Res P-13-14RESOLUTION NO. P -13 -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 13 -001
ASSESSOR'S PARCEL NUMBER 317 - 021 -08
WHEREAS, Conditional Use Permit 13 -001 was submitted by Gary and Rebecca
Blevins, Applicants /Ellison Family Trust "A" 06- 24 -82, Owner: A request to establish a
driving school in an existing commercial building located at 13400 Pomerado Road,
within the Commercial General (CG) zone; and
WHEREAS, on May 21, 2013, 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: The City Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
CEQA Guidelines in that it can be said with certainty that there is no possibility that the
project will result in an impact on the environment.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 13 -001 to establish a driving school in an existing
commercial building located at 13400 Pomerado Road are made as follows:
A. The location, size, design and operating characteristics of the driving school are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a private school or training facility is allowed on
a property designated for commercial general use with the approval of a
Conditional Use Permit.
B. The location, size, design, and operating characteristics of the driving school will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the use
has operated in a similar commercial center setting for several years and
functioned compatibly with adjacent businesses.
C. The driving school is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses in that the use will be operating within an
existing commercial building located within a completely developed commercial
center.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the driving school.
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E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the use has operated in a similar commercial setting for several years and
functioned compatibly with adjacent businesses.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation (Master
Transportation) Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the driving school will be operating within an existing
commercial building on a completely developed site.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is completely developed and no natural
resources exist on the property.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the proposed location, size, design, and operating characteristics of the
driving school, and the conditions under which it would be operated or
maintained, will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan; and
K. That the driving school will comply with each of the applicable provisions of this
title, except for approved variances.
Section 3: The City Council hereby approves CUP 13 -001, as shown on the
approved plans on file with the City, subject to the following conditions:
A. 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.
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B. Approval of this CUP request 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.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (1) the applicant shall submit in writing that all conditions of approval
have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property. In order for the City to prepare the
Covenant, the applicant must first submit a legal description of the subject site.
D. 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.
E. The conditions of CUP 13 -001 shall remain in effect for the life of the subject
use and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
F. CUP 13 -001 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. The applicant shall obtain a Building Permit for the proposed tenant
improvements. Prior to issuance of a Building Permit, the applicant shall comply
with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. Disabled access shall be provided throughout the subject tenant space
and on the site in accordance with Title 24 regulations to the satisfaction
of the Direction of Development Services.
4. Any signs proposed for the driving school shall be designed in accordance
with the Sign Ordinance. The necessary Sign Permit(s) and Building
Permit(s) approvals for signage shall be obtained prior to installation.
5. A permanently anchored bicycle rack shall be provided for five percent of
automobile spaces required (the rack shall provide parking for a minimum
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of two bicycles). The bicycle storage rack or device shall be stationary
and designed to secure the frame and wheel of a bicycle. The bicycle
storage facility shall be sited so that the facility or any stored bicycles
will not block required disabled access.
6. The following requirements shall be completed to the satisfaction of the
Director of Safety Services:
a. Occupant load of the business shall not exceed 50 persons.
b. The building shall display the numeric address in a manner visible
from the access street. Minimum size of the building numbers shall
be six inches on the front fagade of the building.
C. The building shall be accessible to Fire Department apparatus by
way of access roadway with all- weather driving surface of not less
than 20 -feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus
having a minimum of 13'6" of vertical clearance.
d. Permanent access roadways for fire apparatus shall be designated
as "Fire Lanes" and access maintained.
e. A 2A10BC fire extinguisher(s) is required for office areas every
3,000 square feet and 75 feet of travel distance.
H. Upon establishment of the proposed use, pursuant to CUP 13 -001, the following
shall apply:
1. Only one driving school class session shall be conducted on the site at
any given time. The maximum number of students per class session shall
not exceed 15.
2. The maximum number of driver training vehicles kept at the site shall not
exceed four (4).
3. The applicant shall implement and maintain an effective student drop -off
and pick -up program to the satisfaction of the Director of Development
Services.
Section 4: The approval of CUP 13 -001 shall expire on May 21, 2015, 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 CUP approval has commenced.
Section 5: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Resolution No. P -13 -14
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PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21St day of May 2013.
Don Higginson, Mayor
ATTEST:
S eila . Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P -13 -14 was duly adopted by the
City Council at a meeting of said City Council held on the 21st day of May 2013, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
i
Sheila Cobian, CMC, City Clerk
City of Poway