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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~