Res P-89-14NO. P-89-14
A F TH CITY 0 CIL
OF THE .I Y 0 POW Y, CAL F NIA
APPROV N CU 88- 2/DR 8 -
ASSESSOR' ARC L NU BER 31 - 3-05
WHEREAS, James Sullivan, applicant,.requests approval for a vehicle storage
and towing business in the CG (C General) zone which is located at
13119 Bowron Road; and
WHEREAS, on January 31, 1989, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E 1Findinc :
The City Council finds that this project will not have an adverse impact on
the provided mitigation measures are implemented and hereby
issues a Negative Declaration with mitigation measures.
Section 2: Findinc :
Conditional Use Permit 88-22
That the location, size, design, and operating of the
proposed use may be with adjacent uses upon compliance with
certain conditions.
That the harmony in scale, bulk, coverage, and density is
with adjacent uses.
o
That there are available public facilities,
that sewer service is available for the project.
and utilities, in
There will be no harmful effect upon desirable neighborhood charac-
teristics if the project's are confined to the site and are
adequately buffered from adjacent b residences, schools, and
parks.
That the g of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element.
The site is suitable for the type and of use or
which is proposed, and the conditions of approval will ensure
compliance with City codes.
That there will not be significant harmful effects upon 1
quality and natural if all conditions of approval will be
complied with.
Page 2
No. p_89-14
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
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
lo' nent Review 88-31
Upon satisfaction of the conditions of approval, the development is in
conformance with the Poway General Plan.
That d will not have an adverse aesthetic, health, safety, or
arch ly related impact upon adjoining properties after
compliance with conditions of approval.
That the development will be in compliance with the Zoning Ordinance,
in that all development standards can be met.
Upon satisfaction of the
encourage the orderly and h
perry within the City.
of approval, the development will
appearance of and pro-
Section 3: City Council D~cision:
The City Council hereby approves Conditional Use Permit 88-22 and
Development Review 88-31 subject to the fulfillment of and compliance with
the following
Within 5 days of approval: (1) The applicant sh ll submit in writing
that al of approval have been read an ~; and (2)
within 0 days of approval the property owner sha 1 execute and deli-
ver to he City for recording a Covenant on Real roperty which states
that the use approved hereby is subject to the terms and conditions of
the CUP.
The entire site hall be surrounded by solid six fo t high wood fencing
within 90 days o adoption of this resolution. Sai fence shall be of
uniform and shall comply with all rec of the
Poway Plan and all and f re codes. Two
chain-link gates may be provided. To permit access to the north, one
gate, not be wider than to provide safe access to the site
for vehicles currently being used by the applicant's business, may be
provided, shall provide an access gate in the fence on the
porti n of the property for access to fire hydrant on Bowron
Road to the sat sfaction of the Department of Safety Services within 90
days of approva of the CUP. This second gate shall match the fence in
style and mater als and shall be kept closed at all times except when
being used by a vehicle.
No. P- 89-14
Page 3
Asphalt paving (three inch asphalt on four inches of Class 2 base) shall
be installed in all areas where vehicles will be parked or stored,
parked or driven, within 105 days. Asphalt and base may
be reduced if applicant submits a soils report which that
the reduction is warranted.
and parking lot ~, meeting City shall
be installed within 120 days of adoption of this The
landscaped areas shall be provided with an approved irrigation system
and the plant shall be in a health, thriving, and
weed-free condition.
permanent office shall be provide within 150 days of adop-
ion of this This . shal meet all re¢ of
he Poway Comprehensive Plan and all applicab e codes,
ncludin9 p of toilet facilities, wh ch are connected to the
sanitary sewer. The existing porta-potty sha 1 be removed and the
applicant shall provide required sewer service for the office use. If
it can be d ~ that it meets Uniform Building Code rec
or is modified to meet Uniform Building Code rec ) the existing
temporary may be retained provided it is placed on a per-
manent foundation, attached to sewer, and otherwise made to meet all
applicable codes.
No vehicles with the business (including tow trucks and per-
sonal vehicles of ., employees, or owners) shall be parked out-
side of the area provided for parking within the perimeter fencing.
Two customer parking spaces shall be provided, and identified with
signs, near the office.
One minimum 40:BC portable fire extinguisher to be installed on site in
a location satisfactory to the Director of Safety Services.
The applicant shall submit applications for building permits for all
built or installed without approval to the Planning Services
Department within 30 days. S for which a building permit can-
not be issued shall be removed within 30 d~ys of approval.
Road imp shall be completed to the satisfaction of the
Director of Public Services within 180 days of adoption of this resolu-
tion. required shall be all those to ensure
adequate drainage and to mitigate all traffic and roadway impacts
caused by the project. The improvements shall include the following:
The 20-foot easement must be improved with three inches of asphalt
on four inches of Class 2 base.
b. Any unused underground fuel tanks must be properly removed.
No. P-89-14
Page 4
c. The following fees shall be paid prior to building permit
Water Meter, Lateral and C
Sewer C Clean Out, and
Inspection
$ 5OO
2,431
The following fees shall be paid prior to occupancy. Said fees
shall be secured 100 percent prior to building permit '
Sewer Line $2,000
Water Expansion 315
Drainage 1,520
Traffic (per tow truck) 660
10. Miscellaneous
ao
The applicant shall prepare a plan showing how spilled oil, gas,
and other liquids are handled and controlled so as not to create a
nuisance or hazard to the public. Such plan shall also indicate
how on-site drainage will be handled.
bo
Co
Said lan sh ll be submitted to the of Planning
Servi es wit in 30 days of the a proval of the conditional use
permi and s all be approved or pprov d with modifications by the
Direc or of lanning Services wi hin I days of submittal.
Failure of t e applicant to subm t sai plan and adhere to it as
approved may cause of the C P.
This conditional use permit shall be subject to an annual review
by Council. A public hearing shall be conducted only if modifica-
tion or is required after such annual review.
do
School fees for any new or for alteration of tem-
porary to make them permanent shall be paid prior to
building permit ' The current rate is 25¢ per square
foot.
e4
This conditional use permit shall be deemed rescinded and shall be
no longer valid ' upon the violation of the
conditions or failure to complete said by the time sti-
pulated.
In the event that any of the above conditions of approval are not
timely complied with or are violated, the Director of Planning
Services shall so advise the applicant by letter. The letter
shall advise the applicant that the approval of the CUP is deemed
No. P-89-14
Page 5
rescinded an no longer in force or effec and that the use must
be immediately. Applicant sha 1 either the
use within 7 hours of receipt of the let er or file with the City
Clerk a writ en letter of appeal to the Cty Council of the ter-
I such an a peal is filed, the Council shall consider
the appeal w thout a pu lic hearing within te (10) days of its
receipt by the Clerk. he City Council may a firm, modify, or
overrule the action o he Director. The dec sion of the Council
shall be final and no subject to further rev ew or recon-
sideration. The appl cant shall comply with the decision of the
City Council within 7 hours of City Council action. In the event
that the applicant does not comply with the decision of the
Council (or of the Director if there is no appeal), the City
Attorney shall promptly commence court action to ensure
of the use.
APPROVED and ADOPTED by the City Council of/~e City of Poway, State of
California, this 31st day of January, 1989.
or
~II[SI:
No. P- 89-14
Page 6
STATE OF C )
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-89-14 , was
duly adopted by the City Council at a meeting of said City Counci E on the
31stday of January , 1989, and that it was so adopted by the following
vote:
AYES:
NOES: NONE
ABSTAIN: BRANNON
ABSENT: NONE
R/R-i-31.32-37
EMERY, GOLDSMITH, HIGGINSON, KRUSE