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Res P-88-73NO. P-88-73 A OF THE CITY COUNCIL OF THE CITY OF POWAY, USE RMIT 88-04 REVIEW -09 AND 88- PARCEL NUMBER 317-1 -21, 40, AND 41 88-09, an the and Use Permit 88-03 to sales and service zone; and, 88-04, Review by Chrysler Realty Corp two for use as at 13655 Pow~y Road in the above on June 28, 1988, the City Council held a hearing on item. NOW, the Council does hereby resolve as Section 1: : The City Council finds that the project will not have a signi- ficant adverse impact on the and hereby issues a Section : Use Permit 88-04 1. That the size, design, and of the use will be uses; in that the se vice business adjoins other si es and where it adjoins ditions of require block wall and a buffer uses. to charac- with sales and 1 uses on two uses, the con- of an eight foot the two That the harmony in scale, bulk, and density is with the uses; in that are similar in size to That there are ' public and in that sewer and water service is for the in that sewer units were to the site through of the map (TPM 8 -04). That there will be no harmful effect upon neigh- borhood as the will be from and by walls and No. P- 88-73 Page 2 Deve 1. That the the · in 1 traffic of traffic will not adversely impact streets and/or the City's that the Element assumed y use on this site and the levels of by this project will not exceed levels of That the site is suitable for the type and of use or which is in that the s ze and of the site will the deve- lopment without the need for grading and he lot is well below the maximum which would be per- mitted by zone That there will not be harmful effects upon quality and natural in that the site does not contain natural or due to and to the fact that it is by and on all sides. That there are no other impacts of the use that cannot be mitigated because the con- ditions of include which address all adverse That the as above, and the of the use will not affect the City of Poway General Plan for future as well as present ment; in that the General Plan the site for use and land ha~ already been or will soon be fully d eview 88-09 That the is in with the Poway General Plan in that the sales and ser- vice is a use and the General Plan the for That the will not have an a verse health, safety, or re ated impact upon in that the bu lding design with ~ed uses and colors from the Design Element of the General Plan and the ' are to be with other along Poway Road. No. P- 88-73 Page 3 That the proposed development is in compliance with the Zoning in that the project meets or exceeds the of the CC zone. That the the orderly and h appearance of an property within t e City; because it will blend with and is located in an area p ~nned for commer- c al development. 88-03 The City Council does hereby deny the of the wall sign on the for the height There are not any s ecial to the or the use that deprive the of enjoyed y other The site is flat and is ~imilar in s ze to other sales and ser- vice in Poway. The of the is not for the pre- and of a right enjoyed by other in the same zone and Other sales and service have wall signs in with the 20 foot height limit for sign the would a special with the upon other the same zone and The City Council does hereby approve the for a partial relief of the five foot landscape strip along the easterly line. Specifically, the Council grants relief of the five foot strip adjacent to the block wall from the gates of the car storage area south to the block wall located ten feet north of the line on the That there are special to the and the use of the car storage area, and because of this, the strict of the Zonin would de rive the of rivi- leges enjoyed by other in the an under ' zoning Poway Creek lows along the ne. A box culvert will be as part o the Capital No. P- 88-73 Page 4 Program to control flooding of Poway Creek. The culvert will be within the area of the strip. Public does not permit trees to be planted over because the roots can damage the That the o the is for the p and en oyment of a property right by other in the same zone and vici- nity and denied to he for which the is sought. Other sites have been with sales and service and have been per- mitted full use of the site. That the of the will not be to the public health, safety or or to the property or in such an~ zone in which the is located, the will protect the public safety, because trees over the lining of the That the of this does not a special ' with the upon other in the and zone n which the is in that the would for ot er lots with similar That the of this does not allow a use or ~hich is not by the zon'ing the parcel of That the not be is for the area. of the or its will with the General Plan in that the site and the City sales and service uses to locate in Section 3: ~ ,uncil Use Permit 88-04, 88-03, for which plans are hereby Review 88-09, are on file in the subject to the and No. P- 88-73 Page 5 Within 30 days of mit in writing that all read and and (2) cute a Notice of (1) The shall sub- of have been the owner shall exe- on Real Property. The shall prepare.a revised meets the of the of prior to of building include the plan which The plan shall the pine tree with another 24 inch box that provides a dense landscape screen, add shrubs, and the number of trees. b. the number of trees within the of the lot on a ratio of one tree per three parking spaces. Submit a dwarf bush for either tam juniper or The for the shall be to with the design ele- ment of the General Plan. The of may upon review of eleva- tions, require wood facings over the 50 inch wide band which is shown as on the para- pet. , the split face block pillars which are along the north edge of the display building, could be changed to wooden pillars, or the pro- posed pillars could be faced with wood. The plan shall be metal halide lights on an ti~in device which turns off the lights at 11:00 p.m. The li hting plan for the car s orage area shall be revised i such a manner that the ights are away and o not shine upon the zoned properties. In addition, lights shal not be located upon the building which spill light upon or which light impacts upon said A split face block wall eight feet in height from the highest grade of the site's line shall be and at the shown on the site plan. An earthen berm two feet in height shall be to visib y reduce the size of the wall as seen from the resident al p to six feet. No. P- 88-73 Page 6 The 20 foot wide chain link doors to the car storage area shall be wood faced, or to screen the area from Poway Road. Outdoor are son paging system shall be A sales per- by the of 10. 11. 12. 13. Ail of the map, TPM 88-04, shall apply. shall conduct an annual review of this permit for with the of or to address with the of the use. If the permit is not in or the has the review shall be set for a public hearing before the City Council to con- sider modification or of the permit. School fees shall be paid prior to permit Ail shall be in a healthy and free fro weeds, trash, and debris. The trees shall be and allowed to retain a natural form. Pruning sho61 be to the health of the trees and o protect the public safety. or pruning should be Ail auto repair work including tune up work and engine shall be done inside the repair building. The shall prepare a plan showing how oil, as, and other waste liquids will be of and so as not to create a or hazard to the ubl c. Such plan shall also indicate how on-site draina e w 11 be This plan shall be to the Ci y for review and prior to the of 14. shall not be stored on the site any longer than is to their repair. The · shall provide records to permit of this upon request by the City. No. P- 88-73 Page 7 15. The auto repair b' bay door on the east side of the shall be with a se mecha- nism and shall be to prevent noise leakage. 16. The hours of for the shall be from 7:30 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 4:00 p.m. on Saturday. 17. The noise level exceed five at the by the auto is above the ambient noise level and south lines. not to 18. CUP 88-04, DR 88-09, and VAR 88-03 shall expire on June 28, 1989 unless building permits are issued. A time must be by March 28, 1989 and prior to the date. .ervices The following ' shall be of the of Safety to the satisfaction Three new fire Marshal will locate the one shall be The City Fire , two on Poway Road and An fire system is for the entire Plans shall be to the Fire for prior to the stat of tion. The system shall be by a central company. The post valve for the system shall be w th a tamper switch, Knox lock, and also be The building address shall be located facin Poway Road with numbers large enough to be seen from P way Road. The address shall also be painted on the roof o one to the of Safety e A "Knox Box" rapid entry system is will be by the City Fire The 5. Designated fire lanes will be required, curb markings, and signs shall be No. P-88-73 Page 8 Ail toxic and shall be and Safety Data Sheets to the Fire upon An plan shall be completed with the San Diego County Depart- ment of Health, Material Public The shall be ~ to the tion of the of Public The shall to the City, prior to of the of ., the and costs that are to the City's box culvert so it may ~ the loads that will be added by the proposed If the choose to have the City design and the storm dra n/box culvert for the system to be located along the 1 ne'then the City shall be reim- bursed for said costs by the prior to of a of Remove and replace broken along the with the City of Poway curb, gutter, and side of Poway Road shall be per Those along the on Poway Road that are to be closed, shall be ~ith curb, gutter, and per City of Poway spe- Water Fire shall be at mined by the City Fire and · shall be per City of Poway to be deter- A new water main shall be installed from that main in Poway Road into the site for a fire hydrant and a service line. The size of said main shall be by a water system to be by an engi- neering firm designated by the City. Cost of said analy- sis shall be paid to the City upon demand to prevent delay in p ~ plan checking. No. P- 88-73 -- Page 9 Draina 1. The may be to install an system ' Said system shall include, but is not to be limited to, of a curb inlet on the north side of Poway Road and the of . piping to tha pro- posed box culvert to be under the tion of the City's Capital Project Any for this system s all be against the cost of A hydrology/ shall be the City, with the of plans, for of the of design. ~ to A 20 foot wide water on site to of a shall for the new water main be to the City prior of If required, a drainage feet, for the cated to the City prior to ' width of 20 system shall be dedi- of a of Street lights (two) shall be side of Poway Road. The exact cated by City staff on the plan plans for ments on by a ~ Civil City fo~ review and the along the shall be indi- plan during the of public size sheets (24' x 36" mylar) shall be ~ to the by the of Public Public tion of shall include, but not be limited to, of water mains and street lights, system, and street related repair and Prior to tioned of a building permit, the above men- plan shall be the posted with the City, and the for its 7. Provide sewer lateral with line clean out five feet west of center center line. No. P- 88-73 Page 10 A® on-site water main five feet east of and center drive center line. The letter height for the proposed wall sign shall not exceed 30 inches and the sign shall be centered on the north facia of the 10. Ail other of the Poway 1 Code sign shall be with. SHALL CONTACT THE 2E WITH THE OF ¢ SITE Site shall be in plans on file in the ditions herein. with the approved site and the con- Revised site plans and el of shall be to the prior to of all cable of of City this request shall not waive the Zoning Code and in effect at the time · with all all other appli- of permit Trash shall be wall with view-ob gates shall be subject to by a six foot high masonry to City standards. by the Ail roof fered from air shall be shielded from view and sound buf- and streets as by the Prior to any use of the project site or ~ all of approval shall be to the of the being herein of The shall comply with the latest adopted Uniform Code, Uniform Code, Uniform Code, Code, Uniform Fire Code, and all other appli- cable codes and in effect at the time of permit ' No. p-88-73 Page 11 Be PARKING AND VEHICULAR ACCESS Ail parking lot shall consist of a minimum of one fifteen (15) gallon s ze tree for every three (3) parking spaces. For parking lot islan s, a 12 inch wide walk adjacent to parking stalls sha 1 be and be from areas by a inch high, 6 inch wide cement Parking lot lights shall be low sodium and have a height of (18) feet from the grade of the parking surface ~nd be directed away from all lines, streets and Ail two-way traffic aisles shall be a minimum of 24 feet wide and access shall be provided, free and clear, a '~ of 24 feet wide at all times during tion in with Safety ments. Ail parking spaces shall be double A and plan shall be and by the Public and prior to the of building to Street trees, a minimum of 15 gallon size or larger, shall be in with the City of Poway and shall be planted at an average of every 30 feet on streets and 20 feet on SIGNS Any signs proposed for this in with the Sign shall be and - NONE - NONE The shall provide and t at have been to the of Ad of State Board of reviews and/or of the No. P- 88-73 -- Page 12 SHALL CONTACT THE PUBLIC WITH THE GRADING Grading of the subject shall Uniform Building Code, City Grading plan and report, and be in with the approved grading grading A soils report shall be by a by the State of to perform such work at first of a grading plan. A report shall be by a or and at the time of gra~ing plan check. for The final grading plan shall be subject to review and by the and Public and shall be prior to of the permit. A surv y of shall be to the satisfact on of the City prior to any rock Seism c shali be taken for all and sha 1 occur oniy at and levels by the City Engineer. STREETS AND Ail damage off-site trees, sba 1 be bonds and of Public public works facilities, including parkway or prior to of , to the of the Prior to any work being public works permit shall be office and fees paid, mits in the public righ , a from the Public in to any other per- The shall pay one half the cost of a City median along the project at the date final building or the date the of is issued, occurs later, but a deposit must be posted with the City's Public prior to permit the No. P-88-73 Page 13 The developer shall pay the Traffic Mitiga ion Fee at the rate at the date of the final or the date the of is issue , occurs later,but a deposit must be poste with the City's Public prior to building permit AND FLOOD CONTROL The proposed project under the ject to the falls within areas indicated as subject to Flood Program and is sub- of that program and City A drainage system capable of and face water within the waters that may flow onto the from shall be required. Said drainage system shall and as required by the to handle the of all sur- and all surface lands, include any of Public The Master Plan of Fee shall be paid at the rte in with the the date of f nal or at the date th~ is ssued, whic ever occurs later, but a deposit must e posted with the City's Public pr or to permit at of ] flows across driveways and/or be ~. shall not Ail Element roads and/or within the project shall be along less than 34.5 KV. Utility serving utility shall be to the of the and the of Public The developer shall be of for the relocation and public utilities, as Water, sewer, and fire systems plans shall be designed and to meet of the City of Poway and the Health Department of the County of San Diego. 5. Prior to of for sewer -- to the sewer area ~hall occur. No. P- 88-73 Page 14 e The shall pay for a water system analysis to the proper size and for the public water system. The amount will be by the cost of the ana- lysis and shall be paid upon demand by the City. The shall, within 30 days after of the use.permit and review, app%y for a Letter of (LOA) to reserve and post with the Ci y, a nonrefundable fee equal to 20% of the fee in effect at the time the LOA is ssued if n6t already done. Poway shall a light system to City of at no cost to the public, subject to the L. GENE~ State of ATTEST: Cut-off shall be which will provide true 90 degree cutoff and prevent of light above the from the lowest ~oint of the lamp or light or device. Advance energy charges and shall be paid by the charges to the and of time of final occurs first. shall be shall be at the or of AND - NONE Cal' and ADOPTED by the City Council of the City of Poway, this 28th davy of June, 1988. Mar jo/i~ City Clerk No. P-88-73 -- Page 15 STATE OF ) ) ss. COUNTY OF SAN DIEGO ) I, K. City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the No. P-88-73 , was duly adopted by the City Council at a meeting of said City Council held on the 28th day of June 1988, and that it was so adopted by the vote: AYES: BRANNON, NOES: NONE NONE ABSENT: NONE , KRUSE, TAR ZY, EMERY R/R-6-28.18-32 City Clerk Cit~ o~,~poway