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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 e 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 ae e 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 Eo 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