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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. e 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; Resolution No. P-85-05 Page 2 2e 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. Resolution No. P-85-05 Page 3 e 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. e 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: ae e e 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. Resolution N. P-85-05 Page 4 o Bo 0 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. Resolution No. P-85-05 Page 5 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: 2e e e 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. Resolution No. P-85-05 Page 6 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. Resolution No. P-85-05 Page 7 e J 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