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Res P-85-20RESOLUTION NO. P-85-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 84-14 AND CONDITIONAL USE PERMIT 84-23 ASSESSOR'S PARCEL NUMBER 317-540-46 WHEREAS, Development Review 84-23 and Conditional Use Permit 84-14, submitted by Chevron USA, applicant, requests the reconstruction of an existing Chevron Service Station to a convenience food store with self-service gasoline for the property located at the northeast corner of Pomerado and Poway Roads, in the Commercial General (CG) zone; and WHEREAS, on April 16, 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: ® 0 Findings: Development Review That the proposed development is in conformance with the Poway General Plan. 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. o That the proposed development encourages the orderly and harmonious appearance of structures and property within the City. 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-85-20 Page 2 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; 0 That there are no other relevant negative impacts of the proposed use that cannot be mitigated; and 0 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 84-23 and Conditions Use Permit 84-14 subject to the following conditions: The applicant shall reduce southerly driveway on Pomerado Road to 30 feet. The reduction shall be taken from the curb return side of the driveway subject to the satisfaction of the Director of Public Services. A State sign R17 (No Right Turn) shall be placed on the northside of this driveway. The applicant shall contribute his apportionment for the construction of the landscaped median islands on Poway and Pomerado Roads. Resolution No. P-85-20 Page 3 o o a e The sidewalks on Poway and Pomerado Roads shall be reconstructed to a five (5) foot width and provide alley returns on all curb cuts. 4. The easternmost curb cut on Poway Road shall be removed and relocated 18 feet to the west. 5. The westernmost curb cut on Poway Road shall be removed and landscaped. 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. 7. Ail doors must comply with State Handicap Regulations. 8. Sale and display of all products except for the dispensing of gasoline shall be within the proposed building. Section 4: City Council Decision: The City Council hereby approves Development Review 84-23 and Conditional Use Permit 84-14 subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDTIONS: S'[TE 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. e e e e Resolution No. P-85-20 Page 4 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. PARKING AND VEII][CULAR 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. 2. Ail parking spaces shall be double striped. e 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. Resolution No. P-85-20 Page 5 O. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign ordinance. RECREATION No Conditions F. EXISTING STRUCTURES No Conditions ADDITIONAL APPROVALS REOUIRED 1. Development Review or Minor Development Review shall be accomplished prior to the issuance of a building permit. II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDTIONS: GRADING 1. 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. 2. 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. 3. The final qrading 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. Io STREETS AND SIDEWALKS 1. Sidewalks (4.5) feet in width shall be required on (one) side(s) of Poway Road. 2. 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-85-20 Page 6 3. Street improvements that include, but are not limited to: e Be e e X a. Sidewalks __ e. Cross gutter X b. Driveways __ f. Alley gutter X c. Wheel chair ramps __ g. Street paving X d. Curb and gutter __ h. Alley paving e 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. 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 Ordinace prior to building permit issuance. Concentrated flows across driveways and/or sidewalks shall not be permitted. 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 and the Health Department of the County of San Diego. Resolution No. P-85-20 Page 7 Be Lo Developer shall construct a light system conforming to City of Poway Standards at no cost to the public, subject to the following: ae Cut-off luminaries shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. DJ Ail fixtures shall use a clear, low pressure sodium vapor light source. Advance energy charges and District engineering charges shall be paid by the developer. de Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City. GENERAL REOUIRENENTS AND APPROVALS Prior to issuance of building permit, all of the above improvements and requirements shall be installed and provided, 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. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 16th day of April, 1985. ATTEST: rjor~e~ K. Wahlsten, City Clerk