Res P-02-17 RESOLUTION NO. P-02-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION OF CONDITIONAL USE
PERMIT 90-10M(2) AND DEVELOPMENT REVIEW 00-24
FOR A GAS STATION AT THE WAL-MART
ASSESSOR'S PARCEL NUMBER 317-130-66
WHEREAS, on November 13, 1990, the City of Poway City Council approved
Tentative Parcel Map 90-04, Conditional Use Permit 90-10, Development Review 90-12
and Sign Permit 90-44 to subdivide a parcel into th lots and to construct a
125,999-square-foot retail building with garden and :the site located
at 13425 Community Road within the C General zone pursuant to Resolution No.
P-90-84; and
WHEREAS, on August 17, 1999, the City of Poway City Council approved a
Modification to Conditional Use Permit 90-10M to expand the existing Garden Center by
4,800 square feet, allowing temporary use of torag -1 ' the
number of days for outdoor display and sidewalk limited veterinary :1
adding cart racks at the Wal-Mart located at 13425 Community Road within the C
General zone pursuant to Resolution No. P-99-64; and
WHEREAS, Modification to Conditional Use Permit 90-10M(2) and Development
Review 00-24 were submitted by Tesoro West Coast Company, applicant, to install a
gasoline fueling facility within the parking lot of Wal-Mart located at 13425 Community Road
within the C (CG) zone, and
WHEREAS, the proposed gasoline fueling facility
160-square-foot pay booth under a 4,580-square-foot canopy, a R
sewage disposal site, and fund ~ area: and
: 6 disl: :1 a
Vehicle (RV)
WHEREAS, on April 30, 2002, 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, the City Council does hereby
follows:
Section 1: The City Council has considered the E Initial Study (ELS) and the
Negative Declaration (ND) and publ :1 on the ElS and ND. The subject
ElS and ND d ' !ion is fully incorporated herein by th' ~ The City Council
finds that the proposed project will have no or less than significant impacts and hereby
approves the Negative Declaration dated March 28, 2002.
Section 2: The finding lance with Section 17.48.070 of the Poway Municipal
Code for the modification to Conditional Use Permit 90-10M(2) to construct a gasoline
fueling facility along with a vehicle sewage disposal site and fundraiser car
wash area at 13425 Community Road within the C (CG) zone are made as
follows:
Resolution No. P-02-17
Page 2
The proposed design, and operating ch :the proposed
gasoline fueling facility' ' J with the title and purpose of Chapter 17.48 of the
Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the CG
zone, the City General Plan, and the development policies and standards of the City
in that the facility has been designed and sited such that it will not result in visual
impacts to the surrounding community and the project will not significantly impact
Iion.
The location, size, design, and operation characteristics of the proposed gasoline
fueling facility will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, building tural
that the facility will be located with' ' ' ,~ parking lot and has been designed
and sited such that it will not result in visual impacts to the surrounding community.
The car wash area for fundraising and disposal site for RVs would be located east of
the g :1 south of the existing building and would therefore be
screened from view from adjacent residential uses.
The proposed gasoline fueling facility is in harmony with the scale, bulk, coverage,
and density of, and ' l with, adjacent uses in that length of the proposed
canopy is located perpendicular to Community Road and the design of the proposed
facility' l and complimentary to surrounding buildings.
There are adequate public facilities, services, and ul"
site to serve the proposed gasoline fueling facility.
31e at the subject
There will not be a harmful effect upon the desirable surrounding property
ch in that the design of the proposed facility is consistent and
complimentary to surrounding buildings, lighting has been designed to not spill over
onto neighboring property, and the facility will comply with the requirements of San
Diego County E Health Department.
The generation of traffic will not adversely impact the capacity and physical
character of the surrounding :i/or the Circulation Element of the General
Plan in that the 1,340 ADTs generated by the proposed gas station would have
insignificant traffic impacts on the local streets or surrounding int as
d :1 by the Traffic Analysis dated March 14, 2001 and updated February 5,
2002, prepared by Linscott Law & Greenspan Engineers. Traffic impacts on
Community Road would be insignificant since the pumps are located 120 feet from
the northerly driveway entrance allowing for queuing of at least 6 cars, and the
: northbound lane on Community Road would be widened to facilitate
right turn traffic entering the southernmost driveway. In addir Ch-south
oriented internal driveway will provide access to the driveways onto Hilleary Place.
The site is suitable for the type and intensity of use and development which is
proposed in that the proposed gasoline fueling facility is located along Community
Road, a major arterial, and within an existing developed shopping center.
Resolution No. P-02-17
Page 3
Ho
There will not be significant harmful effects Ul: quality and natural
in that the proposed gasoline fueling facility is located on a previously
developed property and does not involve the removal of natural habitat
There are no relevant negative impacts associated with the proposed gasoline
fueling facility that cannot be mitigated in that the facility will comply with the
req ;San Diego County E ~ Health Department.
J=
That the potential impacts, and the proposed location, size, design and operating
characteristics of the proposed gasoline fueling facility will not be materially injurious
to properties or imp ' the vicinity, nor be contrary to the adopted General
Plan, in that the facility has been designed and sited such that it will not result in
visual impacts and will comply with the requirements of San Diego County
E Iai Health Department.
The proposed gasoline fueling facility will comply with all the applicable p ' ' :
Chapter 17.48 of the Poway Municipal Code in that the facility has been designed
and sited such that it will not result in visual impacts and will comply with the
requirements of San Diego County E Iai Health Department.
Section 3: The finding lance with Section 17.52 of the Poway Municipal Code
for Development Review 00-24 to construct a gasoline fueling facility along with a
recreational vehicle sewage disposal site and fundraiser car wash area at 13425
Community Road within the C (CG) zone, are made as follows:
A=
The gasoline fuelin§ facility will be built on a previously disturbed site that is
currently paved for parking. Existing landscaping along Community Road will be
replaced and enhanced. Therefore, the project respects the interdependence of
land :1 aesthetics to the benefit of the City.
B=
The gasoline fueling building is in ch lh existing development in the area
and will not negatively affect the views of adjacent property owners. The design of
proposed structures compliments the existing surrounding buildings. Therefore, the
proposed use does not conflict with the orderly and h appearance of
si :1 property within the City along with associated facilities, such as, but
not limited to signs, landscaping, parking areas and streets.
C=
There are public facilir :l utilities available. Th traffic will
be insignificant given the existing traff :l flows in the area. The 1,340
ADTs generated by the proposed g Id have insignificant traffic impacts
on the local sf :ling int The total of new ADTs added to
the existing ADTs would be less than calculated in the original Wal-Mart traffic
study. Therefore, the proposed project does not detract from th
the public health, safety and general welfare, and property throughout the City.
Resolution No, P-02-17
Page 4
The gasoline fueling is designed .... 3acts on the surrounding community
by being located perpendicular length-wise to Community Road and neighboring
residential properties. The design of the proposed canopy st :1 pay booth
will match th :1 colors of the existing Wal-Mart building. The existing
landscaping along Community Road will be replaced and enhanced and provide
partial screening from neighboring residential dwellings. Lighting has been
designed to not spill over onto neighboring property. The proposed development
respects the publ for the aesthetics of developments.
The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposal does not have an ad :hetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
The proposed project will comply with all of the p
and the General Plan.
;the Zoning Ordinance
Section 4: The City Council hereby approves CUP 90-10M(2) and DR 00-24 to install
and operate a gasoline fueling facility along with vehicle sewage disposal site
and fund 3 area at 13425 Community Road, as shown on the plans dated
December 21,2001, subject to the following conditions:
Approval of this CUP/DR request shall apply only to the subject project and shall not
31lance with all sections of the Zoning Ordinance and all other applicable
City ord' ,-'t at the time of building permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2)the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
The conditions of CUP 90-10M(2)/DR 00-24 shall ~ect for the life of the
subject gasoline fueling facility and shall run with the land and be binding upon
fur heirs, and t = the current property owner.
CUP 90-10 and any revision thereto may be subject to annual review as determined
by the Director of Development Services for compliance with the conditions of
approval and to add that may have been raised during the prior year.
Th' 3all include, but not be limited to, the 24-hour operation of the gasoline
station.
Conditions of approval listed in Resolutions No. P-90-84 and No. P-99-64 approving
CUP 90-10 and CUP 90-10M respectively are fully incorporated herein by this
H=
Resolution No. P-02-17
Page 5
The applicant shall submit plans showing an ap .¢ 1,500-square foot
portion of the existing Wal-Mart parking lot, east of the proposed gas station and
new north-south oriented driveway, regraded and repaved to provide an area for a
sell t of rf t' ~ prior to th f any permit for
"this facility. The plan shall show water and 6-inch sewer lines will be
extended to the site and how water runoff will be directed to a Iow point in the
parking lot. It shall also show how the facility will be plumbed for the recreational
vehicles (RV's) sewage disposal hookup. The location and design shall be to the
sat :the Directors of Development $ -I Public Works and shall be
completed prior to the use of the sewage disposal and car wash facilities.
If grading ' :1 50 cubic yards of earthwork, or if the cut is greater than two
feet in vertical depth and I slope steeper than 2:1 (two horizontal to one
vertical) and the fill is more than one foot in vertical depth, then the applicant shall
apply for a grading permit and submit a grading plan along with a grading permit
application, 1' :1 approval to the City's Development Services Department.
If it is determined that grading does not exceed 50 cubic yards and a grading permit
is not required, then the applicant shall provide a certification from a State
Registered Civil Engineer indicating the quantity of earthwork involved and pay a
$500 inspection fee prior to building permit issuance.
If a grading permit it required, compliance with the following conditions is required
prior to grading permit ' :her timing is indicated:
A grading plan shall be prepared on a City of Poway standard 3mm, 24"X36"
mylar at a scale of 1"=20' or larger and submitted along with a grading permit
application and applicable fees to the Engineering Division for review and
approval. A grading plan submittal checklist is available at the Engineering
Division front counter.
=
The applicant shall pay all appl!cable engineering, grading permit,
geotechnical review, plan checking, permit, and inspection fees. The grading
permit fee shall be paid at first submittal of grading plans.
The applicant shall post grading ' the form of a performance bond
and cash deposit, or a letter of credit shall be posted with the City prior to
grading plan approval.
=
T ' 31lance with the Clean Water,&ct, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of :[ into the storm drain system. The SWPPP
shall include, but not be limited to, an effective method of hillsic~ :1
sediment control, a material storage site, to protect
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 f ;3
Resolution No. P-02-17
Page 6
the storm drain system. The applicant shall certify the SWPPP prior to
approval of the grading and improvement plans. The SWPPP may be
incorporated with th lrol plan, but shall be under separate cover
from the grading and improvement plans.
Erosion control, including but not limited to desiltation basins, shall be
installed and :1 from October 15th to April 15th. A lrol
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicantJdeveloper shall make provisions to
insure pre[: I all erosion control devices.
Drainage catch basins, inlets, grate basins or similar shall be
designed to be equipped with structural Best Management Practices (BMPs)
for interception of pollutants and/or sediments before leaving the project site.
BMPs are subject 1 t approval of the City.
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 b ' :1.
Paving and/or repaving of the parking lot shall conform to the standards set
forth in Section 12.20.080 of the Poway Municipal Code.
Grading of the project shall be in s
development plan and in accorda
Grading Ordinance, and City Sto
Control Ordinance.
antial lh the approved
with the Uniform Building Code, City
Water Management and Discharge
10. City approval of soils report and g (ling plans.
11.
Prior to 3 grading the a plicant shall submit a request for and
hold a p meeting w a City Engineering inspector. The
applicant/developer shall be respo- ble that necessary individuals, such as
but not limited to, contractors, su ontractors, project civil engineer and
project soils eng' : attend t e p meeting.
12. Record drawings for the grading pi s shall be submitted prior1 ~
grading security.
The applicant shall obtain a Building Per- prior to installation of the facility. Prior
: a Building Permit, the app nt shall comply with the following:
The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ord' Yect at the time of building
permit issuance.
=
Resolution No. P-02-17
Page 7
The applicant shall obtain necessary permits from San Diego County
E Health Department.
The building plans shall I; lance with the approved plans on file in
the Development Service.s Department for CUP 90-10M(2)/DR 00-24, along
with the condil' :1 herein.
Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
Iow-p 'lium and designed such that they reflect light downward, and
away from streets and adjoining properties pursuant to Poway Municipal
Code Section 17.08.220.L. The canopy lighting shall consist of flat lens light
fixtures to provide directional type lighting with minimal glare to the
sal : the Director of Development Service.
All freestanding walls shall not exceed 6 feet in height, or 4 feet in height
within the front yard setback, and shall consist of slump quivalent
to the sa1 : the Director of Development Services.
Complete landscaF c~ l with the preliminary
landscape plans dated January 9, 2002 on file with the Planning Division
shall be submitted to and approved by the Planning Division. Landscape
plan check fees are required upon submittal of the plans. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Req ' (latest edition). The landscape berm along Community Road
shall be -I to the satisfaction of the Director of Development
Services. The landscape plans shall be modified to address the following:
a=
Replacement of dead and ailing trees and shrubs located on the Wal-
Mart property and th ,~ of new I boxes.
bo
Substitution of deciduous trees along Community Road with
evergreen tree species to provid ' 3 of the gas station when
viewed from residential properties to the west to the satisfaction of the
Director of Development Services.
C=
Provid ' 3 of new utility boxes that are greater than 36 inches
in height, width or depth.
The trash lall be located out of the front yard setback to allow for
the trash I to exceed four feet in height. ^ detail of the trash
lail be included on the landscape and building permit plans. The
I :1 design of the trash 3all be to th Ithe
Director of Development Services.
=
10.
11.
Resolution No. P-02-17
Page 8
Submittal to the City of a $ Pollution Plan (SWPPP),
acceptable to the City Engineer. The SWPPP shall provide the erosion,
sedimentation and pollution control to be used during
If a grading plan is required, rough grading of the lot is to be completed and
meet the approval of the City Engineering Inspector and shall include
submittal of the following:
a. A final soil compaction report f
:1 approval by the City.
b=
Certification of line and grade. The certification shall be prepared by
the p engineer.
c. City approval of soils compaction report.
City approval of a certification of line and grade. The certification shall
be prepared by the projects' civil engineer or City-approved designee.
A right-of-way permit shall be obtained from the Engineering Division of the
City's Development Services Department prior to performing any work within
public street right-of-way or any City held easement.
The following shall be completed to the sat
Works:
'*the Director of Public
ao
Connect new water and 6-inch sewer line to existing mains within
Community Road. The Cityis scheduled to improve Community Road
starting Apdl 2002. The applicant should contact the Engineering
Division and Public Works Department .~ coordinating the
installation of th :1 before the final
asphalt overlay is installed in with the Community Road
Improvement Project.
b=
Contact the Water Utility Supervisor at (858) 679-5420 to coordinate
the relocation of the existing :1 box.
O=
Protect in place the Landscape M ' ' District irrigation clocks
and power supply serving the Community Road during ' ,;I of
the landscape berm and landscape installation along Community
Road, median. If the irrigation clocks and power supply needs to be
moved, contact the Benefit A l District Specialist at (858)
679-5460 to coordinate the appropriate relocation site prior to
performing any work affecting the irrigation clocks and power supply.
Resolution No. P-02-17
Page 9
12.
The following develop shall be paid to the Engineering Division.
The following 1' I is currently in effect and is subject to change. The
applicant shall pay the amount in effect at the time of Building Permit
issuance.
Water base capacity
1" meter = $6,678.00 each meter
1W' meter = $10,388.00 each meter
Other sizes, please contact Engineering Division
Water meter
1" meter
1¼" meter
Other sizes, pi
= $ 270.00 each meter
= $ 600.00 each meter
:Engineering
SDCWA capacity charge
1" meter
1W' meter
Other sizes, pi
(Only applicable if
is to be installed)
= $3,206.00
= $6,012.00
:Engineering
S lion fee = $2,356.00
S t fee = $50.00
inspection fee = $25.00
Drainage fee = None
Traffic Mitigation fee = $25,740.00
12 pumps x 130 trips/pump = 1,560 trips
Traffic mitigation fee 1,560 trips x $66/trip x 0.25
= $25,740.00
Park fee = None
Prior to construction of public improvements, the applicant shall complete the
following:
Submittal to the City of an improvement plan for the widening of a portion of
Community Road. The improvement shall include, but is not limited to a
roadway pavement widening along the easterly side of Community Road
located south of the southerly driveway to the project site, removal and
replacement of concrete curb, gutter, sidewalk, and pedestrian ramp. The
length of the widening shall be to the sar ' : the City Engineer.
Resolution No. P-02-17
Page 1 o
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.
Ail new and existing electricalJr ~CATV utilities, if any, 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 ' :this condition, and shall
make th 'y arrangements with each of the serving utilities.
The I :1 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. Any new utility box in excess of 36 inches in height,
length, or width shall be located out of the right-of-way and screened by
landscaping to th ' ' I the Director of Development Services.
The applicant/developer shall pay the following fees and post or pay
appropriate securities:
a. Improvement plan checking and inspection fees.
b. Peri'
:1 payment securities.
c. Right-of-way and~
~ment permits.
Submittal of a request for and hold a pre-construction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, conl ,~)contractors,
project civil engineer and project soils engineer must attend the pre-
meeting.
The applicant shall construct the following improvements to the sat' '
Director of Safety Services:
the
Roof covering'shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. 64.
o
The building shall displayth ' Jd 31e from the
access street. M' ' :the building numbers shall be six inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting SherifFs Dept.-ASTREA criteria.
=
Prior
perf
Resolution No. P-02-17
Page 11
Every building hereafl be accessibl 3artment
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.
Fire Department access for use of fire fighting equipment shall be provided to
the immediate job site at the start of and
maintained at all times until is completed.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sul; J in each building.
An Emergency Contingency Plan and Hazardous Materials D 3all
be filed with County of San Diego Department of health and copies provided
to the Fire Department.
N.F.P.A. Standard 704, Hazardous Material Labeling shall be provided as
necessary throughout the building.
to obtaining a final inspection on the building permits and/or release of
:~ payment securities, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
Completion of public improvements.
City approval of the improvement plan record drawings.
Posting of a warranty security (to be held by the City for one year from date
of acceptance of the imp k
Dedication to the City of an additional street right-of-way. The site plan (C-2)
submitted for conditioning of this project, prepared by Tait & Associates and
dated November 27, 2001, indicates that a portion of the new sidewalk and
the ped 3s (south and north of the ddveway entrance) falls outside
the existing street right-of-way, thereby necessitating the need for additional
street right-of-way.
A processing fee of $1,000.00 shall be paid to the City at first submittal for
review and approval of the legal description and plat of the street right-of-way
dedication.
Resolution No. P-02-17
Page 12
of the ~1 the approved landscape plans.
Dead and ailing trees and shrubs located on the Wal-Mart property shall be
replaced to th ! the Director of Development Services.
^ no-left-turn sign shall be installed at th
the southern Community Road driveway to the sar '
Development Services.
:internal driveway by
: the Director of
^ sign shall be installed by the carwash and RV sewage disposal requiring
users of the facility to clean up after their use at a location to the satisfaction
of the Director of Development Services. The size of the sign shall not
exceed 4 square feet in area.
The property owner shall submit a written agreement specifying their
responsibility and procedure for retrieving shopping carts that have been
removed from the site. Said agreement shall be to the satisfaction of the
Director of Development Services.
Upon establishment of the gasoline fueling facility, pursuant to CUP 90-10M(2)/DR
00-24, the following shall apply:
1.
All facilities and related equipment shall I:
damage from any cause shall be repaired
as I ' ' ; dang
~1 in good repair. Any
31y possible so
blight.
All lighting fixtures shall b :1 such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
3. Th
site
3erator of the facility shall routinely and regularly inspect the
31lance with the standards set forth in this permit.
The fund ling and RV sewage disposal site shall be operational
only when staff is on duty at the gas station.
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.
The parking areas, driveways, and fund
disposal site shall be well ,I.
ling and RV sewage
The location of the approximately 25,000-square-foot special events area
shall b :with the approved site plan dated December 21,2001, on
file with the City Planning Division to the satisfaction with the Director of
Development Services.
Resolution No. P-02-17
Page 13
Any signs proposed for this development shall be designed and approved in
Ih the Poway Municipal Code and require the approval of a
separate sign permit.
There shall be no ex1 :1 amplification from the station in the form of
a paging system, music, or other such device,
Section 5: The approval of CUP 90-10M(2)/DR 00-24 shall expire on April 30, 2004 at
5:00 p prior to that time, a Building Permit has been issued and
the property in the CUP approval h J prior to its expiration.
ATTEST:
Peoples, City Clerk
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 30th day of April 2002.
Robert Emery, Deputy~
Resolution No. P-02-17
Page 14
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-02-17, was duly adopted by the City
Council at a meeting of said City Council held on the 30th day of April 2002, and that it was
so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
n~ e Peoples, City Clel
Poway
n:\cit~