Res P-04-94
RESOLUTION NO. P-04-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-16
TO ALLOW ESTABLISHMENT OF A RV BUSINESS, AND APPROVING
DEVELOPMENT REVIEW 98-04R FOR A CANOPY STRUCTURE ADDITION,
AT 12145 DEARBORN PLACE
ASSESSOR'S PARCEL NUMBER 317-271-27
WHEREAS, Conditional Use Permit (CUP) 04-16 and Development Review (DR)
98-04R was submitted by Norm's RV, Applicant, to allow the establishment of an RV sales
and rental business, with propane sales, and a 2,168-square-foot, metal canopy structure
addition on a developed site located at 12145 Dearborn Place, in the Light Industrial zone of
the South Poway Specific Plan; and,
WHEREAS, on December 14, 2004, 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 project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA
Guidelines, in that the project involves a new use in an existing building that involves a
negligible expansion or intensification of use.
Section 2: The findings, in accordance with the Poway Municipal Code, for CUP 04-16
and DR 98-04R, are made as follows:
A. The project is in accord with the title and purpose of Chapter 17048 of the Poway
Municipal Code (Conditional Use Permit Regulations), the General Plan, and the
development policies and standards of the City in that the site has adequate parking
to accommodate the use and screening of the vehicles will be provided, and will
therefore not impact adjacent properties.
B. The use proposed under the Conditional Use Permit will be compatible with, and will
not adversely affect or be materially detrimental to, adjacent uses, residents,
buildings, structures, or natural resources in that the site has adequate parking
on-site to accommodate the use and vehicles will be screened from view.
C. There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed use.
D, There will not be a harmful effect upon the desirable surrounding property
characteristics in that the site has adequate parking on-site to accommodate the use
and screening of vehicles will be provided.
Resolution No. P-04-94
Page 2
E. The proposed use will not generate traffic beyond that which was envisioned with
build-out of the South Poway Business Park; thus, it will not adversely impact the
capacity and physical character of the surrounding streets and/or the Circulation
Element of the General Plan.
F. There will not be significant harmful effects upon environmental quality and natural
resources in that the project is located on a developed property and does not involve
the removal of natural habitat resources.
Section 3: The City Council hereby approves CUP 04-16 and DR 98-04R to allow the
establishment of a RV sales and rental business, and a canopy structure addition at 12145
Dearborn Place, in the Light Industrial zone of the South poway Specific Plan, as shown on
plans dated October 27,2004, subject to the following conditions:
A. Approval of this CUP/DR shall apply only to the subject project and shall not waive
compliance with all sections ofthe Zoning Ordinance, the South Poway Specific Plan,
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 owner 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 uses.
D. The conditions of CUP 04-16/DR 98-04R, and all original Conditions of Approval
established with DR 98-04, 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.
E. Building permits are required for the screening wall, the canopy, and any interior
tenant improvements. Prior to the issuance of a building permit for the wall an
elevation of the wall, which indicates material, colors and pilaster spacing, shall be
submitted for review and approval.
F. Prior to establishment of the use at the site, the following shall be satisfied:
1. Landscape and irrigation at the perimeter of the new parking area shall be
provided to match existing landscaping, and additional fast growing, evergreen
trees shall be provided in the existing landscape area along the street to assist
in long-term screening the RVs. Landscape and irrigation adjacent to the new
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Page 3
parking area shall be provided along the entire length of the south property line
and along the east property line up to the new canopy structure.
Landscape/irrigation plans, and applicable review fees, shall be submitted to
the City for review and approval.
2. An eight-foot-high, decorative masonry wall, which is architecturally compatible
with the building, shall be provided along the north property line and along a
portion ofthe east property line to assist in screening the RVs from the street.
Pilasters shall be provided to enhance the appearance of the wall.
3. The installation of any new security lighting shall comply with City standards.
4. Paving and striping of the new parking area shall comply with all City
requirements.
G. The following are required for the life of Conditional Use Permit 04-16:
1. Any expansion of the use beyond that approved under this permit shall require
additional review and approval by the City and may require, as determined by
the Director of Development Services, an amendment to this Conditional Use
Permit.
2. Vehicle repair and service is not authorized under this CUP/DR. Any proposal
for such activity would require an amendment to this CUPIDR and is subject to
additional City requirements,
3. No parking of vehicles associated with the business is permitted on the street.
4. Signs are subject to compliance with City standards, and require the approval
of a separate Sign Permit and Building Permit.
H. The following improvements shall be provided to the satisfaction of the Director of
Safety Services:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, and
City of Poway Ordinance No. 64.
2. The building shall display their 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. The 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.
2. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
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Page 4
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 road surface type shall be approved by the
City Engineer, pursuant to the City of Poway Municipal Code.
4. With the project as proposed, the building and shade structure 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 switches, also monitored, are to be located
by the City Fire Marshal prior to installation. A breakaway padlock shall be
required for the fire sprinkler system post indicator valve. Should the applicant
modify the size and/or location of the canopy structure, to the satisfaction of
the Fire Marshall, the sprinkler system requirement may be waived.
5. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
6. At a minimum, 3A:40BC fire extinguishers are required for every 3,000 square
feet and 75' travel distance.
7. Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
8. 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.
9. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
10. 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. The door shall be labeled with a sign indicating "Fire Sprinkler
Riser". When the closet method is chosen, the applicant shall provide 36
inches of clearance from the standpipe or attached additional risers,
accessible by a 3'-0" man door.
11. A separate permit from the fire department is required for the propane
installation and distribution.
12. Any electric powered gate across the access way to the building shall have a
Knox override key
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Page 5
Section 4: The approval of CUP 04-16IDR 98-04R shall expire on December 14, 2006, at
5:00 p.m. unless, prior to that time, the conditions above have been completed in reliance on
the CUPIDR approval and the use has commenced prior to its expiration,
PASSED, ADOPTED and APPROVED by the City Council ofthe City of Poway, State
of California, this 14th day of December 2004.
Michael P. Cafa or
ATTEST:
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ne Shea, City Clerk
STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-04- 94 , was duly adopted by the City
Council at a meeting of said City Council held on the 14th day of December 2004, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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L. Diane Shea, City Clerk
City of Poway