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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\ - 3 of 7 /'"" ....... , 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'" '" )I M ~ 3w ~ ~ ..~ @U1' ;'@o;~ ;@:::i o ' \('l ..~ ' ::f;':' ~ ~~ II:Vl ......1 161"M ,/ .. .F.."......oll.l'\. 'n SCRIPPS ':!.1ifJiw'455WAY '_.h' (S. POWtN p'"y) ----- ~~ :. J [Tl/I -- ,.'S;'~l""'''~ Ul ~t9\ \ tv ~.L) () [Tl Z A M ~~ ;0 ~I k ~ e~,,, l>' ~ .." ul'VfN'\o ~"'\!V'" -7; - ~ \II, 0;:: >: 2 \!l.~ 0'1'10 T'- " ~ 'S1'. l~.eo .:''''',(\3 1';f1.~'.:1e'4t..w ......-.:...~ /5 "Ie.t.ZS03w {S--= .1'1.(;1. (;&.,. 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'"l. , , 'l'. t~.~\~;" -:;-,. ::~ ir,1\ ':,:~ "_it;-' ~1, ';~~( , ,!.,ytt W-;&:~~ .: ,~ ~: t~~. \~\; .,.. "l," '1~ . \ll,.~~ (1 ,;~, ~~~~ " ;W~ ,~',o' ,;:; ,."", -",\;: ~'u, .'~''K~ , ~.\"!: ,-- W"'i'> . "~>.;.Ii. r:,.""""", ' ':-';~}1J'r~"'" , ~~'.E::\' '~; '\H'O\ 'i,~', ~-~~~;{ .Qj , ':;, . '. ". ,', iI.~' .\ ~ '?;I~~:I \', ,~ \\'.'~"" 'I..... ,~~'r . -,,'0 ., .'1\;',' ,~~\ :.\.j.g.... ./~, :.).!, ,'" "~. .~\. \.~'~I TEM \25 I ~ ~\~ '': 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 r-I-' , ....-.,,~ ,i , fmuD~~--~ImmI I ' . ~ . -1 '", >-.... ;;:~ :':, .,.~, -. ~ .."......1:;.; f/5~ . -1#.".-" m ;:pl'<- ~t i~r..' ze.~ ,'<'- , '~~Im" '1::' ..~2. 3 $:: '~~r:1-: FJt ~~;~... 'd ?,4';, .,. 47 IS, :\@ '",;;.; , 1 ; ,I: :;ff,~' , : ~'M' .43 . ~~'44 '.', . ~ :4";..,.. . . _,_.a: ;.. - - 4- s ~ 7 8 (j) ~ -; /0 II /2 13 ~~~(G~~ ~~ 48 1.5 45 S1) 0$1 0$2 35 3/ 34 3i! 33 31". 30 'I 42 '41 40 35 38 ", 37 ..... ' .....'2~..,' 28 27 Ie' to.... u".. 0......",.., ATTACHMENT A JUN 6 1995 ITEM -25 i \ MAY 23 1995 ITEM 24 ,I 5 of 9 ---r iJd \1~-, "0 " " r ~ < ;t~3 -....J <\ .. r:: ill "\ , I I I~ " ',) ~ ;2 ,r '" "- \l :L '" " / ./ ...- ----- i'Y ,/ \i / -.......: I \ 0\ \-f ;~ ,~ y ;, - 1 rr 1\ (' >- 1 3 -.. ~ } . ~ <1 ~ p L-::( \ r 6 of g ,/~ ? / / 1.1 c _-1- ___'-- ' "",~,=~ -----r-------'':', i' \\ '\,;; " i)'; \ I K - C ~ ~~ ,t'" ,-- , 7t~f>\'-,,:-, --"'\- /' -- ~, --,~ -.--" - - _'_ ~\>e- ''=! / ',,- "'- ------- ::.. - ~, \ '..JJ " "-." """ - -,----, ,;: - ~ \ \ H "I \ '. - - -, ------- : ~ ~,i ...1 ':. '~ t '-J "\' ~c--- \ \ 4 \'>>\ '~"~, \ 7. ~) ,-- V \', ~ ' ~ '\.\" " \, ill "1 I I,"," , ., "'I, ,-' II c1I i ," \ 4 "..I, \ I . , 'I,' -' ", "'\ \lJ I, // I \---' -~ 'lA-I . -l'l'\flll \'.\ '7 ~ __ .Ill..... ,.H~4. ' ...... /( "I 1.;-V\, _ \ '. ~ 9 / Nel w cr,\-::' IiI" ~ /" '" c Ii ~ . r" t,\ \\ ~ "1:;,/ ~ a ~ :1) \; c I I '-..., \ \, \ J 'Wi >-' ~ I . S "z ,";: I -~-T ~ ! r I II . I, ""3i~)~~ 'f '" ,/ {'\ \.1 <! '-I -0: '" .'-....; + ~ ~ " iI~~"""4 ~/; (' , J -i-~\ ,~\ \t,,~\ ft' \ ,\ ~\ \ 1,\\ I \\1 \ ,{ li .~ S '2 ~~ ~~ \ll \S<! ~IU "'- ~<!. '-l' fY'/Q 2..),i"1IU"'Y'C'l:~n . ~ I 7\ "I " ~ '" ";[?l"O~~"'r"'''''\'''I? ;..")tJ."'3'a~ \~ ~I " ~ ~/ ':! IlIJ '2"J uJ -4 1Ll~.., '" -> ~ Ii)- ~ .>1 ~ iU'Z '" IJ 0 '- '2 >II l: III <( '" I :-IL %1 '" l ,~~ JUN 6 1995 ITEM 2~/ ','1 <~~.C J; MAY 23 1995 IT M 24 :t:. '~I ~ I >- <! \U i ~ ~ 4- uJ 7. ~ ~ , '-l ~ :J ,<' <t l\ror':: \~ ... ,::'" 15 1'" 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