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Res P-01-42RESOLUTION NO. P-01-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 00-006, DEVELOPMENT REVIEW 00-17, AND VARIANCE 01-11 ASSESSOR'S PARCEL NUMBER 323-201-22 WHEREAS, Minor Conditional Use Permit 00-006, Development Review 00-17, and Variance 01-11 were submitted by Mark Ablekop - San Diego Mitsubishi, for the purpose of _3 a 7,356-square-foot Mitsubishi automobile dealership on a 0.99-acre site located on the northwest corner of Poway Road and Evanston Drive in the Automotive/General C zone; and WHEREAS, on August 14, 2001, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council has considered the E Iai Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution for Minor Conditional Use Permit 00-006 and Development Review 00-17 and public comments received on the ElS and MND. The subject ElS and MND d · lion are fully incorporated herein by th' ~ 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 th l, that the mitigation contained in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgement 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. Section 2: The finding lance with Section 17.50.050 of the Poway Municipal Code to approve Variance 01-11, to reduce the front yard and streetside side yard setback from 20 feet to 15 feet for th parcel, in the Automotive/General C zone, as shown on the site plan dated March 30, 2001 are made as follows: There are special applicable to the site which restrict siting an automobile dealership in that the sit : :1 by two large street front setbacks, a residential/ ' ' 25-foot rear yard setback buffer which together encumber approximately 37% of the 0.99-acre lot in association with a narrow lot depth. Granting the Variance is necessary for the preservation and enjoyment of rights enjoyed by other dealerships and automotive repair facilities. The design of the Resolution No. P- 01-42 Page 2 dealership will not create any significant visual impacts. The dealership is of a design, height and I with the other dealerships and 3air facilities. Therefore, the design and size will be compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural Granting the Variance would not be materially detrimental to the public health, safety, or welfare since the proposed dealership is consistent in scale, bulk, coverage and density of surrounding properties, as it ' ~ ' 25-foot setback from the single-family residences to the north. Granting the V d not constitute a special pdvileg Iwith other properties in the area since other properties have been built to equal or lesser setbacks. Granting the V Id not constil ly that' l with surrounding properties since the automobile dealership use ' I with the General Plan land use and other uses in the vicinity and same zone. Therefore, thero will not be a harmful effect upon desirable neighborhood characteristics. The proposed use is a conditionally permitted use in the Automotive/General C zone. Therefore, the impacts as described above and the conditions under which it would be operated , -1 will not be detrimental to the public health, safety or well :erially injurious to properties or iml; ' the vicinity nor be contrary to the adopted General Plan. Section 3: The City Council finds that Variance 01-11 is Categorically Exempt from the California E Quality Act, pursuant to Section 15305(a) of CEQA, Class 5, in that the front yard and streetside side yard setback reduction for the automobile dealership Iteration to land use limitations which does not' .v changes in land use or density, and is located on a property with an average slope of less than 20%. Section 4: The findings, in accordance with the Section 17.48.070 of the Poway Municipal Code for MCUP 00-006, approving the establishment of 7,356-square-foot automobile dealership, are made as follows: The project' Iwith the General Plan and Zoning Code in that dealerships are conditionally permitted in the zone. That 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, buildings, structures, or natural in that the sound walls Resolution No. P- 01-42 Page 3 have been incorporated into the design, no open doors will face the adjoining residence, th I close at 6:00 p.m., and littl <end repair work is proposed. That the harmony in scale, bulk, coverage, and density' t with adjacent uses because the site will be developed with facilities and buildings which have been designed to be compatible with surrounding That th ale public facilities, :1 utilities because the use will be located in a development where all necessary facilit' :ly in place. That there will not be a harmful effect upon desirable neighborhood ch sound wall :1 light have been designed into the facility and conditionally required during its operation. That the g I traffic will not adversely impact the surrounding 'l/or the City's Transportation Element, in that the use will operate in an area where existing and proposed street imp :1 adequate off-street parking have been incorporated into the project. That the site is suitable for the type and intensity of the use, in that automotive dealerships and repair facilit' ;]ed in th' :1 the size and scope of the facility has been reduce to fit the site. That there will not be significant harmful effects upon Iai quality and natural in that the site has been previously graded and developed and contains no native vegetation. That there are no otb be mitigated. negative impacts of the development that cannot The impacts, as described in subsections (A) through (I) of Section 17.48.070, and the location, size, design and operating ch ~the proposed use and the conditions under which it would be operated :1 will not be detrimental to the public health, safety or welfare, or materially injurious to properties or imp ' the vicinity nor be contrary to the adopted General Plan. K. The proposed minor conditional use will comply with each of the applicable p ' ' ~ Section 17.48.070 of the Poway Zoning Code. Resolution No. P- 01-42 Page 4 Section 5: The findings, in accordance with Section 17.52.010 of the Poway Municipal Code for DR 00-17, for a 5,016 square foot automob trice and a 2,349-square- foot automol' facility are made as follows: The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties because the buildings have been designed to be architecturally compatible with other automobile dealerships and repair facilities in the area. The development encourages the orderly and h and property within the City through its development standards. ! structure with the City of Poway Section 6: The findings, in accordance with G public imp are made as follows: Code Section 66020 for the The design and imp =the proposed development I with all elements of the Poway General Plan as well as City ordinances because all necessary :1 facilities will be available to serve the project. The provision of public improvements and payment of development f :led as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Drainage improvements shall be provided for th trace water runoff; and 2. Water and sewer fees shall be paid and on-site imf :l to provide water and to the development; and Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 7: Minor Conditional Use Permit 00-006, Development Review 00-17, and Variance 01-11 consisting of the development of a 7,356-square-foot Mitsubishi automobile dealership as shown on the plans dated March 30, 2001, are hereby approved subject to the following conditions: Within 30 days of approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. -- Resolution No. P- 01-42 Page 5 E= Approval of this request shall not all other applicable City ord' 31iance with the Zoning Ord :1 ~'ect at the time of building permit issuance. The use conditionally granted by this permit shall not be conducted in such a to interfere with th 31e use and enjoyment of th :ling residential and uses. This Minor Conditional Use Permit may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h :l during the past year. 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 Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances. Th :1 operators of the Mitsubishi automobile dealership, and subsequent shall abide by all required state and local permits and agreements obtained for the and operation of this facility. Any changes in operation, level of service, or responsibilities beyond what was originally approved shall be considered ' ' to the Conditional Use Permit and shall require City Council to approve requested. Prior to grading permit issuance, unless other timing is indicated, the applicantJdeveloper shall complete the following: Submittal to the City for review and approval of precise grading plans, erosion control plan, pollution prevention plan, grading permit application and geotechnical reportJs to the Development Services Department. a= Grading of the project shall be in substantial with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. Resolution No. P-01-42 Page 6 A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. All driveway approaches to the development shall be with alley-type curb returns. E lrol, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. An erosion control plan shall be prepared bythe project's civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. Th pollution prevention plan (SWPPP) shall be prepared. The SWPPP shall provide the erosion, sedimentation and pollution control to be used during A right-of-way permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. The applicant/developer shall pay the following fees and grading securities: Grading permit, plan checking, inspection, right-of-way permit, and geotechnical review fees. The grading permit fee shall be paid at first submittal of grading plans. b. Posting and/or payment of grading securities. City approval of soils report and grading plans. Submittal of a request for and hold a p meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited I 3contractors, project civil engineer and project soils engineer must attend the preconstruction meeting. Prior to construction of public improvements, i.e., for new fire hydrants installation and a war lateral, unless other timing is indicated, the applicant/developer shall complete the following: Resolution No. P- 01-42 Page 7 Submittal to the City for review and approval of improvement plans for fire hydrants installation to the Development Services Department for approval. Fire hydrants shall be installed at locations determined by the City Fire Marshal. ^ water system analysis may need to be prepared to analyze the fire flow and pressure requirements established by the City Fire Marshal. The applicant/developer shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. A new water service lateral shall be installed if the existing lateral is not sufficient to handle a larger size of Imp shall be :1 in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego suppl :1 the current San Diego Regional Standard Drawings. All new and existing electrical/ 'CATV utilities shall be installed underground. The applicant/developer is responsible for complying with the requirements of this condition, and shall make th ~y arrangements with each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights-of- way and the City's general utility easement shall be shown on the improvement plans and/or grading plans. All utility boxes shall be located away from the main entrances and screened to the satisfaction of the Director of Development Services. The applicant/developer shall pay the following fees and post or pay approp ' lies: a. Improvement plan checking and inspection fees. bo Perr ri payment securities. The City Engineer may waive th Iies if substantial amount of grading is completed prior to installation of public improvements and th rficient amount of grading securities still held by the City to complete the remainder of the grading works and public imp c. Right-of-way and/or encroachment permits, if required as hereupon mentioned. 10. 11. Resolution No. P- 01-42 Page 8 Submittal of a request for and hold a preconstruction meeting with a City Engineering inspector. The applicantJdeveloper shall be responsible that necessary individuals, such as but not limited to, cont h project civil engineer and project soils engineer must attend the p meeting. A right-of-way permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held No private imp lall be placed :1 within public street rights-of-way or City easemenl .¢ one of the following is satisfied: An encroachment permit has been issued by the City for the imp ~ 'or An encroachment removal agreement has been executed by the develop ,~ :1 subsequently approved by the City; or Approval of grading or improvement plans, on which a right-of-way permit has been issued for the private imp to be The City reserves the right to choose any or all of the above, under certain .3en City d *y. The applicant/developer shall cause the dedication of the following easements to the City: If there is a new public water line extension to service new fire hydrant/s installal' I ' ' ! 20.00 feet wide for each new public water lines located outside the public street right-of- way, shall be dedicated to the City. Recordation of the in the office of the San Diego County Recorder may be deferred, with the approval of the City Engineer, prior to : building occupancy. Standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego suppl :1 the current San Diego Regional Standard Drawings. Resolution No. P- 01-42 Page 9 12. All new and existing electrical/ ~CATV utilities shall be installed underground prior to installation of concrete curbs, gutters, sidewalks and surfacing of the streets. The applicant/developer is responsible for complying with the req of this condition, and shall make the necessary arrangements with each of the serving utilities. 13. The locations and sizes of all utility boxes and vaults within street rights-of- way and/or City', ls shall be shown on the improvement plans. 14. All driveway approaches to be developed shall be with alley-type curb returns. 15. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. 16. The applicant shall investigate the potential drainage/read easement extending north from the subject pamel to Vista View Court near the northwest corner of the property to determine if the sound attenuation wall on the north property line can be extended to the west property line. This ext Id tie in with the wall and gate proposed for APN 323-201-05. The final determination of the appropriateness of extending the wall shall be subject to the sal ;the City Engineer. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be satisfied: 1. Completion of and approval by the City of rough grading of the project site. 2. City approval of soils compaction report. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. Payment of development fees to the City, unless other payee is indicated. The amounts to be paid shall be those in effect at time of payment. Water base capacity fee* (Resolution No. 91-123) For 1" meter For 11/2" meter Otb = $ 6,678.00 per meter = $10,388.00 per meter = Contact Engineering Division Resolution No. P- 01-42 Page 10 Water meter fee* (Resolution No. 91-123) For 1" meter = $ 270.00 per meter For 11/2'' meter = $ 600.00 per meter Otb = Contact Engineering Division SDCWA capacity charge* (applicable to potabl y) - To be paid by a separate check, payable to San Diego County Water Authority but remitted to the City. For 1" meter For 11/2" meter Oth ; S $ S Traffic mitigation fee Drainage fee Park fee = $3,206.00 per meter = $6,012.00 per meter = Contact Engineering Division " fee = None l fee = None t inspection fee = None = None -- None = None Prior to City's approval for occupancy and release of securil' is indicated, the following conditions shall be satisfied: 2. 3. 4. Completion of public improvements. ~her timing City approval of record drawings of the grading and improvement plans. Dedication of to the City for new public water lines, if any. Posting of a warranty bond for the constructed public water system improvements. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. PeK Iies for public imp ~ posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 10. 11. 12. Resolution No. P-0].-42 Page 11 Payment securities and remaining performance securities, if any, shall be released than 90 days after City's acceptance of imp posting of warranty security, and approval of record drawings. The building elevation shall show all roof appurtenances, including air conditioners, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. Trash receptacles shall b :1 within a 6-foot-high masonry wall with view-obstructing gates pursuant to City standards. Location shall be away from the residential buildings, if possible, and subject to approval by the Director of Development Services. Any signs proposed for this development shall be designed and approved in conf :h the Sign Ord' :ler a separate sign permit. The applicant shall Landscape Maintenance District 86-3. Lighting shall comply with the following: All outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road After 11:00 p.m. all lighting shall be Iow pressure sodium with the overall wattage kept to a ' ' l to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow pressure sodium requirement. The height of freestanding light posts shall not exceed 18 feet. All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such that the light is directed away f :1 adjoining properties. III would be integrated with the architecture of the building and/or as appropriate placed on th :1 wall. d. The intensity of light at the boundary of any single-family zone shall not exceed 75-foot lamberts f ~ reflected light. 13. 14. 15. Resolution No. P- 01-42 Page 12 Lighting along the rear (north) property boundary shall not directed or shine beyond the eight-foot buffer wall. This includes display lighting along Poway Road. ^ detailed landscape and irrigation plan shall be submitted for review and approval by the Director of Development Services. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Reg ' (latest edition). All parking lot landscaping shall include a ' ' :one 15-gallon size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided and be separated from veh by a 6-inch-high, 6-inch-wide Portland I curb. All parking spaces shall be double striped. The parking lot design shall comply with the ,~ :h Disabilities Act; i.e., 1:25 ratio 1' 31e spaces with at least 31e space. Street trees, a ' ' 115 gall larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing Community Road. The applicant shall make every effort to retain the existing street trees. Additional trees may be required to meet City standards. All landscaped areas shall be :1 in a healthy and thriving condition, free from weeds, trash and debris. The developer shall increase the height of the sound wall on the northern property line from six feet to eight feet in height utilizing a material and color that will create a uniform decorative appearance to the entire sound wall to the sat ! the Director of Development Services. The developer shall submit plans for an eight-foot-high sound wall along the ly zoned east frontage of the single family home located to the northwest of the subject parcel and whose legal access to their residence is through the subject parcel, ^PN 323-201-05. The wall, which shall be :1 of a material and color that is similar to the adjacent wall on the northern property line of the auto service site, shall incorporate an 18-foot wide ly controlled solid gate. Control of the gate shall be the responsibility and at the will of the residential property owner. The wall and -- Resolution No. P-0].-42 Page 13 gate shall be constructed subject to the approval of the Director of Development Services. 16. The mature landscaping along the north property boundary shall be protected in place as shall the mature street trees along Poway Road. Any modification shall be subject to the approval of the Director of Development Services. 17. The applicant shall eith ' th I along the west property line or find an alternative location on-site to :late the four parking spaces located within the easement. Approval of the relocation of the parking/or easement shall be subject to the Director of Development Services. K. The following req the Safety Services Department shall be met: Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. The buildings shall display th ' :Id ~)le from th .. M :the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a lisfactory to the Director of Safety Services, and meeting Sheriffs Dept.-ASTREA criteria. Every building hereafl : -I shall be accessible to Fire Department apparatus by way of :/ways 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 The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The sales office building will be required to install an approved fire sprinkler sy :lng P.M.C. req The entire system is to b by a central monitoring company. System post ind' :h tamper switch -I, are to be located by the City Fire Marshal prior to installation. An automatic i- ./stem shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central 3any or proprietary ' Resolution No. P-01-42 Page 14 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. A 'Knox' Security Key Box shall be required for sliding gate to the single-family home accessed through the project site at a location determined by the City Fire Marshal. Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of and -I at all times until construction is completed. Permanent :lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 10. Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 11. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 12. Prior to delivery of combustible building material on-site, water and sewer systems shall satisfactorily pass all required tests and b ' :1 to the publ :1 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 const Iy has been substantially completed to the sal' : the City. 13. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man door or shall be located inside an enclosed closet with an exi 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 from the standpipe or attached additional risers, accessible by a 3'0" man door. 14. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the buildings. Upon occupancy the applicant shall comply with the following conditions: 1. There shall be no delivery of parts or supplies after the hour of 6:00 p.m. -- Resolution No. P- 0].-42 Page 15 2. The compressor doors shall remain closed at all times unless during 10. 11. The sales office b I be open Mondaythrough Friday from 8:00 a.m. to 9:00 p.m., with the service bays open from 7:30 a.m. to 6:00 p.m. On Saturday, the sales office will be open from 9:00 a.m. to 7:00 p.m. and 10:00 a.m. to 7:00 p.m. on Sunday. Th :1 parts depad -I on Saturday and Sunday 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, .tcle. The gate connecting the north elevation between the two buildings shall J 1' .~enuation purposes during operating hours of the service facility. There shall be no delivery of vehicles after normal working hours, nor shall the rear .¢ be utilized to unload vehicles. Vehicles shall be unloaded from carrier truck only along Poway Road, with a right-of-way permit, or in the front .¢ between the buildings and Poway Road. When repairing vehicles, the service bays facing the sales office shall be used first. Only when there is a sufficient demand for additional work shall the west facing stalls be used and the bay doors open. Employees of the dealership and other business related vehicles shall not park in the residential zones along Evanston Drive, Granville Drive and adjoining streets. If cars are to be washed, the washing must be done within the service bays and the drainage waters directed into th ystem. No outdoor paging systems or telephone bells or similar devices shall be permitted. If the applicant proposes to have the car transport vehicles park in the street, the applicant shall advise each car transport company that a right-of-way permit from the City of Poway is required. Resolution No. P- 01-42 Page 16 12. Car transport trucks are prohibited from making after hour deliveries or turning around in residential streets. If they begin to unload prior1 they must finish unloading prior to the reg ;I of the business. 13. If because of complaints associated with violation of the car transport delivery regulations, or employee and/or other b ' :l vehicles parking in the residential neighborhood, and a residential parking program is required, the applicant shall be financially responsible to cover all the costs associated with the implementation of the program. 14. T 31lance with the traffic, parking and noise mitigation conditions, the b lall provid 3/of the pert' :lards noted in this application permit to all managers, emplo~ 31oyees, and business representatives that have the potential to violate the noted conditions. 15. The applicant shall denote employees and customer parking on the parking lot. 16. Wash bays and all .1 with lall be designed to drain to sump '' .~ clarifier and separator systems, which adequately remove waste by-products. The remaining waste will be plumbed to the public sewer system. Design details shall be required upon building plan check submittal. Section 8: The terms and conditions of Minor Conditional Use Permit 00-006 and Development Review 00-17 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, ad :l assigns of each of them, including municipal corporations, public ag :l districts. Section 9: This approval shall b I and void if building this project by August 14, 2003 at 5:00 p.m. :issued for Section 10: Pursuant to G I Code Section 66020, the 90-day approval period in which the applicant may pretest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on August 14, 2001. Resolution No. P- 01-42 Page 17 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a reg ' :1 this 14th day of August 2001. ATTEST: oples, Cl~rk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 01-42 , was duly adopted by the City Council at a meeting of said City Council held on the 14th day of August 2001, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: NONE L~ori Ann: p~oples, City~' Cle~~J City of Poway Resolution No. P- 01-42 Page 18 Noise EXHIBIT A two feet onto tt' : sound wall to make F a solid eight-foot high sound wall occupancy permit Construct an eight-foot high sound wall, that P incorporates an 18-foot wicJ gate along the occupancy permit fronta~ ~ J northwest and adjacent to the subject parcel No air conditioning units are I: the day care building. · Je of During operations No outdoor paging systems or telephone bel devices shall be permitted. During operations There shall be no delivery of parts or supplies after the During operations hours of 6:00 p.m. The compressor doors shall except during J at all times During operations T be oF ~h Friday from 8:00 a.m. to 9:00 p.m., with the service bays open from 7:30 a.m. to 6:00 p.m. On Saturday, the sales office will be open from 9:00 a.m. to 7:00 p.m. and 10:00 a.m. to 7:00 p.m. on Sunday. The service and parts departments are closed on Saturday and Sunday During The service bays shall not be used by employees or any other person after normal business h ; on any vehicle, truck, or During operations App Applicant Applicant Applicant Applicant Applicant Applicant Applicant Traffic When repairing vehicles the service bays facing the sales office shall be used first. Only when there is a sufficient demand for additional work shall the west facing stalls be used and the bay doors open. The gate connecting the north elevation between the purposes during operating hours of the service facility. There shall be no delivery of vehicles after normal working hours. Nor shall ti" t be utilized to unload vehicles. Vehicles shall be unloaded from the ( only along Poway Road, with a right-of-way ' the front accessway between the buildings and Poway Road. During operations During During Applicant Applicant Applicant ighting Resolution No. P- 01-42 Page 19 vehicles shall not park in the residential zones along Evanston Drive, Granville Drive and adjoining streets All outdoor light fixtures, including but not limited th illuminated signage, decorative building or landscap lighting, illuminated facilities, and parkin lot lighting 3all be turned off between the hours of 11:00 p.m. and sunrise, except when used for security purposes, illumination of roadways, sidewalks, and similar safety-related Automatic timing devices shall be integrated into all new or modified lighting systems to turn off lights at 11:00 p.m. All lighting used in parking lots, for security purposes or similar safety-related uses, shall be Iow-pressure sodium except where the City Council has issued an exemption permit to allow high-pressure sodium lighting. The City Council may issue such exemption permits where the City Council finds that unusual dictate the use of brighter lighting for During operations During operations All exterior lighting shall be scheduled so that light rays emitted by projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed -I adjoining II] ~ould be integrated with the architecture of the building and/or as appropriate placed on the rear During operations Prior 1 uilding permit PP Applicant Applicant Applicant Applicant o. Freestanding lamp posts shall be no taller than 18 feet. p. The intensity of light at the boundary of any single- family zone shall not exceed 75-foot lamberts from a source of reflected light. q. Lighting along the rear (north) property boundary shall not directed or shine beyond the eight-foot buffer wall. This includes display lighting along Poway Road Prior t uilding permit During operation During operation Applicant Applicant Applicant