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.
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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
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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