Res P-12-07RESOLUTION NO. P -12 -07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING AN ENVIRONMENTAL ASSESSMENT AND
A NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 11 -02
AND AMENDING RESOLUTION NO. P -11 -11
ASSESSOR'S PARCEL NUMBER 317 - 270 -14
WHEREAS, on May 3, 2011, the City Council, following a properly noticed and
conducted public hearing, adopted Resolution No. P -11 -11 ( "Resolution No. P-11-11"),
approving Conditional Use Permit No. 11 -02 (the "CUP ") for an auto body repair facility
within an existing industrial building in the Poway Business Park; and
WHEREAS, when approving the CUP the City Council determined that the project
was exempt from disclosure as a Class 1 Categorical Exemption under the California
Environmental Quality Act ( "CEQA "), pursuant to Section 15301 of the CEQA Guidelines,
which determination was set forth in Section 1 of Resolution No. P- 11 -11; and
WHEREAS, following the approval of Resolution No. P- 11 -11, the City Council
determination that the Class 1 Categorical Exemption applied to the project was
challenged in that certain Superior Court action entitled "John Baratta v. City of Poway,
et al.," (Case No. 37- 2011 - 00092949- CU- TT -CTL) (the "Action "), resulting in a finding of
the Court that the Categorical Exemption approved by the City Council, by Resolution
No. P- 11 -11, was not supported by the evidence in the record, and further resulting in an
order of the Court that (1) the Class 1 Categorical Exemption was invalid under CEQA,
and (2) that the City is required to perform an Initial Study for the project and to thereafter
consider such environmental document as is supported by the Initial Study; and
WHEREAS, as a result of the Action, the City has caused to be prepared, reviewed,
and circulated for public review and comment, all in accordance with CEQA Guidelines, an
initial study, dated June 2012, to assess the impacts on the environment, if any, arising out
the project contemplated by the CUP; and
WHEREAS, the City Council has read and considered the Agenda Report for the
Environmental Initial Study prepared for Conditional Use Permit 11 -02, the Chrome
Collision commercial auto body repair facility located within an existing building at
13175 Gregg Street, in the Light Industrial (LI) land use designation area of the South
Poway Specific Plan (SPSP), including the Initial Study dated June 2012, and has
considered those matters referred to in the Initial Study, those matters previously
considered by the City Council for the CUP, the SPSP, and the City's General Plan, and
such other evidence presented at the public hearing; and
WHEREAS, on July 17, 2012, the City Council voted to continue the public hearing
to August 21, 2012, in order to evaluate comments that had been submitted on the item
from the public; and
Resolution No. P -12 -07
Page 2
WHEREAS, on August 21, 2012, the City Council held a public hearing on the
above - referenced item, to solicit comments from the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The foregoing recitals, and each of them, are true and correct.
Section 2: The City Council hereby amends Resolution No. P -11 -11 by deleting Section
1, and by replacing it with the following:
Section 1: An Environmental Initial Study (EIS) and Negative Declaration (ND)
were completed for the project. The City Council has considered the ND together
with the comments received and considered during the public review process. The
ND reflects the independent judgment and analysis of the City Council, has been
completed in compliance with the California Environmental Quality Act (CEQA), and
is adequate for this proposal. It was determined that there is no substantial
evidence that the project will have a significant effect on the environment.
The City Council hereby approves the Environmental Assessment for CUP 11 -02/
Chrome Collision commercial auto body repair facility within the existing building
located at 13175 Gregg Street, in the LI area of the SPSP, and each and every
finding contained therein, subject to the following:
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.
Section 3: Except as otherwise amended by Section 2 of this Resolution, Resolution
No. P- 11 -11, and specifically the Conditions of Approval for Conditional Use Permit 11 -02
established under City Council Resolution P- 11 -11, shall remain in full force and effect.
Resolution No. P -12 -07
Page 3
Section 4: The parties are hereby informed that the time within which judicial review of
this decision must be sought is governed Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 21 st day of August 2012.
ATTEST:
a A. TAyan, MMC, City Clerk
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- 12 -07, was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of August 2012, and
that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
pera 4. Troyan, MMC, City
ity qYPoway