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Res P-85-35RESOLUTION NO. P-85-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 85-03 AND DEVELOPMENT REVIEW 85-03 ASSESSOR'S PARCEL NUMBER 323-190-68, 69 WHEREAS, Conditional Use Permit 85-03 and Development Review 85- 03, submitted by Anthony Batarse, owner; Ron Berner, applicant, requests approval of an automobile dealership at 14010 Poway Road, in the MS (Manufacturing Services) zone; and WHEREAS, on June 25, 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 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; o That the harmony in scale, bulk, coverage and density is consistent with adjacent uses; 0 That there are available public facilities, services and utilities; ® That there will not be a harmful effect upon desirable neighborhood characteristics; e That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element; e That the site is suitable for the type and intensity of use or development which is proposed; 70 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 e 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-85-35 Page 2 Development Review That the proposed development is in conformance with the Poway General Plan and its Community Design Element. 0 That the proposed development will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties. 0 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 by complying with criteria of the Community Design Element. Section 2: Environmental Findings: The City Council finds that this project will not have 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 85-03 and Development Review 85-03 subject to the following conditions: The applicant shall submit a revised site plan delineating the revised location of building "C" and the reconfiguration of the parking lot. Additionally, the originally proposed driveway No. 2 to Poway Road shall be removed. 2. Ail parking lot islands shall contain landscape materials. 0 An average of one tree for every three parking spaces shall be required for site landscaping. 4o A proposed buildings shall be architecturally compatible with the existing building and the use of construction materials shall be identical to that of the existing building. 0 A revised landscaping plan shall be submitted to the Planning Services Department delineating those recommended landscape changes as contained within Attachment 7 of the staff report. Said landscaping plan shall be submitted prior to building permit issuance. Resolution No. P-85-35 Page 3 e 10. 11. 12. 13. 14. 15. 16. The existing ingress and egress driveway at Poway Road shall be modified to include an alleyway type return at each edge subject to the approval of the City Engineer. The applicant shall pay the appropriate traffic mitigation and master plan of drainage fees as required by City Ordinance. Pursuant to City Ordinance No. 131 the proposed building "C" will be required to have fully automatic fire sprinklers. Construction methods and the materials for building "E" and existing building "A" shall conform in terms of Building Department and Fire Department requirements. An additional fire hydrant may be required should a fire flow calculation of the on-site system prove that an additional fire hydrant is necessary to serve the site subject to the approval of the Director of Safety Services. The applicant shall provide the proportional amount of fees for a bus shelter to be located at Poway Road. Exterior lighting shall be low pressure sodium, landscape and decorative lighting using other than low pressure sodium will be permitted on the condition that this lighting will be turned off at 11 p.m. or before and backed up with a low pressure sodium security lighting. Bronze aluminum framing shall be used around all new windows. No barbed wire shall be permitted along any walls or fences visible from the public right-of-way. The applicant shall submit designs fro all site signing which are consistent with the Comprehensive Sign Program Standards prior to building permit issuance. The public audio system will be monitored for a period of six months, at the end of six months if the noise level is determined to be unacceptable then a page system shall be implemented on a trial bases. Section 4: City Council Decision: The City Council hereby approves Conditional Use Permit 85-03 and Development Review 85-03 subject to the following Standard Conditions: ao 0 Resolution No. P-85-35 Page 4 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. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 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. 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. 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 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. Resolution No. P-85-35 Page 5 o e 5 F. G. 1. II. 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. 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 EXISTING STRUCTURES No Conditions ADDITIONAL APPROVALS REODIRED Development Review and Conditional Use Permit shall be accomplished prior to the issuance of a building permit for future parts and service building. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING No Conditions STREETS AND SIDEWALKS The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. Resolution No. P-85-35 Page 6 Jo DRAINAGE AND FLOOD CONTROL 1. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. K. UTILITIES No Conditions L. GENERAL REOUIREMENTS AND APPROVALS No Conditions APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 25th day of June, 1985. Robert C. Emery, Ma~z~ ATTEST: Marjorie~K. Wahlsten, City Clerk