Res P-90-41RESOLUTION NO. P- 90-41
OF T E CITY U C L
F IT OF PO ..Y, CAL 0 N A
APP OV ON ITIONA USE PE I 0-04
AS ES ' P RCEL N NBERS 3 - 0 -31
WHEREAS, Conditional Use Permit 90-04, submitted by m ave Hlgglns and Mark
Dames, applicants, request the approval to locate a 2,80 square foot automotive
stereo, alarm, and cellular phone installation and retai shop in an existing
commercial center located at 13150 Poway Road in the CG Commercial General)
zone; and
WHEREAS, on June 12, 1990, the City Council held a duly public
hearing to solicit comnents from the public, both pro and con, relating to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Flndln!
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration with
mitigation measures as contained in the conditions of approval.
The proposed location, size, design and operating characteristics of
the proposed use is in accord with the purpose and intent of the zoning
in which the site is located, the Poway General Plan and the develop-
ment policies and standards of the City, because the use is l
and will be located on a site which is designated for 1 use by
the General Plan.
That the location, size, design, and operating characteristic of of
the proposed use will be compatible with and will not adverse y affect
o be materially detrimental to adjacent uses, residents, bui dings,
s ructures, or natural in that the proposed use wi 1 be
1 mited in scope of operation concerning g of noise, and hours
o operation, and the use will be located within an existing 1
center.
That the harmony in scale, bulk, coverage, and density is consistent
with adjacent uses, because the street exterior of the building will
not change.
e
That there are available public facilities, services, and utilities,
because the use will be located in an existing commercial building.
That there will not be harmful effects upon desirable neighborhood
ch tics since the applicants are required to erect a six foot
masonry wall to screen the service bay and all business activity and
work will occur within a building.
No. P- 90-41
Page 2
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element, in that the
business will operate out of a shopping center where existing street
improvements and off-street parking are adequate.
e
That the site is suitable for the type and intensity of use or devel-
opment which is proposed, in that it is in a commercial location with
an existing parking lot.
That there will no
quality and natura
in the initial stu
a level of tnstg
be significant harmful effects upon tal
because any environmental issues raised
will be mitigated in the conditions of approval to
Be
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
10.
That he impacts, as described above, an the location of the proposed
use w ll not adversely affect the City o Poway General Plan for future
as we 1 as present development in that t e proposed use conforms with
the C ty's General Plan and a condition as been established for
Plann ng Services to conduct an annual review of CUP 90-04 for
compl ance with conditions of approval and address any issues that may
arise.
:11 Decision:
The City Council hereby approves Conditional Use Permit 90-04 subject to the
following
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 prop-
erty owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTHENT OF PLANNING SERVICES REGARDING CO#PLIAHCE
WITH THE FOLLOWING CONDITIONS:
The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the use and enjoyment of
surrounding residential and commercial uses.
The ap licant shall provide supplemental noise study to the Planning
Servic s De artment within 3 days of t of business activity.
This s udy hall ad ress bot the interior and exterior noise impacts of the
use. he P arming ervices epartment will determine whether the project
complies wi h City oise Standards. If further noise mitigation is found
necessary, he appl cant shall comply.
Resolution No. P- go-41
Page 3
3. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. weekdays and
9:00 a.m. to 7:00 p.m. weekends.
All work (installation, repair, and testing) shall be completed within the
enclosed service bay area and only during permitted hours of operation. All
installed stereo systems shall be tested with vehicle doors and windows
completely closed. All car alarm systems shall be installed and tested with
a noise muffler attached.
The -epartment f Planni g Services shall conduct an annual review of CUP
go-o for compl ance wit the conditions of approval. If the department
rece yes compla nts, or he use is found not to be in compliance with this
perm t, the rev ew will e forwarded to the Council, who may add further
cond tions or revoke the conditional use permit.
6. The applicant shall obtain a business license from the Customer Services
Department prior to t of business activity.
7. The applicant shall obtain an approved temporary use permit for any on-site
outdoor promotional events.
8. No outdoor storage of equipment shall be permitted.
SITE DEVELOPNENT
The existing trash enc osure shall be upgrade
wall with view obstruc lng gates pursuant to
wall design and the ma ertals to be used shal
Services Department pr or to issuance of bull
to a six foot high masonry
tty Standards. The proposed
be approved by the Planning
lng permits.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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.
The tenant improvement building plans addressing the acoustical wall shall
be certified by a recognized acoustical expert prior to submittal for
building plan check.
LANDSCAPXNG
A landscape plan shall be submitted and approved by the Planning Services
Department prior to issuance of building permits. Said plan shall address
the landscaping and irrigation adjacent to the trash area.
Page 4
No. P- g0-41
PARKING AND VEHICULAR ACCESS
Two designated handicapped parking spaces, meeting the require-
ments of the State of California Disabled Access Regulations, painted with
the universal symbol, shall be provided prior to t of business
activity.
APPLICANT SHALL CONTACT THE DEPARTNENT OF BUILDING SERVICES REGARDING CONPLIANCE
W]TH THE FOLLOWING CONOITXONS:
The installation bay portion of the proposed facility would be d as
a B-1 occupancy by the Uniform Building Code. A full one-hour fire rated
occupancy separation would be required between the bay and the
sales room portion of the business as well as between the installation bay
and the adjacent tenant space.
2. Restroom facilities shall be provided in
Uniform Building Code.
with Section 705 of the
3. The service bay must be provided with adequate either by a
mechanical system or through unobstructed openings to the exterior.
4. Disabled access shall be provided throughout the facility.
The existing party wall between the subject business and the adjacent tenant
space shall be upgraded to the specifications outlined in Dukes Acoustical
Analysis for lthe project dated March 29, 1990.
APPLICANT SHALL CONTACT THE DEPARTNENT OF SAFETY SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
Complete San Diego County Health Department Business Plan and disclose the
use of any hazardous or toxic substances and provide necessary Material
Safety Data Sheets.
®
ere an existing building or structure is not protected by an autom tic
re extinguishing system, but would otherwise be required to be pro ected
built as a new building, its use will be allowed to continue unti such
me any structural change takes place which modifies, alters, or af ects,
any bearing wall or similar structural assembly at which time it sba 1 be
made to conform to the provisions of Ordinance No. 305.
The existing fire lane located south of the subject site shall be upgraded
prior to t of business The curbing shall be repainted
and proper signage installed identifying the fire lane.
Resolution No. P- 90-41
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of June, 19g0.
Do~Hn H~ggl nSon~
ATTEST:
Marjorie K,
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. P-90-41 , was
duly adopt d by the City Council at a meeting of said Cty Council held on the
12th day o June , lggo, and that it was so adop ed by the following
vote:
AYES: EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON
R/R-6-12.13-17
MarJorie Ki
City of P~ow~ay