Res P-85-09 RESOLUTION NO. P-85-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 84-18 AND
DEVELOPMENT REVIEW 84-29
ASSESSOR'S PARCEL NUMBER 323-260-59
WHEREAS, Conditional Use Permit 84-18 and Development Review 84-29,
submitted by Hsu Lai Enterprises, applicant, requests to construct a
10,000 square foot automotive center on .88 acres on the property
located at 13863 Poway Road, in the CG (Commercial General) zone; and,
WHEREAS, on March 12, 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:
CONDITIONAL USE PERMIT
1. 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;
4. That there will not be a harmful effect upon desirable
neighborhood characteristics;
5. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element;
6. That the site is suitable for the type and intensity of use or
development which is proposed;
7. 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
9. 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.
Resolution No. P-85-09
Page 2
DEVELOPMENT REVIEW
1. That the proposed development is in conformance with the Poway
General Plan.
2. That the proposed development will not have an adverse aesthetic,
health, safety or architecturally related impact upon adjoining
properties.
3. That the proposed development is in compliance with the Zoning
Ordinance.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City.
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 84-18 and
Development Review 84-29 subject to the following conditions:
CONDITIONAL USE PERMIT
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Parking to the rear of Building Two shall be designated for
employee parking and the temporary storage of repaired or soon to
be repaired vehicles.
The spray painting of all vehicles shall be conducted within an
enclosed shelter in a design that is in complies with all the
State and City Codes.
The hours of operation for the automotive center shall be
limited to Monday through Saturday, 8 a.m. to 6 p.m.
DEVELOPMENT REVIEW
Adah Lane shall be dedicated to 30 feet half street width through
the project prior to building permit issuance. Adah Lane shall
be improved for truck traffic, to the satisfaction of the City
Engineer, with asphalt pavement and concrete curb, gutter, and
sidewalk to the ultimate width prior to occupacy.
2. The developer shall construct a full automatic sprinkler system
per City Ordinance 131.
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Resolution No. P-85-09
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The developer shall construct a six foot mansonry wall on the
south side of the project. The block wall constructed with the
same material as the structures shall be constructed on the west
side of the project between Building One and Two.
The trash enclosure shall be relocated to provide access from the
second curb cut. A walkway shall be provided between the two
parking lots so as to provide convenient access to the trash
enclosure.
The developer shall construct a eight foot high fence to include
a wood slatted sliding gate across the width of the rear parking
lot in line with the proposed building.
Street trees shall be planted at 20 foot intervals on Poway Road
and at 30 foot intervals on Adah Lane. Mounding of at least
three feet in height shall be incorporated into the landscape
setback areas.
Any changes in the proposed roof material shall be subject to the
satisfaction of the Director of Planning Services.
Three foot deep hammerhead backup sections shall be incorporated
into the north end of the two traffic isles in the main parking
lot.
A transition section from the improved street to the unimproved
width shall be constructed on Adah Lane.
The block wall on the western property line shall be 8 feet high
or greater measured from this development side to the adjacent
window of the motel. At no point shall the highest point of the
wall be lower than the level of the opposing window.
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 84-18 and
Development Review 84-29 subject to the following standard
conditions:
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.
Resolution No. P-85-09
Page 4
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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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.
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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.
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.
10. 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.
B. PAltI~[ING AND VEHICULAR ACCESS
Ail parking lot landscaping shall consist of a minimum of one
fifteen (15) gallon size tree for every three (3) parking spaces.
For parking lot islands, a minimum 12 inch wide walk adjacent to
parking stalls shall be provided and be separated from vehicular
areas by a 6 inch high, 6 inch wide portland concrete cement
curbing.
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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 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.
Ail parking spaces shall be double striped.
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.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
RECREATION No Conditions
F. I~XISTXNG STRUCTURES No Conditions
G. ADDITXONAL APPROVALS REOUXRED 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
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.
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.
Resolution No. P-85-09
Page 6
AND SIDEWALKS
Ail Circulation Element roads shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Public Services.
2. Ail interior and exterior public streets shall be constructed to
public street standards.
3. Sidewalks (4.5) feet in width shall be required on (one) side of
Poway Road and Adah Lane.
4. Street striping and signing shall be installed 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.
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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.
8.. Street improvements that include, but are not limited to:
X a. Sidewalks X e. Cross gutter
X b. Driveways __ f. Alley gutter
X c. Wheel chair ramps X g. Street paving
X 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.
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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.
10. 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.
11. The developer shall pay one half the cost of a City approved
landscaped median along the project frontage(s): prior to building
permit issuance.
Resolution No. P-85-09
Page 7
12. Street improvements and maintenance shall be made in accordance with
City Ordinance standards for urban streets Adah Lane 60'/40'.
13. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
DRAINAGE AND FLOOD CONTROL
The proposed project falls within areas indicated as subject to
flooding under the National Flood Insurance Program and is subject
to the provisions of that program and City Ordinance.
A drainage system capable of handling and disposing of all surface
water originating within the subdivision, and all surface waters
that may flow onto the subdivision 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. Specific attention shall be directed
to the run off of oil, and its by products in the drainage plan for
the facility.
Portland cement concrete cross gutters shall be installed where
water crosses the roadways.
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
1. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation Element
roads and/or highways less than 34.5 KY.
2. Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
3. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
4. 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.
5. Prior to acceptance of property for sewer service, annexation to the
sewer improvement area shall occur.
RESOLUTION NO. P-85-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA TO WAIVE THE REQUIREMENT TO INSTALL A
PERMANENT CUL-DE-SAC ON COUNTRY SQUIRE DRIVE
(AMENDING RESOLUTION P-84-08)
WHEREAS, it is the desire of the City Council to amend
Condition 3 of Section 3 of CUP 83-04 according to
Resolution No. P-84-08.
WHEREAS, a permanent cul-de-sac on Country Squire Drive
would not provide an adequate turning radius.
WHEREAS, it is the feeling of the City Council that
amending Condition 3 of Section 3 of CUP 83-04 would not
create a hazard to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Poway, does hereby amend Condition 3 of
Section 3 of Resolution No. P-84-08 to read:
"A barricade shall be constructed to City
standards at the end of Country Squire Drive."
PASSED, ADOPTED, AND APPROVED by the City Council of
the City of Poway, California at a regular meeting thereof
this 5th day of March, 1985.
ATTEST:
Marjo~i'e K. Wahlsten, city Clerk