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:
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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.
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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;
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That there are no other relevant negative impacts of the
proposed use that cannot be mitigated; and
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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
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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.
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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.
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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:
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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
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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
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Developer shall construct a light system conforming to City of
Poway Standards at no cost to the public, subject to the
following:
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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.
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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.
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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