Res P-99-66RESOLUTION NO. P- 99-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99-06
ASSESSOR'S PARCEL NUMBER 317-130-47
WHEREAS, Minor Conditional Use Permit 99-06, submitted by Jeff and Steve
Schultz, Applicants, requests approval to establish a motorcycle and motor sport vehicle
service and repair business in the building located at 13630 Poway Road within the
Automotive General C zone; and
WHEREAS, on August 31, 1999, the City Council held a hearing on the above
referenced item; and
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I; that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that this project is Categorically Exempt, Class 1 from the
California E Quality Act in that the use will occupy an existing service
and repair facility.
o
That the location, size, design, and operating characteristics of the use are
in accordance with the general plan and the Zoning Ordinance in that a
vehicle repair use can be established within the A General
C zone with the approval of ~litional use permit.
That the l design and operating ch :the auto repair
business will be compatible and will not have an adverse affect or be
materially detrimental to adjacent uses, buildings, because the
use will be located within an existing building and where an 8
foot high masonry wall already exists to buffer the site from the adjacent
multi-family residential development.
That the I :1 operating ch : the auto repair use will not
be detrimental to the public health, safety, or welfare, ly injurious
to properties or imf ' the area in that the use will operate within
an existing building which is served by adequate public facilities.
_ Resolution No. P- 99-66
Page 2
That there will not be significant harmful effects up Iai quality
and natural ' that the use will operate within an existing building
on a fully developed site and because special conditions of approval require
that all collected vehicle fluids be properly stored and disposed in
accordance with the County E Iai Health Department hazardous
materials requirements, and that either an acceptably designed oil water
clarifier or spill I area be installed in the service bay areas to
manage any possible leaks or spills.
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That the g :traffic will not adversely impact the surrounding streets
and/or the City's Circulation Element, in that the use will operate on an
existing developed property wh .~ street imf
and off-street parking are in place.
o
That th :h l negative impacts of the use that cannot be
mitigated, in that the vehicle repair use is subject to an annual review to
y negative impacts.
Sectior Decision:
The City Council hereby approves Minor Conditional Use Permit 99-06 subject to
the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner shall Covenant Regarding Real Property.
=
Th :litionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and uses.
The Planning Division shall conduct an annual review of Minor Conditional
Use Permit 99-06 for compliance with the conditions of approval. If the
department has received complaints, or the use is not in compliance, the
review will be forwarded to the Council, who may add conditions to the
permit or amend existing conditions of approval.
Resolution No. p-99-66
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Division and the condil' , :1 herein.
The appropriate Building Division approvals and fees shall be received prior to
initiation of :1 occupancy of the building.
3.
Revised site plans and building elevat' ~orating all conditions of approval
shall be submitted to the Planning Division prior t ~ building permits.
Approval of this request shall not 31lance with all = the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
=
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ord fect at the time of building
permit issuance.
This approval shall I; I and void if the veh :1 repair business
has not begun operation within two years from the date of the approval of Minor
Conditional Use Permit 99-06.
The hours of operation for th
p.m. Monday through Saturday.
repair use shall be limited to 9 a.m. to 6
A minimum six (6) foot high solid masonry wall shall be ' :1 around the
proposed outdoor storage area to completely screen all vehicles, merchandise,
equipment, etc. from view.
=
All roof appud :~ing air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Division.
10.
Handling and disposal of vehicle related :1 chemicals shall comply with
required federal, state and county health and safety standards.
11.
All air compressor units used for the business shall be enclosed within sound
absorbing cab' lhin a completely enclosed room while in operation.
12.
Resolution No. P- 99-66
Page 4
T ' ' 3acts to surrounding development, vehicle engines shall not
be rewed or operated in a manner that will generate loud disturbing noise on the
outside of the building.
13.
Either an oil 3ill ~ area shall be installed in the repair
bay area to insure that potential hazardous materials spills or leaks can be
effectively contained.
14.
The outdoor display of up to a of four (4) motorcy sport
vehicles is permitted within the paved area along the Midland Road building
frontage clear of the required 20 foot setback. The design and location of the
display area shall be reviewed and approved by the Director of Development
Services prior to the outdoor display of any vehicles ( = display permitted
per Poway Municipal Code Section 17.26.030.E - Temporary Uses). Said display
area shall be enhanced through the use of a landscaped planter and/or other
acceptable enhancing design feature. Vehicle display is prohibited on the center
sidewalk or in any ped kway areas.
15.
Any proposed changes ( design) to the exterior of the building shall
be coordinated with th litect of the property, so that it' l with
the design of the entire center and is in accordance with the Poway
Road Specific Plan. Exterior building modifications shall be subject to the approval
of the Director of Development Services.
SIGNS
Any signs proposed for this development shall be designed and approved in
Ih the City of Poway Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
16.
Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
17.
The building shall display a :ldress in a 31e from the access
street. M' ' =the building numbers shall be six inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriff's Department -
ASTREA criteria.
18.
19.
20.
21.
Resolution No. P-99-66
Page 5
The building will be required to install an approved fire sprinkler system meeting
P.M.C. req The entire system is to I; :1 by a central monitoring
company. System post ind ih tamper switches, :1, are
to be located by the City Fire Marshall prior to installation.
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of and. maintained at all
times until is completed.
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of and maintained at all
times until construction is completed.
Minimum 2A: 10Bc fire extinguisher required for every 3,000 square feet and 75 feet
travel distance.
22.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub :1 in each building.
23. Provide keys as required for the K
:y key box.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of August 1999.
ATTEST:
Michael P. Cafagr~
~n1~n'e ~-'~ -~ .~
Peoples, City Clerl~
-- Resolution No. p_99-66
Page 6
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-99-66 , was duly adopted by
the City Council at a meeting of said City Council held on the 31st day of August, 1999,
and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Peoples, City Clerk
City of Poway