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Res P-84-33RESOLUTION NO. P-84-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 84-01 ASSESSOR'S PARCEL NUMBER 317-101-04 & 317-101-05 WHEREAS, Conditional Usa Permit, submitted by Robert C. O'Connor applicant, requests to bring an existing legal non-conforming use into current performance standards and to expand the usage of the equipment rental facility to include a concrete blender, in the General Commercial (CG) zone; and, WHEREAS, on June 5, 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 as the concrete blender will be located south of the existing rental building shielding adjacent residences from the concrete blender activity; 20 That the harmony in scale, bulk, coverage and density is consistent with adjacent uses; 0 That there are available public facilities, services and utilities; That there will not be a harmful effect upon desirable neighborhood characteristics; Bo That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element; 0 That the site is suitable for the type and intensity of use or development which is proposed as it is not a major expansion of the existing use; That there will not be significant harmful effects upon environmental quality and natural resources as any potential impacts have been mitigated as noted in Conditions 1, 2,3, 5 of said Resolution; That there are no other relevant negative impacts of the proposed use that cannot be mitigated; 0 10. Resolution No. P-84-33 Page 2 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; and The proposed improvements are consistent with the Paguay Redevelopment Plan as explified by Conditions 3, 7, and 15 of said Resolution. Section 2: Environmental Findings: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 84-01 subject to the following conditions: 1. Screen the equipment with a twenty (20) foot or sufficient height wood frame stucco wall or suitable alternative to the satisfaction of the Director of Planning Services, to be placed on three sides with a one-quarter wall on the fourth side and a roof. e The location of the blender shall be as noted on the modified site plan (Exhibit 3B). Precise location to be determined to the satisfaction of the Director of Planning Services. e Six (6) foot chain link fencing shall be placed along the east and west property lines to be twenty-five (25) feet in length perpendicular to the eight (8) foot masonry wall. Six foot block pilasters with wrought iron shall be erected 10 feet from the right-of-way within the 20 foot landscaped area adjacent to Poway Road for both properties, beyond the wall there shall be landscape pockets 10 feet in depth. 4. Hours of operation shall be limited to 7:30 AM - 5:00 PM Monday - Saturday and 9:00 AM - 3:00 PM Sunday. 5. The blender conveyor line must be enclosed. J Ail rental equipment must be limited to 13044 Poway Road and the front portion 140 feet from the ultimate right-of-way of Poway Road of 13056 Poway Road with the remainder of the site to continue as a single family residence. 0 Westerly driveway will be relocated to coincide with the median opening. Access easements shall be granted to San Diego Glass and Paint and intervening property to provide access to the new driveway and median opening. This shall be done prior to completion of the medians, to the satisfaction of the City Engineer. Resolution No. P-84-33 Page 3 Be 9e 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Support and connections for concrete blender must comply with all applicable provisions of Chapter 23, 27, 29 of the Uniform Building Code, 1979 Edition. Foundation and structurel design shall be designed by a California licensed engineer or architect. Above ground diesel tank - gravity dispensing of flammable liquids shall be underground within two years of approval of this permit. Any existing substandard wiring in existing structure noted on earlier fire inspections shall be brought up to current code standards. Additional detailed engineering data on concrete process may be required to determine if special fire protection equipment is necessary. The area to the rear of the single family residence 13056 Poway Road shall be cleared of all equipment, trucks, auto parts, and other equipment not associated with the normal operation of a single family home within 60 days of approval prior to any use of this permit. The yard of the single family home shall only be used for residential purposes. No block wall shall be required along the rear yard of the lot 13056 Poway Road as long as the structure on the site is in continuious use as a single family home unless the equipment storage use is expanded to the rear then the wall and landscaping shall be required. Parking for the facility shall require a minimum of four customer spaces in the area south of the building with the remaining seven space to be in the rear of the facility. The rider on the freestanding sign shall be removed. Ail requirement of DRA 84-02 shall apply. Delivery of sand and aggregate shall be during weekday hours and shall be washed aggregate only and sand. Provisions shall be made for washing of the trailers and the disposal of waste concrete. The rear yard of the rental yard shall be cleaned and paved with A.C. or P.C.C within 60 days of approval prior to any use of this permit. Resolution No. P-84-33 Page 4 20. 21. 22. 23. The far easterly property line of the single family residence shall be fenced with 6 foot high wood in order to screen the view of the rear yard area from Tarascan Road. The rear property line of 13044 Poway Road shall be landscaped as well as the slope beyond the property with trees and shrubs to provide a dense screen for the adjacent residents. The slope behind 13056 shall be landscaped similarly. The phasing plan for development and use of the site for the accessory use of concrete blending shall be as follows: Phase I to be completed before Phase II or III but within 90 days of approval. a. Prior to anything else conditions 12 and 19 shall be met. b. Meet conditions 21, 1, 17, 4, 2, 5, 8, 11, 18 and applicable standard conditions. Phase II to be completed before Phase III, but within 6 months of approval. a. Meet conditions 3,6, 7, 14, 15, and applicable standard conditions. Phase III to be met within 2 years of approval. a. Meet conditions 9, 10, 16 and applicable standard condtions. Concrete transferred by blender shall only be used with u-cart trailer provided by equiptment rental facility or other method approved by Director of Planning Services. APPROVED and ADOPTED by the City Council of the City of Poway, State California, this 5th day of June, 1984. ATTEST: ~,~-~ ~ ~a~or Bruce J. Tar~ ~ Marjor~e~ K. Wahlsten, City Clerk