructed width, with an adequate roadway /turning radius having a minimum of 13'6" of vertical clearance. 4. Material Safety Data Sheets shall be required for all hazardous and /or toxic substances used in the suites. 5. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health; with copies provided to the Fire Department. 6. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. Signs are subject to a separate Planning Division permitting process, and may additionally require subsequent Building Permits. The applicant shall submit a separate Sign Permit application for signs. Resolution No. P -10 -03 Page 4 J. No outdoor vehicle repair work, or materials /equipment/parts storage, is approved under this CUP. Any proposal for outdoor storage of materials/ equipment/parts is subject to additional review, must be authorized by a CUP amendment, shall be conducted within a fully screened area, and in compliance with all other applicable City standards. The temporary storage of vehicles that are waiting to be repaired or picked up may occur in designated parking spaces onsite. At no time shall more than 13 parking spaces be used for temporary vehicle storage, which is the amount of surplus parking spaces available based on the current mix of uses on the site. Vehicle storage shall be conducted in parking spaces in the rear of the site, along the south side of the buildings to screen storage vehicles from public view. An amendment to this CUP involving the elimination of outdoor vehicle storage may be approved by the Director of Development Services. K. Should the auto repair work be expanded to include engine repair, the applicant shall comply with all applicable Building and Fire Code requirements. L. The site shall be kept in an orderly and well maintained condition at all times. Section 4 : The approval of CUP 09 -08 shall expire on January 5, 2012, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and /or establishment of the use 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 5th day of January 2010. Don Higginson, Mayor Lind . Tr yan, MMC, City Clerk Resolution No. P -10 -03 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 -10 -03 was duly adopted by the City Council at a meeting of said City Council held on the 5th day of January 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE in A. T MMC, City Clerk City of Poway