Item 25 - Interpretation of South Poway Development Standards to Allow Towing
ABSTRACT
Anytime Towing plans to relocate from their location on Poway Road to the Parkway
Business Centre by Summer 1995. In order to meet the demands of police and automobile
towing contracts, they need a location for the tow operation and temporary storage of
the impounded vehicles.
ENVIRONMENTAL REVIEW
The interpretation of the South Poway Development Standards is not subject to the
California Environmental Qual i ty Act.
FISCAL IMPACT
Not applicable.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council concur with the interpretation of the South
Poway Development Standards outlined by the Director of Planning Services to allow the
towing operation and temporary storage of impounded vehicles on Lot 13 within the
Parkway Business Centre for Anytime Towing, applicant, as a temporary use permit
requiring staff approval.
ACTI ON
E: CITY PLANNING REPORT Tup0474a.SUH
TO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
\ \
~-"-- ~ ...
(r2.;
AGE~RT SUMMARY
Honorable Mayor and Members ~~~ City Council
James L. Bowersox, City Ma~
John D. Fitch, Assistant City Manager~~
Reba Wright-Quastler, Director of Plan~ng Services ~
June 6, 1995
Interpretation of South Poway Development Standards to allow towing
operation and temporary storage of vehicles on a lot within Parkway
Business Centre, Anytime Towing, Applicant
\
\
,JUN 6 1995 ITEM 25,:11
TO:
FROM:
INITIATED BY:
DATE:
MANDATORY
ACTION DATE:
SUBJECT:
BACKGROUND
AGENDA REPORT
CITY OF POW A Y
REVISED
Honorable Mayor and Members of the City Council
James L. Bowersox, City Ma~ \\
John D. Fitch, Assistant City Manage~
Reba Wright-Quastler, Director of Plann~ ~ervices
Stephen A. Streeter, Principal Planner ~
June 6, 1995
June 27, 1995
Interpretation of South Poway Development Standards to allow
towing operation and temporary storage of vehicles on Lot 13
within Parkway Business Centre, Anytime Towing, Applicant
APN: 317-280-S4
Since the May 23, 1995 date that this item was on the City Council agenda, the
applicant has negotiated to utilize Lot 13 of Parkway Business Centre. A revised
site plan is being developed and must be approved by staff prior to commencement
of a temporary use on the site. A conditional use permit/development review
(CUP/DR) application will be submitted on the same site in the near future.
FINDINGS
If the City Council concurs that the outdoor temporary storage of vehicles on a
lot within the Parkway Business Centre is allowable, then staff will proceed to
issue the TUP on June 7, 1995 subject to the conditions outlined in Attachment
B. Conditions for an eventual CUP/DR will be comparable to CUP 90-18 for Rancho
Towing on Quate Court approved by the City Council on January 29, 1991. The
applicants will soon enter escrow to purchase the property.
Lot 13 was not the original location for this proposed use. Staff thought that
Lots 37 and 38 to the south of the Pomerado Substation of SDG&E would be the
site. Lots 41 and 42 adjacent to those lots on the south were the most recent
alternative. When the owners of Parkway Business Centre were contacted about
ACTION:
2 of 7
tJUN 6 1995 IlEM 25 IW\
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3 of 7
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Agenda Report
June 6, 1995
Page 2
lots that would be suitable for outside storage, certain lots were identified as
well-suited for outside storage uses, i.e. Lots 2 and 3 of Unit 1 and Lots 2,3,4
and 36 through 39 of Unit 2. George Codling of ADI Properties indicated that
(with the exception of parcels along Scripps Poway Parkway) provided appropriate
screening is included, he thought most other parcels In Parkway Business Centre
could be used for the same purpose.
Thomas White of Hallmark Circuits, new owner of Lots 10 through 12 to the west
of Lot 13, had similar comments to Mr. Codling when contacted. His overall
concern is that the i ntegri ty of the busi ness park be ma i ntai ned. Adequate
landscaping and masonry walls for screening of the most visible portions of Lot
13 is of great importance to Mr. White.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
George Codling of AD1 Properties and Thomas White of Hallmark Circuits.
RECOMMENDATION
It is recommended that the City Council concur with the interpretation of the
South Poway Development Standards outlined by the Director of Planning Services
to allow the towing operation and temporary storage of impounded vehicles on Lot
13 within the Parkway Business Centre for Anytime Towing, appl icant, as a
temporary use permit requiring staff approval.
JLB:JDF:RWQ:SAS:ks
Attachments:
A. Location Exhibit
B. Draft Conditions for TUP
C. Letter from Nancy Shultz, Anytime Towing
o:\city\planning\roport\tup9474b.agn
.JUN 6 1995 ITEM 25 I'"
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TUP 94-74R
ANYTIME TOWING COMPANY
June 6, 1995
The following improvements shall be constructed to the satisfaction of the
Director of Planning Services:
1. The site shall be utilized in accordance with the approved site plan on
file in the Planning Department, except as may otherwise be provided
herein, prior to commencement of the activity.
2. Approval of this use shall not excuse compliance with all other sections
of the Zoning Ordinance and all other applicable City ordinances
presently in effect.
3. Obtain building permits for placement of modular office and comply with
accessibility requirements. School fees shall be deferred at this time
and paid for the office and for the shop/storage building after approval
of a conditional use permit.
4. The temporary use permit shall be subject to monthly review by the
Department of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the prior
month. If the permit is not in compliance with the conditions of
approval, or if the Planning Services Department has received
complaints, the required review shall be set for hearing with the City
Council to consider the modification or revocation of the temporary use
permit.
5. This temporary use permit shall expire on December 7, 1995 unless
permission is obtained for additional time from the Planning Services
Department.
6. Any proposed increase over 200 vehicles to be stored on the site must be
cleared with the Planning Services Department. Auction of impounded
vehicles is limited to twice per month.
7. Submit an interim hazardous materials waste recovery plan satisfactory
to the Director of Planning Services and the Director of Safety
Services. Approval of the plan is required prior to commencing
business.
8. Install a minimum six foot high chain link fence with nylon wind screen
or wood slats around the perimeter of the area to be used for the
temporary use permit.
The following improvements shall be constructed to the satisfaction of the
Director of Engineering Services:
9.
The site was 9raded per City approved grading plan G582-89. "Any
modification to the approved grading plan which will result in the
5 of 7
Attachment B
TUP 94-74R
June 6, 1995
Page 2
movement of more than 50 cubic yards of earthwork or paving of private
roads or parking lots of 10,000 square feet or more requires a grading
permit to be obtained prior to building permit issuance.
10. A right-of-way permit is required to be obtained from the City's
Engineering Services Department prior to doing work within the public
street right-of-way or any City-held easement. Permit fee and
inspection fee shall be paid and appropriate securities posted prior to
permit issuance.
11. The following fees shall be paid to Engineering Services prior to
building permit issuance:
Water fees (minimum of 2 meters required, 1 for potable and 1 for
reclaimed water)
2" meter (for potable line)............$3095.00
1 1/2" meter (for reclaimed)........... 1775.00
Sewer fees
Cleanout box .............................50.00 each
Inspection ...............................25.00 per cleanout
3 EDUs (2 for waste recovery to sewer)..7068.00*
* Assuming only 1/2 acre is used for storage of vehicles
with leaky hazardous material.
(Note: Traffic mitigation and drainage fees have been paid.)
These fees are those currently in effect and are subject to change.
The following improvements shall be constructed to the satisfaction of the
Director of Safety Services:
12. Submit proper application for business office and tow truck garage. If
either building exceeds 2500 square feet, a fire sprinkler system shall
be required to be installed in that building.
13. Provide emergency vehicle access.
E:\CITY\PLANNING\REPORT\TUP9474A.COA
6 of 7
1".0
~, . FRbM ANYT I ME TOW I NO
PHONE.. m. : 6797438
JUN. 1.1995 11:34AM P J
PHl'E m. : 619 486 0660
"We Do:ze But Never Olo,e"
ANYTIME TOWING a.k.8 Rancho Penasqultos Tov.
13939 Poway Road' Suite 11 484-4.
Poway, CA 92064
North County - 488::~664 · San Diego - 6.~3-1898
June 1, 1l}')5
Mr. Steve Streeter
City of Poway
13325 Civic Center Drive
Poway, CA lJ2064
Dear Steve:
Activity will he a tow storage impound yard, we will need to store 60 - 100 cars per
month. 'l1te~ will be impound cars only, not wrecked vehicles that may leak fluids.
This storage will be used only temporahty until we complete our CUP and construct
a permit facility. 11te San Diego Police Department ha.~ implemented a 30 day
impound section 14602.6 for drivers with unlicensed, suspended or revoked licenses
on April I, 1995. This has created an urgency for temporary storage use until we
complete the facility.
We will need a temporary trailer for an office which will be staffed 24 hours a day.
We will also need a temporary sign and we will install a 6 foot high temporary cham
link fence.
Thank you.
''1\in~ ~~ h.
Nancy Shultz
7 of 7
Attachment C
~UN 6 1995 .;EM 25"1.
r=
AGENDA REPORT SUMMARY
DATE:
SUBJECT:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
John D. Fitch, Assistant City Manager 'fit Jl
Reba Wright-Quastler, Director of Plan~ng Services ~
May 23, 1995
TO:
FROM:
INITIATED BY:
Interpretation of South Poway Development Standards to allow towing
operation and temporary storage of vehicles on two lots within Parkway
Business Centre, Anytime Towing, Applicant
ABSTRACT
Anytime Towing plans to relocate from their location on Poway Road to the Parkway
Business Centre by Summer rggs. In order to meet the demands of police and automobile
towing contracts, they need a location for the tow operation and temporary storage of
the impounded vehicles.
ENVIRONMENTAL REVIEW
The interpretation of the South Poway Development Standards is not subject to the
California Environmental Quality Act.
FISCAL IMPACT
Not applicable.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended.~at the City Council concur with the interpretation of the South
Poway Development~andards outlined by the Director of Planning Services to allow the
towing operation and temporary storage of impounded vehicles on Lots 41 and 42 within
the Parkway Business Centre for Anytime Towing, applicant, as a temporary use permit
requiring staff approval.
ACTION at the request 0, the appllcant.
,Continued to 6-6-95~ 3-0. Councilmembers Callery and Rexford absent.
i'~'lo-V\~ k :J UC0.->l t....
Marjorie K. Wahlsten, City Clerk
E:\CITY\PLANNING\REPORT\TUP9474A.SUM
JUN 6 1995
MAY 2 3 1995
ITEM 25 ,I
ITEM 24
1 of g
,-
~-
AGENDA REPOR1
CITY OF POW A Y
This report is induded on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO:
FROM:
INITIATED BY:
DATE:
MANDATORY
ACTION DATE:
SUBJECT:
BACKGROUND
Honorable Mayor and Members of the City Council
James L_ Bowersox, City Manager
John D. Fitch, Assistant City Manager ~.yj .
Reba Wright-Quastler, Director of Planning Services~
Stephen A. Streeter, Principal Planner
May 23, 1995
June 6, 1995
Interpretation of South Po way Development Standards to allow
towing operation and temporary storage of vehicles on Lots 41
and 42 within Parkway Business Centre, Anytime Towing,
Applicant APN: 317-810-18 & 19
Anytime Towing plans to relocate from their location on Poway Road to the Parkway
Business Centre by Summer 1995. Anytime Towing signed a contract with the San
Diego Police Department beginning in January 1995, in addition to existing
contracts with the Sheriff's Department, California Highway Patrol, and various
automobile clubs. The contracts will involve the towing and temporary storage
of approximately IS0-200 impounded late model vehicles monthly. In order to meet
the demands of this contract, Anytime Towing needs a location for the tow
operation and temporary storage of the impounded vehicles. Permission has been
secured for a tow storage yard in the Miramar area. The Poway facility would
cover nearby North County communities.
On August 18, 1994, the City Council held a pre-development conference on this
use within the business park and concurred that it would receive consideration
with a conditional use permit. The South Poway Development Standards do not
a 11 ow for outdoor storage of vehi c 1 es on a permanent bas is at present. On
December 6, 1994, a similar request for Lots 37 and 38 of Parkway Business Centre
was removed fro~ calendar until written permission to proceed was obtained from
the property oifier of another lot or lots for the intended purpose. On December
13, 1994, the ~ty Council adopted a resolution to initiate various specific plan
amendments, inc1uding one for outdoor storage uses within the business park. The
specific plan amendment is expected to be on one of the June 1995 City Council
agendas.
ACTION:
2 of 9
See Summary Sheet
JUN 6
25
,J
1ClCl<;
MAY 2 3 1995 ITEM 24
(::
{..-
Agenda Report
May 23, 1995
Page 2
The applicant is seeking concurrence from the City Council that they be allowed
to relocate the towing operation on Lots 41 and 42 of Parkway Business Centre,
1.64 acres on the north side of Danielson Street identified as Assessor's Parcel
Numbers 317-810-18 and 19. The applicant is in escrow for these two lots and will
pursue a conditional use permit/development review for permanent facilities on
these lots within the next two months.
FINDINGS
The request is similar to the staff action of September 1993 to allow for the
temporary outdoor storage of vehicles while a permanent building was being
constructed for Bundy Trucking on Lot 42 of Tech Business Center. This same
approach is being requested here.
A request for the City Council to initiate a specific plan amendment to designate
certain lots Jithin the business park for outside storage uses or heavy
industrial uses by conditional use permit was approved on December 13, 1994.
These lots will be among the lots recommended for those conditional uses.
Staff has received a preliminary conditional use permit submittal for Anytime
Towing on Lots 41 and 42. The applicant has reached terms with Poway Venture
Ltd., owner of these lots within Parkway Business Centre. When the City Council
considered this request at an August 18, 1994 pre-development conference, Lots
75 and 104 owned by Cadillac Fairview Pomerado, Inc. on Stotler Court were
proposed. Several other lots were considered in the intervening time.
Anytime Towing proposes to enclose the perimeter with a minimum six foot fence.
This fence will be set back 25 feet from the street. The fence will have slats
or nylon windscreens in the chain 1 ink. Eventually, a masonry wall would be
installed surrounded by five feet of landscaping on the exterior side and rear
yards with 25 feet of landscaping in the front yard area other than the driveway
access.
A hazardous waste management program will be implemented utilizing hazardous
waste recovery pans. These pans will be apprOXimately 4 feet by 5 feet by 1 inch
deep. Pans will be placed under vehicles emitting any hazardous by-products.
Anytime Towing anticipates that 10 percent of the vehicles they handle will
require hazardous waste management. In cases where vehicles are towed from
traffic accidents, most of the fluids are spilled at the accident site and
cleaned up there.
A modular off~ building of 2450 square feet and a shop/storage building of 3420
square feet are proposed eventually. Initially, a rented trailer of less than
500 square feet will be used. Three shipping containers are proposed to store
materials for the business. Two are 8 feet high by 40 feet long and one is 8
feet high by 20 feet long. A temporary use permit was granted to store these
containers on property on the west side of Adah Lane, south of Poway Road. The
containers have been painted a beige color to be more compatible with the
surroundings.
Anytime Towing anticipates housing 150 to 200 late model vehicles monthly that
will be temporarily stored for negligent impound reasons within six months of the
contract effective date. These vehicles require no special handling except for
storage. It is estimated that gO percent of impounded cars are removed within
three days.
JUN 6 1995 ITEM 25 ,\
MAY 23 1995 ITEM 24
3 of 9
r-
Agenda Report
May 23, 1995
Page 3
Cary Shultz, the owner of Anytime Towing, has been in the auto repair/towing
business in the City of Poway since 1974 and currently has 16 employees. Their
business assists Local Law Enforcement and Transportation Officials and collects
negligent impound fees on behalf of the City of Poway.
If the City Council concurs that the outdoor temporary storage of vehicles on a
lot within the Parkway Business Centre is allowable, then staff will proceed to
issue the TUP on May 24, 1995 subject to the conditions outlined in Attachment
B.
This temporary use permit will expire on July 15, 1995 unless additional time is
granted by the current property owner and approved by the City. A conditional
use permit appl ication for the proposed use on the proposed site shall be
scheduled on a City Council agenda concurrent with or after their consideration
of a specific plan amendment to allow outside storage uses and heavy industrial
uses by conditional use permit within the business park. The conditions will be
comparable to CUP 90-IB for Rancho Towing on Quate Court approved by the City
Council on January 29, 1991.
ENVIRONMENTAL REVIEW
The interpretation of the South Poway Development Standards is not subject to the
California Environmental Quality Act. An environmental initial study will be
prepared for the conditional use permit/development review to determine whether
a negative declaration with mitigation measures or the previously certified
environmental impact report (EIR) and subsequent EIR are adequate to address the
impacts of this specific use.
FISCAL IMPACT
Not applicable.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council concur with the interpretation of the
South Poway Defelopment Standards outlined by the Director of Planning Services
to allow the tewiOg operation and temporary storage of impounded vehicles on Lots
41 and 42 within the Parkway Business Centre for Anytime Towing, applicant, as
a temporary use permit requiring staff approval.
JLB:JDF:RWQ:SAS:ks
Attachments:
A. Locat i on Exh i bit
B. Site Plan
C. Draft Conditions for TUP
D. Letter from Cary Schultz, Anytime Towing
e:\city\planning\report\tup9474a.agn
4 of g
JUN 6 1995 ITEM 2.5 . \
MAY 2:J 1995 ITEM 24
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ATTACHMENT A
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MAY 23 1995 ITEM 24 ,I
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TUP 94-74R
ANYTIME TOWING COMPANY
May 23, I995
The following improvements shall be constructed to the satisfaction of the
Director of Planning Services:
1. The site shall be utilized in accordance with the approved site plan on
file in the Planning Department, except as may otherwise be provided
herein, prior to commencement of the activity.
2. Approval of this use shall not excuse compliance with all other sections
of the Zoning Ordinance and all other applicable City ordinances
presently in effect.
3. Obtain building permits for placement of modular office and comply with
accessibility requirements. School fees shall be deferred at this time
and paid for the office and for the shop/storage building after approval
of a conditional use permit.
4. The temporary use permit shall be subject to monthly review by the
Department of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the prior
month. If the permit is not in compliance with the conditions of
approval, or if the Planning Services Department has received
complaints, the required review shall be set for hearing with the City
Council to consider the modification or revocation of the temporary use
permi t.
5. This temporary use permit shall expire on July IS, I995 unless
permission is obtained from the current property owner for additional
time and the Planning Services Department grants an extension of time up
to six months from May 24, I99S. A conditional use permit application
for the proposed use on the proposed site shall be scheduled on a City
Council agenda concurrent with or after their consideration of a
specific plan amendment to allow outside storage uses and heavy
industrial uses by conditional use permit within the business park.
6. Any proposed increase over 200 vehicles to be stored on the site must be
cleared with the Planning Services Department. Auction of impounded
vehicle$<is limited to twice per month.
~
7. Submit an interim hazardous materials waste recovery plan satisfactory
to the Director of Planning Services and the Director of Safety
Services. Approval of the plan is required prior to commencing
business.
8. Install a minimum six foot high chain link fence with nylon wind screen
or wood slats around the perimeter of the area to be used for the
temporary use permit.
ATTACHMENT C
7 of 9
JUN 6 1995 ITEM 25 '1
MAY 23 1995 ITEM 24
TUP 94-74R
May 23, 1995
Page 2
The following improvements shall be constructed to the satisfaction of the
Director of Engineering Services:
g. The site was graded per City approved grading plan G582-89. Any
modification to the approved grading plan which will result in the
movement of more than 50 cubic yards of earthwork or paving of private
roads or parking lots of 10,000 square feet or more requires a grading
permit to be obtained prior to building permit issuance.
10. A right-of-way permit is required to be obtained from the City's
Engineering Services Department prior to doing work within the public
street right-of-way or any City-held easement. Permit fee and
inspection fee shall be paid and appropriate securities posted prior to
permit issuance.
11. The following fees shall be paid to Engineering Services prior to
building permit issuance:
Water fees (minimum of 2 meters required, 1 for potable and 1 for
reclaimed water)
2" meter (for potable line)............$3095.00
1 1/2" meter (for reclaimed)........... 1775.00
Sewer fees
Cleanout box .............................50.00 each
Inspection ...............................25.00 per cleanout
3 EDUs (2 for waste recovery to sewer)..7068.00*
* Assuming only 1/2 acre is used for storage of vehicles
with leaky hazardous material.
(Note: Traffic mitigation and drainage fees have been paid.)
These fees are those currently in effect and are subject to change.
The following improvements shall be constructed to the satisfaction of the
Director of Safety Services:
~
12. Submit ~oper application for business office and tow truck garage. If
either buirding exceeds 2500 square feet, a fire sprinkler system shall
be required to be installed in that building.
13. Provide emergency vehicle access.
E:\CITY\PLANNING\REPORT\TUP9474A.COA
8 of g
JUN 6 1995
MAY 2 3 1995
ITEM 25
ITEM 24
(~"fe Doze But Never Close,! (c __ "
ANYTIME TOWING - a.k.a Rancho PenasquiloS Towing
13907 Poway Road' Unit A 484-4426
Poway, CA 92064
North County - 486-0664. San Diego - 693-1898
/,'_.",
.
August 31, 1994
City of Poway
P.O. Box 789
Poway, CA 92074-0789
I
I
Re: Anytime Towing
Anytime Towing is planning on occupying Lot 104 and Lot 75 located at 12500
block of Stotler Court on December 1, 1994. At this time we will completely enclose
the perimeter with a 6 foot fence with an additional 2 foot razor wire facing inward -
this fence will be set back 25 feet from the street The fence will have slates in the
chain link.
A driveway will be placed on Lot 104 with access to a temporary trailer. A
hazardous waste management program will be implemented utilizing hazardous
waste recovery paris. .These pans will be approximately 4 ft x 5 ft x I in deep. The
pan will be placed under vehicles omitting any hazardous by-products. We anticipate
this to be 10% of our business - ex., accidents, abandoned vehicles.
With the new San Diego Police Department contract beginning on January 1, 1995,
we anticipate housing -150 - 200 late model vehicles monthly that will be temporarily
stored for negligent impound reasons. We will be housing this many vehicles within.
6 months, once the contract gets flowing. These vehicles will have no more
J;equirements than a car parked at a car dealer. Our records show that 90% of cars
.impounded will leave within 3 days.
We will occupy Lot 104 and begin the improvements on Lot 75. Our scheduled plan
will be completed in 24-30 months. Our plan will be:
1. Proper grading permits
2. Approval for a pad - 35-8..{j() for a business office
3. Approval for a pad - 4O-14..{j() for a tow truck garage
4. Correct paving and grading with the appropriate sump or tank with an oil
interceptor system.
5: Waste ~&.ement plan showing how oil, gas and other waste liquids will be
disposed of alil controlled.
Once this is cOmpleted then we will move on to Lot 75 and remove the trailer from
Lot 104. At this time we will~LLotl04 and this lot will be used strictly for lien
sales - consisting of late model driveable vehicles.
,.-....
If you have any questions, please feel free to call.
Si~~
willliim Cary hultz
RECEiVED
SEP 02 1994
ATTACHMENT D
en"'( Or povVAY
PLANNING DEPT. 25 II"
JUN 6 1995 ITEM
MAY 2 3 1995 ITEM 24.1
(
9 of 9
,L9-:..~ 6~~
RECEIVED
Rancho Towing
13117 Quate Court
Poway, CA. 92064
(619) 748-0141
,
JUN 2 1995 ,
CITY OF POWAY ..f
CITY CLERK'S OFFIC!
May 31,1995
Mayor Higginson and Members of
the City Council
City of Poway
P.O. Box 789
Poway, CA. 92074-0789
Re: Interpretation of South Poway Development
Standards to Allow Towing Operation and
Temporary Storage of Vehicles (Anytime Towing, Applicant)
Docket of June 6, 1995 Item # 25
Honorable Mayor Higginson and
Members of the Council :
Rancho Towing operates at 13117 Quate Court in Poway. We conduct several towing
businesses both inside and outside the City of Po way. Our Poway facility is a duly permitted and
legally constituted storage facility. We spent over $80,000 in improvements required by Poway
~ we could commence operations. All for a 16,000 sq. foot lot.
We object to the proposed interpretation of the South Poway Development Standards and
to the granting of a temporary use permit for a towing operation and storage of vehicles on Lots
41 and 42 within the Parkway Business Centre. Our objection is based on the following :
1. The Inteq>retation and the Temporary Use Permit Which Will Follow Are Unlawful.
The Agenda Report acknowledges that the South poway Development Standards do not
allow for outdoor storage of vehicles on a permanent basis, even with a conditional use permit. In
fact, the City Council is considering a Specific Plan Amendment to designate certain lots within
the Parkway Business Centre for outside storage uses by conditional use permit. However, that
item has not yet been heard by Council. Currently the requested use is not an enumerated
Temporary Use allowed by the City of Po way Zoning Ordinance. All things considered, it is
improper for Anytime Towing to commence a storage operation without a specific plan change
and a conditional use permit IDll after having satisfied all conditions. We are entitled to insist
that, all competitors play on a "level playing field" in regards to the zoning laws of the City of
Poway.
JUN 6 1995 ITEM 25 '
2. It is Unfair that Anytime Towing is not required to adhere to Approoriate conditions
Before commencing its StoralZe ooeration.
Rancho Towing's operation at 13117 Quate Court was required to install an underground
sump system and completely asphalt the entire Yard and install a 6" berm around the perimeter to
protect against the runoff of hazardous waste from the vehicles stored there. In addition, we had
to comply with a number of other expensive conditions, at a total cost of approximately $80,000.
Rancho towing was not able to commence operations on this site until we had completed such
improvements to the satisfaction of the City of Po way. In contrast, Anytime Towing will be
allowed to commence operations, long before it has complied with appropriate conditions for the
protection of the public. While the Agenda Report states that the ultimate conditional use permit
conditions "will be comparable to CUP 90-18 for Rancho Towing on Quate Court approved by
the City Council on January 29,1991,........" there is no requirement that the applicant fulfill any
conditions before commencing its towing operation and storage under a temporary use permit.
Again, this is unfair to Rancho Towing.
3. Aoolicant Is Asking for an Undulv Long Time to Install Improvements Necessary to
Prevent its Ooeration From Hanning the Environment.
In a letter to the City dated August 31, 1994, the applicant, stated that the improvements
to the site will be completed in 24 to 30 months. This is entirely too long. When we constructed
our facility, we completed the improvements within ( 7 ) months from City Approval. Again, all
the improvements were completed prior to us using the facility. The period proposed by the
applicant is entirely too long, is unfair to Rancho Towing, and presents a substantial threat to the
environment, as more fully discussed below.
4. This Proposed Facility is Needed Because ora Contract That Anytime Towing has iust
Recentlv Obtained from the City of San DielZo to Impound Vehicles Towed from Within
the City of San Diego.
The City of Po way should note that of the $72.00 towing fee which the applicant collects
for the tow it charges under the Contract with the City of San Diego, it will give back to the city a
referral fee of$33.00. After the referral fee, we estimate that the total gross revenues to Anytime
Towing will be in the neighborhood of $700,000 per year. Of course, all expenses of the
operation will have to come out of that figure. You should also know that in a declaration filed
with the Superior Court recently, Anytime Towing claimed under penalty ofpeljury that they had
already invested nearly $600,00 for the performance of that 5 year contract. We think it raises a
serious issue of the financial ability of this operator to perform under its contract, and that, in
turn, implicates its ability to conform with any improvement conditions which the City of Po way
may ultimately impose on the lots in question.
We strongly urge the City to take a much closer look at the financial condition of the
applicant before allowing it to ensconce itself on the lots within the Poway Business Centre, even
on a temporary basis. It would not be at all inappropriate for the City, at the very least, to
demand a bond for the construction of the ultimate improvements which the City would likely
require as conditions to the permanent conditional use permit.
JUN 6 1995 ITEM 25 ,. I
5. The A,pplicant's Stora2e Yard is Likelv to Cause Environmental Dama2e.
As stated above, Rancho towing had to meet strict and expensive conditions on our
property to ensure that no hazardous waste escaped from the property or saturated the soil. In
contrast, it appears that Poway proposes to allow Anytime Towing to commence operation by
simply using drip pans which are four feet by five feet and one inch deep. Apparently, those pans
will have to be emptied by hand into some appropriate containers. Anyone who has attempted to
walk around his or her kitchen with a shallow pan of water without spilling any, can realize the
near impossibility of a person carrying, without spilling, a four foot by five foot, one-inch deep
pan of motor oil, anti-freeze, or other hazardous substances. In addition, the proposed project is
4 times larger than our facility, based on the size of this project it is highly likely that Anytime
Towing will store Large Semi-Trucks involved in accidents. These vehicles have very large fuel
tanks, and some may be transporting Hazardous Chemicals. The simple use of small drip pans
seems highly inadequate in realtionship to the potential exposure.
6. Anytime's Application is Based on Misstatements of Fact.
The findings in the City Manager's Agenda Report state that Cary Shultz, the owner of
Anytime Towing, has been in the auto repair/towing business in the city of Po way since 1974....
In fact, Mr. Shultz, while in the auto repair business for a number of years, has only been in the
towing business for approximately 3 years, having bought Anytime Towing in 1992. Mr. Shultz
made the same misrepresentation to the City of San Diego in successfully obtaining a towing
contract with them The Agenda Report also states that: Anytime towing anticipates that 10% of
the vehicles they handle will require hazardous waste management." To the contrary, of the last
17,000 vehicles Rancho Towing has stored, approximately 22% of all the vehicles towed have
been in an accident or are abandoned and require a "Lien Sale". This means that the vehicles are
very likely in very bad shape to begin with, will likely leak fluids, and they will remain in the
"temporary" storage for 30 to 45 days before the lien sale can be legally effected. Thus, the
hazardous waste recovery situation is far more serious than Anytime Towing has represented to
the City of Po way. Mr Schultz' August 31, 1994 letter to the city, states the Anytime anticipates
housing 150 to 200 "late model" vehicles is also a misrepresentation. As stated above, a very
large number of vehicles will not be anything remotely approaching "late model." The average
age ofa vehicle lien sold is over 16 years old.
More importantly, the Report implies that Anytime's application is for the benefit of the
City of Po way. Nothing can be further from the truth. Anytime's current facility is more than
adequate to serve the needs of Po way. The sole reason for the current a,pplication is to serve the
City of San Dieg;o Anytime was awarded a towing contract for District No.1, a huge towing
district which runs from Interstate 8 north to beyond the Wild Animal Park and from Del Mar to a
point east of Poway. The communities of Scripps Ranch, Rancho Penasquitos, Rancho Bernardo,
Mira Mesa, and Del Mar, do not allow a land use as the applicant has requested.
This aoolieation is not for the benefit of the City of Powav
JUN 6 1995 ITEM 25
All things considered, we believe that it is improper and unfair of the City to render the
interpretation proposed and to grant a temporary use permit to Anytime Towing. Anytime
Towing should be required to obtain the necessary Specific Plan Amendment and Conditional Use
permit and to comply with all conditions of that permit, which should be comparable to the
conditions which Rancho Towing had to comply with, Before commencing the operation ofa
towing and storage business within the City of Po way. This is the only lawful way to proceed,
and is the only fair way to proceed.
I appreciate this opportunity to communicate my concerns to you. I will appear at your
hearing on June 6, 1995, after which we urge you to deny this application.
V!R_e:~L~tJ' fJ#-
Duane Pudgil
President
JUN 6 1995 ITEM 25 "I