Item 3.1 - Approval of Environmental Assessment & MCUP 14-001/DR 14-001G`t•{ OF POIPi91
City of Poway
COUNCIL AGENDA REPORT
IN THE C0
APPROVED ❑
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUED
Resolution No.
DATE: October 21, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager ..
INITIATED BY: Robert J. Manis, Director o qglopment Services
Rich Whipple, City Planner
SUBJECT: Environmental Assessment and Minor Conditional Use Permit
(MCUP) 14- 001 /Development Review (DR) 14 -001; Mark
Abelkop /MLGP &L, LLC, Applicant: A request to construct an
automobile inventory storage lot on a vacant two- parcel site
located at 13956 Poway Road and 13917 Courier Way, within
the Automotive /General Commercial zone.
APNs: 323 - 203 -18 and 323 - 203 -19
Summary:
On August 6, 2013, the City Council approved General Plan Amendment/Zone Change
(GPA/ZC) 13 -001 to rezone a two- parcel, 1.17 -acre, site from Residential Single- Family
(RS -7) to Automotive /General Commercial (A/GC). This application proposes the use of
the site as an automobile inventory storage lot to be used by the adjoining
Hyundai /Mitsubishi automobile dealership.
Recommended Action:
It is recommended that the City Council adopt the Mitigated Negative Declaration (MND)
(Attachments A and B) and approve MCUP 14 -001 and DR 14 -001 subject to the
conditions in the Resolution of approval (Attachment C).
Background:
In 2004, the former Poway Redevelopment Agency purchased the two properties
with the intention of developing them as affordable housing. Subsequently, due to
the economic recession and reassessment of the property for residential development,
the City determined that it was not economically feasible to develop the site as affordable
housing. The Applicant, who owns the adjoining Hyundai /Mitsubishi dealership,
approached the City in 2011 expressing interest in purchasing the two- parcel site and the
adjacent narrow parcel that was used for access (Attachment D). At a Public Hearing in
May 2012, the City Council approved the sale of the subject parcels to the Applicant and
the sale finalized in January 2013. On August 6, 2013, the City Council approved GPA/ZC
13 -001 to rezone the two northerly parcels (1.17- acres), from RS -7 to A/GC to allow for an
expansion of the auto dealership use (Attachment E). The third parcel (0.19 acres) was
already zoned A/GC.
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Findings:
The project site consists of two vacant parcels totaling 1.17 acres. The property is located
immediately behind the existing Hyundai /Mitsubishi automobile dealership and is proposed
to be used as an automobile inventory storage lot for the dealership.
Project Description
The project site is to be developed into a vehicle storage lot with 223 parking spaces. The
two northerly parcels will be used primarily to store new car inventory (up to 204 cars) for
the Hyundai /Mitsubishi dealership. The adjacent lot, which is already paved, will be used
to park 19 vehicles waiting for service. This adjacent lot is part of the MCUP for the
existing automobile dealership and will be modified to accommodate parking spaces and
landscape improvements. There are two entry points to the site. The main access is from
Evanston Drive to the west of the site, via an existing 28- foot -wide driveway. The other
entrance is via an 18- foot -wide driveway, located on the east side of the property, between
the Hyundai /Mitsubishi dealership and the proposed storage lot. Lockable gates are
proposed at both entrances into the storage lot. Site improvements include grading
and asphalt paving, installation of ten 18- foot -tall security light poles, installation of an
eight- foot -high perimeter wall along the three sides that separate the commercial and
residential land uses, and landscaping. As part of the project, the two northerly parcels
will be merged into one.
Site Design
As shown in Attachment F, the project site will serve as a large storage lot. No buildings
or other structures are proposed. New car inventory and service bay parking will be
located along the perimeter walls and within the central portion of the site. A 25- foot -wide
access road /fire lane will provide circulation into and within the facility.
Lighting
The applicant is proposing the installation of ten 18- foot -tall light standards that will be
placed in the central portion of the storage lot. The Poway Municipal Code (PMC) permits
the use of conventional lighting sources until 11:00 p.m. after which outdoor lighting must
be either turned off or switched to low- pressure sodium (LIPS) lighting. The applicant is
proposing the use of LED (Light Emitting Diode) lights that will remain on until 10:00 p.m.
each night. As light glare from the project was a significant concern discussed at the
project's neighborhood meeting and in the environmental initial study, the applicant has
agreed to turn off the storage lot lights after 10:00 p.m. each night. Turning off the lights
earlier than required by the PMC and not applying any additional light during the evening
hours serves as mitigation measures for potential light impacts.
A lighting study was prepared by LSI Industries in March 2014, to demonstrate compliance
with the City's lighting requirements pursuant to PMC 17.10.150(H). The study reflected
a zero foot - candle reading at each residential /commercial zone boundary. The applicant
has also agreed to install cut -off glare control shields on all of the 18- foot -tall light standard
poles to address specific neighborhood concerns. To further minimize light glare (and
noise); a free - standing masonry block wall will be constructed along the residential/
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commercial zone boundary. Trees will also be planted every 25 feet, along the storage lot
side of the wall, to further minimize any light intrusion into the residential lots.
In addition to the lighting, adjoining property owners expressed privacy concerns regarding
the use of security cameras. At the neighborhood meeting, the applicant was not sure if
security cameras would be installed. If installed, language has been added to the
conditions of approval that screening or shielding of the security cameras will be required
to prevent any intrusion into the adjoining residential parcels.
Walls
To minimize the edge effect between commercial and residential land uses,
PMC 17.10.150 states that where a commercial use abuts property in any residential
zone, a masonry wall eight feet in height from the highest finished grade at the property
line shall be erected and maintained between such use and the residential zone. As
shown in Attachment F (Site Plan) and Attachment G (Site Elevation), the applicant is
proposing the construction of an eight- foot -high masonry wall along the north, east and
west sides of the project site. The wall will be constructed of tan, split -faced masonry
slump stone.
The pad elevations of most of the existing residences that border the storage lot range
from two to four feet higher than the elevation of the proposed storage lot. To maintain
compliance with the eight- foot -high wall height requirement, sections of the wall, as viewed
from the storage lot, may have to be up to 12 feet in height. To further increase the buffer
effect between the two land uses and minimize the visual height of the wall from the
storage lot, the project includes an 8.5- foot -wide, raised landscape planter along the
storage lot side of the wall. Because of the planter, the closest point a vehicle could park
adjacent to backyards of the adjoining residences is 8.5 feet. As noted, trees and shrubs
will be planted on the storage lot side of the wall within the landscape planter.
At the project's neighborhood meeting held on August 13, 2014, there was a discussion
regarding the location of the new wall with respect to the existing retaining walls and
fences, and potential gaps that may be created between the walls. The eight- foot -high
free standing wall will be constructed along the project's property line. Depending on the
location of the existing private retaining walls, a three to six -inch gap could be created
between the walls. In response to neighbor concerns regarding potential trash and pest
issues within the gap, the applicant has agreed to fill with dirt any gap that may arise with
the construction of the new perimeter wall. Should they elect to do so; the individual
property owners will be responsible for the removal of their existing wood fence and /or
retaining wall.
Hours of operation
The hours of operation and operational criteria for the Hyundai /Mitsubishi dealership were
established with the approval of MCUP 05 -04 /DR 05 -09, and are contained in
City Resolution P -06 -17 (Attachment H). The hours of operation specified in MCUP 05 -04
will remain in effect for the Hyundai /Mitsubishi dealership and will also apply to the
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operation of the proposed storage lot. The operational criteria from Resolution P -06 -17
are summarized below and are included in the draft Resolution for the proposed storage
lot project.
■ All delivery and unloading or loading of new or used vehicles made by automobile
carriers or any other transport shall be made onsite (dealership premises). All
automobile transport carrier vehicles shall enter the site from Evanston Drive. No
delivery and unloading or loading of new or used vehicles made by automobile
carriers or any other transport shall be made on any public street pursuant to
Chapter 12.26 PMC.
■ Onsite loading and unloading of an automobile, car or pick -up truck, from a truck
with the capacity to transport more than one such vehicle, is not permitted unless
delivery complies with all of the following:
1. No deliveries will occur on public streets or on the access road into the
subject site.
2. No delivery truck will enter residential areas.
3. Delivery hours for vehicles are restricted to between 7:30 am and 6:00 pm.
Monday through Saturday. No deliveries are permitted on Sundays.
4. Delivery of parts and supplies is not permitted on public streets. Onsite
delivery hours for parts and supplies are restricted to Monday through Friday,
7:00 am to 7:00 pm and Saturday from 7: 00 am to 6:00 pm.
Parking
The parking standards in the PMC require a total of 77 parking spaces for the
Hyundai /Mitsubishi dealership. This includes 37 parking spaces for employee and
customer parking and 40 spaces to accommodate the parking needs for the automotive
repair bays. These spaces are accommodated on the existing dealership site along with
inventory spaces and are part of MCUP 05 -04. The proposed storage lot will add 223
spaces for automobile inventory and vehicle service parking. A condition
of approval includes a requirement for signage to identify customer and employee parking.
Neighborhood Meeting
A neighborhood meeting was held on August 13, 2014, to discuss the proposed project.
Neighborhood meeting notices were mailed to 59 property owners within 500 feet of the
auto dealership. Eight (8) people attended the meeting. Discussion included concerns
about lighting, height of the proposed perimeter wall, elevation changes between neighbor
properties and the vacant site, neighborhood privacy, hours of operation, use of
surveillance cameras, and vehicle access to the rear lot. Details of issues raised at the
neighborhood meeting are discussed below, with the summary of the correspondence
received.
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Correspondence
On August 7, 2014, Mr. Steve Saville, emailed the City indicating he could not attend the
neighborhood meeting on August 13, 2014, but had several questions he would like
answered. Mr. Seville's email and the City's August 8, 2014, response is included in this
report as Attachment I.
On August 18, 2014, Mr. Ron Selensky, an adjoining property owner who attended the
neighborhood meeting for the project, sent a letter to the City highlighting his concerns
about the subject proposal (Attachment J). As the concerns noted in Mr. Selensky's letter
are very similar to those discussed at the neighborhood meeting, the City's responses to
the letter address issues also raised at the neighborhood meeting.
Concern #1: There are several concems with the 8 -foot wall.
There is a city requirement for the Dealership to build an 8' wall separating the
neighbors from the project. The wall, including the footing, must stay on the
Dealership property. And the wall cannot exceed 8' measured from the Dealership
grade. There are existing fences on the property lines between each home and the
proposed lot.
a. Most of the homeowner's lots are between 2 and 4' higher than the expansion
lot. The 8' required wall does almost nothing to minimize the impact of the
business on the neighbors.
b. The proximity of 8' wall to the existing fences will hamper /prevent access to
the existing fences for repair and upkeep.
c. The required wall will have little effect on noise and separation of the
business activities from the neighborhood.
d. The wall will have no impact on reducing light pollution to the homes in the
area given the ten 18 -foot high light poles the City requires to illuminate the
lot.
e. Any gap between the existing fences and the 8' wall will leave a space that
will fill with organic matter, volunteer plants and trash that will have the
potential for fires, challenges with rodent control and difficulties with
maintenance.
f. Wall materials and finish have not been specified and need to be aligned
between the Hyundai Dealership and the homeowners. A chartreuse slump
block wall won't cut it. Further, proximity of the 8' wall to existing fences will
prevent the wall from being adequately finished below the height of the
existing fences. This creates potential problems for the homeowners trying to
maintain visual appearance for their properties.
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g. The fences in the neighborhood are shared. Repair is supposed to be shared.
Since the City owned the property and now with the current dealership, the
fences are largely in need of repair except for those the City replaced as the
old structures were destroyed.
h. Path Forward: The required 8' fence proposal needs adjustment in light of the
challenges fencing faces as articulated in this plan.
Response #1
a. Per the PMC, the applicant will construct a free standing masonry block wall
that measures eight feet in height from the highest finished grade at the
property line. With the average two to four foot high building pad separation
between the storage lot site and the adjoining homes, the wall height as
viewed from the storage lot, will vary and could reach 12 feet in height, but in
all cases, will be eight feet high as viewed from the residential lot.
b. The new masonry wall will be constructed on the project's property line. As
such, residents can remove their own existing wood /chain link fences, thereby
avoiding future access to and maintenance costs of their existing fences. The
applicant's wall can serve as a new shared wall between the two land uses.
c. The eight foot high wall, as viewed from the residential sites, will act as a
sound barrier and the 8.5 foot interior landscape planter will further act as a
sound buffer between the automotive uses and the residences. The service
vehicle parking along the north project boundary has been relocated and only
new /used vehicles will be parked there.
d. As noted above, the wall will be constructed to measure eight feet from the
residential side and will thereby minimize light glare from the site. The trees
proposed for the site will eventually grow to further reduce any light intrusion.
The applicant has proposed lighting towards the center of the storage lot and
is not proposing any light poles near the perimeter wall. As a requirement of
the project approval, the applicant will turn off all storage lot lights at 10:00
p.m. each night to minimize any light impacts. As a requirement of project
approval, all light fixtures will include cut -off glare control shields to minimize
light exposure to residential uses.
e. See response b. above.
f. The wall will be constructed along the project's property line and will be
constructed of tan, split -faced masonry slump stone. See response b. above.
g. See response b. above.
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h. The proposed wall will be eight feet in height as measured from the highest
finished grade at the property line, thereby minimizing potential noise and
light impacts. The wall will be constructed along the property line allowing the
property owners to remove their wood fences, thus avoiding any issues
associated with access to or maintenance of their old fences or retaining
walls.
Concern #2:
The security protocol for this plan has the lot fenced off from the Dealership by a
standard chain link gate on the east side of the Dealership that pivots back to the
building. This gate will be used during service hours to access the storage lot to
park customer's cars. On the west side of the building, a fire department
compliant gate will be put in place.
a. There is only one fire hydrant and it is outside the lot. This is a concern
because the cars on this lot will be parked at greater density than a normal
parking lot. If a fire starts there is a potential for a rapid spread due to the
greater density.
b. Please consider whether there should be another hydrant that can be
accessed closer to the lot that could also be brought to bear for any fires in
the neighborhood.
c. Currently, there are no plans for video surveillance. Video surveillance
would create a major security problem for all home owners. The 8' wall is
not tall enough to prevent video from viewing people's backyards. As a
reminder, all houses in the neighborhood have a majority of their bedrooms
facing this lot.
Response #2:
a. The City's Fire Marshall has reviewed the plans for the proposed storage lot
project and has determined that the existing number and location of fire
hydrants meet the Fire Code to serve this project.
b. See Response a. above.
c. Although there are no immediate plans for security cameras, their future use
cannot be ruled out. Staff has included language in the conditions of approval
stating security cameras shall be located, adjusted, and /or shielded so as not
to intrude on the privacy of the adjoining single family homes.
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Concern #3:
As I understand it, the City is requiring ten lighting fixtures on 18' poles. Normal
lighting protocol will be in effect from dusk to 11 pm when low vapor sodium
illumination will be in place. 1 assume the fixtures will therefore only employ low
pressure sodium lamps. Concerns:
a. The height of the poles in relationship to the wall height means significant
extraneous light reaching every yard in the neighborhood. There is no privacy
from the lot and no escaping the lousy light.
b. As mentioned above, every home has most bedrooms facing the lot. The
proposed lighting is a huge detractor for our quality of life. Downward
deflectors will only marginally improve this situation.
c. We are three houses away from the main dealership lot today. Even at 11 pm,
we experience significant light pollution.
d. Path Forward: Lighting strategy needs to be re- thought to dramatically
reduce impact to the neighborhood. Yellow lighting from the sodium lamps,
the intensity of the lamps, the hours of operation, the proximity to the homes,
the height of the poles, the position of the poles on the lot, the number that
are required to be in operation at any given time, the height of the wall, the
type and angles used on the reflectors on the lamps, and the landscaping all
need to be factors in a better lighting strategy for this plan.
Response #3:
a. The PMC does not specifically require lighting on commercial storage or
parking lots. The applicant has proposed lighting for safety reasons. To
minimize potential light impacts on the adjoining residences, the light
standards have been located towards the center of the storage lot and not
along the perimeter wall. During the early evening hours, the applicant is
proposing the use of LED lights on the light poles. The light bulbs will be
located within a light standard box to minimize any horizontal light spillage.
A lighting study was prepared by LSI Industries to demonstrate compliance
with the City's lighting requirements pursuant to PMC 17.10.150(H). The
study reflected a zero foot - candle reading at each residential /commercial
zone boundary. Based on lighting concerns received from residents, the
applicant proposes to completely turn off all of the lighting in the storage lot
at 10:00 p.m. each night. To further minimize light glare, a masonry block
wall will be constructed along the residential /commercial zone boundary.
The wall will measure eight feet in height from the residential side. Trees
will also be planted every 25 feet, along the storage lot side of the wall, to
further minimize any light intrusion into the residential lots. As a requirement
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of project approval, all light fixtures will include cut -off glare control shields to
minimize light exposure to residential uses.
b. See Response a. above.
c. The construction of the eight -foot wall, as compared to the existing six -foot
wood fences, should help minimize light glare issues from the dealership and
other commercial uses along Poway Road.
d. See Responses a., b., and c.
Concern #4
Landscaping is to include one tree every 20 to 22'. Increasing the number of trees
that are planted would only improve the visual challenges this plan has.
Response #4
The City's Landscape Architect has reviewed the Landscape Plan according to the
City landscaping requirements and industry standards. Placing
the trees too close together may cause the trees to grow, or overlap, into each
other. This condition often results in the leaves not receiving sufficient sunlight,
which in turn limits their growth. The proposed 25 -foot spacing is the minimum
spacing recommended between larger trees.
Concern #5:
a. As I understand it, night deliveries are not allowed. But 1 have observed
deliveries after hours both late at night and early in the morning. New car off
loading is a noisy process. Most delivery trucks have air brakes. The
offloading process is noisy. Offloading should not be done in the driveway on
the north side of the lot.
b. Vehicles that are at the Dealership for service will be parked along the north
wall. This is in immediate proximity to the homes there. This increases the
noise level for the residents especially if there are service hours early on
Saturday or after 5pm during the weekdays. Consider increasing parking for
vehicles there for service at the back wall of the building. Perhaps the first
row of vehicle parking closest to the building could be changed from new car
parking to parking for customer vehicles.
Response #5:
a. The hours of operation and operational criteria for the Hyundai /Mitsubishi
dealership were established with the approval of MCUP 05 -04 /DR 05 -09 and
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are contained in City Resolution P- 06 -17. The hours of operation specified
in MCUP 05 -04 will pertain equally to the Hyundai /Mitsubishi dealership and
the operation of the proposed storage lot. The operational criteria state that:
■ All deliveries made by automobile carriers or any other transport shall
be made onsite.
■ No deliveries will occur on public streets or on the access road into the
subject site.
Delivery hours for vehicles are restricted to between 7:30 am and
6:00 pm. Monday through Saturday. No deliveries are permitted on
Sundays.
b. The City agrees with the comment on the location of the service vehicles.
The applicant has revised the project's site plan to reflect that new vehicles,
not service vehicles, be parked adjacent to residential areas.
Fiscal Impact:
None.
Environmental Review:
As required under the California Environmental Quality Act (CEQA), an Environmental
Initial Study (EIS) was completed for MCUP 14- 001 /DR 14 -001. It was determined that the
project may have a significant effect on the environment in the area of Aesthetics (lighting).
Mitigation measures, however, have been incorporated into the project to reduce the
impacts to a level less than significant. In the areas of Biological Resources, Geology
and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise, Public
Services, Transportation/Traffic, Utilities and Services Systems, and Mandatory Findings
of Significance the project would have no or a less than significant impact on the
environment. It is recommended that a Mitigated Negative Declaration (MND) be
approved. The MND and EIS are included as Attachment B. Notice of the availability of
the EIS and proposed MND for public review and comment was provided for 20 days
pursuant to the requirements of CEQA. As of the writing of this report, no comments on
the EIS and proposed MND have been received. Any comments that are received will
be provided to City Council prior to the public hearing on this matter.
Public Notification:
Public notices were published in the Poway News Chieftain and sent to 59 property
owners within 500 feet of the site.
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Attachments:
A. Resolution Adopting A Mitigated Negative Declaration for CUP 14- 001 /DR 14 -001
B. Mitigated Negative Declaration and Environmental Initial Study
C. Resolution Approving MCUP 14- 001 /DR 14 -001
D. Parcel Vicinity Map
E. Land Use /Zone Map
F. Site Plan
G. Site Elevation
H. Resolution P -06 -17 (MCUP 05 -04 /DR 05 -09)
I. Saville email — Received August 7, 2014
J. Selensky Letter - Received August 18, 2014
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RESOLUTION NO. P -14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR MINOR CONDITIONAL USE PERMIT (CUP) 14 -001/
DEVELOPMENT REVIEW 14 -001
WHEREAS, the City Council seeks to approve MCUP 14- 001 /DR 14 -001; a
request to construct an automobile inventory storage lot on a vacant two - parcel site
located at 13956 Poway Road and 13917 Courier Way, within the Automotive /General
Commercial (A/GC) zone; and
WHEREAS, on October 21, 2014, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: In accordance with the requirements of the California Environmental Quality
Act (CEQA) an Environmental Initial Study (EIS) and a proposed Mitigated Negative
Declaration (MND) have been prepared for MCUP 14- 001 /DR 14 -001. The City Council
has considered the EIS, MND and associated Mitigation Monitoring Program as shown
as Exhibit A of this Resolution, and public comments received on the EIS and MND.
The subject EIS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there
is no substantial evidence the project will have a significant impact on the environment,
that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate
potentially significant impacts to a less than significant level, and that the MND reflects
the independent judgment and analysis of the City. The City Council hereby approves
the MND and the associated Mitigation Monitoring Program attached to this Resolution
as Exhibit A.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 21 st day of October 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
12 of 84 ATTACHMENT A October 21, 2014 Item # 3.1
Resolution No. P -14-
Page 2
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. 14- was duly adopted by the City Council
at a meeting of said City Council held on the 21st day of October 2014, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
13 of 84 October 21, 2014 Item # 3.1
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR MCUP 14- 001 /DR14 -001
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting
or monitoring program for the changes which it has adopted or made a condition of project
approval in order to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designated to ensure compliance during project implementation."
This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the
Public Resources Code.
Non - compliance with any of these conditions, as identified by City staff or a designated monitor,
will be addressed on a case -by -case basis and may be subject to penalties according to the City of
Poway Municipal Code, including a rehearing of MCUP 14 -001 and possible revocation. When
phasing of development has been established, it may be necessary for this Monitoring Program to
be amended, with City approval.
Topic
Mitigation Measure
Timing
Responsibility
Aesthetics
At 10:00 p.m. every night, the rear
Upon approval of
Development
/Light
storage lot lights shall be turned off. No
MCUP 14 -001
Services
additional lighting is permitted.
I
I Department staff
14 of 84 October 21, 2014 Item # 3.1
DON HIGGINSON, Mayor CITY OF POWAY
DAVE GROSCH, Deputy Mayor
JIM CUNNINGHAM, Councilmember
JOHN MULLIN, Councilmember
STEVE VAUS, Councilmember
CITY OF POWAY
MITIGATED NEGATIVE DECLARATION
1. Name and Address of Applicant: Mark Abelkop/ MLGP &L, LLC
13910 Poway Rd, Poway, CA 92064
2. Project Name and Brief Description of Project: Environmental Assessment and Minor
Conditional Use Permit (MCUP) 14- 001 /Development Review (DR) 14 -001, Applicant: A
request to construct a 223 -space automobile inventory storage lot on a two- parcel 1.17 -acre
vacant site located at 13956 _Poway Road and 13917 Courier Way within the
Automotive /General Commercial (A/GC) zone.
3. In accordance with Resolution 83 -084 of the City of Poway, implementing the California
Environmental Quality Act of 1970, the City of Poway City Council has found that the above
project will not have a significant effect upon the environment and has approved a Mitigated
Negative Declaration. An Environmental Impact Report will not be required.
4. This Mitigated Negative Declaration is comprised of this form along with the Environmental
Initial Study that includes the Initial Study and Checklist and the approved Mitigation
Monitoring Program containing the mitigation measures approved for this project.
5. The decision of the City Council of the City of Poway is final.
Contact Person: Rich Whipple, Associate Planner Phone: (858) 668 -4601
Approved by:
Robert J. Manis
Director of Development Services
Attachments:
Environmental Initial Study
Date: October 21, 2014
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074 -0789
15 of 84 ATWtftMgB October 21, 2014 Item # 3.1
A.
B.
1.
2.
3.
4.
5.
6.
7.
CITY OF POWAY
ENVIRONMENTAL INITIAL STUDY
AND CHECKLIST
This Environmental Initial Study and Checklist, along with information contained in the public
record, comprise the environmental documentation for the proposed project as described
below pursuant to the requirements of the California Environmental Quality Act (CEQA).
Based upon the information contained herein and in the public record, the City of Poway has
prepared a Mitigated Negative Declaration for the proposed project.
PROJECT INFORMATION
Project Title: Environmental Assessment and Minor Conditional Use Permit 14 -001/
Development Review 14 -001
Lead Agency Name and Address: City of Poway, Development Services
13325 Civic Center Drive, Poway, CA 92064
Contact Person and Phone Number: Rich Whipple, City Planner, (858) 668 -4604
Project Location: 13956 Poway Road and 13917 Courier Way, Poway, CA 92064
Project Sponsor's Name and Address: Mark Abelkop, MLGP &L, LLC
13910 Poway Road, Poway, CA 92064
General Plan Designation: Automotive /General Commercial (A/GC)
Description of Project:
This is a request to construct a 223 -space automobile inventory storage lot on a two- parcel
1.17 -acre vacant site located at 13956 Poway Road and 13917 Courier Way within the
Automotive /General Commercial (A/GC) zone. The vacant site is located adjacent to, and
associated with, the existing Hyundai /Mitsubishi automobile dealership located at 13910 Poway
Road. The request also includes other site improvements including landscaping and
reassignment of existing employee, customer and service parking spaces at the dealership.
The new inventory storage lot will be secured by gate access and will be used to store new cars
and service vehicles.
8. Surrounding Land Uses and Setting: The property is bordered on the north, east and west by
single - family homes zoned Residential Single - Family 7 (RS -7) and on the south by the
Hyundai /Mitsubishi automobile dealership. The subject property and dealership are zoned
AG /C.
9. Other agencies whose approval is required (e.g. permits, financing approval, or participation
agreement): None
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MCUP 14 -001 and DR 14 -001
Environmental Factors Potentially Affected: The environmental factors checked below would be
potentially affected by this project, involving at least one impact that is a "Potentially Significant
Impact" as indicated by the checklist on the following pages.
❑
Land Use and Planning
❑ Transportation/Traffic
❑
Public Services
❑
Population and Housing
❑
Biological Resource
❑
Utilities and Service
❑
Geology /Soils
❑
Mineral Resources
Systems
❑
Hydrology / Water Quality
❑
Hazards /Hazardous Materials
®
Aesthetics
❑
Air Quality
❑
Noise
❑
Cultural Resources
❑
Agricultural /Forestry
❑
Greenhouse Gas Emissions
❑
Recreation
Resources
❑
Mandatory Findings of
Significance
Determination (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared. �P_
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case as revisions in the project have been made by
or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an LO
ENVIRONMENTAL IMPACT REPORT is required.
1 find that the proposed MAY have a "potentially significant impact" or "potentially significant ❑
unless mitigated" impact on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
"�NLE IVE DECLARATION purs uant to applicable standards, and (b) have been avoided or
pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
vnea*res that are imposed upon the proposed project, nothing further is required.
Rich Whipple C anner ate
City of Poway
2
EIS and Checklist
MCUP 14 -001 and DR 14 -001
C. EIS and Checklist
ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
1. AESTHETICS.
IMPACT
INCORPORATED
IMPACT
Would the project:
a. Have a substantial adverse
X
effect on a scenic vista?
b. Substantially damage scenic
resources, including, but not
limited to, trees, rock
X
outcroppings and historic
buildings within a state scenic
highway?
c. Substantially degrade the
existing visual character or
X
quality of the site and its
surroundings?
d. Create a new source of
substantial light or glare which
X
would adversely affect day or
ni httime views in the area?
AGRICULTURAL
FORESTRY •
In determining whether impacts to
agricultural resources are
significant environmental effects,
lead agencies may refer to the
California Agricultural Land
Evaluation and Site Assessment
Model (1997) prepared by the
California Department of
Conservation as an optional model
to use in assessing impacts on
agriculture and farmland. In
determining whether impacts to
forest resources, including
timberland, are significant
environmental effects, lead
agencies may refer to information
compiled by the California
Department of Forestry and Fire
Protection regarding the state's
inventory of forest land, including
the Forest and Range Assessment
Project and the Forest Legacy
Assessment project; and forest
carbon measurement methodology
provided in Forest Protocols
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
adopted by the California Air
Resources Board. Would the
project:
a. Convert prime farmland, unique
farmland, or farmland of
statewide importance
(farmland), as shown on the
maps prepared pursuant to the
X
Farmland Mapping and
Monitoring Program of the
California Resources Agency,
to non-agricultural use?
b. Conflict with existing zoning for
agricultural use, or a Williamson
X
Act contract?
c. Conflict with existing zoning for,
or cause rezoning of, forest
land (as defined in Public
Resources Code section
12220(g)), timberland (as
X
defined by Public Resources
Code section 4526), or
timberland zoned Timberland
Production (as defined by
Government Code 51104(g))?
d. Result in the loss of forest land
or conversion of forest land to
X
non - forest land?
e. Involve other changes in the
existing environment, which due
to their location or nature, could
X
result in conversion of farmland
to non - agricultural use or
conversion of forest land to
non - forest use?
P
significance available, the
-criteria established by the
applicable
management
control district may be relied
determinations. Would the
a. Conflict with or obstruct
implementation of the
X
applicable air quality plan?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
b. Violate any air quality standard
or contribute substantially to an
X
existing or projected air quality
violation?
c. Result in a cumulatively
considerable net increase of
any criteria pollutant for which
the project region is non -
attainment under an applicable
X
federal or state ambient air
quality standard (including
releasing emissions, which
exceed quantitative thresholds
for ozone precursors)?
d. Expose sensitive receptors to
substantial pollutant
X
concentrations?
e. Create objectionable odors
affecting a substantial number
X
of people?
BIOLOGICAL RESOURCES.
Would the project:
a. Have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a
candidate, sensitive, or special
status species in local or
X
regional plans, policies, or
regulations, or by the California
Department of Fish and Game
or U.S. Fish and Wildlife
Service?
b. Have a substantial adverse
effect on any riparian habitat or
other sensitive natural
community identified in local or
regional plans, policies,
X
regulations, or by the California
Department of Fish and Game
or U.S. Fish and Wildlife
Service?
c. Have a substantial adverse
effect on federally protected
wetlands as defined by Section
X
404 of the Clean Water Act
(including, but not limited to,
20 of 84 5 October 21, 2014 Item # 3.1
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MCUP 14 -001 and DR 14 -001
ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
marsh, vernal pool, coastal,
etc.) through direct removal,
filing, hydrological interruption,
or other means?
d. Interfere substantially with the
movement of any native
resident or migratory fish or
wildlife species or with
X
established native resident
migratory wildlife corridors,
or impede the use of native
wildlife nursery sites?
e. Conflict with any local policies
or ordinances protecting
biological resources, such as a
X
tree preservation policy or
ordinance?
f. Conflict with the provisions of
an adopted Habitat
Conservation Plan, Natural
Community Conservation Plan,
X
or other approved local,
regional or state habitat
conservation plan?
RESOURCES. V. CULTURAL
Would the Project.
a. Cause a substantial adverse
change in the significance of a
X
historical resource as defined in
Section 15064.5?
b. Cause a substantial adverse
change in the significance of an
X
archaeological resource
pursuant to Section 15064.5?
c. Directly or indirectly destroy a
unique paleontological resource
X
or site or unique geologic
feature?
c. Disturb any human remains,
including those interred
outside of formal
cemeteries?
X
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
• • •
Would the project:
a. Expose people or structures to
potential substantial adverse
effects, including the risk of
loss, injury or death involving:
i) Rupture of a known
earthquake fault, as delineated
on the most recent Alquist-
Priolo Earthquake Fault Zoning
Map issued by the State
X
Geologist for the area or based
on other substantial evidence of
a known fault? Refer to
Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground
X
shaking?
iii) Seismic - related ground
failure, including
X
liquefaction?
iv Landslides?
X
b. Result in substantial soil
X
erosion or the loss of topsoil?
c. Be located on a geologic unit or
soil that is unstable, or that
would become unstable as a
result of the project, and
X
potentially result in on- or offsite
landslide, lateral spreading,
subsidence, liquefaction or
collapse.?
d. Be located on expansive soil,
as defined in Table 18 -1 -B of
the Uniform Building Code
X
(1994), creating substantial risk
to life or property?
d. Have soils incapable of
adequately supporting the use
of septic tanks or alternative
wastewater disposal systems
where sewers are not available
X
for the disposal of wastewater?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
VILGREENHOUSE
EMISSIONS.
Would the project:
a. Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
X
significant impact on the
environment?
b. Conflict with an applicable plan,
policy or regulation adopted for
X
the purpose of reducing the
emissions of qreenhouse as?
VIILHAZARDS
Would the project
a. Create a significant hazard to
the public or the environment
through the routine transport,
X
use, or disposal of hazardous
materials?
b. Create a significant hazard to
the public or the environment
through reasonable foreseeable
upset and accident conditions
X
involving the release of
hazardous materials into the
environment?
c. Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
X
substances or waste within one -
quarter mile of an existing or
proposed school?
d. Be located on a site that is
included on a list of hazardous
materials sites compiled
pursuant to Government Code
X
Section 65962.5 and, as a
result, would it create a
significant hazard to the public
or the environment
e. For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
X
public airport or public use
airport, would the project result
23 of 84 R October 21, 2014 Item # 3.1
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
in a safety hazard for people
residing or working within the
project area
f. For a project in the vicinity of a
private airstrip, would the
project result in a safety hazard
X
for people residing or working
in the project area?
g. Impair implementation of, or
physically interfere with, an
adopted emergency response
X
plan or emergency evacuation
Ian?
h. Expose people or structures to
a significant risk of loss, injury
or death involving wildland fires,
including where wildlands are
X
adjacent to urbanized areas or
where residences are
intermixed with wildlands?
HYDROLOGY
QUALITY.
Would the project:
a. Violate any water quality
standards or waste discharge
X
requirements?
b. Substantially deplete
groundwater supplies or
interfere substantially with
groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of
the local groundwater table
X
lever (e.g., the production rate
of pre- existing nearby wells
would drop to a level, which
would not support existing land
uses or planned uses for which
permits have been granted.
c. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
X
stream or river, in a manner that
would result in substantial
erosion or siltation on- or
offsite?
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MCUP 14 -001 and DR 14 -001
ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
d. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river, or substantially
X
increase the rate or amount of
surface runoff in a manner
which would result in flooding
on- or offsite?
e. Create or contribute runoff
water which would exceed the
capacity of existing or planned
X
storm water drainage systems
or provide substantial additional
sources of pollute runoff?
f. Otherwise substantially degrade
X
water quality?
g. Place housing within a 100 -year
flood hazard area as mapped
on a Federal Flood Hazard
X
boundary or Flood Insurance
Rate Map or other flood hazard
delineation map?
h. Place within a 100 -year flood
hazard area structures, which
X
would impede flood flows?
L Exposing people or structures to
a significant risk of loss, injury
or death involving flooding,
X
including flooding as a result of
the failure of a levee or dam?
J. Inundation by seiche, tsunami,
X
or mudflow?
X. LAND USE AND PLANNING.
-project:
a. Physically divide an established
X
community?
b. Conflict with applicable land use
plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not
limited to, the general plan,
X
specific plan, local coastal
program, or zoning ordinance)
adopted for the purpose of
avoiding or mitigating an
environmental effect?
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MCUP 14 -001 and DR 14 -001
ISSUE
POTENTIALLY
SIGNIFICANT
IMPACT
POTENTIALLY
SIGNIFICANT
UNLESS MITIGATION
INCORPORATED
LESS THAN
SIGNIFICANT
IMPACT
NO
IMPACT
c. Conflict with any applicable
habitat conservation plan or
X
natural community conservation
Ian.
A. MINERALRESOURCES.
Would the project:
a. Result in the loss of availability
of a known mineral resource
that would be of future value to
X
the region and the residents of
the State?
b. Result in the loss of availability
of a locally- important mineral
resource recovery site
X
delineated on a local general
plan, specific plan or other land
use Ian?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
NOISE.
Would the project result in:
a. Exposure of persons to, or
generation of, noise levels in
excess of standards established
X
in the local general plan or
noise, ordinance, or applicable
standards of other agencies?
b. Exposure of persons to, or
generation of, excessive ground
X
borne vibration or ground borne
noise levels?
c. A substantial permanent
increase in ambient noise levels
in the project vicinity above
X
levels existing without the
project?
d. A substantial temporary or
periodic increase in ambient
noise levels in the project
X
vicinity above levels existing
without the project?
e. For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
X
airport, would the project
expose people residing or
working in the project area to
excessive noise levels?
f. For a project within the vicinity
of a private airstrip, would the
project expose people residing
X
or working in the project area to
excessive noise levels?
POPULATION
HOUSING.
Would the •-
a. Induce substantial growth in an
area either directly (for
example, by proposing new
homes and businesses) or
X
indirectly (for example, through
extension of roads or other
infrastructure)?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
b. Displace substantial numbers of
existing housing, necessitating
X
the construction of replacement
housing elsewhere?
c. Displace substantial numbers of
people, necessitating the
X
construction of replacement
housing elsewhere?
XIV. PUBLIC SERVICES.
a. Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
need for new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times or other
performance objectives for any
of the public services.
i. Fire protection?
X
ii. Police protection?
X
iii. Schools?
X
iv. Parks?
X
v. Other public facilities?
X
XV. RECREATION.
a. Would the project increase the
use of existing neighborhood
and regional parks or other
recreational facilities such that
X
substantial physical
deterioration of the facility
would occur or be accelerated?
b. Does the project include
recreational facilities or require
the construction or expansion of
recreational facilities that might
have an adverse physical effect
X
on the environment?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
TRANSPORTATION
TRAFFIC
Would the project-
a. Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for
the performance of the
circulation system, taking into
account all modes of
transportation, including mass
X
transit and non - motorized travel
,and relevant components of
the circulation system,
including, but not limited to,
intersections, streets, highways
and freeways, pedestrian and
bicycle paths, and mass transit?
b. Conflict with an applicable
congestion management
program, including, but not
limited to, level of service
standards and travel demand
X
measures, or other standards
established by the county
congestion management
agency for designated roads or
highways?
c. Result in a change in air traffic
patterns, including either an
increase in traffic levels or a
X
change in location that results
in substantial safety risks?
d. Substantially increase hazards
due to a design feature (e.g.,
sharp curves or dangerous
X
intersections) or incompatible
uses (e.g., farm equipment)?
e. Result in inadequate
X
emergency access?
e. Conflict with adopted policies,
plans or programs regarding
public transit, bicycle or
pedestrian facilities, or
X
otherwise decrease the
performance or safety of such
facilities?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
XVII. UTILITIES AND SERVICE
Would the project:
a. Exceed wastewater treatment
requirements of the applicable
X
Regional Water Quality Control
Board?
b. Require or result in the
construction of new water or
wastewater treatment facilities
or expansion of existing
X
facilities, the construction of
which could cause significant
environmental effects?
c. Require or result in the
construction of new storm water
drainage facilities or expansion
of existing facilities, the
X
construction of which could
cause significant environmental
effects?
d. Have sufficient water supplies
available to serve the project
from existing entitlements and
X
resources, or are new or
expanded entitlements needed?
e. Result in the determination by
the wastewater treatment
provider, which serves or may
serve the project, that it has
X
adequate capacity to serve the
project's projected demand in
addition to the provider's
existing commitments?
f. Be served by a landfill with
sufficient permitted capacity to
X
accommodate the project's
solid waste disposal needs?
g. Comply with federal, state and
local statutes and regulations
X
related to solid waste?
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ISSUE
POTENTIALLY
POTENTIALLY
SIGNIFICANT
LESS THAN
NO
SIGNIFICANT
UNLESS MITIGATION
SIGNIFICANT
IMPACT
IMPACT
INCORPORATED
IMPACT
D.
OF SIGNIFICANCE
a. Does the project have the
potential to degrade the quality
of the environment,
substantially reduce the habitat
of a fish or wildlife species,
cause a fish or wildlife
population to drop below self -
sustaining levels, threaten to
X
eliminate a plant or animal
community, reduce the number
or restrict the range of a rare or
endangered plant or animal, or
eliminate important examples or
the major periods of California
history or prehistory?
b. Does the project have impacts
that are individually limited, but
cumulatively considerable?
("Cumulative considerable"
means that the incremental
effects of a project are
X
considerable when viewed in
connection with the effects of
past projects, the effects of
other current projects, and the
effects of probable future
projects)?
c. Does the project have
environmental effects that will
cause substantial adverse
X
effects on human beings either
directly or indirectly?
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D. DISCUSSION OF ENVIRONMENTAL EVALUATION
Please refer to the Environmental Initial Study Checklist Form above when reading the
following evaluation.
AESTHETICS: substantial adverse effect on a scenic vista?
a. No impact. The site consists of a vacant, earthen lot enclosed by neighboring
fences. No trees, plants, or rock outcroppings are present on site. As such, the
proposed parking /storage lot will not have an adverse impact on a scenic
resource. No impact would occur.
b. No impact. No scenic resources (including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway) are located on
the project site. No impact would occur.
C. Less Than Significant Impact. The vacant project site is surrounded by
existing residential and commercial development. The project proposes to create
a parking /storage lot. The project will improve the site with paving, masonry
perimeter walls and landscaping. A new masonry wall will be constructed along
the perimeter of the project adjacent to residential lots. The finished wall may be
higher than existing fencing along the residential property line adjacent to the
project. The wall, however, complies with Poway Municipal Code (PMC) Section
17.10.150(8), which requires a maximum eight -foot high wall from the highest
finished grade at the property line. These improvements will minimize potential
edge effects between the project and surrounding residences. The improvements
will also minimize off -site blowing dust as the site will be paved. Potential
impacts to visual character are below a threshold of significance.
d. Potentially Significant Unless Mitigation Incorporated. The project proposes
paving, lighting and landscaping on the 1.17 -acre site to accommodate
automobile storage. To accommodate the auto storage, the project proposes 10
new 18 -foot tall light standards, pursuant to PMC Section 17.10.150(H)(7), to be
erected for security lighting purposes. To minimize the lighting impacts on
adjacent residences, the light standards will be located near the center of the
parking lot, or approximately 65 feet from the residential /commercial property line
or over 85 feet to the closest single family home. The Applicant's consultant, LSI
Industries prepared a lighting study for the project on March 17, 2014 and
proposes to use LED lighting in its fixtures. The LED light bulbs will be enclosed
within the light standards, thereby minimizing light spillage. Although the study
reported zero foot - candles of light at the residential /commercial property line, it
has been determined that the project could have a significant adverse impact on
Aesthetics (lighting) in the area based on concerns received from residents at the
August 18, 2014 neighborhood meeting. Therefore, the following mitigation
measures were incorporated:
Mitigation
M9. Outdoor lighting shall be shielded to limit light spillage onto adjoining
properties. All parking /storage lot lighting shall be turned off at 10:00
p.m. each night. No additional exterior lighting is permitted. Automatic
timers shall be installed on any exterior lighting to ensure compliance
with this standard.
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M10. Parking lot lights located within the proposed parking lot shall be fitted
with cut -off glare control shields, to the satisfaction of the Director of
Development Services, to address any light spillage into adjoining
residential areas.
AGRICULTURAL AND FORESTRY RESOURCES:
a. No Impact. The vacant project site was previously developed with two single -
family homes, which were demolished within the past seven years. In conjunction
with the demolition of the homes all previous landscaping was removed, leaving
only non - native grasslands. The site is surrounded by existing residential and
commercial development. No farmland uses are in the vicinity. Thus, the project
would not result in the conversion of Prime Farmland, Unique Farmland or
Farmland of Statewide Importance to non - agricultural uses. No impact would
occur.
b. No Impact. The project site does not contain Williamson Act contract land. The
current AG /C zoning designation of the project site does not permit horticultural
use of the site, it is not likely that the 1.17 -acre infill property would be used for
agricultural purposes in that it is small in size and surrounded by existing
residentially and commercially developed properties. No impact would occur.
C. No Impact. The project site does not contain, and is not zoned for, forest land,
timberland or timberland zoned Timberland Production. No impact would occur.
d. No Impact. As stated in response Il.c, the project site is not located in an area
containing forest land. Accordingly, project construction and operation would not
convert any forest land to non - forest use, and no impact would occur.
e. No Impact. The project would not directly impact agriculture nor forest lands,
nor introduce new elements into the landscape that would contribute to future
conversion of agricultural use to non - agricultural use or forest land to non - forest
use. No impact would occur.
III. AIR QUALITY:
a. No Impact. The City of Poway is part of the San Diego Air Basin and air quality
in the area is administered by the San Diego County Air Pollution Control District
(APCD). An air quality management plan (AQMP) describes air pollution control
strategies to be taken by a City, County or region classified as a non - attainment
area to meet the Clean Air Act (CAA) requirements. The main purpose of an
AQMP is to bring the area into compliance with the requirements of federal and
state air quality standards, and to coordinate regional and local governmental
agencies to achieve air quality improvement goals. A San Diego Regional Air
Quality Strategies Plan — 1994 (jointly developed by the Air Pollution Control
District and the San Diego Association of Governments- SANDAG) exists for the
San Diego area and provides strategies for pollution control to improve air quality
in the region. Land use plans and build out projections of the General Plans of
jurisdictions within the San Diego area were considered in establishing the
strategies of the Regional Air Quality Strategies Plan. The Poway General Plan
includes strategies that are directed toward reducing air emissions through land
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use patterns, transportation planning, regional agency cooperation, energy
conservation, and construction.
The proposed parking /storage lot is located within the AG /C zone which is
consistent with the Poway General Plan land use strategies, in that the General
Plan envisioned this type of development on the project site, therefore it is also
consistent with the San Diego Regional Air Quality Strategies Plan. The project
will not have a significant adverse long -term impact on air quality in the area.
The project will be an auto storage lot. In the short term during construction, the
project will implement dust control measures, therefore, there will be no impacts.
No impact would occur with this project.
b. No Impact. See response Ill.a above.
C. No Impact. See response Ill.a above.
d. No Impact. See response Ill.a above.
e. No Impact. See response Ill.a above.
IV. BIOLOGICAL RESOURCES:
a. No Impact. The project site was previously developed with two single - family
homes. The homes were demolished and the site cleared of all structures and
vegetation. The property, therefore, does not contain or support sensitive plant
and /or animal species. Given the previous clearing, the proposed application to
develop a parking/storage lot would not impact any plant or animal species. No
impact would occur.
b. No Impact. No riparian habitat or other sensitive natural communities identified
by federal, state, regional, or local agencies, plans, policies, or regulations are
located on the project site. No impact would occur.
No Impact. The project site does not support any wetlands, nor would the
project propose any activity that could result in substantially adverse effects on
wetlands. No impact would occur.
d. No Impact. The project site is not located within any reported local or regional
wildlife corridors. Given the disturbed nature of the project site and absence of
onsite native vegetation communities, the project site would not serve any
meaningful wildlife corridor function, nor would it be likely to provide a native
wildlife nursery site. No impact would occur.
e. No Impact. The City Tree Removal Ordinance (Poway Municipal Code (PMC)
Title 12, Chapter 12.32 Urban Forestry, Section 12.32.110 Tree Removal Permit)
protects trees growing on public property, within public rights -of -way and on
private properties (including commercial and industrial), and requires a permit
and evaluation for tree removals. All trees /vegetation were removed in
conjunction with the demolition of the two prior homes. The project site does not
contain any other biological resources that are protected by local policies.
Consequently, the project would not conflict with any local policies or ordinances
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protecting biological resources, and no impact would occur. As a site benefit, the
project proposes the installation of 26 new trees on the 1.17 -acre site.
No Impact. The Poway Subarea Habitat Conservation Plan /Natural Community
Conservation Plan (HCP /NCCP) serves as the planning document for the
protection and management of biologically effective, interconnected open spaces
in the City of Poway. The Poway Subarea HCP /NCCP, which was adopted in
April 1996, is consistent with the regional and sub - regional planning efforts within
San Diego County pursuant to the State of California's NCCP act of 1991. The
project is not located within the Poway Subarea HCP Mitigation Area. No impact
would occur.
V. CULTURAL RESOURCES:
a. No Impact. The project site is not on the City of Poway's Historical Sites Survey
and is therefore, not considered a significant historical resource. No impact
would occur.
b. No Impact. According to the Poway General Plan, the parcels are located in an
area with moderate probability for the presence of archaeological resources. No
significant adverse impacts to any cultural resources are anticipated. The site
was. previously developed and prior grading, construction and subsequent
demolition of the previously developed single - family homes may have modified
any intact resources on the project site. The proposed project includes additional
grading to accommodate the paved parking lot and landscaping improvements.
The earth work excavation activities involve an equal amount cut and fill of soil
material to balance the new grade on the site. No significant subsurface grading
will occur that involves deep trenching, therefore, no impact would occur.
c. No Impact. Prior grading, construction and subsequent demolition of the
previous residential development on the site may have modified any intact
soils /potential formations on the project site. Although grading will be required to
construct the parking lot, it is unlikely the project would affect any potentially
present and unknown paleontological resources or unique geologic feature. The
earth work excavation activities involve an equal amount cut and fill of soil
material to balance the new grade on the site. No significant subsurface grading
will occur that involves deep trenching, therefore, no impact would occur.
d. No Impact. See item V.b, above. No significant subsurface grading will occur
that involves deep trenching, therefore, there is no chance of disturbing human
remains. No impact would occur.
VI. GEOLOGY AND SOILS:
a i. No Impact. No active known faults traverse the project site. Murphy Canyon
Fault is the nearest main southern California fault, located approximately 10
miles southwest of the project site. Three major fault systems within the project
vicinity include the Elsinore, San Jacinto and Rose Canyon faults. The active
Elsinore fault trends northwest and is about 22 miles northeast of Poway. The
San Jacinto fault is also an active northwest - trending fault about 45 miles
northeast of Poway. The Rose Canyon fault is located about 16 to 20 miles west
of Poway in the Pacific Ocean and is considered potentially active. There is
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potential for some local damage in the event of a major earthquake along one of
these fault systems, which could result in significant impacts to project facilities.
While the potential for onsite rupture cannot be completely discounted (e.g.:
unmapped faults could conceivably underlie the site), the likelihood for such an
occurrence is considered low due to the absence of known faulting within or
adjacent to the site. As a result, impacts related to fault rupture are assessed as
less than significant.
a ii. No impact. The project site is located in seismically active southern California
and is likely to be subjected to moderate to strong seismic ground shaking.
Seismic shaking at the site could be generated by events on any number of
known active and potentially active faults in the region, including several
unnamed faults, larger faults such as Murphy Canyon Fault, and major fault
systems such as Elsinore, San Jacinto and Rose Canyon. An earthquake along
any of these known active fault zones could result in severe ground shaking and
consequently cause injury and/or property damage in the project vicinity. The
project does not involve construction of any new buildings or pose a safety risk to
any persons, as it will only contain parked vehicles. The proposed parking lot
and associated amenities will be designed and constructed to incorporate
measures to accommodate projected seismic loading, pursuant to existing
guidelines such as the City of Poway's Grading Ordinance, the "Greenbook"
Standard Specifications for Public Works Construction and the International
Building Code (IBC). No impact would occur.
a iii. No Impact. The project site is not located in an area that has potential for
liquefaction. Thus, no impacts resulting from seismically related ground failure
would occur.
a iv. No Impact. According to the Hazards Management Element of the Poway
General Plan, landslides are common in the Poway area and generally occur as
a result of ground shaking in areas of unstable geologic conditions, such as the
Friar's Formation. The soils commonly found in the area of the subject parcels
are alluvium and slopewash. This is a material consisting of poorly consolidated
stream deposited silt, sand, gravel, and cobble size particles. Both parcels are
relatively level and do not contain any areas of slope or seismically induced
landslide. No impact would occur.
b. No Impact. The project site was been previously graded in conjunction with the
construction and subsequent demolition of the two single - family homes. As the
project site has been graded and is generally flat, no construction activities are
proposed that would result in substantial soil erosion or the loss of top soil. No
impact would occur
C. No Impact. See the comments in Vl.a.iv above.
d. No Impact. See the comments in Vl.a.iv above.
No Impact. The subject property and surrounding area is served by sewer. No
impact would occur.
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VII. GREENHOUSE GAS EMISSIONS:
a. Less than significant. Assembly Bill 32 (AB 32), the California Global Warming
Solutions Act of 2006, states that climate change and global warming is generally
the result of greenhouse gases caused by carbon dioxide (CO2) emissions. CO2
emissions come primarily from the burning of fossil fuels (vehicle emissions) and
energy consumption. AB 32 mandates that California reduce its' annual
greenhouse gas emissions to 1990 levels by 2020. Senate Bill 375 (SB 375)
aligns regional land use, transportation, housing, and greenhouse gas reduction
planning efforts. SB 375 requires Air Resources Boards to set regional
greenhouse gas emission reduction targets for passenger vehicles and light
trucks for 2020 and 2035 (GC § 65080(b)(2)(A)). The targets are for the 18
Municipal Planning Organizations (MPOs) in California. In response to, and in
compliance with, the State measure the San Diego Association of Governments
( SANDAG), as San Diego's MPO, adopted emission reduction targets of 7
percent by 2020 and 13 percent by 2035. While SANDAG has published the
proposed target levels, the standards for measuring the significance of a project's
cumulative contribution to global climate change, and a consistent method to
achieve these reductions, have not been determined. The state of California's
Climate Change Scoping Plan aims to reduce state and local GHG emissions by
primarily targeting the largest emitters of GHGs: transportation, including
emissions from vehicles, and energy sectors.
The project proposes construction of a parking/storage lot for new cars and
service vehicles associated with the adjoining Hyundai /Mitsubishi automobile
dealership. The delivery and storage of new cars currently occurs on the existing
Hyundai /Mitsubishi dealership site, adjacent to Poway Road. The project will not
result in any significant increases in the number of new vehicle trips on local
roads. Accordingly, impacts would be less than significant.
b. No impact. See Vll.a above
VIII. HAZARDS AND HAZARDOUS MATERIALS:
a. Less Than Significant. The project proposes a parking lot for service vehicles
and new cars delivered to the adjoining Hyundai /Mitsubishi dealership and does
not create a significant hazard to the public or environment through the routine
transport, use, or disposal of hazardous material such as gasoline or oil. The
project will contain vehicles that will have gasoline, oil and other liquid -based
products in them. Materials such as these used in vehicles are required to be
used and stored in compliance with state and federal requirements, therefore
transport or use of hazardous materials have been reduced to below a threshold
of significance.
b. No Impact. As the project does not propose the use of hazardous materials, it
will not create a significant hazard to the public or the environment through
reasonable foreseeable upset and accident conditions involving the release of
hazardous materials into the environment. No impact would occur.
C. No Impact. As the project does not propose the use of hazardous materials, it
will not emit hazardous emissions or acutely hazardous materials into the
environment. No impact would occur.
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d. No Impact. The project site is not included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5, as such would
not create a significant hazard to the public or environment. No impact would
occur.
e. No Impact. The closest airports to the project site are Marine Corps Air Station
Miramar, located approximately 6.5 miles southwest of the project site, and
Gillespie Field, located approximately 8 miles southeast of the project site. The
project does not currently contain, nor does it propose, habitable structures that
would result in exposure of people to safety hazards from these airports. In
addition, the project site is not located within the Airport Influence Area of either
of these airports. Thus, operation of the project would not result in a safety
hazard for people residing or working in the project area and no impact would
occur. No impact would occur.
f. No Impact. See Item Vlll.e above. The project site is not within the vicinity of a
private airstrip. Therefore, the project would not result in a safety hazard for
people residing or working in the project area and no impact would occur.
g. No Impact. The project would not impair or physically interfere with an adopted
emergency response or evacuation plan. Operation of the project would not
interfere with people's ability to utilize roadways for evacuation purposes and,
on a more local level, emergency vehicle lanes within the project parking lot
would be kept free of vehicles and storage materials in compliance with City
ordinances. Accordingly, no impact would occur.
h. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ)
map for Poway (CAL FIRE 2009), the project site is not located within a non -
VHFHSZ. In addition, the project site is within an urbanized and developed
area, and not located adjacent to any large expanses of wildlands. Accordingly,
the project would not expose people or structures to a significant risk of loss,
injury or death involving wildland fires. No impact would occur.
IX HYDROLOGY AND WATER QUALITY:
a. Less Than Significant Impact. The proposed project consists of the
construction of a parking /storage lot for new cars and service vehicles
associated with the adjoining Hyundai /Mitsubishi automobile dealership.
Grading plans include improvements such as pervious pavement, permeable
concrete gutters and swales that permit percolation of surface water originating
from the site. The site is designed to incorporate required State and local storm
water standards and therefore complies with all storm water regulations.
Implementation of these design features results in impacts to water quality
standards or waste discharge requirements that has been reduced to a level of
below a threshold of significance.
b. No Impact. The project proposes construction of a parking /storage lot for new
cars and service vehicles associated with the adjoining Hyundai /Mitsubishi
automobile dealership. There are no structures or facilities that require the use
of water. Therefore, it would not directly affect groundwater, contribute to the
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depletion of groundwater supplies or interfere with groundwater recharge. No
impact would occur.
C. No Impact. The project has been designed to comply with all storm water
regulations. Therefore, the existing drainage pattern of the site would not be
significantly altered in a manner that would result in substantial erosion or
siltation on- or off -site. No impact would occur.
d. No Impact. The project has been designed to comply with all storm water
regulations. Only minor grading is required that will not result in any significant
change in gradient. Therefore, the existing drainage pattern of the site or area
(including through alteration of the course of a stream or river) would not be
altered in a manner, which would result in flooding on or offsite. No impact
would occur.
e. Less Than Significant Impact. The project proposes construction of a
parking/storage lot for new cars and service vehicles associated with the
adjoining Hyundai /Mitsubishi automobile dealership. The site is designed to
incorporate required State and local storm water standards and therefore
complies with all storm water regulations. Implementation of design features
such as pervious pavement, permeable concrete gutters and swales that permit
percolation of surface water will not create or contribute runoff water that would
exceed the capacity of existing or planned storm water drainage and therefore
have been reduced to a level of below a threshold of significance.
f. No Impact. The project has been designed to comply with all storm water
regulations, contains permeable areas for surface water percolation and,
therefore will not otherwise substantially degrade water quality. No impact would
occur.
g. No Impact. The project site is designated as "Zone X" on associated Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs;
Converse 2010). The Zone X designation is applied to areas that are outside of
mapped 500 and 100 -year floodplain limits. Additionally, the project does not
involve the construction of any housing. No impact would occur.
h. No Impact. See Item IX.g above. No impact would occur.
No Impact. The project site is not located within or adjacent to any mapped
dam inundation areas. Based on the fact that the project site is not located
within a mapped inundation area no significant risk of loss, injury or death would
result from project implementation. No impact would occur.
No Impact. The project site is not near any water body, no impacts would
occur.
X LAND USE AND PLANNING:
a. No Impact. The proposed parking lot is a land use that that is conditionally
permitted in the AG /C zone. The use of the vacant site will not physically divide
an established community. No impacts would occur.
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b. No Impact. On August 6, 2013, the City Council approved a change in the land
use and zoning designation of the project site, from residential (RS -7) to
commercial (AG /C). The project proposes construction of a parking /storage lot
for new cars and service vehicles associated with the adjoining
Hyundai /Mitsubishi automobile dealership. The proposed use is conditionally
permitted in the AG /C zone and, as such, will not conflict with applicable land
use plan, policy, or regulation of an agency with jurisdiction over the project
(including, but not limited to, the general plan, specific plan, or zoning
ordinance). No impact would occur.
C. No Impact. See Item IV.f above. The project is not located within the Poway
Subarea HCP Mitigation Area. No impact would occur.
XI MINERAL RESOURCES:
a. No Impact. According to the Poway General Plan, the only known valuable
mineral resource, as recognized by the California Department of Conservation,
Division of Mines and Geology, is construction quality sand and gravel located in
the South Poway area of the City. Currently, one sand and gravel extraction
operation is located approximately two miles south of the project site in Beeler
Canyon. The project property is not utilized for mineral extraction and there are
no plans for mineral resource extraction at the site. The project would not result
in any ground disturbance of a depth that could potentially affect unknown
subsurface deposits. Accordingly, the project would not result in any impacts
related to mineral resources.
b. No Impact. See response to Item XI.a.
XII NOISE:
a. Less Than Significant Impact. The project proposes construction of a
parking /storage lot for new cars and service vehicles associated with the
adjoining Hyundai /Mitsubishi automobile dealership. The parking lot is intended
to serve as a transitional use/buffer between the car dealership and its
automotive repair facilities and the adjacent single - family homes. City
development standards require the construction of an eight -foot high masonry
wall and landscaping between the residential and commercial zones to minimize
edge effects between the two land uses. Daily operation and uses within the
parking lot must comply with the City's day and night time noise regulations as
well as those contained within City Resolution 06 -17 that established the
operational requirements for the Hyundai /Mitsubishi dealership. Daily
operations in the storage lot include frequent movement of vehicles being
serviced or sold. Should any complaints of noise arise, these issues related to
daily operations will be addressed through the City's Code Compliance Division
or through the conditional use permit approved for the project. Potential
excessive noise levels may occur temporarily during project construction. Other
than temporary construction, new noise levels in excess of standards
established in the General Plan or Noise Ordinance are not anticipated.
Potential noise impacts have been reduced to a level of below a threshold of
significance.
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b. No Impact. See Item Xll.a above. As a parking lot, the project will not expose
people to or generation of, excessive ground borne vibration or ground borne
noise levels. No impact would occur.
C. No Impact. The property borders an automobile dealership and is located
approximately 100 feet north of Poway Road, a major arterial in the City and
source of traff ic noise. Based on the project improvements and compliance with
City ordinances discussed in Item Xll.a above, the project will not create any
substantial permanent increase in ambient noise levels in the project vicinity. No
impact would occur.
d. Less Than Significant Impact. Construction of the parking lot will require site
grading, paving, and the installation of the masonry walls. Construction of these
improvements will introduce temporary or periodic increases in noise levels
above existing levels. Although of a limited duration, construction activities must
comply with the City's Noise Ordinance. Increased noise levels as a result of
construction are temporary and therefore have been reduced to a level of below
a threshold of significance .
e. No Impact. The closest airports to the project site are Marine Corps Air Station
Miramar, located approximately 7.5 miles southwest of the project site, and
Gillespie Field, located approximately 9 miles southeast of the project site. The
project proposes construction of a parking /storage lot for new cars associated
with the adjoining Hyundai /Mitsubishi automobile dealership. Therefore, the
project would not result in people being exposed to noise from these airports. In
addition, the project site is not located within the Airport Influence Area of either
of these airports. No impact would occur.
f. No Impact. The project site is not within the vicinity of a private airstrip.
Therefore, the project would not expose people residing or working in the project
area to excessive noise levels and no impact would occur.
XIII POPULATION AND HOUSING:
a. No Impact. The site is commercially zoned and proposes the construction of a
parking /storage lot for the adjoining Hyundai /Mitsubishi dealership. The project
does not include any residential uses and would not result in the addition of new
residents to the City. Therefore, the project would not induce substantial direct
or indirect population growth in the surrounding area. No impact would occur.
b. No Impact. The site is currently vacant and does not contain any residential
uses. As such, no housing would be displaced and no construction of
replacement housing would be required. No impact would occur.
C. No Impact. See Item Xlll.b. No impact would occur.
XIV PUBLIC SERVICES:
a. Fire Protection. No Impact. The project site and the surrounding
neighborhood are served by the City of Poway Fire Department. The closest
fire station to the project site is Station 1, which is located at 13050 Community
Road, approximately 1 mile southwest of the project site. The site is already
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included within the Fire Department service area. No new or upgraded fire
protection facilities would be required as a result of this project. No impact would
occur.
b. Police Protection. No Impact. The City of Poway contracts with the San
Diego County Sheriff's Department for their services in law enforcement. The
project site is currently served by the Poway Station, which is located at 13100
Bowron Road, approximately 1.5 miles southwest of the project site. Similar to
discussion for Item XIV.a above, the site is included within the Sheriff's service
area. Any specific service provided should there be an (unexpected)
emergency call to this building is accounted for through property taxes paid on
the property. No new or upgraded police protection facilities would be required
as a result of this project. No impact would occur.
C. Schools. No Impact. The project proposes construction of a parking /storage
lot for new cars and service vehicles associated with the adjoining
Hyundai /Mitsubishi automobile dealership. The project does not include any
residential uses and would not result in the addition of new residents to the City.
As a result, no project - related changes to school facilities would be required. No
impact would occur.
d. Parks. No Impact. As stated above, the project does not include any
residential uses and does not result in the addition of new residents to the City.
Project implementation would not require new or physically altered park facilities
(see also Item XV, below for discussion of use effects). No impact would occur.
e. Other Public Facilities. No Impact. As stated above, the project would not
include any residential uses and would not result in the addition of new residents
to the City. Therefore, no impact on other public facilities would occur.
XV RECREATION:
a. No Impact. The project proposes construction of a parking /storage lot for new
cars and service vehicles associated with the adjoining Hyundai /Mitsubishi
automobile dealership. The project does not include any residential uses and
would not result in the addition of new residents to the City. As such, the project
will not project increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated. No impact would occur.
b. No Impact. See Item XV.a above. No impact would occur.
XVI TRANSPORTATION AND TRAFFIC:
a. No Impact. The project proposes construction of a parking /storage lot for new
cars and service vehicles associated with the adjoining Hyundai /Mitsubishi
automobile dealership. The delivery and storage of new cars currently occurs
on the existing Hyundai /Mitsubishi dealership site, adjacent to Poway Road. As
this activity occurs on the existing dealership site, or at the City's offsite vehicle
storage facility located in the Poway Business Park, the project will not result in
any significant increases in the number of vehicle trips, nor conflict with an
applicable plan, ordinance or policy establishing measures of effectiveness for
the performance of the City's circulation system. No impact would occur.
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b. No Impact. The project proposes construction of a parking /storage lot for new
cars and service vehicles associated with the adjoining Hyundai /Mitsubishi
automobile dealership. The delivery and storage of new cars currently occurs
on the existing Hyundai /Mitsubishi dealership site, adjacent to Poway Road. As
this activity occurs on the existing dealership site, or at the City's offsite vehicle
storage facility located in the Poway Business Park, the project will not conflict
with an applicable congestion management program, including, but not limited
to, level of service standards and travel demand measures, or other standards
established by the county congestion management agency for designated roads
or highways. No impact would occur.
C. No Impact. The closest airports to the project site are Marine Corps Air Station
Miramar, located approximately 7.5 miles southwest of the project site, and
Gillespie Field, located approximately 9 miles southeast of the project site. The
project site is not within the vicinity of a private airstrip. The project proposes
construction of a parking/storage lot for new cars and service vehicles
associated with the adjoining Hyundai /Mitsubishi automobile dealership.
Therefore, the project would not result in a change in air traffic patterns,
including either an increase in traffic levels or a change in location that results in
substantial safety risks people being exposed to noise from these airports. No
impact would occur.
d. No Impact. As a parking lot project, development of the site will not result in
substantially increased hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses. No impact would occur.
e. No Impact. The design of the parking lot includes a 25 -foot wide fire lane that
circles the interior of the parking lot, with direct access to Evanston Drive. No
parking is permitted within the fire lane. These requirements insure adequate
emergency access to and within the project site. No impact would occur.
No Impact. As a parking lot located within an interior parcel the project will not
conflict with adopted policies, plans or programs regarding public transit, bicycle
or pedestrian facilities, or otherwise decrease the performance or safety of such
facilities. No impact would occur.
XVII UTILITIES AND SERVICE SYSTEMS:
a. No Impact. The project site is an infill property that is located with an urbanized
area of the City that is served by City sewer. Adequate wastewater treatment
facilities and services are in place to serve the project site. As a parking lot use
the project would not exceed wastewater treatment requirements of the
Regional Water Quality Control Board. No impact would occur.
b. No Impact. The project site is an infill property that is located with an urbanized
area of the City served by City's water service area. Adequate water treatment
facilities and services are in place to serve the project site. As a parking lot use
the project would not exceed water treatment requirements of the Regional
Water Quality Control Board. No impact would occur. No impact would occur.
C. Less Than Significant Impact. The project site is an infill property that
discharges to the City's municipal stormdrain system. The City's existing
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drainage system is adequate to serve current demands. The site is designed to
incorporate required State and local storm water standards and therefore
complies with all storm water regulations, which results in a reduced amount of
surface water entering the stormdrain system. With the implementation of these
standards, the amount of off -site drainage has been reduced to a level of below
a threshold of significance.
d. No Impact. See Item XVll.b above. No impact would occur.
e. No Impact. See Item XVll.a above. No impact would occur.
No Impact. The City of Poway contracts with EDCO Waste and Recycling
Services for its waste collection services. The project site is an infill property
that is located with an urbanized area of the City and served by EDCO. As a
parking /storage lot, the facility will generate a minimal amount of solid waste.
That waste will be collected, and paid for, as part of the Hyundai /Mitsubishi
dealership's refuse collection and recycle program. No impact would occur
g. No Impact. See Item XVll.f above. No impact would occur.
XVIII MANDATORY FINDING OF SIGNIFICANCE:
a. No Impact. The project site is an infill property that is located with an urbanized
area of the City. The project proposes the construction of a parking /storage lot
to support current uses within the adjoining Hyundai /Mitsubishi dealership. The
subject site does not contain any biological, cultural, or mineral resources. The
project, therefore, will not result in any significant adverse impacts that would
degrade the quality of the environment, result in any adverse impacts to
biological resources, will not substantially reduce the habitat of a fish or wildlife
species, threaten to eliminate a plant or animal community, reduce the number
or restrict the range of a rare or endangered plant or animal, or eliminate
important examples of major periods in California history or prehistory. No
impact would occur.
b. No Impact. The project, considered cumulatively with past and future projects,
will not result in impacts. The project, as well as past projects and future projects
have or will comply with the land use, noise, and lighting standards of the City's
General Plan. Infrastructure and services per the General Plan, are in place or
are planned and are adequate to serve the project.
Potentially Significant Unless Mitigation Incorporated/Less Than
Significant Impact. See response I.d above pertaining to the project having
potentially significant lighting impacts unless mitigation measures are
incorporated. See responses I.c; VI.ai; Vll.a; Vlll.a; IX.a; IX.e; Xll.a; Xll.d and
XVll.c. pertaining to less than significant impacts.
44 of 84 29 October 21, 2014 Item # 3.1
RESOLUTION NO. P -14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 14 -001 AND
DEVELOPMENT REVIEW APPLICATION 14 -001
ASSESSOR'S PARCEL NUMBERS: 323 - 203 -18 and 323 - 203 -19
WHEREAS, a request for approval of Minor Conditional Use Permit (MCUP) 14 -001
and Development Review (DR) 14 -001 has been submitted by Mark Abelkop /MLGP &L,
LLC, Applicant; and
WHEREAS, the project is a proposal to construct an automobile inventory storage lot
on a vacant two- parcel site located at 13956 Poway Road and 13917 Courier Way, within
the Automotive /General Commercial zone (A/GC) zone; and
WHEREAS, on October 21, 2014, 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 findings, in accordance with Chapter 17.52 of the Poway Municipal Code
(PMC) for DR 14 -001, are made as follows:
A. The project has been designed to be compatible with surrounding development
through the construction of a perimeter screening wall and landscaping intended to
provide privacy to neighboring properties. The project does not include the
construction of any buildings and the proposed lighting will be located towards the
center of the site to minimize any lighting impacts. Trees will be planted along the
storage lot side of the wall to provide additional screening. The project conforms to
City zoning and development standards. Therefore, the project respects and
recognizes the interdependence of land values and aesthetics to the benefit of the
City.
B. The project has been designed to minimize impacts on the surrounding community
by utilizing screening walls and landscape trees in the design that is consistent with
surrounding development. Lighting will be located towards the center of the site to
minimize any lighting impacts and will include cut -off glare shields. The height of the
screen walls, the planting of trees and the minimal light impacts including turning off
all lighting in the storage lot at 10:00 p.m. each night, is intended to respect the public
concerns for the aesthetics of development, and encourages the orderly and
harmonious appearance of structures and property within the City.
C. The granting of DR 14 -001 would not be materially detrimental to the public health,
safety or welfare within the community since the proposed development will complete
improvements necessary for the new storage lot. The project does not include the
construction of any buildings on the site and will be only used as a storage lot. Site
improvements include a screening wall with trees planted on the storage lot side of
the wall. Lighting will be installed towards the center of the storage lot. All lighting
will be turned off at 10:00 p.m. each night.
45 of 84 ATTACHMENT C October 21, 2014 Item # 3.1
Resolution No. P-
Page 2
D. The project has been designed to be compatible with development in the surrounding
community by utilizing exterior masonry wall materials consistent with the existing
development. Therefore, the proposed development respects the public concerns for
the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety, or an
architecturally - related impact upon adjoining properties, as the project has been
designed to be compatible with development in the surrounding community by
utilizing a new screen wall, planted trees on the storage of side of the wall. The
project does not include the construction of any new building, therefore, the
improvements would be consistent with nearby development.
F. The design and improvements of the proposed storage lot are consistent with all
elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code in that the proposed uses are permitted subject to
approval of a Minor Conditional Use Permit (MCUP) in the Automotive /General
Commercial (A/GC) zone, and involves the construction of a new storage lot,
masonry perimeter walls, lighting and landscaping, and other site improvements in
compliance with City design and development standards.
Section 2: The findings, in accordance with PMC Section 17.48.070, for MCUP 14 -001
to conduct automobile storage, in the A/GC zone, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 PMC (Minor Conditional Use
Permit Regulations), the Poway Road Specific Plan, the City's General Plan, and the
development policies and standards of the City in that the subject use is allowed with
a MCUP. The storage lot and associated improvements have been designed and will
be conducted such that it will be compatible with the other automobile dealerships.
Business operation standards are included, and referenced, in the MCUP to minimize
impacts on adjacent residential uses.
B. The location, size, design, and operating characteristics of the proposed use will be
compatible with, and will not adversely affect or be materially detrimental to, adjacent
uses, buildings, structures, or natural resources in that the approval of a MCUP
permits the construction of a storage lot in support of an existing commercial
automobile dealership, and the facility has been designed and will be operated in
compliance with City development standards. Adequate parking will be provided
onsite. Business operation standards are included, and referenced in, the MCUP to
minimize impacts on adjacent residential uses.
C. The proposed use of an automobile storage lot is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, similar automotive dealerships. The
project involves the construction of a new storage lot, masonry perimeter walls,
lighting and landscaping. Residential uses are adjacent to the rear of the business
and to minimize impacts to those uses, business operations standards that minimize
noise and light are included in the MCUP.
46 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 3
D. There are adequate public facilities, services and utilities available at the subject site
to serve the proposed use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite, and the use will be
limited to an automobile storage lot. Business operation standards are included in
the MCUP to minimize impacts on adjacent residential uses.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets. The project involves the construction of a new automobile
storage lot, masonry perimeter walls, lighting and landscaping that will be used
primarily for the storage of new cars. The project provides adequate vehicle
circulation within the proposed storage lot and in conjunction with the existing
adjacent Hyundai /Mitsubishi dealership. The main access into the storage lot will be
via an existing driveway to the Hyundai /Mitsubishi dealership off Evanston Drive and
will remain unchanged. Conditions of approval in the MCUP, and the
Hyundai /Mitsubishi dealership CUP, prohibit test driving of vehicles on the adjoining
residential streets.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is already developed and contains no natural habitat
resources.
Section 3: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public
health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
applicable development impact fees, which are assessed on a pro -rata basis to
finance public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 4: The City Council hereby approves MCUP 14 -001 and DR 14 -001, as shown
on the approved plans on file in 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
47 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 4
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.
B. Approval of this MCUP 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. All conditions of approval for MCUP 05 -04 /DR 05 -09 (Hyundai automobile
dealership) contained in City Resolution P -06 -17 shall remain in effect.
F. The conditions of MCUP 14- 001 /DR 14 -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.
G. MCUP 14- 001/DR14 -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.
H. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
(Engineering)
1. Applicant shall incorporate Low Impact Development (LID) design features into
the site development. These shall be clearly shown and identified on the
grading plan and be appropriately sized for the proposed level of
development.
2. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved
by the City project engineer. Submittal shall be made to the Department of
48 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 5
Development Services Engineering Division for review and approval. The
grading design shall be 100% complete at the time of submittal, ready for
approval and issuance of permit. Incomplete submittals will not be accepted.
All technical studies as required by Chapter 16 of the Poway Municipal Code
shall be submitted.
3. A drainage study addressing the impacts of the 100 year storm event prepared
by a registered Civil Engineer is to be submitted and approved. The study
shall evaluate existing and proposed hydrologic and hydraulic conditions to
the satisfaction of the City project engineer.
4. Grading securities shall be posted with the City prior to grading plan approval
per section 16.46.080 of the Poway Municipal Code. A minimum cash security
of $2,000 is required in all instances.
5. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a pre -
construction meeting at the Department of Development Services. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer. The applicant's action plan that identifies
measures to be implemented during construction to address erosion, sediment
and pollution control will be discussed. Compliance for sediment control shall
be provided as directed by the project inspector.
6. Prior to start of any work within a City -held easement or right -of -way, a Right -
of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior to
permit issuance.
7. Construction staking is to be inspected by the Engineering Inspector prior to
any clearing, grubbing or grading. As a minimum, all protected areas as
shown on the approved grading plans are to be staked under the direction of a
licensed land surveyor or licensed civil engineer and delineated with lathe and
ribbon. As applicable, provide two copies of a written certification, signed and
sealed in accordance with the Business and Professions Code, by the
engineer of record stating that all protected areas have been staked in
accordance with the approved plans.
(Planning)
8. The locations and sizes of all utility boxes and vaults within street rights -of -way
shall be shown on the grading, improvement and landscaping plans.
9. Landscape and irrigation plans shall be submitted. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other
applicable standards and ordinances in effect at the time of landscape and
irrigation plan check submittal. The landscape and irrigation plan submittal is
a separate submittal from other project plan check submittals, and is made
49 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 6
directly to the Planning Division. Landscape and irrigation plan review fees
are required and are the responsibility of the applicant. To the satisfaction of
the Director of Development Services, the landscape plans shall also provide
the following:
10. All landscaping, including areas within the adjacent public right -of -way, shall
be adequately irrigated, and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Poway Landscape
and Irrigation Design Manual. Trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall
not be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
Prior to the issuance of a Building Permit, the applicant shall comply-with the
following to the satisfaction of the Director of Development Services:
(Engineering)
1. An application for a Lot Merger shall be submitted and approved. The Lot
merger shall be recorded prior to the issuance of a building permit.
2. The site shall be developed in accordance with the approved grading plans on
file in the Development Services Department and the conditions contained
herein. Grading shall be in accordance with the Uniform Building Code, the
City Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
3. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control devices
throughout their intended life.
4. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and the
project's geotechnical engineer. Following completion of rough grading,
please submit the following:
a) Three copies of certification of line and grade for the lot, prepared by the
engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
50 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 7
(Planning)
5. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Electrical /Building Permit issuance.
6. All architectural details shown on the approved DR plans shall also be shown
on the building plan check submittal. Any major modifications from the
building and site design details on the approved DR plans will require a DR
revision and City Council approval.
7. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.H; including, but not limited to, reflecting
light downward, away from any road or street, and away from any adjoining
residential development. Lighting shall be maintained in compliance with City
standards by the applicant for the life of the project.
8. Signs proposed for this development shall be approved under a separate Sign
Permit.
9. The building plans shall include elevations and cross - sections that show all
new roof - mounted appurtenances, including, but not limited to, air conditioning
and vents, screened from view from adjacent properties, to the satisfaction of
the Director of Development Services.
10. Exterior building materials and finishes shall reflect the approved elevations on
file with the City and the conditions of approval, and shall be noted on the
building plans, to the satisfaction of the Director of Development Services.
K. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
2. The Car Inventory Storage Area shall be accessible to Fire Department
apparatus by way of access with all- weather driving surface of not less than
25 -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. This 25 -foot access width is the minimum required for Fire
Department emergency access. The Fire Chief, pursuant to the City of Poway
Municipal Code, shall approve the road surface type.
3. All automatic gates across fire access roadways and driveways shall be
equipped with approved, emergency, key- operated switches overriding all
command functions and opening gates. A dual keyed or dual switches shall
be provided to facilitate access by law enforcement.
51 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 8
L. Prior to the issuance of a Certificate of Occupancy:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall
be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this
project.
4. After completion of all work, record drawings, signed by the engineer of work,
shall be submitted to Development Services for review prior to a request of
occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of
record drawings is required prior to issuance of occupancy and release of
grading securities. Initial submittal of record drawings at least three weeks
prior to a request for occupancy is recommended.
M. Prior to issuance of a Certificate of Occupancy:
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall
be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this
project.
4. After completion of all work, record drawings, signed by the engineer of work,
shall be submitted to Development Services for review prior to a request of
occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of
record drawings is required prior to issuance of occupancy and release of
grading securities. Initial submittal of record drawings at least three weeks
prior to a request for occupancy is recommended.
52 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 9
N. Upon occupancy the applicant shall comply with the following conditions:
1. The parking areas and driveways shall be well maintained.
2. The owner or operator of the facilities shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this Permit.
3. All landscaping, including areas within the adjacent public right -of -way, shall
be adequately irrigated, and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Poway Landscape
and Irrigation Design Manual. Trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall
not be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
4. No vehicle service and repair shall be permitted in the vehicle storage lot.
5. Security cameras are permitted within the storage lot, but shall be located,
adjusted, and /or shielded so as not to intrude on the privacy of the adjoining
single family homes.
6. Onsite parking shall be made available for employees at all times. Sufficient
onsite employee parking shall be provided to accommodate the peak
employee shift. Employee parking spaces shall be kept clear of vehicles in for
service or repair, and vehicles that are for sale.
7. Employee parking is prohibited within the nearby residential areas.
8. Required employee and visitor parking stalls shall be so labeled by painting
the designation on the asphalt.
9. Outdoor lighting shall be shielded to limit light spillage onto adjoining
properties. All storage lot lighting shall be turned off at 10:00 p.m. each night.
No additional exterior lighting is permitted. Automatic timers shall be installed
on any exterior lighting to ensure compliance with this standard.
10. Parking lot lights located within the proposed storage lot shall be fitted with
cut -off glare control shields, to the satisfaction of the Director of Development
Services, to address any light spillage into adjoining residential areas.
11. All delivery and unloading or loading of new or used vehicles made by
automobile carriers or any other transport shall be made onsite (dealership
premises). All automobile transport carrier vehicles shall enter the site from
53 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 10
Evanston Drive. No delivery and unloading or loading of new or used vehicles
made by automobile carriers or any other transport shall be made on any
public street pursuant to PMC Section 12.26.
12. Onsite loading and unloading of an automobile, car, or pick- up truck, from a
truck with the capacity to transport more than one such vehicle, is not
permitted unless delivery complies with all of the following:
a. No deliveries will occur on public streets or on the access road into the
subject site.
b. No delivery truck will enter residential areas.
c. Delivery hours for vehicles are restricted to between 7:30 am. and 6:00 pm.
Monday through Saturday. No deliveries are permitted on Sundays.
13. Delivery of parts and supplies is not permitted on public streets or on the
subject site. Onsite delivery hours for parts and supplies are restricted to
Monday through Friday, 7:00 a. m. to 7:00 p. m. and Saturday from 7:00 am.
to 6:00 pm.
14. The applicant shall continue to actively participate in the use of the vehicle
delivery/storage lot established by the City at 13875 Kirkham Way in situations
where vehicle storage cannot be achieved fully on the project site, and when
surplus vehicle inventory storage is needed to ensure that adequate onsite
parking is available for employees and customers at the project site.
15. No amplified sound shall be generated by this business. This includes, but is
not limited to, paging, public address, music, or other such devices that may
generate noise audible to the adjacent residential uses.
16. No for -sale vehicles or vehicles that are in for service shall be test driven in the
residential areas surrounding the site.
17. All auto repair, service work, and /or car mechanical washing shall be
conducted entirely within the buildings and not in the stoirage lot.
Section 5: The approval of MCUP 14 -001 and DR 14 -001 shall expire on October 21,
2016, 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 this approval.
Section 6: 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.
54 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 11 .
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular
meeting this 21st day of October, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
55 of 84 October 21, 2014 Item # 3.1
Resolution No. P-
Page 12
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P -14- was duly adopted by the City Council at
a meeting of said City Council held on the 21St day of October, 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CIVIC, City Clerk
City of Poway
56 of 84 October 21, 2014 Item # 3.1
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57 of 84 ATTACHMENT D October 21, 2014 Item # 3.1
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POWAY AUTO GROUP VEHICLE STORAGE PARKING LOT
RICH ANDERSON
13884 & 73910 Poway Rd. Poway, CA. 92084
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— BAPB.AflA A.E.
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OLANA KEOGH CA 9dl]3
ATTACHMENT G
October 21, 2014 'Ifffn
3.1
RESOLUTION NO. P -06 -17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 05 -04,
VARIANCE 05 -15, AND
DEVELOPMENT REVIEW 05 -09
ASSESSOR'S PARCEL NUMBER 323 - 203 -20
WHEREAS, a request for a Minor Conditional Use Permit (MCUP 05 -04),
Variance (VAR 05 -15), and Development Review (DR 05 -11) were submitted by Mark
Abelkop of Poway Auto Group for approval to construct ' a 23,450- square -foot auto
dealership with a 10 -bay service department and to allow the parking lot to observe a
15 -foot front yard setback, where a 20 -foot front yard setback is required and to allow
the building to observe a 0 -foot setback along the rear /north property line, where a
25 -foot setback is required. The subject property is located at 13910 Poway Road,
within the Automotive /General Commercial zone and the Poway Road Specific Plan
area; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on April 4, 2006, the City Council held a public hearing on the
above- referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study was completed on the project. It was
determined that the establishment of the proposed uses of the property will not have a
significant adverse impact on the environment, since potential impacts are less than a
level of significance by the recommended Conditions of Approval. The City Council
hereby approves the Negative Declaration.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for MCUP 05 -04, to allow an auto service use to be established on the
property located at 13910 Poway Road, are as follows:
A. The proposed auto service use is consistent with the title and purpose of Section
17.48.070 of the Poway Municipal Code, the purpose of the zone in which the
site is located, the City General Plan, and the development policies and
standards of the City in that auto service uses are permitted in the A/GC zone
with the approval of an MCUP.
62 of 84 ATTACHMENT H October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 2
B. The location, size, design and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to
adjacent uses in that redevelopment of the site will result in 8 -foot -high masonry
walls being constructed along the property lines shared with adjacent residential
development. The wall will buffer the use and allow it to be compatible with, and
not adversely affect or be materially detrimental to, adjacent uses, residents,
buildings and structures.
C. The harmony in scale, bulk, coverage and density of the proposed auto service
use will be consistent with adjacent uses because the site will be developed with
facilities and buildings that have been designed to be compatible with
surrounding structures.
D. The proposed auto service use will not affect existing public facilities, services
and utilities at the site.
E. The proposed auto service use will not have a harmful effect upon desirable
neighborhood characteristics because a buffer wall, and restrictions on noise and
light have been designed into the project.
F. The proposed auto service use will not affect the capacity and physical character
of surrounding streets and the project is consistent with the circulation element of
the General Plan in that access to the site will be from Poway Road and the
capacity of Poway Road is adequate to handle any traffic generated by the use.
G. The site is suitable for the type and intensity of use, in that auto service uses are
encouraged in the Automotive /General Commercial zone, and the size and
scope of the facility conforms to development standards.
H. There will not be significant harmful effects upon environmental quality and
natural resources, in that the site has been previously graded and developed,
and contains no native vegetation.
There are no other relevant negative impacts of the development that cannot be
mitigated.
J. The proposed auto service use 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.
K. The proposed auto service use will comply with each of the applicable provisions
of Title 17 of the Poway Municipal Code.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 05- 19,-to allow the parking lot of the dealership to
63 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 3
observe a 15 -foot front yard setback, where a 20 -foot front yard setback is required,
and to allow the building to observe a 0 -foot setback along the rear /north property line,
where a 25 -foot setback is required, for the proposed auto dealership and service
department at 13910 Poway Road, within the Automotive /General Commercial zone
and the Poway Road Specific Plan area, are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include the fact that lot depth of the
subject property is less than most other full service dealerships in the area. The
lot shape is also unusual for a commercial development in that the width is over
twice the lot depth; and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because a
majority of dealerships have 3 rows of inventory display and required parking
between the street and the sales building; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the landscaped area between the rear of
the sidewalk and the parking lot will be 20 feet wide when the 15 -foot setback
and 5 feet of right -of -way are combined and in that the elevation of the building
facing the residentially zoned property to the north will incorporate colors that are
consistent with the color palette of the surrounding residential development; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that the commercial property located to the west also maintains a 15 -foot front
yard setback and that a 25- foot -wide driveway will be provided immediately to
the north of the zero -lot -line building. The 25 -foot driveway on the adjacent
property will provide a 25 -foot separation between the proposed building and any
development on the property immediately to the north; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the A/GC zone because an automotive dealership is allowed by
right and a repair facility is permitted with approval of a MCUP; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for DR 05 -09 are made as follows:
64 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 4
A. The project is consistent with the Poway General Plan and has been designed to
comply with commercial development standards, except for the front and rear
yard setbacks, for which a Variance is being sought.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading,
and buildings are in compliance with all City development standards.
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with all City development standards, with the exception of
the front and rear setbacks, for which a Variance approval can be supported.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the proposed structure is consistent
with and complementary to nearby auto dealership properties.
Section 5: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve this project. The
payment of fees toward public improvements is needed as a result of the
proposed development to protect the public health, safety, and welfare as
identified below:
The project requires payment of water, sewer, drainage, and traffic
mitigation fees, which are assessed on a pro -rata basis to finance and
provide public infrastructure improvements to promote a safe and healthy
environment for the residents of the City.
2. The project requires the construction of water and sewer main, installation
of fire hydrants and streetlights, and construction of sidewalk, curb and
gutter and.
Section 6: The City Council hereby approves MCUP 05 -04, DR 05 -09 and Variance
05 -15; a request to construct a 23,450 - square -foot auto dealership with a 10 -bay
service department at 13910 Poway Road and a request for a Variance to allow the
parking lot to observe a 15 -foot front yard setback and the building to observe a 0 -foot
building setback along the rear /north property line. The property is zoned
Automotive /General Commercial, in the Poway Road Specific Plan area. The approval
is based on plans submitted on December 19, 2005, and February 1, 2006, and is
subject to the following conditions:
65 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 5
(Planning)
A. Approval of this Minor Conditional Use Permit, Variance, and Development
Review shall apply only to the subject project and shall not waive compliance
with all other Sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. 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.
C. 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
commercial and residential uses.
D. The terms and conditions of Minor Conditional Use Permit 05 -04, Development
Review 05 -09 and Variance 05 -15 shall be binding upon the permittee and all
persons, firms and corporations having an interest in the property subject to
these permits and the heirs, executors, administrators, successors and assigns
of each of them, including municipal corporations, public agencies and districts.
E. Minor Conditional Use Permit 05 -04 shall be subject to annual review, as
determined by the Director of Development Services, for compliance with the
Conditions of Approval and to address concerns that may have occurred during
the past year.
F. Any changes increasing the intensity of use of the operation beyond what is
being approved shall be considered as a major revision to the Minor Conditional
Use Permit and shall require City Council to approve the request.
G. The applicant shall complete all the public improvements as required by the
Construction and Reimbursement Agreement entered into between BSM
Properties, LLC and the City of Poway on June 23, 2005.
H. Prior to Grading Permit issuance, the applicant shall complete the following:
(Engineering)
1 A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1" = 20', shall be submitted, along with
a Grading Permit application and the applicable fees, to the Development
Services Department- Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division
front counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum
five -foot setback from open space areas and property lines. Any
66 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 6
structure shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and /or Engineering
Division prior to issuance of the Grading Permit.
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the
Regional Standard Drawings.
C. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on -site, de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
d. Locations of all utility improvements (existing and new), together
with their easements. No encroachments are permitted upon any
easement.
e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
f. Paving of the parking lot shall conform to the standards set forth in
Section 12.20.080 of the Poway Municipal Code.
g. Show the easement listed as Item B9 in the Title Report prepared
by Chicago Title Company, Order No. 53030668.
h. Two new streetlights along Poway Road.
2. A drainage study using the 100 -year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and the disposing of all surface water within the project site and
all surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Large concentrated flows over the driveway, and into the street
shall be avoided.
3. A soils /geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
4. The easement shown on the plans stated as Note 4 in the Easement
Notes on the site plan received February 1, 2006, is in conflict with the
building footprint (the building footprint is on top of the east end of the
67 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 7
easement). This conflict shall, be resolved to the satisfaction of the City
Engineer.
5. This project is subject to the Standard Urban Stormwater Mitigation Plan
( SUSMP) for construction and post - construction. The grading plans shall
include the provision of post - construction SUSMP devices, as approved
by the City Engineer, as well as post construction maintenance of SUSMP
devices.
6. The project owner shall file with the State Regional Water Quality Control
Board a Notice of Intent (NOI) for coverage under the Statewide General
Permit, which covers storm water discharges. Proof of filing of the NOI
and an assigned Waste Discharge Identification Number shall be
submitted to the Development Services Department- Engineering Division
prior to issuance of the Grading Permit. Applications for the Notice of
Intent may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467 -2952
7. The applicant shall prepare a Storm Water Pollution Prevention Plan
( SWPPP) that effectively addresses the elimination of non -storm runoff
into the storm drain system. The SWPPP shall include, but not be limited
to, an effective method of hillside erosion and sediment control; a de-
silting basin with a capacity of 3,600 cubic feet of storage per acre
drained, or designed to remove fine silt for a ten -year, six -hour storm
event; a material storage and handling site; measures to protect
construction material from being exposed to storm runoff; protection of all
storm drain inlets; on -site concrete truck wash and waste control; and
other means of Best Management Practices to effectively eliminate
pollutants from entering the storm drain system, including a weather -
triggered action plan. The engineer shall certify the SWPPP prior to
issuance of the Grading Permit.
8. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
9. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum $5,000 cash security deposit is required.
68 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 8
10. Improvement plans for the public on -site water and sewer mains, fire
hydrants and streetlights, and sidewalk, curb and gutter along the Poway
Road frontage, as depicted on the conceptual site plan, shall be submitted
to the Engineering Division for review and approval. The improvement
plans shall be prepared by a State Registered Civil Engineer. The
applicant shall contact the Engineering Division for the amounts of the
plan check fees to be submitted with the improvement plans.
11. The property owner shall attend a pre- construction meeting, at which time
an Action Plan shall be presented that identifies measures to be
implemented during construction to address erosion, sediment, and
pollutant control. Compliance for erosion control shall be provided using
one or more of the following guidelines:
a. Provide an on -site de- silting basin with a volume based on 3,600
cubic feet per tributary acre drained during any earthwork
operations.
b. Cover all flat areas with approved mulch
C. Install an earthen or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a de- silting
basin from the pad.
12. Erosion control, including, but not limited to, de- silting basin(s), shall be
installed and maintained by the property owner throughout construction of
the project.
13. The site shall be developed in accordance with the approved site plans
and conditions of approval on file in the Development Services
Department and the conditions contained herein.
14. Prior to start of any work within City -held easements or rights -of -way, a
Right -of Way Permit shall be obtained from the Engineering Division of
the Development Services Department. This includes construction activity
on Evanston Drive or on Poway Road. All appropriate fees shall be paid
prior to permit issuance.
15. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
(Planning)
16. All new and existing electrical /communication /CATV utilities, if any, shall
be installed underground prior to installation of concrete curbs, gutters
and sidewalks, and surfacing of the streets. The applicant/developer is
69 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 9
responsible for complying with the requirements of this condition, and
shall make the necessary arrangements with each of the serving utilities.
17. The locations and sizes of all utility boxes and vaults within street rights -
of -way shall be shown on the grading plans.
18. Submit landscape and irrigation plans to the Planning Division for review
and approval consistent with the City of Poway Guide to Landscape
Requirements to the satisfaction of the Director of Development Services.
The landscape and irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted. A plan check review fee is
required at the time of initial submittal of the plans. Based on the
preliminary landscape plans submitted on December 19, 2005, the plans
shall be revised to address the following:
a. A tree shall be planted within the parking lot for every 3 parking
spaces that are part of the required 77 parking spaces located out
side the building to the satisfaction of the Director of Development
Services. Trees shall be added to the row of required parking
adjacent to the west and south side of the building. A tree shall
also be added to the northeast corner of the building by the
screening wall.
b. The landscape plans shall incorporate the tree replacement
requirements of Tree Removal Permits 03 -03 and 05 -27, which
approved the removal of all trees from the project site. As such,
the street trees shall include a minimum of two 48 -inch -box trees.
The remaining street trees shall be 36 -inch -box trees. The trees
within the parking lot and along the perimeter wall shall be no
smaller than 24 -inch -box.
C. For parking lot islands, a minimum 12- inch -wide walk adjacent to
parking stalls shall be provided and be separated from vehicular
areas by a six- inch -high, six - inch -wide Portland concrete cement
curb.
d. A minimum 8- foot -high decorative masonry wail shall be installed
along the north and east property lines. A minimum 5- foot -wide
raised landscape planter shall be constructed adjacent to the wall.
A dense evergreen landscaping screen shall be provided in this
planter area.
70 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 10
e. The locations of any new utility boxes over 3 feet in height shall be
noted on the plans, and screening shall be provided to the
satisfaction of the Director of Development Services.
19. All two -way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25- foot -wide emergency vehicle access shall be provided, maintained
free and clear at all times during construction, in accordance with Safety
Services Department requirements.
20. Based on the proposed building area being 14,511 square feet of the
gross floor area of the sales and parts department and 10 service bays, a
minimum of 77 parking spaces shall be provided. The 10 spaces within
the service bays may be counted toward the required 77 parking spaces.
21. All required parking spaces within the parking lot shall be double striped.
The minimum dimensions for required parking stalls shall be 8.5' x 18.5'.
The parking lot design shall comply with the Americans with Disabilities
Act for accessible spaces, with one van accessible space.
22. Wheel stops shall be provided for all parking spaces that front a walkway
less than 6 feet in width and any landscape planters.
23. Marked display stalls are permitted to encroach into the front yard setback
as shown on the project site plan dated February 1, 2006, on file in the
Planning Division.
24. A photometric analysis shall be submitted for review and approval to
demonstrate that the proposed lighting meets the lighting standards of the
Poway Zoning Code and that light is not projected past the property lines
and into the street.
25. The complete application shall be submitted to modify Minor Conditional
Use Permit 00- 006M(2) for the existing dealership located at 13864
Poway Road, to eliminate the parking lot on the east side of Evanston
Drive.
(Public Works)
26. A blind flange shall be installed at each of the northerly limits of the water
main as it enters the property located to the north.
27. The new water mains shall be constructed with 3 valves at its connection
with the existing mains within Poway Road and Evanston Drive.
28. Any pull box found within Evanston Drive near the driveway area shall be
removed.
71 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 11
I. Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform
Building Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of Electrical /Building Permit issuance.
2. The locations of any new utility boxes over 3 feet in height shall be noted
on the plans, and screening shall be provided to the satisfaction of the
Director of Development Services.
3. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School
District for additional information at (858) 679 -2570.
4. The temporary utility poles located on -site or within adjacent rights -of -way
shall be shown on the site plan. All utilities shall be placed underground
prior to occupancy.
(Engineering)
5. Grading shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
6. Prior to delivery of combustible building materials, on -site water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems.
7. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the
engineer of work.
b. A final soil compaction report for review and approval by the City.
8. The following development fees shall by paid to the City, unless other
payee is indicated. The fees and the corresponding amounts are as
follows and are subject to change without further notice. The amounts to
be paid shall be those in effect at time of payment:
72 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 12
Water: 1 inch
Meter $ 270
Expansion Fee $6,678
Service Line $1,430
SDCWA Capacity* $6,646
SDCWA Water Treatment Capacity* $ 255
*To be paid by separate check, payable to the SDCWA.
1 Y2 inch
$ 600
$10,388
$ 1,430
$12,461
$ 478
Sewer connection fee = $26,269.40
Based on (22,300SF _ 2,000 SF /EDU)($2,356.00 /EDU)= $26,269.40
Sewer Line Charge = $2,000.00
Sewer cleanout fee - $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic Impact = $ 21,341.00
Based on (22,300 SF x 58Trips /1000SF x $66/Trip x 0.25)= $21,341.00
Drainage
$1,200.00
9. The applicant shall submit to the City legal descriptions, plat maps, and
plan check fees for public easements for the on -site public water mains,
sewer mains, fire hydrants and their appurtenances. The plan check fee
for each easement is $1,000.00.
10. Prior to start of any work within City -held easements or rights -of -way, a
Right =of Way Permit shall be obtained from the Engineering Division of
the Development Services Department. This includes construction activity
on Evanston Drive or on Poway Road. All appropriate fees shall be paid
prior to permit issuance.
(Planning)
11. The site plan shall show and note all required parking. The site plan shall
clearly identify and distinguish between customer parking, employee
parking and display area. Based on the proposed building area being
14,511 square feet of the gross floor area of the sales and parts
department and 10 service bays, a minimum of 77 parking spaces shall
be provided. The 10 service bay area parking stalls may be counted
toward the required 77 spaces.
12. All outdoor lighting shall be shielded or directed so that no light spillage
shall encroach into adjoining residential properties or onto Poway Road
73 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 13
and Evanston Drive. After 11:00 p.m, all lighting shall be low- pressure
sodium with the overall wattage kept to a minimum in areas closest to the
residential neighbors. Automatic timers shall be installed to insure
compliance with the dark sky /low- pressure sodium requirement. The
maximum height of freestanding light posts shall not exceed 18 feet.
Parking lot lights located within the existing parking lot near Evanston
Drive shall be retrofitted with shields to the satisfaction of the Director of
Development Services.
13. Any proposed security lighting shall utilize low- pressure sodium fixtures.
The fixtures shall be shielded with well- defined cut -off limits to confine
illumination to on -site areas only.
14. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and the conditions of approval, and shall be
noted on the building plans to the satisfaction of the Director of
Development Service.
15. The building plans shall include elevations and cross sections that show
all new roof - mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties and streets, to the satisfaction of the Director of
Development Services.
16. Enclosures shall be constructed for trash and recycling receptacles as
required by current City and State regulations. Construction details shall
be shown on the building plans.
17. The proposed air compressor unit shall be installed within a noise
attenuating enclosure within the building.
18. Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance under a separate Sign Permit.
There shall be no wall signs permitted along the east building elevation.
J. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15 -2, and City of Poway Ordinance No. 64 and its
amended Ordinance No. 526.
2. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front facade of the building. Building address shall also be
74 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 14
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Dept. - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways 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. The 20 -foot
access width is the minimum required for Fire Department emergency
access. In most cases, City Engineering standards will be more
restricting. The more restrictive standard shall apply. The City Engineer,
pursuant to the City of Poway Municipal Code, shall approve the road
surface type.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring company. Double detector check valve assembly and
system post indicator valve(s) with tamper switches shall also be
monitored. These fire protection devices shall be located by the City Fire
Marshal prior to installation.
5. An automatic fire alarm system shall be installed to approved standards
by a properly licensed contractor. System shall be completely monitored
by a U.L. listed central station alarm company or proprietary remote
station.
6. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be
required for the fire sprinkler system Post Indicator Valve.
7. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and maintained at all times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
9. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
10. The addition of on -site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
11. Material Safety Data Sheets shall be required for all hazardous and /or
toxic substances used in each building.
75 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 15
12. An Emergency Contingency Plan and Hazardous Materials Disclosure
shall be filed with the County of San Diego Department of Health and
copies provided to the Fire Department.
13. Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
14. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided
as necessary throughout the building.
15. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior
access man door. Door shall be labeled with a sign indicating "Fire
Sprinkler Riser." When the closet method is chosen, applicant shall
provide 36 inches of clearance from the standpipe or attached additional
risers, accessible by a 3' -0" man door.
16. Ensure pipe size for on -site hydrants will meet fire flow requirements for
the City's housing project located to the north of this development.
K. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The site of the respective lot 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.
2. The applicant shall apply for and receive approval of a modification to
MCUP 00 -006 to remove the display lot on the east side of Evanston
Drive from the project area for the existing dealership located at 13864
Poway Road.
(Engineering)
3. The on -site public water and sewer easements shall be recorded.
4. The applicant shall execute and record a maintenance agreement for
maintenance of the Best Management Practices devices as required by
the Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance.
76 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 16
5. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities, shall be constructed, completed, and inspected by
the Engineering inspector. Driveway aprons shall be constructed in
accordance with San Diego County Regional Standard Drawing G -17,
Alley Aprons.
6. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
7. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.1308 of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
(Planning)
8. All landscaping shall be planted pursuant to the Poway Guide to,
Landscape Requirements and the approved landscape plans.
9. All parking spaces required for employee, customer, and service shall be
marked as such in the pavement.
10. All utilities shall be placed underground.
L. Upon occupancy the applicant shall comply with the following conditions:
The use will comply with the City's Vehicle Delivery Ordinance No. 624.
On -site loading and unloading of an automobile, car, or pick -up truck, from
a truck with the capacity to transport more than one such vehicle, is not
permitted unless delivery complies with all of the following:
a. No deliveries will occur on public streets or on the access to the
future housing site to the north (APNs 323 -203 -18 and19).
b. No delivery truck will enter residential areas.
C. Delivery hours for vehicles are restricted to between 7:30 a.m. and
6:00 p.m. Monday through Saturday. No deliveries are permitted
on Sundays and all deliveries shall occur on site.
2. Delivery of parts and supplies is not permitted on public streets or on the
access to the future housing site to the north (APNs 323 - 203 -18 and19).
On -site delivery hours for parts and supplies are restricted to Monday
77 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 17
through Friday, 7:00 a.m. to 7:00 p.m. and Saturday from 7:00 a.m. to
6:00 p.m.
3. No outdoor paging systems or telephone bells or similar devices shall be
permitted.
4. Employees of the subject use and other business related vehicles,
including customers, shall not park on residential streets. Directional
signs shall be posted along Evanston and Poway Road to direct
customers to on -site customer parking spaces.
5. The service bays shall not be used by employees or any other person
after normal business hours to repair, wash, paint, or otherwise work on
any vehicle, truck, or motorcycle.
6. If cars are to be washed, the washing must be done within the service
bays and the drainage waters directed into the sewer system.
7. To ensure compliance with the traffic, parking and noise mitigation
conditions, the business owner shall provide a summary of the
performance standards noted in this application permit to all managers,
employees, new employees, and business representatives that have the
potential to violate the noted conditions.
8. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
9. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
Section 7: The approval of MCUP 05 -04, VAR 05 -15 and DR 05 -09 shall expire on
April 4, 2008, 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 MCUP approval
prior to its expiration.
Section 8: Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on April 4, 2006.
78 of 84 October 21, 2014 Item # 3.1
Resolution No. P -06 -17
Page 18
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
State of California, at a regular meeting this 4th day of April 2006. j
Mich-5--el P
ATTEST:
'� . / lala, �6z�
L. biane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P -06 -17 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of April 2006, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
L. iane Shea, City Olerk
City of Poway
79 of 84 October 21, 2014 Item # 3.1
Rich Whipple
From: Rich Whipple
Sent Friday, August 08, 2014 2:29 PM
To: 'Steve Saville'
Subject RE: Minor Conditional Use Permit 14- 001 /Development Review
Importance: High
Hi Steve and Kris,
Thank you for submitting your questions on the project.... Here are answers to your questions below answered in RED:
1.) How high is the proposed decorative masonry wall, and is this height measured from the development property,
which for most of us is below grade of our actual properties?
The proposed perimeter wall is eight (8) feet in height which is measured from the development property. The wall
cannot exceed eight (8) feet in height.
2.) Is the proposed wall installed on the exact property line or is their a set back either way?
The exterior wall face on the north side (facing your property) is proposed to be right on the property line. The wall
face is allowed to be on the property line as long as it is designed so that the wall footing does not encroach onto your
Private property.
3.) How will the wall connect to existing fencing between homes?
A property survey will be completed. Prior to or during construction of the wall, if there is any conflict with private
fences the contractor will be required to coordinate with property owners. The contractor though will not be required
to complete any unfinished construction of existing fencing, perpendicular to the wall.
4.) Does the development of the wall take into account any individual landscape /electrical issues of property
owners? For instance, we have a pool pump installation /electrical, a small wall enclosure, one large pecan tree and two
medium -sized citrus trees, and other landscaping that is in the vicinity of the proposed wall. Will these need to be
altered or removed?
The wall will be permitted to be constructed on the property line based on a completed official land survey of the
property. Prior to or concurrent with Building Permit submittal for the wall, the Contractor /Applicant will be required to
confirm any conflict between existing private property improvements and the wall location. The wall may be permitted
to "shift back" if it appears there are significant conflicts.
5.) Typically what type of 15- gallon trees are used every three parking stalls for the landscape buffer?
The Applicant is proposing 15- gallon "Chinese Elm" trees at the rate of approximately every 25 -feet. There are a total of
26 trees on the project The final tree species selection will be at the discretion of the City's Landscape Architect
consultant.
6.) It was difficult to determine on the map -- how tall are the lights, and do they turn off every night at a specific time?
The parking lot light poles are proposed at the municipal code maximum of 18 feet high. A requirement for the project
was the submittal and approval of a photometric lighting study, which has been completed. Per the City's Municipal
Code the Applicant will be allowed to utilize high pressure sodium or LED light sources until 11pm each night. After
11pm the lights if kept on must use Low Pressure Sodium. However, each Conditional Use Permit proiect approval is
evaluated at the discretion of the Poway City Council. If neighbors are concerned, that may state their concerns that
lights in the back be turned off. Also all lighting poles must be equipped with required cut -off shields for glare control.
80 of 84 ATTAICHMENT I October 21, 2014 Item # 3.1
7.) Finally ... what is the construction schedule for the development (or the next step in the process), and will efforts be
made to keep noise and dust levels down during the work?
I am not aware of the construction schedule, however, if approved, the project will have 2 years to have a building
permit issued or it expires. Regarding construction, the project will be required to comply with the California
Environmental Quality Act (CEQA), which will required the preparation and public review of an environmental
document. This document will describe any environmental impacts, such as construction activity involving noise and
dust and the project will be required to comply with all regulations.
After the Neighborhood Meeting, you will also be notified of the environmental document and required public
hearing. I hope this information helps!
Thanks.
Rich
Richard F. Whipple III, AICP
City Planner
City of Poway
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
P (858) 668 -4604
F (858) 668 -1211
rwhipple @poway.ore
Be Green_
From: Steve Saville [mailhn:ssandkb @msn.com]
Sent: Thursday, August 07, 2014 8:12 AM
To: Rich Whipple
Subject: Minor Conditional Use Permit 14-001 /Development Review
Good morning:
We own the property at 13937 Granville Drive (3232030900 on site plan map) and had planned to attend the
neighborhood meeting on Wednesday but were called away on a family emergency. I have a few questions I
am hoping you can answer:
1.) How high is the proposed decorative masonry wall, and is this height measured from the development
property, which for most of us is below grade of our actual properties?
2.) Is the proposed wall installed on the exact property line or is their a set back either way?
3.) How will the wall connect to existing fencing between homes?
4.) Does the development of the wall take into account any individual landscape /electrical issues of property
owners? For instance, we have a pool pump installation /electrical, a small wall enclosure, one large pecan
81 of 84 October 21, 2014 Item # 3.1
tree and two medium -sized citrus trees, and other landscaping that is in the vicinity of the proposed wall. Will
these need to be altered or removed?
5.) Typically what type of 15- gallon trees are used every three parking stalls for the landscape buffer?
6.) It was difficult to determine on the map -- how tall are the lights, and do they turn off every night at a
specific time?
7.) Finally ... what is the construction schedule for the development (or the next step in the process), and will
efforts be made to keep noise and dust levels down during the work?
I am sure these are a repeat of many of the questions asked at the meeting. Sorry we were unable to make it,
and we appreciate your time in answering our questions. You can e-mail us back here ...
Thanks,
Steve Saville and Kris Buenger
13937 Granville Drive, Poway, CA 92064
(858) 231 -0891
82 of 84 - October 21, 2014 Item # 3.1
August 17, 2014
Mr. Rich Whipple III, A1CP
City Planner
City of Poway
Development Services Department
13325 Civic Center Drive
Poway, CA 92074
Rich,
I 1/4
z" NTS A �CFS
I am responding to the proposed plan for the Hyundai Auto Dealership Expansion per the details noted on
the very difficult to read plan drawings that were sent to immediate neighbors of the project. My concerns
are as follows:
1. There is a city requirement for the Dealership to build an 8' wall separating the neighbors from the
project. The wall, including the footing, must stay on the Dealership property. And the wall cannot
exceed 8' measured from the Dealership grade. There are existing fences on the property lines
between each home and the proposed lot. There are several concerns with-the wall-
a. Most of the homeowner's lots are between 2 and 4' higher than the expansion lot. The 8'
required wall does almost nothing to minimize the impact of the- business on the
neighbors.
b. The proximity of 8' wall to the existing fences will hamper/prevent. access to the existing
fences for repair and upkeep.
c. The required wall will have little effect on noise and separation of the business activities
from the neighborhood.
d. The wail will have no impact on reducing light: pollution. -to the hoines_in the area given the
ten eighteen foot light the City requires lo.i.iluminatetheaot
e. Any gap between the existing fences and the 8'` wall- will „leave.a.space that::will fill: with
organic. matter, volunteer plants and. trash that will'have the potential for fires, challenges
with-rodent control and difficulties with maintenance.
f. Wall materials and finish have not been specified and need. to'be_:aligned between the
Hyundai Dealership and the homeowners. A chartreuse. slump block wall Won't cut it.
Further, proximity of the 8' wall to existing fences will prevent the wall from being
adequately finished below the height of the existing fences. This creates potential
problems for the homeowners trying to maintain visual appearance for their properties.
g. The fences in the neighborhood are shared. Repair is supposed to be shared. Since the
City owned the property and now with the current dealership, the fences are largely in
need of repair except for those the City replaced as the old structures were destroyed.
h. Path Forward: The required 8' fence proposal needs adjustment in light of the challenges
fencing faces as articulated in this plan.
2. The security protocol for this plan has the lot fenced off from the Dealership by a standard chain
link gate on the east side of the Dealership that pivots back to the building. This gate will be used
during service hours to access the storage lot to park customer's cars. On the west side of the
building, a fire department compliant gate will be put in place.
a. There is only one fire hydrant and it is outside the lot. This is a concern because the cars
on this lot will be parked at greater density than a normal parking lot. If a fire starts there
is a potential for a rapid spread due to the greater density.
b. Please consider whether there should be another hydrant that can be accessed closer to
the lot that could also be brought to bear for any fires in the neighborhood.
c. Currently, there are no plans for video surveillance. Video surveillance would create a
major security problem for all home owners. The 8' wall is not tall enough to prevent
83 of 84 ATTACHMENT J October 21, 2014 Item # 3.1
video from viewing people's backyards. As a reminder, all houses in the neighborhood
have a majority of their bedrooms facing this lot.
3. As I understand it, the City is requiring ten lighting fixtures on 18' poles. Normal lighting protocol
will be in effect from dusk to 11 pm when low vapor sodium illumination will be in place. I assume
the fixtures will therefore only employee low pressure sodium lamps. Concerns:
a. The height of the poles in relationship to the wall height means significant extraneous
light reaching every yard in the neighborhood. There is no privacy from the tot and no
escaping the lousy light.
b. As mentioned above, every home has most bedrooms facing the lot. The proposed
lighting is a huge detractor for our quality of life. Downward deflectors will only marginally
improve this situation.
c. We are three houses away from the main dealership lot today. Even at 11 pm, we
experience significant light pollution.
d. Path Forward: Lighting strategy needs to be re- thought to dramatically reduce impact to
the neighborhood: Yellow lighting from the sodium lamps, the intensity of the lamps, the
hours of operation, the proximity to the homes, the height of the poles, the position of the
poles on the lot, the number that are required to be in operation at any given time, the
height of the wall, the type. and angles used on the reflectors on the lamps, and the
landscaping all need to be factors in a better lighting strategy for this plan.
4. Landscaping is to include one tree every 20 to 22'. Increasing the number of trees that are
planted would only improve the visual challenges this plan has.
5. As I understand it night deliveries are not allowed. But I have observed deliveries after hours
both late at night and early in the morning. New car off loading is a noisy process. Most delivery
trucks have air brakes. The offloading process is noisy. Offloading should not be done in the
driveway on the north side of the lot.
6. Vehicles that are at the Dealership for service, will be parked along the north wall. This is
immediate proximity to the homes there. This increases the noise level for the residents
especially if there are service hours early on Saturday or after 5pm during the weekdays.
Consider increasing parking for vehicles there for service at the back wall of the building. Perhaps
the first row of vehicle parking closest to the building could be changed from new car parking to
parking for customer vehicles.
Rich I look forward to understanding how this plan will evolve. Could you please let me know when the
revised plan that will be presented to the Counsel will be available for review?
Regards,
Ron Selensky
13913 Granville Drive
Poway, CA 92064
858- 248 -0931
Ron.selensky@att.net
84 of 84 October 21, 2014 Item # 3.1