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Res P-13-25RESOLUTION NO. P -13 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING AN EXTENSION TO THE LOWE'S PROJECT DEVELOPMENT REVIEW 13 -007, MINOR CONDITIONAL USE PERMIT 13 -002, AND VARIANCE 13 -003 ASSESSOR'S PARCEL NUMBERS: 317 - 130 -56, 57 and 61 WHEREAS, a request for the extension of the Lowe's project approval, being processed under Development Review (DR) 13 -007, Minor Conditional Use Permit (MCUP) 13 -002, and Variance (VAR) 13 -003, has been submitted by Lowe's Home Improvement Warehouse, Inc., Applicant; and WHEREAS, the project was originally approved on September 6, 2011, by the City Council at a duly advertised public hearing with a two year approval term; and WHEREAS, the project is a proposal to redevelop the sites located at 13742, 13750 and 13760 Poway Road with new commercial retail uses in the Automotive/ General Commercial (A/GC) zone. It includes: (1) construction of an approximate 121,000- square -foot building with an attached 31,500- square -foot garden center for Lowe's, a 4,500- square -foot building for a drive - through retail business, parking spaces, landscaping, and other miscellaneous site improvements; (2) an MCUP to allow outdoor product display areas, and (3) a Variance to enable use of an alternative methodology for determining the area for the Lowe's wall signs and retaining and /or screening walls up to 13 feet in height, which exceed the 6 -foot height limit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: A Mitigated Negative Declaration (MND) was approved in conjunction with the project on September 6, 2011. There are no changes to the project design. This matter involves the extension of a previous approval. The extension of the project approval is within the scope of the approved MND. No additional environmental review is necessary. Section 2: All provisions and conditions of approval of Resolution P -11 -23 remain in full force and effect, except that the project approval term is extended; and Section 1 The City Council hereby approves DR 13 -007, MCUP 13 -002 and VAR 13 -003 for the extension of the Lowe's project approval for two years. The approval shall expire on September 3, 2015, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and construction has commenced on the property in reliance on the DR approval. Resolution No. P -13 -25 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 3`d day of September 2013. ATTEST: Sheil . 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 -25 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of September 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 6P Sheil R. Cobian, CMC, City Clerk City of Poway