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Item 18 - EA MCUP 85-03M VAR 95-02 DR 95-06 Robert Townsend AGENDA REPORT SUMN ARY -- TO: Honorable Mayor and Members of Athe City Council ~ FROM: James L. ~owersox,.City Mana~ ~:~ ~;~F~Ch~a~stant Cit?~anage~''~/~ INITIATED BY: 'g -Q er, Oirector of Pl[n~ing Services ku- DATE: April 18, lg95 SUBJECT: Environmental Assessment and Modification to Conditional Use Permit 85- 03M{3) and Variance 95-02 and Oevelopment Review 95-06, Robert Townsend, Owner, Jim Harris Applicant ABSTRACT A request to add a 5,473 square foot service and parts area to the Townsend Dodge auto dealership located at 14010 Poway Road within the Manufacturing Services (MS) zone. The application also includes a request for a variance to allow a portion of a 760 square foot service write-up booth to encroach completely into the required ten foot side yard setback. ENVIRONMENTAL REVIEW The project is Categorically Exempt, Class 1 and Class 5 from the California Environmental Quality Act. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Public notice was published in the Poway News Chfeftafn and mailed to 99 property owners in the project area. RECOMMENDATION It is recommended that the City Council approve CUP 85-03(M)3 and Variance 95-02 and Development Review 95-06 subject to the conditions contained in the attached proposed resolution. ACTION E: \CITY\ PLANN ING\REPORT\CUP8503. SUM 1 of 13 APR 18 1995 ITEM 8 'AGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ J h D F t h A ' '"]~' INITIATED BY: o n . i c , ssissant City'Managerv)\- Reba Wright-Quastler, Director of PlannHng Services Carol Rosas, Assistant Planner II DATE: April 18, 1995 MANDATORY ACTION DATE: May 22, 1995 SUBJECT: Environmental Assessment and Modification to Conditional Use Permit 85-03M(3) and Variance 95-02 and Development Review 95- 06, Robert Townsend, Owner, Jim Harris, Applicant: A request to add a 5,473 square foot service and parts area to the Townsend Dodge auto dealership located at 14010 Poway Road within the Manufacturing Services (MS) zone. The application~ also includes a request for a variance to allow a portion of a 760 square foot service write-up booth to encroach completely into the required ten foot side yard setback. APN: 323-190-68,69 BACKGROUND An auto dealership has existed on the site for more than twelve years. Over the years the facility has been enlarged. The most recent expansion occurred in 1992 after the City Council approved an application to add a 5,150 square foot auto sales office and display area. FINDINGS Townsend Dodge is requesting approval to add a 5,473 square foot service and parts area addition with a service write-up booth. The applicant is also requesting a variance approval to allow the service write-up booth to encroach completely into the required 10 foot side yard setback. The proposed addition will include seven service bays, a customer waiting area, a small retail space and a parts rooms. The exterior of the proposed addition will be painted concrete block and split face block walls with a parapet roof to match the ACTION: 2 of I3 APR 18 1995 ITEM 8 Agenda Report _ April 18, 1995 Page 2 existing buildings. The project complies all City development standards except the side yard setback. The required findings to support a setback variance are provided in the proposed resolution and include the fact that the property is located in an area that is zoned manufacturing service and often commercial and manufacturing type uses are developed observing a zero side or rear setback which is the case for severa.1 properties in the project area. Development Facilities The project site is completely developed and is serviced by existing facilities. Therefore additional improvements are not required. A condition of approval for the project to improve on-site vehicle circulation requires the developer to reconfigure the parking lot in the rear and clearly identify customer parking areas. ENVIRONMENTAL REVIEW The project is Categorically Exempt, Class 1 and Class 5 from the California Environmental Quality Act in that it is a minor addition to existing facilities and a minor alteration to land use limitations. - FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF Public notice was published in the £oway News Chieftain and mailed to 9~9 property owners in the project area. RECOMMENDATION It is recommended that the City Council approve CUP 85-03{M)3 and Variance 95-02 and Development Review 95-06 subject to the conditions contained in the attached proposed resolution. JLB:RWQ:CMR:kls Attachments: A. Proposed Resolution B. Zoning and Location Map C. Proposed Site Plan D. Proposed Floor Plan E. Proposed Building Elevations APR181995 ITEM 8 3 of 13 RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 85-03M(3) AND VARIANCE 95-02 AND DEVELOPMENT REVIEW 95-06 ASSESSOR'S PARCEL NUMBER 278-181-41 WHEREAS, Conditional Use Permit 85-03M(3) and Variance 95-02 and Development Review 95-06, submitted by Robert Townsend, Owner for the purpose of adding a 5473 square foot service and parts building to the Townsend Dodge auto dealership located at 14010 Poway Road in the Manufacturing Services (MS) zone. The addition will encroach completely into the required ten foot side yard setback; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that the project is Categorically Exempt, Class 1 and Class 5 from the California Environmental Quality Act in that it is a minor addition to existing facilities and a minor alteration to land use limitations. Section 2: Findinqs: Conditional Use Permit 85-03M{3) and Development Review 95-06 1. The proposed project is consistent with the general plan in that the proposed project is located in the MS( zone which permits auto dealerships with a conditional use permit. 2. That 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, residents, buildings, structures, or natural resources, in that the architecture and color scheme of the proposed project matches the existing structures on the site and that the business will be conducted in a manner similar to the existing auto dealership. 3. That the harmony in scale, bulk, coverage, and density is compatible with adjacent uses, in that the proposed structure meets zoning standards for front and rear setbacks, lot coverage, and building height. And that the portion of the building that encroaches into the side yard setback will be adjacent to the rear wall of a commercial building which also observes a zero setback. 4. That there are available public facilities, services, and utilities for the proposed sales structure as all facilities can be provided for through the conditions of approval. 4 of 13 APR 181995 r~'EM 8 Resolution No. P- Page 2 5. That there will not be harmful effect upon desirable neighborhood characteristics, in that the proposed structure is screened from the surrounding residential and commercial uses by an eight foot high wall and landscaping. 6. That the generation of traffic will not adversely impact surrounding street and/or City's Circulation Element assumed a manufacturing or auto- related use on this site and the levels of traffic generated by this project are not expected to exceed levels normally associated with those types of uses. 7. That the site is suitable for the type and intensity of the use proposed, in that the proposed project consitutes an extension of the existing land use of the site and the topography of the site will allow for the construction of the auto service building. 8. That there will not be significant harmful effects upon environmental quality and natural resources, in that the site has been fully disturbed and contains structures, paving and landscaping. 9. That there are no other relevant negative impacts of the proposed use that cannot be mitigated, in that the conditions of approval include requirements which address all potential negative impacts. 10. The proposed use will not adversely affect the City of Poway General Plan for future as well as present development in that the General Plan designates this site for limited commercial uses such as auto related businesses. Variance 95-02 1. There are special circumstances applicable to the property, and because of this the strict application of the Zoning Development Code deprives the project of privileges enjoyed by other properties in the vicinity under identical zoning classification. The subject site has street frontage on three sides which limits the developable portion of the property because of the zoning requirement that all required setbacks adjacent to a street be landscaped. 2. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought in that the adjacent commercial building west of the site observes a zero setback along the property line shared with the subject lot. 3. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zone in which the property is located in that other - properties located in the vicinity are developed similarly without ill affect. 5 of 13 APR 18 1995 ITEM Resolution No. P- Page 3 4. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located in that other properties in the area have been developed observing a zero side or rear yard setback. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the subject property in that auto related businesses are permitted in the MS zone with the approval of a conditional use permit. 6. The granting of the variance will not be incompatible with the Poway General Plan. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 85-03M(3}, Variance 95-02 and Development Review 95-Q6 subject to the following conditions: 1. Within 30 days of 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 on Real Property. 2. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. 3. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. APR 1 8 1995 ITEM 6 of 13 _ Resolution No. P- Page 4 4. Disabled access will be required throughout the facility. This includes employee and customer areas. Ramped entry to the service building will be required. Designated disabled parking will be required. 5. Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. 6. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 7. Prior to any use of the project area or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 8. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 9. Low flow plumbing shall be installed throughout the new construction. 10. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. 11. For a new commercial addition the applicant shall pay development fees at the established rate, The following fees, including but not limited to traffic mitigation, drainage, water and sewer fees shall be paid prior to building permit issuance. 12. The new service building shall be equipped or connected to an on-site oil separator system. 13. The required Building D~partment approvals and fees shall be received prior to the initiation of construction. 14. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. 7 of 13 APR181995 I'rEM Resolution No. P- Page 5 2. All two-way traffic aisles shall be a minimum of 24 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 3. The building plans shall be revised to clearly show customer parking areas. These areas shall be physically marked and identified on the site prior to final occupancy of the new service building. SIGNS Any s~gns proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. The developer shall pay a traffic mitigation fee, which at the current rate would be $4,785. It should be noted that fees are subject to change and the project will be assessed at whatever the adopted fee rate is at the time of actual payment. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. 2. The buildings 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 buildin. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting the Sheriff Department's ASTREA criteria. 3. The building will be required to install an approved fire sprinkler syste, 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. The sprinklered area shall include the service office area and canopy. 4. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor, system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 5. A "Knox" Security Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post indicator Valve. 8 of 13 APR 1 8 1995 ITEM 8 Resolution No. P- Page 6 6. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 8. Minimum 2A:IOBC fire extinguisher required for every 3,000 square feet and 75 feet travel distance. 9. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 10. 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. 11. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially _ completed to the satisfaction of the City. 12. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 18th day of April 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk APR 18 1995 ITEM 8 9 of 13 cu~ 8~-o~M/3>,v^Rgs-o2, CITY OF POWAY ITEM: Zoning and Location  TITLE : Map SCALE · None ATTACHMENT: lo of 13 APR I 8 1995 ITEM 8 ~ OLNE TREE LANE I,'~/ ~ ~ ATTACHMENT C t l! ] 1 8i1995 ITEM [[ O~ [3 TOWNSEND DODGE !r =~7~ ATTACHMENT D APR ~8 1995 ITEM 8 12 o ,TOWUS~u~ ~o~o~1 ~