Res P-03-29 RESOLUTION NO. P-03-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-04
ASSESSOR'S PARCEL NUMBER 317-021-49
WHEREAS, Conditional Use Permit (CUP) 03-04 was submitted by Alba Action
Sports, Applicant, to establish a motorcycle, off-road vehicle, and watercraft sales business
(with ancillary service) at the developed site/building located at 12160 Community Road in
the Light Industrial zone, and;
WHEREAS, on June 10, 2003, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The project is exempt from the requirements of the California E
Quality Act (CEQA), as a Class 1 exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves a change in use in an existing building which
or a negligible, expansion of use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 03-04 to establish a motorcycle, off-read vehicle, and watercraft sales
business (with ancillary service) on property located at 12160 Community Road in the Light
Industrial zone, are made as follows:
The proposed location and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code
(Conditional Use Permit Regulations), the City General Plan, and the development
policies and standards of the City in that the product will be stored entirely within the
building and all :y will be conducted entirely within the building and will
not result in visual impacts to the surrounding community.
The location and operating characteristics of the proposed use will be compatible
with and will not adversely affect or be materially detrimental to adjacent uses,
building or natural that the use will be conducted entirely
within the building and will not result in visual impacts to the surrounding community.
The proposed use is in harmony with the scale, bulk, coverage, and density of, and
t with, adjacent uses in that the proposed use is to be located within an
existing building and no building expansion is planned.
There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use.
Resolution No. p-03-29
Page 2
There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed use will be conducted entirely within the building
and will not result in a visual impact to the surrounding t.
The generation of traffic will not advemely impact the capacity and physical
character of the surrounding streets and/or the Cimulation Element of the General
Plan in that the proposed use will not generate an amount of traffic significantly
more than the traffic generated by p : the existing building.
The site is suitable for the type and intensity of use or development which is
proposed.
There will not be significant harmful effects Ul: quality and natural
· that the proposed use is located on a developed property and does not
involve the removal of natural habitat
I. Th I negative imp
:ed with the proposed use.
Section 3: The City Council hereby approves CUP 03-04 to establish a motomycle, off-
read vehicle, and watercraft sales business (with ancillary service) at 12160 Community
Road, subject to the following conditions:
Approval of this CUP request shall apply only to the subject project and shall not
~liance with all :the Zoning Ordinance and ail other applicable
City ord fect at the time of Building Permit issuance.
Within 30 days of the date of this approval: (1)the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant Regarding Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
The conditions of CUP 03-04 shall ' ' fect for the life of the subject use and
shall run with the land and be binding upon ful heirs, and
! ~ = the current property owner.
CUP 03-04 may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
add that may have been raised during the prior year.
Resolution No. P-03-29
Page 3
F=
The applicant shall comply with all Building Division req :1 shall obtain
any necessary Building Division permits prior to establishment of the use in the
building.
The applicant shall comply with all requirements of the City Fire Marshall prior to
establishment of the use in the building, including the following:
1. Provide material safety data sheets for all hazard
stored on-site.
to be used and
2. Repair facility shall meet the minimum req
classification.
of an H4 occupancy
3. Identify all approved flammable liquid storage methods (e.g., storage room,
cabinets, etc.).
4. A pre-walk-through site inspection or preliminary plan check review with
owners/applicant is required to identify p -I operations to be utilized.
Signage shall be approved under separate sign permit and shall comply with City
sign regulations. Prior to the installation of any signage a sign permit application,
and fees, shall be submitted t' A building permit may also be required.
I. Upon establishment of the use, the following shall apply:
No outdoor storage, including storage/display of product, is permitted to occur
at the site.
2. All { shall be ancillary to the I~ -t shall y within
the building.
Section 4: The approval of CUP 03-04 shall expire on June 10, 2005, at 5:00 p.m.
unless, prior to that time, the use pursuant the CUP approval has been established prior to
its expiration.
Resolution No. P-03-29
Page 4
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this lOth day of June 2003.
ATTEST:
L~ri ~nie pl~eoples, C ~C~rk'~
M~~Mayor
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-29 , was duly adopted by the
City Council at a meeting of said City Council held on the 10th day of June 2003, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ A{~A~ne P~eoples,~Ci C~lerk
City of Poway