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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. Resolution No P-08-37 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 ~