Item 5 - CUP 95-04 DR 95-07 VAR 95-04 Richard Darr
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AGENDA REPORT SUMMARY
TO: Honorable Mayor and Meabers of the City Council
~ J...s L. Bowersox, City "a~
FROM:
INITIATED BY: John D. Fitch, Assistant City Manager ~
Reba Wright-Quastler, Director of Planning Service
DATE: October 10, 1995
SUBJECT: Conditional Use Pe~it 9s-04/Developlent Review 95-
07/Yariance 95-04, Richard Darr, Applicant
ABSTRACT
A request to continue and expand a tire sales and service within a 2,389 square foot
building (1204 square foot building, 210 square foot canopy, 975 square foot addition)
along with brakes, automotive detail, and related services; recreational vehicle
rental, storage and minor repairs; equipment rental yard, truck and/or car
rental/leasing (possible uses); including a variance to side yard setback on the west
side near Poway Road, 1.25 acre site at 12957 Poway Road (just east of Winston Tire)
within the CG zone. APN: 317-490-57
ENVIRONMENTAL REVIEW
- The issuance of a Negative Declaration with Mitigation Measures (indicating no
significant adverse environmental impacts anticipated due to the addition of special
requirements to the project) is recommended.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 76 property
owner$ in the project area.
RECOMMENDATION
It is reCOMmended that the City Council issue a Negative Declaration with Mitigation
Measures, approve Conditional Use Permit 95-04 for tire installation, brake service,
auto detailing, and recreational vehicle rental and storage only, and approve
Development Review 95-07 subject to the conditions contained in the attached proposed
resolution. It is recommended that Variance 95-04 be removed from calendar since it is
not needed for the application before Council.
ACTION
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- AGENDA REPORtl
CITY OF POW A Y
TO: """.b1. ..", .,d .....,.~ Ctt, C"""
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manager ~~
Reba Wright-Quastler, Director of Planning Service
Stephen A. Streeter, Principal Planner ~
DATE: October 10, 1995
SUBJECT: Conditional Use Permit 95-04/Develooment Review 95-
07/Variance 95-04. Richard Darr. ADDlicant: A request to
continue and expand tire sales and service with the addition
of brakes, aut~tive detail, and related services;
recreational vehicle rental, storage and minor repairs;
equipllN!nt rental yard, truck and/or car rental/leasing
(possible uses); including a variance to side yard setback
on the west side near Poway Road, 1.25 acre site at 12957
Poway Road (just east of Winston Tire) within the CG zone.
APN: 317-490-57
BACKGROUND
AS and T Tires has been operating on the site since August 1993 with a business
certificate obtained in February 1994. The bus i ness was started wi th the
understanding that sales only of new and used wheels and tires would occur.
Installation was not to occur on-site unless a CUP was obtained. Staff has
beCOMe aware that AB and T is conducting tire installation on a regular basis and
has contacted the property owner to correct that situation. Approval of this CUP
would legalize the installation portion of the tire business.
The applicant also wishes to put a 975 square foot addition onto the rear of the
existing building in order to expand tire sales and service. He proposes to add
brake service, autOMOtive detail, and related services and to establish
additional businesses including recreational vehicle rental, storage and minor
repairs, an equi pMnt rental yard, and a truck and/or car rental/leasing
business. Mr. Darr proposes to initially use the existing office in the north
part of the tire store to operate MUltiple businesses that he hopes to establish.
ACTION:
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Agenda Report
October 10, 1995
Page 2
Revisions to the original application made by the applicant between April and
September 1995 include: deletion of western barbecue restaurant with outside
barbecue and seating, liquor license and dancing; deletion of recreational uses
such as miniature golf; addition and later deletion of motorcycle sales and
repairs; addition of car rental and leasing business; addition and later deletion
of jet ski sales and service; and addition of recreational vehicle rental,
storage and Minor repairs.
A recent prospective use for most of the site is for recreational vehicle (RV)
rental and storage along with minor repairs to the RVs. Motor ho.es and boats
on trailers are the primary type of RVs that would be expected to be on the site.
Since that specific use was not envisioned at the time of the application or
subsequent alllendments pri or to publication and mailing of the notices to
surrounding property owners for the September 26, 1995 pub li c heari ng, the
applicant agreed to continue that public hearing to seek City Council approval
for the RV rental and storage use. RV sales is another phase of the business
that ..y occur at a later time.
Mr. Darr has submitted two prior applications on the site in 1988-1990 and in
1993. The first application was approved by the City Council on August 28, 1990
for a barbecue restaurant that would have served alcohol, and the operation of
a wood storage lot. The project was never completed. The 1993 proposal was for
a mini grand-prix racing track with small gas-powered formula midget race cars.
That proposal was denied by the City Council on April 20, 1993 based primarily
on concerns with noise and COMpatibility with nearby residential and commercial
land uses.
The Poway Road Specific Plan proposes this area as a Mixed Use District with all
of the currently proposed uses being prohibited. Restaurants and recreational
uses would be allowable with a conditional use perMit/development review or a
minor conditional use permit respectively. Future expansion of any building on
the site by over 25 percent would trigger architectural compl iance with the
specific plan once it is in effect.
FINDINGS
Conditional Use Penlit
The applicant has proposed a range of uses that are allowed by conditional use
permit under the CG zone although they would not be consistent with the Poway
Road Specific Plan if it is adopted as drafted. A discussion of the individual
uses follows.
Tire/wheel sales and service
The tire/wheel sales operation was legally established in 1993. It has since
been illegally expanded to include installation. It is, however, compatible with
other uses that currently exist in the area including Winston Tire which has
occupied an adjacent site for several years. The applicant proposes to expand
the business to also provide brake "and other related" services and to do
OCT 1 0 1995 ITEM 5 .
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Agenda Report
October 10, 1995
Page 3
automobile detailing. These uses seem to be consistent with the operation of the
tire business as long as adequate hazardous waste facilities are installed.
RV Rental. Storaae and Minor ReDairs
Recreational vehicle (RV) rental and storage along with minor repairs to the RVs
would be a relatively quiet use. Intermittent rental and parking of motor homes
and boats on trailers would have a nominal effect on surrounding residential and
commercial uses.
The applicant proposes to extend the RV storage area to within 15 feet of the
rear property line. This would retain a 25' separation from the residential
property line to the south due to a ten foot easement adjacent to the southern
end of the property (a 1300 foot long by ten foot easement extending from
Carriage Road to the southeast corner of the Darr property). Section 17.10.140
of the Poway Municipal Code requires a 25 foot setback where a lot in a
commercial zone abuts a lot in any residential zone but allows this area to be
used for required open off-street parking areas. Since this property is about
ten feet higher in elevation than the residential lots to the south, parking of
RVs wi thin the IS foot setback coul d be all owed wi thout di sturbance to the
neighbors. A .inimum five foot setback for parking of vehicles will be observed
with landscaping added to that setback area.
EauiDment Rental Yard
Equ i plIM!nt rental is a business that generally requires substantial outdoor
storage and a large area. CORbining a use which uses this IUch land with another
large land user, such as RV Storage would overburden the site.
Conclusions
Because only the tire sales and service and the RV rental and storage are
compatible with the area and can be reasonably accolll1lOdated on the site, it is
recOMended that the conditional use permit approval be solely for those uses.
The possible uses of an equipment rental yard, truck and/or car rental/leasing
are too intense for this 1.25 acre site given the known use of a tire business
and the proposed RV rental and storage use.
DeveloDment Review
The building expansion is for 975 square feet to the existing 1204 square foot
building and 210 square foot canopy for a total of 2389 square feet. The 14 foot
tall building would be of similar construction to the existing with stucco
finish. The existing building has brick wainscot and an aluminum/glass
storefront. Two Detal roll up doors would face toward the west and require some
landscape or architectural screening.
. The existing building and the expansion are rather stark in appearance. A
condition is included within the resolution to incorporate architectural
enhancements into the final building design for the building expansion and to
upgrade the existing building. Examples of possible revisions include: brick
wainscot for the building expansion to match the current building, and extending
the roof over the storefront walkway.
OCT 1 0 1995 ITEM 5
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Agenda Report
October 10, 1995
Page 4
There is a ten foot wide easement for an eight inch water main located within
this property along the east line. No structures may be constructed on this
easement which would obstruct access to maintain or repair this water main.
Public Services proposes that posts with a chain be installed across the easterly
driveway; Mr. Darr proposes to close the driveway, install curb and gutter and
allow access to the water line easement via his Main driveway. A condition is
proposed to allow further resolution of this Matter between the applicant and the
Public Services Department.
Variance
The applicant originally proposed to put an office building for the new uses
adjacent to the western property line, however, this proposal has been withdrawn.
Since pel'llanent structures are not proposed within the side yard setback a
variance is no longer required and withdrawal of the request is recommended.
ENVIRONMENTAL REVIEW
The issuance of a Negative Declaration with Mitigation Measures (indicating no
significant adverse environmental impacts anticipated due to the addition of
special requir8lents to the project) is recommended. Noise, hours of operation
and hazardous Materials handling are the areas of primary concern.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Pow.y News Chieft.in and mailed to 76 property
owners in the project area.
RECllfIIENDA TI ON
It is recllllllended that the City Council issue a Negative Declaration with
Mitigation Measures, approve Conditional Use PerMit 95-04 for tire installation,
brake service, auto detailing, and recreational vehicle rental and storage only,
and approve Developlent Review 95-07 subject to the conditions contained in the
attached proposed resolution. It is recommended that Variance 95-04 be removed
frOl calendar since it is not needed for the application before Council.
JLB:JDF:RWQ:SAS:kls
Attachllents:
A - Resolution
B - Surrounding Zoning
C - Negative Declaration
D - EnviroRlental Initial StUdy
E - Site Plan
- F - Floor Plan
G - Building Elevations
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OCT 1 0 1995 ITEM 5
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-04 AND DEVELOPMENT REVIEW 95-07,
AND REMOVING VARIANCE 95-04 FROM CALENDAR
ASSESSOR'S PARCEL NUMBER 317-490-57
WHEREAS, Conditional Use Permit (CUP) 95-04/ Development Review (DR) 95-
07/ Variance (VAR) 95-04, were submitted by Richard Darr, applicant, for the
continuation and expansion of tire sales and service within a 2,389 square
foot building (1204 square foot building, 210 square foot canopy, 975 square
foot addition) along with brakes, automotive detail, and related services;
recreational vehicle rental, storage and minor repairs; equipment rental yard,
truck and/or car rental/leasing (possible uses); including a variance to side
yard setback on the west side near Poway Road, 1.25 acre site at 12957 Poway
Road (just east of Winston Tire) within the CG zone.
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findincs:
The issuance of a Negative Declaration with Mitigation Measures
(indicating no significant adverse environmental impacts anticipated due
to the addition of special requirements to the project) is recommended.
Section 2: Conditional Use Permit Findincs
1. The approved project is consistent with the general plan in that tire
sales and service, brakes, automotive detail, recreational vehicle rental
1 storage are approved uses within the existing CG zone.
2. That the location, size, design, and operating characteristics of the use
will be coapatible with and will not adversely affect or be materially
detriMental to adjacent cOlll1lercial uses, residents, buildings, structures,
or natural resources in that the uses were anticipated within the CG zone
and the building addition has been designed to be compatible with the
existing building with architectural enhancements required.
3. That the scale, bulk, coverage, and density is consistent with the
adj aClnt uses, in that the enlarged building meets the development
standards for the cOIIlM!rcia 1 zone and zoning ordinance requirel1lents,
including height, setbacks, coverage, materials and parking.
4. That there are available public facilities, services, and utilities to
. serve the uses.
5. That there will not be harmful effects upon desirable neighborhood
characteristics, in that the physical design of the building is suitable
for the site and the proposed uses and the auto service uses will be
confined to the front portion of the lot.
ATTACHMENT A
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Resolution No. P-
Page 2
6. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Transportation Element in that Poway Road
traffic generated will be consistent with that anticipated in the CG zone.
7. That the site is suitable for the type and intensity of use as this
project aiMS to attract some of the several commercial uses listed for
this 1.25 acre site.
8. That there will not be significant hanlful effects upon the environmental
quality and natural resources in that the site has been previously used
for co...rcial purposes and may be COMpletely developed as a result of
this conditional use permit and development review.
9. That there are no other relevant negative i~acts of the use that cannot
be Mitigated.
Section 3: Develooment Review Findinas
1. The approved project is consistent with the general plan in that the
various cOMlM!rc 1a 1 uses are penlitted land uses within the existing
COIRercial General (CG) zone.
2. That the approved project will not have an adverse aesthetic, health,
safety, or architecturally related i~act upon adjoining properties in
that the design of the building addition for the intended purpose will be
COMpatible with current and future buildings in the vicinity.
3. That the proposed deve 1 opllent encourages the orderly and harmonious
appearance of structures and property within the City in that the
architecture incorporates features provided for in the cOlll1lunity design
guidelines.
Section 4: Variance Findinas
The proposed variance is not necessary due to no penlanent
structures or overheight fencing proposed within the side yard
setback.
Section 5: City Council Decision:
The City Council hereby approves CUP 95-04 and DR 95-07 to allow tire
sales and service, brakes installation and repair, automotive detailing,
and recreational vehicle rental I storage, and minor repair/subject to the
following conditions and mitigation ..asures (indicated with an "*"):
1. Within 30 days of approval (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and
(2) the property owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this perMit shall not be conducted
in such a Manner as to interfere with the reasonable use and
enjoYMent of surrounding residential and COMmercial uses.
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Resolution No. P-
Page 3
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compliance with the conditions
of approval, or the Planning Services Department has received
cOlllplaints, the required annual review shall be set for a public
hearing before the City Counc 11 , to consider modification or
revocation of the use permit.
COIIPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PlANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services DepartMent and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the ti.. of building permit issuance.
4. Trash and recycl ing receptacles shall be enclosed by a six foot high
masonry wall wi th view-obstructing gates pursuant to Ci ty standards.
Location and dimensions shall be subject to approval by the Planning
Services Department.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Depart..nt.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the ti.. of building permit issuance.
8. For a new commercial development, or addition to an existing development,
the applicant shall pay development fees at the established rate. Such
fees may include, but not be limited to: Permit and Plan Checking Fees,
School, Water and Sewer Service Fees.
9. Provide landscape or architectural screening for the two Metal roll up
doors facing toward the west.
10.* The hours of operation for all uses shall be between the hours of 7:00
a... and 8:00 p.lII. Monday to Saturday and 8:00 a.lII. and 6:00 p.lII. on
Sundays.
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Resolution No. P-
Page 4
- 11.* Operation of the tire business or any other business generating noise
shall be conducted in such a way to minimize the noise frORl iRlpact
wrenches and other noise associated with those activities. Tire
installation and other work to motor vehicles is to be conducted within
the service bays only.
12. The masonry wall (13 feet tall with four feet above grade) along the south
property line shall be raised to six feet. Fencing along the east and
west property lines shall be 6' masonry or wood. The wood fence to the
south of the building shall be relocated, as necessary, to accolll1lOdate the
revised site plan.
13. RV storage may extend to within IS' of rear property line. The rear 15'
of the property shall be landscaped with materials to provide a screen for
properties to the south.
14. Incorporate architectural enhancements into the final building design for
the building expansion and upgrade of the existing building.
15. This approval shall beCOllN! null and void if building pel'lllits are not
issued for this project within two years from the date of project
approval.
PARKINS AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one IS gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
CeMnt curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away frllll all property lines, adjacent streets and residences. Any
security lights shall be motion-activated or shielded low pressure sodium,
directed downward and have zero cutoff.
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimuRl
of 24 feet wide emergency access shall be provided, maintained free and
clear at all tileS during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
LANDSCAPE IMPROVEMENTS
1. Compl ete landscape construction documents shall be submitted to and
approved by the Planning Services Departlllent prior to the issuance of
bu il ding pel'lllits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requir_nts (latest edition).
2. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees sha 11 be approved for rl!tllOval at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
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Resolution No. P-
Page 5
for relOval shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
3. Street trees, a ~inimum of IS gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirettents and
shall be planted at an average of 30 feet on center spacing along all
streets.
4. Landscaped areas within the adj acent public right-of-way shall be
permanently and fully maintained by the owner.
5. All 1 andscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debri s . The trees shall be
encouraged and allowed to reta i n a natural fol'lll. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
pel'llitted.
~
1. Any signs proposed for this development shall be designed and approved in
confonRince with the Sign Ordinance.
2. A COMprehensive Sign Program for this development shall be submitted to
the Planning Services Department for review prior to issuance of building
per.its for IIOre than two businesses. Approval shall be by the City
Council.
EXISTING STRUCTURES
Existing bullding(s) shall be mde to comply with current building and
zoning regulations for the intended use.
ADDITIONAL APPROVALS REOUIRED
The applicant shall provide verification of State Board of Equalization
not ificat ion and that appropriate revi ews and/or approval s have been
accOllp li shed to the satisfaction of the Director of Ad~inistrative
Services.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRm. COMPLIANCE SHALL BE
APPRovm BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services DepartMent for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
grading of the site MUst be cOlllpleted and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
per.it. Pave the areas to be used for parking or storage of vehicles,
install a surface drainage system to handle all surface water runoff.
2. A right-of-way pennit shall be obtained frOll the City's Engineering
Services DepartMent for any work to be done within the public street
right-of-way or any City-held eaSeMent. Said work s~ll include, but is
not 11.ited to, construction of driveway approach, sewer lateral
installation, water service line installation, and street construction.
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Resolution No. P-
Page 6
3. The following fees shall be paid or a security bond posted prior to
issuance of a building permit. If a security bond is posted, payment of
the fees shall be lllide pri or to the issuance of a Cert i fi cate of
Occupancy. Once payment is received in full said security bond could be
released to the applicant. Traffic Mitigation. $643.00
4.* An interceptor system shall be designed and installed to recover all
liquid waste spilled within the service bays and parking areas. Waste
aaterial recovered in this process IRust be disposed of in accordance with
State law. An Industrial Waste Discharge Pel"llit is required to be
processed through the Engineering Services DepartJRent and Building
Division of the Planning Services Department.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRm. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2. The building shall display their nUlleric address in a manner visible from
the access street. MinimUM size of the building numbers shall be six
inches on the front facade of the building. Building address shall also
be displayed on the roof in a manner satisfactory to the Director of
Safety Services and lIeeting Sheriff's Departllent - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Departllent apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the ilRposed loads of fire
apparatus having a IRinillUllI of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
4. A "Knox" Security Key box shall be required for the building at a location
deterIRined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler system Post Indicator Valve.
5. Fire Departllent access for use of fire fighting equipment shall be
provided to the illlllediate job construction site at the start of
construction and aaintained at all tilles until construction is completed.
6. PerlRinent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb IRarkings.
7. Fire extinguisher type and quantity to be determined by Fire Marshal when
occupancy type is determined.
8. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
9. An Elergency Contingency Plan and Hazardous Materials Disclosure shall be
filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
DCT 1 0 1995 ITEM 5 I
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Resolution No. P-
Page 7
10. Prior to del ivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first
lift of asphalt paving shall be in place to provide adequate, permanent
access for eMergency vehicles. The final lift of asphalt shall not be
installed until all other construction activity has been substantially
completed to the satisfaction of the City.
11. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
12. Any building or addition to an existing building exceeding 2,500 square
feet (individual or aggregate) will be required to install a commercial
fire sprinkler system, with an approved set of plans.
13. Occupancy separation wall between B-1 and B-2 occupancies shall be one
hour rated. Openings in this wall shall be fire-rated at one hour.
14. Any building erected further than 150 feet from the public right-of-way
will require an approved fire departMent turnaround.
APPLICANT SHAlL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Observe the ten foot setback from the existing eight inch water line
easeMent along the east property line. The easterly driveway shall be
..intained and chained off near Poway Road unless closure of the driveway
by installing curb and gutter is approved by the Director of Public
Services.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of October, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
OCT 1 0 1995 ITEM 5 .
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CITY OF POW A Y ITEM: CUP 95~
~ SCALE, TITLE: SURIlOURDDIG ZORING
..
ROllE ATTACHMENT: _ B
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CITY OF Po WAY
DON HIGGINSON. Mayor
SUSAN CALLERY, Deputy Mayor
BOB EMERY, Councilmember
MICKEY CAFAGNA, Councilmember
BErrY REXFORD, Councilmember
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: Richard Darr. 4322 Adams Avenue. San Dieao.
CA 92116
2. Brief Description of project: Conditional Use Panni! 95-041Develaoment Review 95-
07 Nariance 95-04 - A reauest to continue and eXDand tire sales and service within
a 2.389 sauare foot buildina alona with brakes. automotive detail and related
services: recreational vehicle rental. storaae and minor reDairs: eauiDment rental
vard. truck and/or car rentallleasina (oossible uses): includina a variance to side
vard setback on the west side near Powav Road. 1.25 acre site at 12957 Powav
Road (iust east of Winston Tire) within the CG zone.
3. In accordance with Resolution 83-084 of the City of Poway, implementing the
California Environmental Quality Ad. of 1970, the City of Poway has determined that
the above project will not have a significant effect upon the environment. An
Environmental Impact Report will not be required.
4. Minutes of such decision and the Initial Study prepared by the City of Poway are on
file in the Department of Planning Services of the City of Poway.
5. This decision of the City Council of the City of poway is final.
Contact Person: Steve Streeter Phone: (619) 679-4293
Approved by: Date:
Reba Wright-Quastler, Ph.D., AICP
ATT ACHMENT C OCT 1 0 1995 ITEM -5,1;1<<
City Hall Located at 13325 Civic Center Drive
14 of 25 Iiling Address: P.O. Box 789, Poway, California 92074-0789 . (619) 748-6600, 695-1400
H@C~CIeO ~aoe'
-
CITY OF POWAY
INITIAL STUDY
ENVIRONMENTAL CHECKLIST
DATE: AUQust 23. 1995
APPLICANT: Richard Darr
FILING DATE: 4-17-95 LOG NUMBER: CUP 95..()4. DR 95-07. VAR 95..()4
PROJECT: Tire sales and service. RV rental, storage. equipment rental.
truck and} or car rental
PROJECT LOCATION: 12957 poway Rd.
I. I
ENVIRONMENTAl IMPACTS
(Fact-based explanations of all answers are required on attached sheets.)
YES MAYBE NO
1. SoIls and Geology. WIll the proposal have
SIgnIfIcant Impacts In:
a. Unstable ground conditions or In changes in V
geologic relationshIps? -
b. DisrUPtions. displacements, compaction, or V
burial of the soil?
-
c. Change In topography or ground surface ,,/
contour Intervals? -
d. The destruction. covering, or modIficatIon
of any unIque geologic or physical V
features? -
e. .Any potential Increase in wind or water
. erosion of soils. affecting either on- or V
off-sIte conditions? -
1. Changes In erosion. siltation, or L
deposition? -
g. Exposure of people or property to geologic
hazards such as earthqUakes. landslides,
mudSlides, ground failure, or similar /
hazards?
- -
2. HYdrOlog~. Will the proposal have significant
Impacts In: -
a. Changes In currents. or the course In
direction of flowing streams. rivers, or ,/
ephemeral stream channels? - -
b. Changes In absorption rates, drainage
patterns. or the rate and amount of V
surface water runoff?
-
c. Alterations to the course or flow of L
flOOd waters?
-
d. Change In the amount of surface water in v'"
any body of water? - -
-
e. Discharge Into surface waters. or any alter- ,/"
action of surface water quality? -
ATTACHMENT D ITEII 5 rl;.'
5 of 25 OCT 1 0 1995
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I
Env i ronmen t a I Study CI.~ck list
Page 2
YES UAYBE NO
f. - Alteration of groundwater L
characteristics? - -
g. Change In the quantity of groundwaters.
either through direct additions, or with-
drawals, or through Interference with an
aQu I fer? -?
Quality? -
Quant I ty? -
h. The reduction In the amount of water otherwise ,/
available for public water supplies?
- 7
i. Exposure of people or property to water
related hazards such as flooding or seiches? - -
3. Air Quality. Will the proposal have significant
Impacts In:
a. Constant or periodic air emissions from ,/
mobile or Indirect sources?
Stationary sources? - -;7
-
b. Deterioration of ambient air QUality and/or
Interference with the attainment of appll- ,/
cable air quality standards?
-
c. Alteration of local or regional climatic
conditions, affecting air movement moisture /
or temperature? . - -
4. Flora. Will the proposal have significant
reSUlts In:
a. Change In the characteristics of speCies.
Including diversity. distribution, or number ,/
of endangered speCies of plants? - -
b. Reduction of the numbers of any uniqUe. .L
rare, or endangered speCies of plants? -
c. Introduction of new or disruptive speCies ./'
of plants into an area?
-
d. Reduction In the potential for agricultural L
production? -
5. Fauna. Will the proposal have significant
results In:
a. Change In the characteristics of species.
Including diversity, distribution, or L
numbers of any speCies of animals? -
b. Reduction of the numbers of any unique, V
rare. or endangered speCies of animals? -
c. Introduction of new or disruptive species
of animals" Into an area. or result In a
barrier to the mitigation or movement of V"
animals?
- -
d. Deterioration or removal of existing fish V
or wi Idllfe habitat? ITEM 5 .1; ~.;
OCT 1 0 1995
16 of 25
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Environmental Study Checklist
Page 3
YES MAYBE NO
-
6. Population. [Will the proposal] have significant
results_ in:
a. [Will the proposal] alter the location, distri-
bution, density, diversity, or growth rate of V
the human POPulation of an area? -
b. Will the proposal affect existing housing, V
or create a demand for additional ~ouslng? -
7. Socia-Economic Factors. Will the proposal have
signIfIcant reSUlts 'n:
a. Change In local or regional soclo-economlc
characteristics, Including economic or
commercial diversity. tax rate. and prop- L
erty values? -
b. Will prOject costs be eqUitably distri-
buted among project beneficiaries. I ;e., /
bUyers, taxpayers, or project users? -
8. Land Use and Plannlny Considerations. Will the
proposal have slgnlf cant reSUlts In:
a. A substantial" alteration of the present or V
- planned land use of an area?
- -
b. A conflict with any designations, objectives,
POlicies, or adopted plans of any govern- L
mental entities? -
c. An Impact upon the qUality or quantity of
existing consumptive or non-consumptive V
recreational opportunities? "
-
9. Transportation. Will the proposal have significant
reSUlts In:
a. Generation of substantial additional vehicular L
movement? -
b. Effects on existing streets. or demand for ..,/"
new street construction? - -
c. Effects on existing parking faCilities, or V
demand for new parking?
-
d. Substantial Impact upon existing 1ranspor-
tat Ion systems? - L
e. Alterations to present patterns Of circu-
lation or movement of people and/or L
goods? -
1. Alteration to or effects on present and
- potential water-borne, rail, mass transit,
or air traffic? - V
g. IncreaSeS"ln traffic hazards to motor L
vehicles. biCYClists. or pedestrians? -
17 of 25 OCT 1 0 1995 ITEM 5 'It. .
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Environmental Study Checklist
Page 4
YES MAYBE NO
10. CUlturaf Resources. Will the proposal have
Significant Impacts In:
a. A disturbance to the Integrity of archaeo-
logical. paleontologIcal. and/or historical ,,/
resources? -
11. Health, Safety, and Nuisance Factors. Will the
proposal have significant results In:
a. CreatIon of any health hazard or potential .;
health hazard? -
-
b. Exposure of people to potential health -L
hazards? - -
c. A risk of explosion or release of hazardous ,/
substances In the event of an accident?
- -
d. An Increase In the number of Individuals or
species of vector or parthenogenic organisms /
or the exposure of people to such organisms?
-
e. Increase In exIsting noise levels? ,/
- -
1. Exposure of people to potentiallY dangerous ./
noise levels? -
g. The creatIon of objectIonable odors? - L
h. An Increase In light or glare? L
-
12. Aesthetics. Will the proposal hav~ significant
results In:
a. The obstruction or degradation of any scenic /'
vista or view? -
b. The creation of an aesthetically offensive ,/
site? . -
c. A conflict with the objective of designated ,/
or potentIal scenic corridors? -
13. Utilities and Public Services. Will the proposal
have significant need for new systems, or alter-
ations to the following: .
-
a. Electric power? L
- Ll"\
b. Natural or packaged gas? ,,/
- - iB
c. Communications systems? V
- - t:
d. Water supply? ./
-
,,/ ,
e. Wastewater facilities? ..
- S!!
1. Flood con~rol structures? ./" Q
- .-4
g. Solid waste facilities? ./ S
- "7
18 of 25 g
h. Fire protection? - -
-----------.---- .---- ----.
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Environmental Study Checklist
Page 5
m MAYBE NO
i. Pollee protection? - - L
j. Schools? ...L
-
k. Parks or other recreational facilities? L
-
I. Maintenance of public facilities, Including ./
roads and flood control facilities? -
m. Other governmental services? V
- -
14. Energy and Scarce Resources. Will the proposal
have significant Impacts 'n:
a. Use of substantial or excessive fuel or
energy? - L
b. Substantial Increase In demand upon existing -L
sources of energy? -
c. An Increase In the demand for dev~lopment of
new sources of energy? - L
d. An Increase or perpetuation of the consump-
tion of non-renewable forms of energy. when
feasible renewable sources of energy are V
available?
-
e. Substantial depletion of any nonrenewable .L
or scarce natural resources? - -
15. Mandatory Findings of Significance.
a. Does the prOject have the potential to
degrade the quality of the environment,
sUbstantially reduce the habitat of fish
or wildlife species. cause a fish or wild-
life POpulation to drop below self-
sustaining levels. threaten to eliminate
a plant or animal community. reduce the
number of restrict the range of a rare or
endangered plant or animal. or eliminate
Important examples of the major periods V-
of the California history or prehistory?
-
b. Does the project have the potential to
achieve Short-term, to the disadvantage of
long-term. environmental goals? (A short-
term Impact on the environment Is one which
occurs In a relatively brief, definitive
periOd of time whl Ie long-term Impacts will v'
endure we II Into the future.)
- -
c. Does the project have Impacts which are
Individually limited. but cumulatively
considerable? (Cumulatively considerable
means that the Incremental effects of an
Individual project are considerable when
viewed In"COnnectlon with the effect of
past projects. and probable future ~
projects.) -
.9 of 25 OCT 1 0 1995 ITEM 5 .1'"
-
Environmental Study Checklist
Page 6
d. Does the project have environmental
effects which wHI cause substantial
adverse effects on human beings, either -_/
directly or Indirectly?
II. DISCUSSION OF ENVIRONMENTAL EVALUATION
(I.e., 01 affirmative answers to the above questions plus a discussion 01 proposed mitigation
measures.)
SEE ATTACHED PAGES
Ill. DETERMINATION
D On the basis 01 this Initial evaluation:
D 1 find the proposed project COULD NOT have a significant effect on
the environment. and a NEGATIVE DECLARATION will be prepared.
EJ I find that although th8 proposed project could have a signiflcant
effect on the environmant, there will not be a signiflcant effect in this
case because the mitigation measures described on an attached sheet have
been added to the project. A DECLARATION WILL BE PREPARED.
0 I find the proposed project MAY have a signiflcant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT Is required.
DATE: 8-23-95 SIGNATURE: ~- 4~~
Stephen A. Str er
TITLE: PRINCIPAL PLANNER
o:\city\planning\roport\cup9504.oil
20 of 25 .. OCT 1 0 1995 ITEM ,S,.,I-'
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ENVIRONMENTAL STUDY CHECKLIST
.- Page 7
II. DISCUSSION OF ENVIRONMENTAL EVALUATION
7. Socio-Economic Factors
b. The project costs will be covered by the applicant through the conditions
of approval.
11. Health. Safetv. and Nuisance Factors
a, b. The use could potentially create or expose people to hazardous
substances from unanticipated spillage of fuels, motor oil, engine coolant,
battery acid and other hazardous vehicle fluids that could enter the storm
drain system. An on-site containment system to catch auto, truck or
recreational vehicle fluids is necessary to intercept the fluids.
Mitiaation measures:
1. Pave the areas to be used for rental and storage of recreational
vehicles and for customers of the tire sales and service business.
Applicant shall install a surface drainage system to handle all
surface water runoff.
2. An interceptor system shall be designed and installed to recover
all liquid waste spilled within the service bays and parking areas.
Waste material recovered in this process must be disposed of in
accordance with State law. An Industrial Waste Discharge Permit
is required to be processed through the Engineering Services
Department and Building Division of the Planning Services
Department.
e. Intermittent noise from mechanical equipment will increase noise
levels to residential neighborhoods to the south and to the north.
Vehicular traffic from poway Road represents a significant noise
source at present. Hours of operation will be limited to daylight
hours to mitigate the impacts of night time noise impacts to
nearby residential areas.
MitiQation measures:
1. The hours of operation for all uses shall be between the hours of
7:00 a.m. and 8:00 p.m. Monday to Saturday and 8:00 a.m. and
6:00 p.m. on Sundays.
- 2. Operation of the tire business or any other business generating
noise shall be conducted in such a way to minimize the noise from
impact wrenches and other noise associated with those activities.
OCT 1 0 1995 ITEM 5 ..,.
21 of 25
--~-~-
ENVIRONMENTAL STUDY CHECKUST
Page 8
TI/'e installation and other work to motor vehicles is to be conducted
within the service bays only.
12. Aesthetics
b. Screening of the site with a combination of masonry walls, vinyl-coated
chain link fencing and wood fencing and landscaping will be required to
improve its appearance from poway Road and from surrounding
commercial and residential properties.
e: \city\planning\report\cup9504.eis
tlCT 1 0 1995 ITEM 5 ..1 p"
22 of 25
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ATTACHMENT G OCT 1 0 1995 rTElI 5 "".
-----
CITY /)~ #-/(7- ?s-
OF POWAY-
DON HIGGINSON. Mayor
SUSAN CALLERY. Deputy Mayor
BOB EMERY. Councilmember
- MICKEY CAFAGNA, Councilmember
BErrY REXFORD, Councilmember
October 9, 1995
Richard Darr
4322 Adams Ave.
San Diego, CA 92116
Re: CUP 9s-04, DR 95-07, VAR 95-04: October 10, 1995 City Council agenda,
Item 5
Dear Mr. Darr:
Your letter of October 6, 1995 has been reviewed and responses are provided as
follows:
1. We have discussed the parking of recreational vehicles (RV's) along your
street frontage at length. Though we recognize that the Winston Tire trash
and storage enclosure has affected visibility of your site for eastbound
vehicular traffic, businesses should be identified via signs and not through
parked vehicles.
2. Masonry walls or wood fences are the standard for screening in areas
visible to the public. Chain link is allowed for rolling gates to secure
outside areas after hours and in side and rear yard setback areas not visible
to the general public. Your rear wall is presently thirteen feet above the
grade of the adjoining ten foot easement with four feet of the height above
the grade of your site. The wall was installed to retain stockpiled dirt that
was the subject of a retroactive grading plan and court settlement five or
more years ago.
Your rear property line abuts a residential zone beyond the ten foot easement
for which an eight foot high masonry wall is the standard. In this case, a
six foot high masonry wall offset five feet from the rear property line is
recommended due to the estimated twelve foot lower grade of the adjacent
residential properties. Section 17.10.170(B) of the Poway Municipal Code
states that "in any required rear of interior side yard area, a wall or fence
shall not exceed six feet in height except as required by subsection B of
Section 17.10.150". That section states in part "where the adjacent grade of
the abutting residential property is four feet or more lower or higher than
the project site, the masonry wall shall be a minimum of six feet in height.
In addition, fifteen-gallon trees, twenty feet on-center, and shrubbery shall
be installed and maintained along the inside of the wall in a five-foot wide,
raised planter to provide a dense landscape screen". A variance would be
required to construct the masonry wall any higher than the nine foot high
retaining wall.
We believe the east and west property lines with fencing should also be wood
or masonry construction rather than chain link due to the visibility from the
Poway Fund Bowl/Winston Tire vantage point from the west and from Poway Road
and the adjoining property to the east. Wheel stops near the wall or fence on
~ . OCT 1 0 1995 ITEM 5 1.1
City Hall Located at 13325 Civic Center Drive
@ c,.,,~~r~::~:d~~"~ress: P.O. Box 789, Poway, California 92074-0789 . (619) 748-6600, 695-1400
I
.
Richard Oarr
October 9, 1995
Page 2
the south, east and west sides will be necessary to avoid inadvertent backing
of RV's ioto the wall or fence.
3. The condition to pave the areas to be used for parking or storage of
vehicles is standard for this type of use. Enclosed is an excerpt from the
Poway Municipal Code specifying the number of inches of asphaltic concrete and
aggregate base for commercial parking lots.
4. We support adding the truck rental business as part of the application
so long as that option is exercised within the initial two year period after
City Council approval or it will become null and void. The truck rental would
be a comparable use to RV rental for those rental trucks that are similar in
size to a motor home.
Copies of this letter will be forwarded to the Mayor and City Council for
their consideration at the October 10, 1995 City Council meeting. Any changes
that are proposed that receive their agreement will be included in the final
resolution of approval.
Please telephone me at 679-4293 or stop by the office to discuss this letter
further.
Sincerely,
~k
Stephen A. Streeter, AICP
Principal Planner -
encl.
cc: James L. Bowersox, City Manager
Marjorie K. Wahlsten, City Clerk
Reba Wright-Quastler, Director of Planning Services
e:\city\Plonnfng\sos\darr2.ltr
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OCT 1 0 1995 ITEM 5 .
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OCT 1 0 1995 ITEM .5