Res P-07-39
RESOLUTION NO. P-07-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 07-04
AND DEVELOPMENT REVIEW 03-13R
ASSESSOR'S PARCEL NUMBERS 317-280-81 and 84
WHEREAS, Costco Wholesale has submitted a request for approval of a
Conditional Use Permit (CUP), and amendment to Development Review (DR) 03-13, to
establish an automated car wash facility at 12155 Tech Center Drive in the Planned
Community zone/South Poway Commercial land use designation area; and
WHEREAS, on August 14, 2007, 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: This project is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), as a Class 32 Categorical Exemption, pursuant to
Section 15332 of the CEQA Guidelines, in that the project involves development of an
infill project as defined in Section 15332.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 07-04 to establish an automated car wash facility at
12155 Tech Center Drive as follows:
A. The location, size, design, and operating characteristics of the proposed car
wash are in accord with the title and purpose of Chapter 17.48 PMC (Conditional
Use Permit Regulations), the South Poway Specific Plan, the City General Plan,
and the development policies and standards of the City in that the subject use is
allowed with a Conditional Use Permit. The facility has been designed and sited
such that it will be compatible with the surrounding development.
B. The location, size, design, and operating characteristics of the proposed car
wash will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structure, or natural resources
in that the facility is zoned for the use and has been designed to comply with City
development standards.
C. The proposed car wash is in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the design of the proposed car
wash complies with City development standards.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed car wash.
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E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed car wash structure incorporates architecture
enhancements that are similar to those provided on commercial buildings on the
site.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed car wash provides
adequate vehicle queuing onsite.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site proposed for the expansion has been previously
graded and contains no natural habitat resources.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for DR 03-13R to establish an automated car wash at 12155 Tech Center Drive
are as follows:
A. The proposed car wash will not adversely affect surrounding land uses in that the
facility will have adequate vehicle queuing provided onsite and the car wash
structure incorporates architecture enhancements that are similar to those of the
commercial buildings on the site.
B. Public facilities, services, and utilities are available to serve the business
expansion.
C. The proposed project will meet the required design regulations for the South
Poway Specific Plan, and will otherwise comply with all of the relevant codes and
standards of the City of Poway. Therefore, the proposal. does not have an
adverse aesthetic, health, safety, or architecturally related impact upon existing
adjoining properties, or the City in general.
E. The proposed project will comply with all of the provIsions of the Zoning
Ordinance, South Poway Specific Plan, and the General Plan.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve the project. The
payment of water, sewer, park, drainage, traffic mitigation and the prorata fee for
Scripps Poway Parkway will ensure the protection of the public health, safety and
welfare.
Resolution No. P-07-39
Page 3
Section 5: The City Council hereby approves CUP 07-04 and DR 03-13R, to
establish an automated car wash facility at 12155 Tech Center Drive in the Planned
Community zone, as shown on plans dated June 01, 2007, subject to the following
conditions:
A. Approval of this Conditional Use Permit and Development Review shall apply
only to the subject project and shall not waive compliance with all other Sections
of the Zoning Ordinance and all other applicable City Ordinances in effect at the
time of Building Permit issuance.
B. Within 30 days of the date of this approval the applicant shall submit in writing
that all conditions of approval have been read and understood, and a deed
covenant with these conditions of approval shall be recorded on the 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 terms and conditions of Conditional Use Permit 07-04 and Development
Review 03-13R shall be binding upon the permittee and all persons, firms and
corporations having an interest in the property subject to these permits, and the
heirs, executors, administrators, successors and assigns of each of them,
including municipal corporations, public agencies and districts.
E. Conditional Use Permit 07-04 shall be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have occurred during the past year.
F. Prior to the issuance of a Grading Permit the applicant shall comply with the
following:
(Engineering)
1. A grading plan for the development of the lot prepared on a City of Poway .
24" x 36" standard mylar sheet at a scale of 1" = 20', shall be submitted
along with a Grading Permit application and applicable fees to the
Development Services Department--Engineering Division. A grading plan
submittal list is available at the Development Services Department front
counter. The grading plan shall show at a minimum:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit.
Resolution No. P-07-39
Page 4
b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
d. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
e. Proposed structural section of the parking lot.
f. Location of site lighting. Details of any new exterior lighting,
including fixture type and design, shall be submitted to the Planning
Division for review and approval. All new exterior lighting fixtures
shall be low-pressure sodium, and designed such that they reflect
light downward and away from streets and adjoining properties.
g. Location of double striped parking stalls. Parking stalls shall be
served by drive aisles a minimum of 24 feet wide.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands.
Concentrated flows across driveways are not permitted. The drainage
study shall include all easements required to properly handle the drainage.
4. The grading plan shall show all easements that encumber this property.
The Title Report identifies each easement separately, and the identifying
labeling shall be used to label the corresponding easements on the plans.
5. Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
6. The grading plan shall demonstrate that the project complies with the
City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance for
construction and post-construction treatment of stormwater.
Resolution No. P-07-39
Page 5
7. . Prior to issuance of a Grading Permit, the project owner shall file with the
State Regional Water Quality Control Board a Notice of Intent (NOI) for
coverage under the statewide General Permit that covers stormwater
discharges. Proof of filing of the NOI and an assigned Waste Discharge
Identification Number shall be submitted to the Development Services
Department - Engineering Division prior to issuance of a Grading Permit.
Applications for the NOI may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
8. Prior to issuance of a Grading Permit, the applicant shall prepare a Storm
Water Pollution Prevention Plan (SWPPP) that effectively addresses the
elimination of non-storm runoff into the storm drain system. The SWPPP
shall include, but not be limited to, an effective method of hillside erosion
and sediment control; a de-silting basin with a capacity of 3,600 cubic feet
of storage per acre drained, or designed to remove fine silt for a ten-year,
six-hour storm event; a material storage and handling site; measures to
protect construction material from being exposed to storm runoff;
protection of all storm drain inlets, on-site concrete truck wash and waste
control; and other means of BMPs to effectively eliminate pollutants from
entering the storm drain system including a weather triggered action plan.
The engineer shall certify the SWPPP prior to issuance of a Grading
Permit.
9. The applicant shall pay all applicable engineering, plan checking, Grading
Permit, and inspection fees. Plan check and inspection fees are to be
calculated based on City-approved cost estimates, using the City's
adopted unit costs, prepared by the applicant's project Civil Engineer.
10. Grading securities in the form of a performance bond and cash deposit, or
a letter of credit and cash deposit shall be posted with the City.
11. The applicant shall attend a preconstruction meeting, at which time they
shall present an action plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
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b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad.
12. Construction staking is to be installed by the owner and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading. As a
minimum, all protected areas as shown on the project plans are to be
staked by a licensed surveyor and delineated with lathe and ribbon. A
written certification from the engineer of work or a licensed surveyor shall
be provided to the Engineering Inspector stating that all protected areas
are staked in accordance with the approved project plans.
(Planning)
13. Complete landscape construction documents for new landscaping shall be
submitted to and approved by the Planning Division. A landscape plan
check fee in the form of a deposit is required upon submittal of the plans.
Plans shall be prepared in accordance with the City of poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following to the satisfaction of the Director of Development Services:
a. Landscaping shall be provided adjacent to the car wash structure to
soften its appearance and landscaping, pursuant to City of Poway
Guide to Landscape Requirements, shall be provided in the parking
lot expansion area.
~ Prior to the issuance of a Building Permit, the applicant shall:
.:>.
(Engineering)
1. The project site is situated within Parcel 4 (Out Parcel) of Parcel Map No.
19453. The applicant shall file with the City a Boundary Adjustment
application to cause the project site to be made part of Parcel 1 of Parcel
Map 19453.
2. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading shall be in accordance with the Uniform Building Code,
the City Grading Ordinance, the approved grading plan, the approved soils
report, and grading practices acceptable to the City.
3. Erosion control devices, including, but not limited to, de-silting basins,
shall be installed and maintained throughout construction of the project.
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Page 7
4. A Right-of-Way Permit shall be obtained from the Development Services
Department - Engineering Division for any work to be done in public street
rights-of-way or City-held easements.
5. Rough grading of the lot is to be completed and meet the approval of the
City Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for the lot for review and approval by
the City, including recommendations for the structural section of the
paving.
6. Prior to delivery of combustible building materials, an on-site water system
shall be installed and satisfactorily pass all required tests.
7. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water 1 inch 1 Yz inch
Meter $ 270 $ 600
Expansion Fee $6,678 $10,388
SDCWA Capacity" $6,922 $12,978
SDCWA Water Treatment Capacity*' $ 266 $ 498
*'To be paid by separate check, payable to the SDCWA.
The applicant shall inform the City of the size and number of water meters
to be set, or if a larger size meter is required from those listed above.
Sewer, Park, Drainage, Traffic, and Scripps Poway Parkway Prorata
Fees
The property encompassing Home Depot, Costco & Gas Station, the Car
Wash, and the remaining Out Parcel has reserved sewer capacity per
LOA #233. For the original fee determination for these developments, the
area of the Out Parcel was determined to be 3.26 acres, of which 1.49
acres will be designated for the Car Wash.
Sewer Fee
Sewer Fee for the 3.26 acre Out Parcel = $ 9,458.66
Sewer Fee for the Car Wash = (1.49/3.26)($9,458.66) = $ 4,323,13
Resolution No. P-07-39
Page 8
Sewer c1eanout Fee, if needed = $ 50.00
Sewer cleanout inspection Fee, if needed = $ 25.00
Park Fee
Park Fee for the 3.26 acre Out Parcel = $11,630.15
Park Fee for the Car Wash = (1.49/3.26)($11,630.15) = $ 5,315.62
Drainaqe Fee
Drainage Fee for the 3.26 acre Out Parcel = $5,169.37
Drainage Fee for the Car Wash = (1.49/3.26)($5,169.37)= $2,362.69
Traffic Mitiqation Fee
Traffic Mitigation Fee for the 3.26 acre Out Parcel = $30,647.89
Traffic Mitigation Fee Car Wash =(1.49/3.26)($30,647.89)= $14,007.78
Scripps Poway Parkway (SPPI Prorata Fee
SPP Prorata Fee the 3.26 acre Out Parcel = $25,586.33
SPP Prorata Fee Car Wash = (1.49/3.26)($25,586.33)= $11,694.37
(Planning)
8. Architectural enhancements to the car wash structure shall be provided
and shown on the building plans, consistent with those shown on the
concept elevations on file with the City dated July 6,2007.
9. Signs that may be shown on the building plan are not approved. Signs
are subject to a separate Planning Division permitting process and require
subsequent Building Permits. The applicant shall submit a separate Sign
Permit application for signs.
H. Prior to obtaining final inspections from the City and/or the release of
performance and payment securities, and before utilizing the property for the
storage of vehicles, the applicant shall comply with the following:
(Engineering)
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein, including the provision of irrigated landscaping, screening walls
Resolution No. P-07-39
Page 9
and fences, lighting, parking lot paving, and parking space striping.
Grading shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
2. The Boundary Adjustment required of this project shall be recorded.
3. Drainage facilities, slope landscaping and protection measures, and
utilities shall be constructed, completed, and inspected by the Engineering
Inspector.
4. All new and existing utilities shall be installed underground.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public road improvements caused by construction activity
from this project.
6. Record drawings, signed by the engineer of work, shall be submitted to
the Engineering Division prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
I. Upon establishment of the use, the following shall apply:
1. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
2. All lighting fixtures shall be maintained such that they reflect light
downward and away from any road or street.
3. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
4. All landscaping shall be adequately irrigated and maintained by the owner
at all times in accordance with the requirements of the City of Poway
Guide to Landscape Requirements. The trees shall be encouraged and
allowed to retain a natural form. Pruning should be restricted to maintain
the health of the trees and to protect the public safety. Trees should be
trimmed or pruned as needed to develop strong and healthy trunk and
branch systems. Tree maintenance and pruning shall be in accordance
with "American National Standard for Tree Care Operations" latest edition
Resolution No. P-07-39
Page 10
(ANSI A300). Trees shall not be topped and pruning shall not remove
more than 25% of the trees' leaf surface.
Section 6: The approval of CUP 07-04 and DR 03-13R shall expire on Auqust 14.
2009, at 5:00 p.m. unless, prior to that time, a Grading Permit has been issued and
construction on the property in reliance on the CUP approval has commenced prior to
its expiration.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of dedications of easements imposed
pursuant to this approval shall begin on August 14, 2007.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 14th day of August 2007.
ATTEST:
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Resolution No. P-07-39
Page 11
STATE OF CALIFORNIA )
)SS
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-07-37, was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of August 2007, and
that it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
tIJ~~
L. Diane Shea, City Clerk
City of Poway