Item 29 - TUP 94-74R
.-
)lSTRtBUTED 0~.~r;-cL2.r- v I~ ~fJ
esolution No. P-
Page 2
5. This temporary use permit (TUP) shall expire six months after approval
by the City Council. A conditional use permit/development review
(CUP/OR) application shall be submitted within 60 days after the City
Council's action to approve outside storage uses on certain lots within
the business park by CUP. City Council action on the CUP/OR application
shall occur within four months after approval of the TUP.
6. Impounded cars and trucks only are to be stored at the site during the
period covered by the temporary use permit. No wrecked vehicles will be
stored at the site.
7. The maximum number of vehicles to be stored on the site is 200. Auction
of impounded vehicles is limited to twice per month.
8. Submit an interim hazardous materials waste recovery plan satisfactory
to the Directors of Planning, Engineering and Safety Services. Approval
of the plan is required prior to commencing business. The temporary
towing operation and vehicle storage yard shall operate in such a way
that drip pans will not be required.
9. Install a vinyl-coated chain link fence of eight feet in height with
nylon wind screen or wood slats around the perimeter of the site
observing the building and landscape setbacks. A minimum eight foot
.- high screening wall of masonry or other suitable material/fence will be
required for the eventual conditional use permit/development review for
areas of the site visible to the public with vinyl-coated chain link
fencing considered for side and rear yard areas with landscape
screening.
10. The main entrance to the facility shall be from either Danielson Street
or Blaisdell Place with the other street frontage providing secondary
access.
No mechanical or auto body repair work will be done for stored vehicles.
M.iD^qu~Jnte,~3nce, ~n.st ~eryicing of tow vehicles is allowed. ~.l /100
R:~~p~j~[\I:._:qm9n1~1
12. Provide adequate off-street parking for lien sales. No on-street
parking along streets within the business park is allowed. Off-street
parking on any adjacent vacant lots would require the permission of the
property owner for the specified period of use.
13. Seatainers will be allowed for storage during the period of the
temporary use permit. Permanent storage buildings may be required for a
conditional use permit/development review approval.
The following improvements shall be constructed to the satisfaction of the
Director of Engineering Services:
- 1. The site was graded per City approved grading plan GS82-89. 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.
a 271995 ITEM 29
--
-"_._-~
,jJ~~27,/tr5
tW<<) DElIVERED
Copied for: ~TE ,-~~-9r
City Council
City Clerk Rancho Towing .:;,u IE C E ~ F r t
JLB/JDF/RW-Q ~ i! b ,:'-:111 ,
13117 Quate Court ". I \' 1':..'< k
Poway, CA. 92064 JUil 2:1 1995
(619) 748-0141 CITY OF rOiI,'/,.v
CITY MAi~AGEqE' "<:>"/-:::
Mayor Higginson and Members of June 22,1995
the City Council
City of Po way
PO Box 789
Poway, CA 92074-0789
Re: Temporary Use Permit 94-74R , Request to Allow
A Towing Operation and Sto age of Vehicles.
{Anytime Towing, Applicant
Docket ofJune 27,1995 It #29
- Honorable Mayor Higginson and
Members of the Council:
Rancho Towing operates at 13117 Quat 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 580,000 in improvements required by Poway
on our 16,000 sq. foot lot before we could commence any operations.
We object to the granting of a temporary use permit for a towing operation and storage of
vehicles on Lots 37 and 41 within the Parkway Business Centre. Our objection is based on the
following:
1. A1lowinl! Anytime Towing to Commence Onerations Prior to ComDletinl! Improvements
Is Unfair to Rancho Towing.
Rancho Towing was required by the City of Po way to complete III improvements prior to
commencing any business on the site. Our CUP 90-18 specified that "Prior to any use of the
project site or business activity being commenced thereof, A!!...conditions of approval contained
herein shall be completed to the satisfaction of the Director ofP1anning Services. In contrast, the
applicant Anytime Towing will be able to commence operations immediately without doing I!!X
significant improvements. This is unfair to Rancho Towing. The Applicant should be required to
obtain a Conditional Use Permit and complete all improvements prior to commencing any
- operations. We request that, all competitors play on a "level playing field" in regards to the
zoning laws of the City of Po way.
_ 271995 ITEM 29 t
2 Allowing the Aoplicant to Commence Operations On the Site Prior to Comoleting all
lmorovements is not Necessary.
Apparently, the applicant has obtained the financing necessary to complete all
improvements. In addition, the applicant currently has the necessary facilities to comply with all
the requirements needed for their business. The applicant has stated that they can make all
improvements on a final Conditional Use Permit within (6) months. Therefore, allowing the
applicant to occupy the site prior to finishing all improvements is both un-necessary and could
possibly put the City of Po way at risk of future litigation, as was necessary on CUP 88-22
January, 1989 (Applicant James Sullivan, Poway Towing). As the City of Po way recognizes it is
much easier and less expensive to require that the improvements be completed prior to allowing
the use, than it is to stop the use after the improvements have not been completed.
3. The Apolicant's Storag:e Yard is Likely to Cause Environmental DamalZe.
In our letter to the City of Po way dated May 31, 1995, we expressed a serious concern
regarding the precautions proposed by the applicant to prevent damage to the environment caused
by leaking fluids of vehicles stored at the facility. The Applicant proposed to use drip pans which
are four feet by five feet and one inch deep. Rancho Towing was required to pave our entire
facility with asphalt and we had to install an underground oil separation unit to insure that no
hazardous waste escaped from the property or saturated the soil. The current Agenda Report
Summary states, "the temporary towing operation and vehicle storage yard shall operate in such a
way that drip pans will not be required". What will be required? The Report implies that it is
OK to contaminate the soil, but only temporarily. One solution discussed at the council meeting
of June 6, 1995, was to not allow the storage of vehicles involved in accidents. While this may
mitigate a portion of fluids contaminating the soil, it is not practical or realistic to require that no
accident vehicles go to this facility. All towing companies tow and store vehicles that are
involved in accidents. We don't have a choice, our Police contracts require it.
4. The Apolicant has Submitted Numerous Temporary Use Permit Aoplications.
Since July 1994, the Applicant has submitted (5) separate applications for different
properties for the use ofa towing and storage yard. Many of the applications have been pulled or
changed due to the lack of preparation and foresight of the applicant. This lack of planning could
require many requests for changes on permit conditions and could cause extensive delays in
completing the ultimate Conditional Use Permit.
This Aoolication is not for the Benefit Of The City of Powav
D 271995 ITEM 29 t
.
_ In closing, we believe that the City of Po way should deny the Temporary Use Pem1it as proposed
and require that the applicant Anytime Towing obtain a Conditional Use Pem1it and complete all
conditions prior to commencing any operations on the proposed site. This is the Right way and
the Fair way.
I appreciate you taking the time to listen to my concerns. I will appear at your hearing on
June 27, 1995.
Sincerely,
i};ff,~rLW
Duane W. Pudgil
President
-
--
JUN 2 7 1995 ITEM 29
.
06 ~;'>95 OS:33 'C'819 23~ 193 BILl. SrL\'A PRES. .. CIn' OF POW.H ~OO2
Illl SILVA PIlHENTS
- ~
June 26, 1995
Mr. James L. Bowersox
City Manager
'3325 Civic Center Drive
Poway, Ca. 92064
Dear Mr. Bowersox:
Per our phone conversation earlier today, we are requesting a postponement of the July 18
heanng concerning the EIR and CUP for the proposed Poway Amphitheater.
Vie h3ve attempted to address all the concerns covered in the EIR and while doing so have
exceeded all budgetary expectations. As you know, we had early discussions with the City
of Poway concerning several issues, that now seem unrealistic from a financi..1 standpoint.
Our consultants are re-evaluating these issues as they pertain to the design of the project
and will hopefully come up With answers that will eneet all expectations while at the same
time allow us to make this venture profitable.
Bill Silva Presents still believes in and is committed to the Amphitheater project. However,
as we have stated from the beginning of the approval process, the project's revenue
potential's are limited respective to tne cost of construction and operation of the facility.
We currently have our team of experts working on solving our problems and giving uS a
design that we can proceed with, as quickly as possible. We will inform the City when
we are ready to proceed with our application.
Thank you; please contact us witn any questions you might have. As always, we look
forward to working with the City of Poway on tnis exciting project.
Sincerely.
~ ~.~
Stephen M. Redfearn
Vice-President
1875 Tnird Avenue. First Floor
San Dieso. c.:alifornia 92101
voice: 619 233.8400
fax: 619 233.8493 l.,,-J.l-'1S
-lt~