Res P-01-64RESOLUTION NO. P-01-64
A RESOLUTION OF THE CITY COUNCIL
Of THE CiTY OF POWAY, CALIFORNIA
RESCINDING CITY COUNCIL RESOLUTION NO. P-99-41 AND
APPROVING MODIFICATIONS TO MINOR CONDITIONAL USE PERMIT 99-03
AND DEVELOPMENT REVIEW 99-06
ASSESSOR'S PARCEL NUMBER 317-190-15, 16, 17, 18, 20, 28 and 39
WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to Minor Conditional Use
Permit 99-03 and Development Review 99-06, submitted by First America Automotive,
applicant; and approved the request to construct an auto dealership on a 3.63-acre
property located at 13741-13761 Poway Road within the Automotive General C
zone. The project : a 22,550-square-foot new car sh ~ building, a
1,572-square-foot detached used car showroom building, and a combined total of 75
employee/customer parking stalls; and
WHEREAS, pursuant to Section 17.48.150 of the Poway Municipal Code the City
Council determined, on October 2, 2001, to set a public hearing to modify or revoke MCUP
99-03 due to Poway Honda's failure to fully comply with the project Conditions of Approval
and all the requirements of the Poway Municipal Code; and;
WHEREAS, on December 11,2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to Minor Conditional
Use Permit 99-03 and Development Review 99-06 and determined that additional project
Conditions of Approval are necessary to protect the integrity of the adjacent residential
neighborhood.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that the proposed project has been adequately
addressed in, and is within the scope of, the Mitigated Negative Declaration (MND)
approved in with MCUP 99-03/DR 99-06 dated May 18, 1999. The subject
E Iai Initial Study and MND documentation are fully incorporated herein by this
The City Council further 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
l.
Section 2: The findings for Minor Conditional Use Permit 99-03, pursuant to Section
17.48.070 of the Poway Municipal Code, are made as follows:
The project' I with the Poway Road Specific Plan and the Poway General
Plan in that auto repair and lowed within the A ~' General
C zone with the approval of a Minor Conditional Use Permit.
Resolution No. P-01-64
Page 2
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, building 3at th ~eration will
be conducted within a building designed to buffer noise from the residential
neighborhood to the south.
That the scale, bulk, coverage, and density' : with adjacent uses, in that
the use will be located on a site that will be developed in accordance with established
City zoning and development guidelines t' projects.
That th
31e public facilities, services, and utilities to serve the use.
That there will not be a harmful effect upon desirable neighborhood ch ' '
that an 8-foot-high masonry wall is required along the southerly property line !o buffer
the use from the residential neighborhood to the south, and all repair and (
will be completed within a building.
That the generation of traffic will not adversely impact the surrounding streets and/or
the City's Circulation Element in that the trail generated by the use can be
readily handled by the existing roadways.
That th Iable for the type and intensity of use and development proposed in
that the site is in an area designated 1' use and the project will require
that an 8-foot-high masonry wall b :l along the southerly property line to
buffer the use from the residential neighborhood to the south and ail repair and
~ will be completed within a building.
That there will not be significant harmful effects upon th quality and
natural in that the partially developed subject property will be completely
redeveloped and the use will operate within a building designed 1 :late auto
:1 repair use.
I. That th :h
I impacts of the proposed use that cannot be mitigated.
Section 3: The findings for Development Review Permit 99-06, pursuant to Section
17.52.010 of the Poway Municipal Code, are made as follows:
The approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the site and the
buildings have been designed in accordance with the Zoning Ordinance with
consideration for scale, size, orientation and architectural style to provide a well
balanced project.
B. The development is in compliance with the City of Poway development standards.
Resolution No. P-0].-64
Page 3
The development encourages the orderly and h app I structure
and property within the City through il ' ! with the Zoning Ordinance, the
Poway Road Specific Plan and the Poway General Plan, which provides high
standards for development.
Section 4: The City Council hereby approves a modification to Minor Conditional Use
Permit 99-03 and Development Review 99-06 to for an auto dealership on a 3.63-acre
property located at 13741-13761 Poway Road within the Automotive General C
zone subject to the conditions below. The project : approximately 22,550-square-
foot of new car sh building, a 1,572-square-foot detached used car
showroom building, and a combined total of 75 employee/customer parking spaces.
Conditions, which constitute mitigation requirements, are designated by the use of an
asterisk (*).
Within 30 days of approval, (a) the applicant shall submit in writing that all Conditions
of Approval have been read and understood, and (b)the property owner shall execute
a Covenant Regarding Real Property.
The use conditionally granted by this permit shall not be conducted in such
as to interfere with th ~le use and enjoyment of surrounding residential and
uses.
This Minor Conditional Use Permit shall be subject to annual review 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. If the permit is not in
compliance with the Conditions of Approval, or the Development Services Department
h :1 complaints, the required annual review shall be set for a public hearing
before the City Council, to consider modification of the use permit.
D. Upon occupancy, the applicant shall complywith the following condit'
timing is indicated:
:her
*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 p :lium with overall wattage kept 1 ' '
in areas closest to the residential neighbors. Automatic timers shall be
installed to insure compliance with the dark sky/Iow pressure sodium light
requirement. The height of freestanding light posts shall not
exceed 18 feet.
*No amplified sound shall be generated by the business; this includes but is
not limited to paging, public address systems, music systems, security
sy: y other such device, which may generat :lible to the
surrounding residents.
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Resolution No. P-01-64
Page 4
*All repair and work shall be conducted within work bays.
Mechanical equipment shall be sound buffered so as to produce the least
audible noise possible to surrounding residents. The use of equipment such
as air tools and comp :l th ~ shall be limited to between
the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 8:00 a.m. and
1:00 p.m. on Saturday. Th lall not be opened for b
Sundays.
*No vehicles are permitted to be road tested within the residential
neighborhood to the south.
*C ~all be restricted to the daytime business hours of 8:00 a.m. to
5:00 p.m. Monday through Saturday.
Employee parking shall be prohibited within the residential neighborhood.
The applicant shall provide all of its employees with a written parking policy
that states the employees shall not park in the adjacent residential
neighborhood. The applicant shall ensure that adequate parking for
:1 employees is provided onsite at all times.
A ' ' ~75 employee and customer parking spaces designated on the
approved site plan on file with the City shall be designated as such with
signage painted on the asphalt and shall at all times be kept free of vehicle
for sale product.
T ' 31iance with the traffic, parking and noise mitigation conditions,
the I~ lall provid 'y of the peri :lards
noted in this application permit to all managers, employ 31oyees,
and business representatives that have the potential to violate the noted
conditions.
If, because of complaints associated with violation of the car transport
delivery regulations, or employee and/or other b :ed vehicles
parking in the residential neighborhood, a residential parking program is
required, the applicant shall be financially responsible to cover all the costs
associated with the implementation of the program.
The applicant shall provide all employees with a map of the route to be used
to test drive vehicles. The route shall not include Gate Drive or Fairgate
Drive. Locking gates shall be installed across the two driveways onto Gate
Drive to the sat " :the Director of Development Services. The gates
shall be kept secured at all times with a lock, which ' 31e to the Fire
Marshal.
Resolution No. P-01-64
Page 5
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The right turn only sign shall b
until such time as those driveway
:1 at the driveways onto Gate Drive
,1 per condition #9 above.
Poway Honda shall be responsible for advising all of their vehicle
transporters of the prohibition of d Gate Drive and shall ensure
that a Right-of-Way Permit is obtained from the City for d :le on
Poway Road.
Car transport trucks are prohibited from making after-hours deliveries or
turning around in residential streets. If they begin to unload prior t
they must finish unloading prior to the reg ' 3 of the business.
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, /cie.
The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
The Poway Road elevation of the new car showroom building plans are
approved as follows: (a) The exterior finish of the entry rotunda and the 12-
inch x 12-inch accent wave band may be metal, and (b) the color of the
rotunda and accent band may be "Honda" blue.
The appropriate Building Division approvals and fees shall be received prior
to Building Permit issuance.
All new utilities shall be installed underground. Completion of
undergrounding shall be prior 1' : a Certificate of Occupancy.
School impact fees, which are presently $0.33 per square foot of assessable
area, shall be paid prior 1 I building permits.
Approval of this request shall not ~liance with all ' the
Zoning Ordinance and all other applicable City ordinances in effect at the
time of building permit issuance.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ord' :l:ect at
the time of building permit issuance.
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Resolution No. P-01-64
Page 6
*A slump block wall, ' ' 18 feet in finished height wh -I
from the interior of the dealership property, shall be :t along the
southerly property line prior to certificate of occupancy.
Trash receptacles shall be enclosed by 6-foot-high masonry walls with view-
obstructing gates pursuant to City standards. Locations shall be subject to
approval by the Development Services Department prior to building permit
issuance.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened f :1 sound buffered from adjacent properties
and required by the Development Services Department.
*Wash bays and all :1 with ~all be designed to
drain to sumps containing clarifier and separator systems which will
adequately byproducts. Th ' ' ,~ water will be plumbed
to the publ' ,¢stem. Design details shall be required upon building
plan check submittal.
Complete landscape construction d shall be submitted to and
approved by the Development Services Department prior to th ~
building permits. Plans shall be prepared in accordance with City of Poway
Guide to Landscape Requirements (latest edition). This is a separate permit
submittal to the Poway Development Services Department and a separate
plan check from the building.
A concrete curb shall be :1 along the inside and outside of the
landscape planter proposed along the easterly property line to define and
contain the landscaping soil.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the property owner.
*Prior to grading permit issuance, the hazardous mat ' p shall be
completed in accordance with the Woodward-Clyde report on file in the
Development Services Department and post clean-up testing has been
certified by the County Hazardous Management Department.
All landscaped areas shall b :l in a healthy and thriving condition,
free from weeds, trash and debris. The trees shall be encouraged and
allowed t :ural form. Pruning should b ' :1 to maintain the
health of the trees and to protect the public safety. Unnatural
pruning, including topping, is not permitted.
_ Resolution No. P-01-64
Page 7
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All signs proposed for this project shall be designed and approved in
Ih the Poway Sign Ordinance.
A minimum of one parking stall per 400 square feet of gross floor area is
required for the project. Each of the required parking spaces shall have
minimum d ' 8.5 feet x 18.5 feet.
Project driveway entrances shall be enhanced with enriched paving.
All parking lot landscaping shall includ ' ' 'one 15-gallon size tree
for every three spaces. For parking lot island ' ' 12-inch wide walk
adjacent to parking stalls shall be provided and be separated from vehicular
areas by a 6-inch high, 6-inch wide Portland ).
All two-way traffic aisles shall b ' ' '25 feet wide. A minimum 25-
foot-wide emergency access shall be provided and , :1 free and clear
at all times during construction in accordance with Safety Services
Department requirements.
Permit and plan check fees shall be paid upon submittal of the grading plan.
Development fees, including but not limited to, d :1 irrigation water
service fees, remaining sewer sewer cleanout, and sewer
inspection fees shall be paid prior to Building Permit issuance.
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
A grading plan for the development of the property, prepared on a standard
sheet of mylar and drawn at a scale of 1" -- 20', shall be submitted to the
City's Development Services Department for review and approval prior to
I a grading permit and start of grading operation. Rough grading
of the site must be completed and shall meet the City's Development
Services inspector's approval prior I ~ a building permit.
Existing telephone, gas, electric, water, sewer, and other public utility lines
and appud qall be shown on the grading plans.
A soils report shall be prepared by a qualified engineer licensed by the State
of California to perform such work. Copies of the report shall be submitted
with the grading plan.
All new slopes shall b !2:1 (horizontal to vertical). There shall
be a 5-foot between toe of slope and face of curb.
Resolution No. P- 0].-64
Page 8
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A final compaction report shall be submitted and approved prior 1'
of Building Permits.
A certification of line and grade, prepared by the project civil engineer, shall
be submitted prior to' :building permits.
Erosion control, including but not limited to desiltation basins, shall be
installed and ' :lfromOctober15thtoApri115th. A lrol
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The developer shall make provisions to insure the
proper maintenance of all lrol devices throughout their intended
life.
All pavement structural ~all be submitted to, and approved by the
City Engineer. Pavement ~all conform to th ' ' quired
by the Poway Municipal Code Section 12.20.080. This includes the street, as
well as the parking lot pavement.
All existing unused driveways to the property shall be removed, and full curb,
gutter, and sidewalk shall be restored to the City of Poway's standards.
Weed and vegetation growth along the curb on Gate Drive shall be
eliminated by the use of special weed killers, or other approved methods.
All damaged offsite public works facilities, including parkway trees, shall be
repaired and replaced prior! I bonds and improvement, to the
sat I the Director of Development Services.
Prior to any work performed in the public right-of-way or City-held
a Right-of-Way Permit shall be obtained from the Engineering
Services Division and appropriate fees paid, in addition to any permit
required.
All proposed driveways to the site shall be alley apron type entries per
Regional Standard Drawing G-17 with handicap ramps on both sides.
The proposed water and ;tions for the new facility shall be made
on Gate Drive, if possible, to avoid trenching and excavation on Poway Road.
A new street light shall be provided by the developer on Gate Drive and on
Poway Road per the City of Poway standards, at locations along the property
frontage as approved by the City Engineer.
~__ Resolution No. P- 0!-64
Page 9
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intersection drains shall be required at locations specified by the Director of
Development Services and in accordance with standard engineering
practices.
A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto the
project from adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the Director of
Development Services to properly handle the drainage.
Concentrated
driveways and/or sidewalk shall not be permitted.
Onsite valley gutters shall b ' '
feet wide.
No parking space shall be allowed within City
approved by the Director of Development Services.
:herwise
Applicant shall comply with City of Poway, State and Federal Regulations in
regards to Storm Water Pollution control.
All proposed utilities within the project shall be installed underground.
Utility easements shall be provided to the specification of the serving utility
companies and the Director of Development Services.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required.
Wa1 :1 fire p
meet the req
Department of Health.
/stem shall be designed and :1 to
of the City of Poway and the County of San Diego
The need for the new fire hydrants will require the preparation of a water
system analysis to establish the proper size and location of the public water
system. The applicant shall pay to the City the cost of the preparation prior to
the submittal of the grading plan. Water System Analysis 1' follows,
and they may change at any time without p
One Fire Service
Two Fire Service
More than Two Fire S
_ looped Onsite System
$1,250.00
$1,850.00
$2,800.00
Resolution No. P-01-64
Page 10
64.
This approval is based on the existing site conditions represented on the
proposed site plan. If the actual conditions vary from representations, the site
plan must be changed to reflect the actual Any
changes to the site plan must be approved by the Director of Development
Services, and may require approval of the City Council.
65.
Prior to building p ~propriat
paid to the City's Engineering Division. These f
are subject to change:
:1 sewer fees shall be
lly in effect and
Sewer C Fee
Sewer Cleanout
Sewer Inspection
Sewer Line Charge
= 53,599.00 (Based on a total of 91 fixture units)
= 50.00/lateral
= 25.00/lateral
-- 7,600.00 (1' on Gate Drive)
= 8,000.00 (f on Poway Road)
Corresponding sizes for water meters (not less than one inch in size) shall be
determined by the applicant/developer. Depending on the size of to be
installed, the fees shall be the following:
Meter Size Cost Lateral**
SDCWA Fee*
1" $270.00 $1,430.00 $6,678.00 $2,536.00
1.5" $600.00 Cost $10,388.00 $4,755.00
2" $1,775.00 Cost $16,694.00 $8,242.00
Fora pmposed
:listed above, pi
:the Engineering Division.
*This fee is subject to change without further notice. Applicable only 1'
for domestic use. The amount to be paid shall be that in effect at time of payment.
** No fee if installed by developer.
66.
The following fees shall be paid ~y bond posted prior1
a building permit. If a security bond is posted, payment of the fees shall be
made prior to issuance of a Certificate of Occupancy. Once payment is
received in full said security bond could be released to the applicant:
Traffic Mitigation
Drainage Fee
=$23,083.50
=$1,200.00
67. The seven lots shall be merged into one lot h pancy is granted.
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Resolution No. P-0].-64
Page 11
The applicant shall provide a traffic analysis and report to address existing
and proposed development conditions to the Development Services
Department. The report will include project trip ~ distribution, and a
traffic signal analysis of the int ~ Poway Road and Gate Drive. The
report will identify the cost of a traffic signal and percentage of project trips in
the int The applicant will deposit with the City, funds sufficient to
cover the project pro rata share of said cost prior to Certificate of Occupancy.
If a traffic signal is not constructed within 10 years of project approval, the
deposit shall be returned to the property owner upon request.
The traffic analysis and report shall include a review of site ingress and
egress from Poway Road with :lations for safe access. The site
grading and improvement plan shall incorporate the :lations.
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
The building shall display th ' -Id ale from the
access street. 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 manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Department ASTREA criteria.
Every building hereafl' -I shall be accessible to Fire Department
apparatus by way of :lways 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 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. System post indicator valves with tamper
switch `i, are to be located by the City Fire Marshal prior to
installation.
A Knox Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A Knox padlock shall be required for
the fire sprinkler system Post Indicator Valve.
Fire Department access for use of fire fighting equipment shall be provided to
the immediate job construction site at the start of construction and
:1 at all times until construction is completed.
Resolution No. P-0:].-64
Page 12
76.
Permanent access roadways for fire apparatus shall be designated as Fire
Lanes with appropriate signs and curb markings.
77.
Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and
75 feet of travel distance.
78.
The addition of onsite fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
79.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
80.
An Emergency Contingency Plan and Hazardous Materials D' wall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
81.
Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
publ d 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 :y has been substantially completed to the satisfaction of
the City.
82.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
83.
An automatic i-
properly licensed
listed central station
./stem shall be installed to approved standards by a
System shall be completely monitored by a U.L.
~any or proprietary "lion.
84. The parcel is located within Landscape Maintenance District 86-3B.
Section 4: The terms and conditions of Minor Conditional Use Permit 99-03 and
Development Review 99-06 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 and assigns of each of them, including municipal
corporations, public ag :t districts.
Section 5: Resolution No. P99-41 is hereby rescinded.
Resolution No. P- 01-64
Page 13
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of December 2001.
ATTEST:
Michael P. Cafagni
or
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 01-64 , was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of December 2001,
and that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
EMERY
Sherrie D. Worrell, Deputy City Clerk
City of Poway