Res P-85-67RESOLUTION NO. P-85-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 85-11
AND DEVELOPMENT REVIEW 85-17
ASSESSOR'S PARCEL NUMBER 317-53-17 (PARCEL 3)
WHEREAS, Conditional Use Permit 85-11 and Development Review
85-17, submitted by Winston Tire Company, applicant, requests approval
of an automobile tire, sales, and retail service store for property
located at 12218 Poway Road, in the CG (Commercial General) zone; and
WHEREAS, on November 5, 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 charac-
teristics 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;
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.
Resolution No. P-85-67
Page 2
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.
0
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 signifi-
cant adverse impact on the environment and hereby issues a
Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-11
and Development Review 85-17 subject to the following con-
ditions:
Within thirty (30) days of approval, the applicant shall
submit in writing that the conditions of approval have
been read and understood.
The applicant shall submit revised building elevations and
a site plan for approval prior to issuance of building per-
mits. Said plans shall incorporate Council approved
architectural modifications.
A masonry wall, six feet in height, shall be constructed
at the northerly property line. Said wall shall be
constructed of masonry slump block with a stucco sand
finish identical to the color of proposed building.
A landscaping planting plan including, but not limited to,
a vine/tree screen adjacent to masonry wall and planting
areas adjacent to the east and west sides of the proposed
building shall be submitted to the Planning Services
Department prior to building permit issuance.
Resolution No. P-85-67
Page 3
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10.
11.
12.
13.
14.
15.
Ail future signing shall conform to the established
Comprehensive Sign Program, CSP 81-06, for the Pomerado
Plaza.
Future building identification shall be limited to wall
signs.
Exterior display and/or sales of retail products including
tires is prohibited.
The south facing windows shall be adequately tinted to pre-
vent the visibility of auto related work from Poway Road.
Ail building colors and materials shall match existing
center.
Improvements to the Oak Knoll Road extension (north of Poway
Road) and the installation of the traffic signal shall be
completed prior to building occupancy and to the satisfaction
of the Director of Public Services.
Developer shall pay pro rata share for traffic signal
installation at Poway and Oak Knoll Roads.
Drainage Fee shall be paid according to "Final Notice of
Approval - TPM 16711."
Developer will be allowed to tie in to the private sewer line.
Therefore, connector fees will be required.
The applicant shall, within 30 days of receiving approval of
the Development Review and Conditional Use Permit, apply for
a Letter of Availability (LOA) to reserve sewage capacity and
shall make a concurrent nonrefundable reservation fee equal
to 20 percent of the appropriate sewage connection fee in
effect at the tiem of the LOA is issued.
The applicant shall contribute a pro rata share for the
construction of a bus shelter subject to the approval of the
Directors of Community and Planning Services.
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-11
and Development Review 85-17 subject to the following Standard
Conditions:
Resolution No. P-85-67
Page 4
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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 con-
tained herein.
Revised site plans and building elevations incorporating all con-
ditions 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 sec-
tions of the Zoning Development Code and all other applicable City
Ordinances in effect at the time of building permit issuance.
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
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.
Resolution No. P-85-67
Page 5
B. 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.
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.
4. Ail parking spaces shall be double striped.
C. 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.
3. Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
D. SIGNS
1. Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
RECREATION No Conditions
EXISTING STRUCTURES No Conditions
No Conditions
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F.
G. ADDITIONAL APPROVALS REQUIRED
Resolution No. P-85-67
Page 6
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICE DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. 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.
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.
I. STREETS AND SIDEWALKS
The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Poway Road/Oak Knoll Road
prior to building permit issuance.
2. Ail street structural sections shall be submitted to, and approved
by the Director of Public Services.
3. Street improvements that include, but are not limited to:
X
a. Sidewalks
b. Driveways
c. Wheel chair ramps
d. Curb and gutter
X
X
ee
Cross gutter
Alley gutter
Street paving
Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director 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 Poway Road prior to
building permit issuance.
J. DRAINAGE AND FLOOD CONTROL
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 pro-
perly handle the drainage.
Resolution No. P-85-67
Page 7
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.
K. 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.
Developer shall construct a light system conforming to City of
Poway Standards at no cost to the public, subject to the
following:
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.
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.
Annexation to the lighting district shall be accomplished and
evidence of annexation and payment of lighting fees shall be
presented to the City prior to final map approval or building
permit issuance, whichever occurs first.
Resolution No. P-85-67
Page 8
GENERAL REQUIREMENTS AND APPROVALS
Ail of the above improvements and requirements shall be
installed and provided, or deferred by guaranteeing installa-
tion within two years of 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 issuance.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 5th day of November, 1985.
ATTEST:
Marjorie' K. Wahlsten, City Clerk