Res P-85-70RESOLUTION NO. P-85-70
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 85-08 AND
DEVELOPMENT REVIEW 85-12
ASSESSOR'S PARCEL NUMBER 323-190-18
WHEREAS, Conditional Use Permit 85-08 and Development Review
85-12, submitted by the Southland Corporation, applicant, requests
the construction of a 2,560 square foot convenience food store with
self-service gasoline and 24 hour operation for the property
located at 14225 Poway Road, in the MS (Manufacturing Service)
zone; and
WHEREAS, on November 19, 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
e
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;
Resolution No. P-85-70
Page 2
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 develop-
ment.
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.
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 a signi-
ficant adverse impact on the environment and hereby issues a
Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-08
and Development Review 85-12 subject to the following condi-
tions:
Garden Road shall be improved to half street paved width
of 41 feet, with P.C.C. curb, gutter and sidewalk, and
half street right-of-way width of 51 feet.
Concrete crub and gutter adjacent to the project site
along Poway Road shall be repaved and replaced to the
satisfaction of the City Engineer.
3. Driveways shall be a maximum of 30 feet unless otherwise
approved by the City Engineer.
10.
11.
12.
13.
14.
15.
16.
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A R41 "Right Turn Only" shall be required along the east
side of the driveway on Poway Road.
Prior to building permit issuance, a 20 foot easement
shall be granted to the City of Poway along the east prop-
erty line for water lines and appurtenances. No permanent
structures shall be allowed within this easement.
The existing water meter extending from the water main
along the east property line shall be relocated outside of
the 20 foot water line easement.
The existing sewer lateral from Garden Road shall be
extended to the right-of-way and a clean-out installed.
The applicant shall apply, within 30 days of receiving
approval of the Development Review, for a Letter of
Availability (LOA) to reserve sewage capacity and make a
concurrent payment to the City, a nonrefundable reser-
vation fee equal to 20 percent.
The existing curb inlet along Garden Road shall be relo-
cated to the proposed curb to the satisfaction of the City
Engineer.
Planter pop-outs associated with the building and gasoline
island shall be to a design and color consistent with
other main elements of the project and be subject to
the satisfaction of the Director of Planning Services.
The existing median on Garden Road shall be improved to
comply with existing landscape median design criteria.
Parking spaces at the rear of the structure should be
designated for employee parking.
Alley returns will be required on all driveways.
The developer shall provide six inch high concrete curbs
2-½ feet deep in lieu of wheel stops.
The stucco and roof tile color shall be subject to the
satisfaction of the Director of Planning Services.
Ail landscaped areas adjacent to Poway and/or Garden Road
shall be mounded.
17. Gasoline price signs under the pump island canopy are pro-
hibited.
Resolution No. P-85-70
Page 4
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Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 85-08
and Development Review 85-12 subject to the following Standard
Conditions:
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.
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.
This approval shall become null and void if building permits are
not issued for this project within one year from the date of
project approval.
Resolution No. P-85-70
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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.
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.
E. RECREATION No Conditions
F. EXISTING STRUCTURES No Conditions
G. ADDITIONAL APPROVALS REQUIRED No Conditions
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II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES 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.
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.
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
Ail Circulation Element roads shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Public Services.
The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Poway and Garden Roads
prior to building permit issuance.
Ail exterior public streets shall be constructed to public
street standards.
Sidewalks (4.5) feet in width shall be required on one
side of Poway and Garden Roads.
Street striping and signing shall be installed to the satisfaction
of the Director of Public Services.
Ail street structural sections shall be submitted to, and approved
by the Director of Public Services.
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.
Ail exterior street improvements shall be constructed prior to
issuance of building permits, to the satisfaction of the Director
of Public Services.
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9. Street improvements that include, but are not limited to:
x a. Sidewalks e.
X b. Driveways __f.
X C. Wheel chair ramps X g.
x d. Curb and gutter __h.
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.
10. 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.
11. 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.
12. The developer shall pay one half the cost of a City approved
landscaped median along the project frontage(s): Poway and Garden
Roads prior to building permit issuance.
13. The developer shall pay the Traffic Mitigation Fee at the
established rate 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.
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.
2. Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
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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.
The applicant shall pay for a water system analysis to establish
the proper size and location for the public water system. The
amount will be determined by the cost of the analysis and shall be
paid prior to building permit issuance.
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.
GENERAL REQUIREMENTS AND APPROVALS
Prior to final map approval, all of the above improvements
and requirements shall be installed and provided, or deferred
by guaranteeing installation within two years from map recor-
dation or prior to building permit issuance, whichever occurs
first, 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 final map approval.
Prior to final map approval, all dedications shall be made
and easements granted as required above.
Resolution No. P-85-70
Page 9
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 19th day of November, 1985.
Carl R. Kruse, Mayor
ATTEST:
Mar~orie~ K. Wahlsten, City uFer~