Res P-84-10RESOLUTION NO. P-84-10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWA¥, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 83-05
ASSESSOR'S PARCEL NUMBER 317-151-60
WHEREAS, Conditional Use Permit 83-05, submitted by San Diego volvo, Inc.
applicant, requests approval of an automobile dealership at 12255 Poway Road ,
in the CG (Commercial General) zone; and,
WHEREAS, on January 24, 1984, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources;
2. That the harmony in scale, bulk, coverage and density is consistent
with adjacent uses;
3. That there are available public facilities, services and utilities;
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That there will not be a harmful effect upon desirable neighborhood
characteristics;
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That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element;
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That the site is suitable for the type and intensity of use or
development which is proposed;
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That there will not be significant harmful effects upon environmental
quality and natural resources;
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated; and
That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present development.
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SECTION 2: Environmental Findings:
A categorical exemption has been issued pursuant to the California
Environmental .Quality Act and City of Poway Procedures to Implement the
California Environmental Quality Act.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 83-05 subject to
the following conditions:
The applicant shall enter into an agreement with the City allowing the
City access to the Pomerado Creek channel along the easterly property
line for maintenance purposes as required by the City Engineer. No
walls, fences, or other obstructions shall be constructed along the
easterly property line without prior approval of the City Engineer. A
gate to allow access through the existing service area/employee parking
area may be necessary as determined by the City Engineer.
Use of the site for automobile sales may begin prior to the completion
of all required improvements and payment of all required fees, but all
remaining improvements and fees must be guaranteed to be installed and
paid within six (6) months of the date of project approval by the
execution of a performance agreement, secured by a bond, letter of
credit or other security acceptable to the City and approved by the
City Attorney.
Section 4: City Council Decision:
The City Council hereby approves CUP 83-05 subject to the following Standard
Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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.
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit issuance.
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Trash receptacle areas for commercial, manufacturing, and multifamily
developments shall be enclosed by a 6 foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
Ail roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
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 time of building permit issuance.
For a new commercial or industrial 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, Water and Sewer Service Fees. These fees shall be paid prior
to building permit issuance.
This approval shall become null and void if building permits are not issued
for this project within one year from the date of project approval.
Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
PARK. IliG AHD VEH'F(~LFr. JLR ACCESS
Parking lot lights shall be low pressure sodium and have a maximum height of
eighteen (18) feet from the finished grade of the parking surface and be
directed away from all property lines, adjacent streets and residences.
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Ail parking spaces shall be double striped.
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building
permits.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
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3. Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
D. SIGNS
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
RECREATIOII No Conditions
1. Provide compliance with the Uniform Building Code for property line
clearances considering use, area and fire-resistiveness of existing
buildings.
2. Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use or the building shall be
demolished.
Go ADDITIONAL APPROVALS REQUIRED No Conditions
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Ho Gu]t'I)ING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. The final grading plan shall be subject to review and approval by the
Planning Services and Public Services Department and shall be completed
prior to recordation of the final subdivision map or issuance of building
permit, whichever comes first.
Io STREETS ARD SIDA'wALKS
1. The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Poway Road and Oak Knoll Road prior
to building permit issuance.
2. Sidewalks (4.5) feet in width shall be required on one side of Poway Road.
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Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be submitted for approval by the Director of Public
Services. Plan check and inspection expenses shall be paid by the
developer.
Ail exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Public Services.
5. Street improvements that include, but are not limited to:
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X a. Sidewalks e. Cross gutter
X b. Driveways f. Alley gutter
c. Wheel chair ramps g. Street paving
d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the satisfaction
of the Director of Public Services.
Ail damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and improvements, to
the satisfaction of the Department of Public Services.
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Public Services office and
appropriate fees paid, in addition to any other permits required.
The developer shall pay one half the cost of a City approved landscaped
median along the project frontage or provide an acceptable form of security
guaranteeing payment of one-half the cost within one (1) year of building
permit issuance or at the time a City project to install the median is
initiated, whichever occurs first.
The developer shall pay the Traffic Mitigation Fee at the established rate
prior to building permit issuance.
AMD FLOOD COHTROL
Concentrated flows across driveways and/or sidewalks shall not be
permitted.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the Health
Department of the County of San Diego.
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Developer shall construct a light system conforming to City of Poway
Standards at no cost to the public, subject to the following:
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Cut-off luminaries shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
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Ail fixtures shall use a clear, low pressure sodium vapor light
source.
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Advance energy charges and District engineering charges shall be paid
by the developer.
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Annexation to the lighting district shall be accomplished and evidence
of annexation and payment of lighting fees shall be presented to the
City.
Lo GRIIRRAL REQUXREMERTS AHD APPROVALS No Conditions
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of January, 1984.
ATTEST:
Linda Oravec, Mayor
Marjo~ie i~% Wahlsten, City Cle k