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Res P-90-10RESOLUTION NO. P- 90-10 A OF HE CIT UNCIL OF T E TY F P WAY, C L ORNIA APPROVI G NDI ION L USE E IT 8g-ll AN D ELO MEN REVIE -04 ASSESS R' PAR EL NUMBER I -130-32 WHEREAS, Conditional Use Permit 8g-ll and Development Review 8g-04, sub- mitted by Mobil Oil Company, applicant, requests approval of a new gasoline dispensing island, canopy, and expansion of the snack shop at 13556 Poway Road; and WHEREAS, on January 30, 1990, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: E tal Findino : The City Council finds that this project will not have a adverse impact on the and hereby issues a Negative with mitigation measures as contained in the conditions of approval. Section 2: : Conditional Use Permit 89-11 That the location, size, design, and operating characteri tics of the propo ed use will be compatible with and will not adverse y affect or be ma erially detrimental to adjacent uses, residents, bu ldings, st or natural in that the service sta ion is an estab ished existing use which has ly operated on site for more han ten years. That the s ale, bulk, coverage, and density is consistent with adjacent uses, in t at all development standards of the Zoning Development Code are met. he project will meet the applicable property development standards or off-street parking, setbacks, lot coverage, and building height. That there are available public facilities, and utilities to serve the proposed use as all facilities and services can be provided for through the conditions of approval. That there will not be a harmful effect upon desirable neighborhood charact in that lighting, signing, and architectural design shall be regulated through the review process. That the g of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that a Resolution No. P-90-10 -- Page 2 condition of approval will require the payment of Traffic Mitigation Fees and toward the of the medians on Midland and Poway Roads, as well as provisions of required off-street parking and elimination of two driveway cuts. That the site is suitable for the type and intensity of use and devel- opment proposed in that the site is located in a CC zone which permits the operation of service stations when regulated by a conditional use permit. That there will not be significant harmful effects upon the environmen- tal quality and natural in that the recovery of spilled fuel is underway and presently satisfies the requirements of regulatory agencies. 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 development. Review 8g-04 That the proposed : is in conformance with the Poway General Plan, in that auto services are allowed on the commercial community land use with approval of a conditional use permit. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining pro- perties, as noted under the findings in the preceding section. That the proposed development is in compliance with the Zoning Ordinance, in that all development standards will be met in development of the project. The roposed development en ourages the orderly and harmonious appe rance of structures an property withi the City because it comp les with the design gu delines of the eneral Plan and proposes bull ings that are similar n size and arch tectural style to other commercial buildings in the immediate vicin ty. Section 3 Jncll Decision: C Use Permit 89-11 and Development Review 89-04 for which plans are on file in the Planning Services Department, are hereby approved subject to the following conditions: Within 30 days of approval: {1) The applicant shall submit in writing that all conditions of approval have been read and understood; and {2) the pro- perty owner shall execute a Covenant on Real Property. Resolution No. p-90-10 Page 3 APPLICANT SHALL CONTACT THE DEPART#ENT OF PLANNING SERVICES REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. ® Revised site plans and building elevations incorporating all conditions 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 sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. e Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be sub- ject to approval 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 w th the latest adopted Uniform Building Code, Uniform Mechanical Code, Uni orm Plumbing Code, National Electric Code, Uniform Fire Code, and all o her applicable codes and ordinances in effect at the time of building perm t issuance. 7. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHZCULAR ACCESS Parking lot lights shall be low pressure sodium and have a maximum height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and residences. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building per- mits. 2. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. Resolution No. P-90-10 Page 4 SIGNS Any signs proposed for this d with the Sign t shall be designed and approved in APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPANTNENT REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to building permit 2. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. STREETS AND SIDEWALKS Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Services. All 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. 3e Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. The dev loper shall pay the projects's share of the the cost of a City approve /proposed landscaped median along the project frontage{s) on Poway Road an be computed at $25.43 per lineal foot of frontage prior to building permit 5. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. 6. Dedicate four feet additional right-of-way on Midland Road and additional right-of-way along the curb return to Poway Road on a 35 foot radius. 7. Consolidate both driveways on Poway Road and install new curb, gutter, and sidewalk as necessary to match new driveway. Be Install landscaping as shown on the plan with a curb at the back of sidewalk to close the southerly driveway on Midland Road. The existing closed dri- veway depression will remain in place until the reconstruction by the City. Resolution No. P-90-[O Page 5 g. Pay in in-lieu fee for removal of the southerly driveway on Midland Road and replacement of curb, gutter, and sidewalk at that location. 10. The developer shall pay an in-lieu fee for construction of a raised concrete median on Midland Road at the same rate as the median reimbursement on Poway Road {$25.43 per lineal foot). DRAINAGE AND FLOOD CONTROL C flows across and/or sidewalks shall not be UTILITIES All proposed utilities within the project shall be installed underground including existing utilities less than 34.5 KV along Ci Element roads and/or highways. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Public Services. 3. The developer shall be responsible for the relocation and undergrounding of existing on-site 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. APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTNENT REGARDING CO#PLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roofs. e The buildings shall isplay their numeric addr ss in a manner visible from the access street, uilding addresses shall a so be displayed on the roof in a manner satisfac ory to the Director of Sa ety Services. Minimum size of building numbers is 8 inches on facade of bui ding. 3. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fi re Marshal. 4. Material Safety Data Sheets shall be required for all hazardous and/or toxic used in each building. An Emergency Contingency Plan and Hazardous Materials Disclosure is required to be filed with the San Diego County Department of Health and copies pro- vided to the Fire Department. Resolution No. P-gO-lO Page 6 6. A Knox Box security system shall be provided meeting Department of Safety Services requirements. GENI [REGENTS AND APPROVALS 1. Permits will be required from San Diego County Environmental Health Services. An annual review by the City Council shall be required for a period of five years in order to determine that compliance with these conditions have been and continue to be met. 2. The conditional use permit and development review approval shall expire on January 30, 1992. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of January, 1990. Don Hlgglnson, Mayor' ATTEST: Marjorie Resolution No. P-90-10 Page 7 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Mar orle K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing Resolu ion, No. , was duly adopt d by the City Council at a meeting of said Cty Council held on the 3~thday 0 , 1990, and that it was so adop ed by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE R/R-1-30.4-gA