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