Res P-08-37
RESOLUTION NO P-08-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 08-06
AND DEVELOPMENT REVIEW 86-20R
ASSESSOR'S PARCEL NUMBERS 317-225-12 and 13
WHEREAS, National Powersport Auctions has submitted a request for approval
of a Conditional Use Permit (CUP), and amendment to Development Review (DR)
86-20, to establish a recreation vehicle auction business at 12400 Stowe Drive, and
construct an overflow parking lot on the adjacent undeveloped property located at the
northwest corner of Stowe Drive and Kirkham Road, in the Light Industrial (L1) land use
designation area/Planned Community (PC) zone, and
WHEREAS, on December 16, 2008, 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 as a Class 1 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the
CEQA Guidelines, in that the use proposed with the project will occupy existing facilities
and involve only a minor expansion of use
Section 2. The findings, in accordance with Section 17 48 070 of the Poway
Municipal Code (PMC), for CUP 08-06 to establish a recreation vehicle auction
business at 12400 Stowe Drive, and construct an overflow parking lot on the adjacent
undeveloped property located at the northwest corner of Stowe Drive and Kirkham
Road, in the Light Industrial (L1) land use designation area/Planned Community (PC)
zone, as follows.
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 1748 PMC (Conditional Use
Permit Regulations), the South Poway Specific Plan (SPSP), 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.
Additionally, all product will be stored indoors as required under the SPSP and
adequate parking will be provided either onsite or on the adjacent site in an
overflow parking lot.
B The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, buildings, structure, or natural resources in that the facility is
zoned for the use and has been designed to comply with City development
Resolution No P-08-37
Page 2
standards. Additionally, all product will be stored indoors as required under the
SPSP and adequate parking will be provided either onsite or on the adjacent site
in an overflow parking lot.
C The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with, adjacent uses in that all product will be stored indoors as
required under the SPSP and adequate parking will be provided either onsite or
on the adjacent site in an overflow parking lot.
D There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that all product will be stored indoors as required under the
SPSP and adequate parking will be provided either onsite or on the adjacent site
in an overflow parking lot.
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides adequate
vehicle circulation 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 Chapter 17 52 of the Poway Municipal
Code, for DR 86-20R to establish a recreation vehicle auction business at 12400 Stowe
Drive, and construct an overflow parking lot on the adjacent undeveloped property
located at the northwest corner of Stowe Drive and Kirkham Road, in the Light Industrial
(L1) land use designation area/Planned Community (PC) zone, are as follows.
A. The proposed use will not adversely affect surrounding land uses in that all
product will be stored indoors as required under the SPSP and adequate parking
will be provided either onsite or on the adjacent site in an overflow parking lot.
B Public facilities, services, and utilities are available to serve the proposed use
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.
D The proposed project will comply with all of the provisions of the Zoning
Ordinance, South Poway Specific Plan, and the General Plan
Resolution No P-08-37
Page 3
$ection 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 sellle the project.
Section 5. The City Council hereby approves CUP 08-06 and DR 86-20R, to
establish a recreation vehicle auction business at 12400 Stowe Drive, and construct an
overflow parking lot on the adjacent undeveloped property located at the northwest
corner of Stowe Drive and Kirkham Road, in the Light Industrial (L1) land use
designation area/Planned Community (PC) zone, as shown on plans dated October 30,
2008, 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 both of the
properties.
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 08-06 and Development
Review 86-20R 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 08-06 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 The overflow parking/product loading area on the vacant property (APN
317-225-13) to the east of, and adjacent to, the business location at 12400
Stowe (APN 317-225-12) is an integral part of the business and shall be
maintained as such for the life of the business approved under CUP 08-06 Any
proposal to eliminate the overflow parking/loading area from the business/CUP
08-06 requires an amendment to the CUP The CUP amendment shall be
subject to additional City Council review and approval, and additional review fees
Resolution No P-08-37
Page 4
are required As part of any CUP amendment to eliminate the overflow
parking/product loading area, the applicant shall demonstrate to the satisfaction
of the City that all necessary parking for the use and all loading activity can be
accommodated on the business site at 12400 Stowe Drive
G Prior to the issuance of a Grading Permit the applicant shall comply with the
following.
(Engineering)
1 A grading and drainage plan for the development of the overflow
parking/product loading area on the property adjacent to the business site
at 12400 Stowe Drive, prepared on a City of Poway standard D-sheet, to a
scale of 1 "=20', shall be submitted along with a Grading Permit application
and the applicable fees to the Development Services Department,
Engineering Division. At a minimum, the plan shall show/include the
following:
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 property lines The building 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 the Grading
Permit.
b A separate erosion prevention and sediment control plan for
construction.
c. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement. All easements must be plotted and labeled as per
latest project title report. The applicant shall insure no improvements
are proposed within the easements.
d All new utility facilities shall be approved by the City prior to their
installation
e Sewer and water facilities and connections for the new structure, if
any
f Paving of the parking 10Uloading area conforming to the standards set
forth in Section 12.20 080 of the Poway Municipal Code
g Low Impact Development (LID) measures and strategy that will
emphasize conservation and the use of onsite natural features
Resolution No P-08-37
Page 5
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions. This includes maximizing
infiltration, providing retention, slowing runoff, minimizing impervious
footprint, directing runoff from impervious areas into landscaping, and
constructing impervious surfaces to minimum possible widths. Notes
must be added to plans indicating the implementation of the LID
h. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing storm
drain system.
i. Site design and source control Best Management Practices.
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:
a. Handle and dispose all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Large
concentrated flows across driveway and into the street will not be
permitted.
b Cause post-development flow volumes from the project site to be equal
or less than pre-development flow volumes The proposed LID
measures shall satisfy this requirement.
c. Include all easements required to properly handle the drainage.
4 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 City's adopted
unit costs, prepared by the applicant's project Civil Engineer
5 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
6 The applicant shall attend a pre-construction 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.
Resolution No P-08-37
Page 6
a. Provide an onsite de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained
b Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains 3 inches of water
over all disturbed areas prior to discharge, effectively creating a de-
silting basin from the pad.
7 A Right-of-Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in the
public right-of-ways or within any City-held easement.
H Prior to the issuance of a Building Permit and/or during construction, grading,
and paving activity, the applicant shall:
(Engineering)
1 Erosion control devices including, but not limited to, de-silting basin(s),
shall be installed and maintained by the applicant throughout construction
of the project.
2. No private improvements shall be placed or constructed within public
street rights-of-way or City easements unless the following are satisfied:
a. An encroachment maintenance and removal agreement has been
executed by the developer/owner and subsequently approved by
the City; or
b Approval of grading or improvement plans, on which a Right-of-
Way Permit has been issued for the private improvements to be
constructed. The City, however, reserves the right to require the
execution of an encroachment maintenance and removal
agreement.
(Planning)
3 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
4 Any change to exterior building color requires Planning Division review
and approval.
Resolution No P-08-37
Page 7
(Safety Services)
5 The portion of the building that will house fuel powered equipment and/or
vehicles will be required to have mechanical ventilation per the California
Building Code.
6 Ensure occupancy separation between equipment storage and office
areas per the California Building Code
7 Ensure existing sprinkler density design will meet the proposed occupancy
use
8 Fire lane access around the building will be delineated by the marking of
the parking area surface material (asphalt or concrete) with 6" wide, red
painted lines and appropriate signage per the California Fire Code to be
shown on building plans
9 Provide a proposed auction site plan to include where the auction will be
located, how emergency access requirements will be met before, during,
and after the auction.
I 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
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 Driveway improvements, parking lot reconstruction, storm drain facilities,
slope landscaping and protection measures, and all utilities shall be
constructed, and completed by the developer and inspected by the
Engineering Inspector for approval. All new utility services shall be placed
underground
3 The developer shall repair, to the satisfaction of the City Engineer, any
and all damages to public road improvements on Stowe Drive, Kirkham
Road, and Kirkham Court; caused by construction activity from this
project.
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Page 8
4 Record drawings signed by the engineer of work shall be submitted to the
Engineering Division prior to a request for occupancy, per Section
16 52.130B of the Poway Municipal Code 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.
5 Rough grading and paving of the overflow parkinglloading area is to be
completed, and shall meet the approval of the Engineering Inspector, and
shall include submittal of the following:
a. A certification of line and grade, prepared by the engineer of work.
b A final soil compaction report for review and approval by the City
J 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
(ANSI A300) Trees shall not be topped and pruning shall not remove
more than 25% of the trees' leaf surface
5 No street parking or unloading of product in the street is permitted Any
such activity is subject to citations and fines.
6 No outdoor storage is permitted. This includes any equipment or material
of any type, and product to be auctioned
Resolution No P-08-37
Page g
7 No parking, storage of product, or other business activity is to occur on the
unimproved portions of the lot (APN 317-225-13) used for the overflow
parking/loading area.
Section 6 The approval of CUP 08-06 and DR 86-20R shall expire on December
16, 2010, 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 gO-day approval
period in which the applicant may protest the imposition of dedications of easements
imposed pursuant to this approval shall begin on December 16, 2008.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of December 2008
Michael P C
ATTEST
-
Resolution No P-08-37
Page 10
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No P-08-37, was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of December
2008, and that it was so adopted by the following vote
AYES: BOYACK,CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
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