Res P-85-05RESOLUTION NO. P-85-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 84-17
AND CONDITIONAL USE PERMIT 84-11
ASSESSOR'S PARCEL NUMBER 317-490-51
WHEREAS, Development Review 84-17 and Conditional Use Permit 84-11,
submitted by Atlantic Richfield Company, applicant, requests the
reconstruction of an existing Arco Service Station to an AM-PM
convenience food store with self-service gasoline and 24 hour operation
property located at the southeast corner of Carriage and Poway Roads, in
the Commercial General (CG) zone; and
WHEREAS, on January 22, 1985, 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:
ae
Development Review
That the proposed development is in conformance with the Poway
General Plan.
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That the proposed development will not have an adverse
aesthetic, health, safety or architecturally related impact
upon adjoining properties.
That the proposed development is in compliance with the Zoning
ordinance.
That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City.
B. Conditional Use Permit
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;
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That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses;
That there are available public facilities, services and
utilities;
That there will not be a harmful effect upon desirable
neighborhood characteristics;
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element;
That the site is suitable for the type and intensity of use
or development which is proposed;
That there will not be significant harmful effects upon
environmental quality and natural resources;
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.
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 Development Review 84-17 and
Conditions Use Permit 84-11 subject to the following conditions:
The trash enclosure shall be relocated 8 feet to the north to
the satisfaction of the Director of Planning Services.
The new driveways shall be constructed to City Standards to a
maximum width of 35 feet. The existing driveway approach
shall be removed and replaced with new concrete curbing.
Prior to removal of the existing underground fuel tanks and
prior to the installation of new tanks a permit for said work
shall be obtained from the Department of Safety Services and
the Department of County Health.
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Ail doors and restroom facilities must comply with State
Handicap Regulations.
Sale and display of all products except for the dispensing of
gasoline shall be within the proposed building.
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The Poway Road driveway shall be moved to the east to the
satisfaction of the Director of Planning Services to provide a
shared drive eventually for the uses on the property to the
east.
Section 4: City Council Decision:
The City Council hereby approves Development Review 84-17 and
Conditional Use Permit 84-11 subject to the attached Standard
Conditions.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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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.
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 shal]
be completed to the satisfaction of the Director of Planning
Services.
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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.
PARKING AND VEHICULAR 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.
Ail parking spaces shall be double striped.
LANDS CAP I NG
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 2(
feet on exterior streets.
Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
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RECREATION No Conditions
EXISTING STRUCTURES
Existing sewage disposal facilities shall be removed, filled
and/or capped to comply with appropriate grading practices and the
uniform Plumbing Code.
G. ADDITIONAL APPROVALS REQUIRED No Conditions
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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GRADING
Grading of the subject property shall be in accordance with the
City Grading Ordinance, approved grading plan and geotechnical
report, and accepted grading practices.
STREETS AND SIDEWAL~[S
Ail Circulation Element roads shall be dedicated and improved to
Circulation Element road standards and to the specifications of
the Director of Public Services.
The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Poway and Carriage Roads
prior to building permit issuance.
Sidewalks 4.5 feet in width shall be required on one side of Poway
and Carriage Roads.
Reciprocal access and maintenance and/or agreements shall be
provided insuring access to all parcels over private roads, drives
or parking areas and maintenance thereof to the satisfaction of
the Director of Public Services.
Ail street structural sections shall be submitted to, and approved
by the Director of Public Services.
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.
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7. Street improvements that include, but are not limited to:
X a. Sidewalks
X b. Driveways
X c. Wheel chair ramps
X 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.
10. The developer shall pay one half the cost of a City approved
landscaped median along the project frontage(s) prior to building
permit issuance.
11. Street improvements and maintenance shall be made in accordance
with City Ordinance standards for urban streets Poway and Carriage
Roads.
12. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
Jo DRAINAGE AND FLOOD CONTROL
A drainage system capable of handling and disposing of all surface
water originating within the project, and all surface waters that
may flow onto the project from adjacent lands, shall be required.
Said drainage system shall include any easements and structures as
required by the Director of Public Services to properly handle the
drainage.
The Master Plan of Drainage Fee shall be paid at the established
rate in accordance with the Drainage Ordinance prior to building
permit issuance.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
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UTILITIES
Ail proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
Water, sewer, and fire protection systems plans shall be designed
and constructed to meet requirements of the City of Poway.
GENERAL REOUIltEMENTS AND APPROVALS
Prior to building permit, 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.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 29nd day of January, 1985.
l~obert ~. Emery,~ ~'~
ATTEST:
Ma~ori~K~ ~ahIs][~n, City ~rk