Res P-84-45RESOLUTION NO. P-84-45
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 84-09
AND DEVELOPMENT REVIEW 84-16
ASSESSOR'S PARCEL NUMBER 317-130-58
WHEREAS, Conditional Use Permit 84-09 and Development Review
84-16, submitted by Poway Nissan (Lou Grubb and Dan Grubb), applicant,
requests approval of an automobile dealership consisting of both new and
used cars and trucks for property located east of Toyota of Poway at
13750 Poway Road, in the CC (Commercial Community) zone; and,
WHEREAS, on August 7, 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:
Conditional Use Permit
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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, in that
surrounding uses to the west and south are also commercial and
residential uses to the east and north will be separated by
masonry wall and trees or open space.
That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses, in that the building is two
stories in height and the building coverage is approximately
15 percent of the site.
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, in that adjacent uses are also
commercial or, where residential is adjacent, adequate
buffering has been provided.
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in
that full street improvements as required by the Circulation
Element presently exist.
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Resolution P-84-45
Page 2
That the site is suitable for the type and intensity of use or
development which is proposed, in that it is flat and without
topographic irregularities.
That there will not be significant harmful effects upon
environmental quality and natural resources, in that effects
on biology and archaeology were previously mitigated under TPM
17260.
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That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
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, in
that the future development of this area is described as a mix
of commercial and residential by the General Plan.
Section 1: Findings:
Development Review
That the proposed development is in conformance with the Poway
General Plan, in that a commercial use is proposed on
commercially designated property.
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That the proposed development will not have an adverse
aesthetic, health, safety or architecturally related impact
upon adjoining properties, in that the project is well designed
architecturally and offers buffering in the form of a wall and
landscaping or open space from surrounding residential sites.
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That the proposed development is in compliance with the Zoning
Ordinance, in that standards for commercial development have
been met.
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That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City, in that the project complies with development criteria
for commercial projects identified in the Community Design
Element.
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.
Resolution No. P-84-45
Page 3
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 84-09 and
Development Review 84-16 subject to the following conditions:
1. The existing driveway at the west side of the parcel shall be
removed and relocated to provide a joint driveway, centered on
the mutual property line. The driveway shall be 30 feet wide
and shall have 10 foot radius curb returns, with access ramps.
2. The existing City water main stubbed into the west side of the
parcel shall be extended through the property, and looped to
existing mains, and fire hydrants shall be provided, all as
required by the City Engineer and City Fire Marshal. A 20 foot
wide (minimum) easement shall be dedicated along its alignment.
A solid gate shall be installed in the eight foot block wall
along the westerly property line to insure maintenance access
to the water line to the satisfaction of the Director of Public
Services.
3. A drainage system shall be constructed on-site, capable of
intercepting and disposing of all surface water originating
from the site, or tributary to it from adjoining properties.
4. A hydrology study shall be prepared, covering the site and
other upstream properties which drain onto Poway Road. The
contribution from this parcel to the total runoff in Poway Road
shall be determined, and an off-site storm drain shall be
constructed to carry any flow in excess of the existing street
surface capacity. The drain shall be extended westerly, to
connect to the storm drain proposed by DR 84-07 (Poway Creek
Center), opposite the K-Mart. If that drain is not yet
installed, then the estimated cost of the required off-site
drain shall be deposited with the City in cash for use by the
City when the DR 84-07 drain is installed. In lieu of the
above a cash deposit of $6,326 can be made.
5. Lighting for the project shall be reduced at 11:00 p.m. to only
that level necessary for security.
6. Any loudspeaker systems associated with the project shall be
operated at the minimum volume level necessary for
effectiveness and shall meet the requirements of the City Noise
Ordinance.
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The detailed landscaping plan for the project shall include a
dense planting of trees of a fast-growing species along the
easterly property line to act as a visual buffer. These trees
shall be a minimum of 15 gallons in size.
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Resolution No. P-84-45
Page 4
To avoid a monochromatic appearance and provide additional
color, the landscaping plan shall include vining plants which
shall be espaliered to the Poway Road frontage of Building A
to the satisfaction of the Director of Planning Services.
Any further development or parcelization of the property beyond
Building D will necessitate the construction of a continuation
of the eight foot concrete block wall along the easterly
property line and along the zoning line dividing the commercial
and residential portions of the property.
Landscaping shall be installed along the rear of the project
to act as a visual screen from adjacent residential areas.
The installation of this landscaping may be deferred until a
decision is rendered on General Plan Amendment and Zone Change
84-02B.
Prior to building permit issuance, all of the above
improvements and requirements shall be installed and provided,
or deferred by guaranteeing installation within one year from
building permit issuance, by the execution of a performance
agreement, secured with sufficient securities, in a form
approved by the City Attorney. All necessary processing fees,
deposits and charges shall be paid prior to building permit
issuance. Construction of all improvements shall occur prior
to occupancy.
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 84-09 and
Development Review 84-16 subject to the following Standard
Condition:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans
on file in the Planning Services Department and the conditions
contained herein.
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.
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.
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Resolution No. P-84-45
Page 5
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.
Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval contained herein shall
be completed to the satisfaction of the Director of Planning
Services.
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.
Prior to the issuance of building permits for combustible
construction, evidence shall be submitted to the Director of Safety
Services that water supply and facilities for fire protection is
available. Where additional fire protection is required by the
Director of Safety Services, it shall be serviceable prior to the
time of construction.
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.
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.
PARl[ING AND VEHICULAR ACCESS
Ail two-way traffic aisles shall be a minimum of 24 feet wide and
emergency access shall be provided, maintained free and clear, a
minimum of 24 feet wide at all times during construction in
accordance with Safety Services Department requirements.
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and
approved by the Public Services Department and 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.
Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
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II.
SIGNS
Resolution No. P-84-45
Page 6
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
RECREATION No Conditions
EXISTING STRUCTURES No Conditions
ADDITIONAL APPROVALS REOUIRED No Conditions
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
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.
A soils report shall be prepared by a qualified engineer licensed by
the State of California to perform such work prior to building
permit issuance.
STREETS AND SIDEWALKS
Reciprocal access and maintenance and/or agreements shall be
provided insuring access to all parcels over private drives or
parking areas and maintenance thereof to the satisfaction of the
Director of Public Services (common driveway).
2. Street improvements that include, but are not limited to:
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a. Sidewalks
__ b. Driveways
__ c. Wheel chair ramps
__ d. Curb and gutter
__ e. Cross gutter
f. Alley gutter
__ g. Street paving
__ 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.
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Resolution No. P-84-45
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The developer shall pay one half the cost of a City approved
landscaped median along the project frontage(s) prior to building
permit issuance.
The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
DRAINAGE AND FLOOD CONTROL
The Master Plan of Drainage Fee shall be paid at the established
rate in accordance with the Drainage Ordinance prior to building
permit issuance.
UTILITIES
Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
Water, sewer, and fire protection systems plans shall be designed
and constructed to meet requirements of the City of Poway.
GENERAL REOUIRE#ENTS AND APPROVALS
Prior to building permi issuance, all dedications shall be made and
easements granted as required above.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 7th day of August, 1984.
ATTEST:
Bruce J. T--~, Mayo~
Marjori~,, K. Wahlsten, City Clerk