Res P-90-75NO. ~- 90-75
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
~ USE PERMIT 90-09,
90-09, REVIEW 90-11, A_ND
SIGN PLA~ 87-02R
ASSESSOR'S PARCEL NUMBER 314-710-17
Conditional Use Permit 90-09, 90-09,
Development Review 90-11, and Comprehensive Sign Plan Revision 87-
02R, submitted by Mobil Oil Company, applicant, requests a proval
for construction of an automobile service car wa h, and
snack shop, and a variance to permit a total of four groun signs
for the shopping center for property located at 14863 Pomera o Road
(Twin Peaks Plaza) in the CG zone; and
on October 2, 1990, the City Council held a hearing
on the above-referenced item.
NOW, the City Council does hereby resolve as
follows:
Section 1: Environmental Findir :
The City Coun il finds that this project will not have a
significant a verse impact on the t and hereby
issues a Nega ive Declaration with mitigation as
contained in t e conditions of approval.
Section 2: Find :
Conditional Use Permit 90-09
That the locat on, size, design, and o er ting
characteristics o the proposed use will be co pa ible
with and will no adversely affect or be ma er ally
detrimental to a jacent uses, , bu ld gs,
structures, or natural , in that the use wi be
located within an existing shopping center and a 42 nch
wall or other equivalent barrier will be provide to
screen the project from residential uses to the west and
lighting for the gas station has been designed to
glare and spillage.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, i that all of
the Zoning Developmen Code are met and the project does
not exceed the square ootage anticipated by the original
development plan for he center.
No. P-90-75
Page 2
That there are available public facilities, services, and
to serve the proposed use as all and
services can be provided for through the of
approval.
That there will not be a harmful effect upon
eighborhood characteristics, in th t rural
esign will be compatible with the ad acent center and
ighting is designed to minimize impa ts on residences
ocated west of the site across Road.
That the generation of traffic will not adversely impact
the ~ streets and/or the City's
Element in that a of approval will require the
payment of Traffic Mitigation Fees and provisions of
required off-street parking.
That the site is suitable for the type and intensity of
use nd development propos d in that the site is located
with n an existing 1 development in a zone (CG)
whic permits the operat on of service stations when
regu ated by a conditiona use permit.
7
That there will not be signi icant harmful effects upon
the environmental quality an natural in that
the site has been graded or several years and the
conditions of approval requ re mitigation to
impacts on the to the west.
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.
Variance 90-09
That there are special circumstances applicable to the
property, (size, shape, topography, 1 or
surroundings) or the intended use of the property, and
because of this, the strict application of the zoning
Development Code deprives the property of privileges
enjoyed by other properties in the vicinity under
identical zoning classification.
The subject shopping center is unusual in that it has
three, long street frontages. The Pomerado Road
Resolution No. P-~-75
Page 3
frontage, alone is approximately 1,450 feet in length.
the project to one sign on this frontage
presents a severe for uses like the
service station as State law requires that gas prices be
readable from adjacent roadways.
That granting the or its tion is
y for the preservation and enjoyment of a
substantial property right possessed b' other property in
the same and zone and denied o the property or
which the variance is sought, in tha all of the ot er
service stations within the Ci y have erec ed
freestanding signs similar to or larger than the s gn
proposed.
That granting the variance or its modification will not
be materially detrimental to the public health, safety,
or welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is
located because the proposed sign is designed to blend
with adjacent development.
That granting of this does not constitute a
special privilege inconsistent with the limitations u on
other properties in the vicini y and zone in which s ch
pro erty is situated because he cir umstances on he
sit are unique and to preclu the reestanding s gn
wou d unfairly penalize the app cant or locating a gas
sta ion within a comprehensively planne shopping center.
The granting of this does not allow a use or
activity which is not otherwise expressly authorized by
the zoning development regulation governing the parcel of
property in that freestanding on-site signs are permitted
y structures in the CG zone.
That granting the variance or its modification will not
be incompatible with the Poway City General Plan in that
the plan designates this site for 1 use and
signage would be expected in a commercial center.
Deve~
Review 90-11
That the proposed development is in conformance with the
Poway General Plan, in that auto are allowed in
the commercial zone use with approval of a conditional
use permit.
Resolution No. P-90-75
Page 4
That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, 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 proposed development encourages the orderly and
h rmonious appearance of structures and property within
t e City because it complies with the design guidelines
o the General Plan and proposes structures that are
s milar in architectural style to other 1
buildings in the surrounding shopping center.
Section 3:
uncil
The City Council hereby approves Conditional Use Permit 90-09,
90-09, Development Review 90-11, and Comprehensive
Sign Plan 87-02R subject to the following conditions:
within 30 days of approval: (1 The applicant shall
submit in writing that all condi ions of approval have
been read and understood; and ( ) the property owner
shall execute a Covenant on Real roperty.
Six months after business opens, staff shall review the
operation and its impact on the neighborhood and prepare
a report for Council review.
SHALL CONTACT THE OF
WITH THE
SITE
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
conditions ] herein.
The use conditionally granted by this
conducted in such a manner as to
use and of ~
uses.
permit shall not be
with the
and residential
The project will be subject to an annual review by the
Planning Director per Section 17.48.140 of the Zoning
Development Code to monitor compliance with the conditions of
approval.
Resolution No. P~0-75
Page 5
The canopy elevation shall include a cornice detail similar to
that found on other structures in the ~ shopping
center.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
prior to of building
The applicant shall
stucco wall along
reen headlights an parking from the
e west. The Plan- ng Director may accept a
e wall requireme if the applicant can
ey have created ( n effect) the eq
nch high barrier with a of
andscaping, and boulders.
rovide revised plans which show a 42 in h
he Pomerado Road frontage in order o
propert' o
alternativ o
emonstrate hat
of a soli 42
erming, ma ure
Appr val of this
of the
appl cable City
perm t
request shall not waive compliance with all
Zoning Development Code and all other
in effect at the time of building
T e trash receptacle shall be relocated to the east to line up
w th the adjacent trash e~closure t the outh (Sam Goody's
T e trash receptacle sha 1 be enc osed y a six foot hi h
s ucco and masonry wall w th ing gates pursua t
to City standards. Locat on shall e sub ect to approval y
the Planning Department.
10.
11.
12.
Prior to any use of the project site or activity
being thereon, all conditions of approval ~
herein shall be completed to the satisfaction of the Director
of Planning Services.
The applicant shall comply with the latest adopted Uniform
Bui ding Code, Uniform Mechanical Code, Uniform Plumbing Code,
Nat onal Electric Code, Uniform Fire Code, and all other
app icable codes and ordinances in effect at the time of
bui ding permit
Hours of operation for the car wash shall be from 7:00 a.m. to
11:00 p.m.
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.
Resolution No. P-90-75
Page 6
PARKING AND VEHICULA~ ACCESS
Parking lot lights shall be low pressure sodium and have a
maximum height of 25 feet from the finished grade of the
parking surface and be directed away from all property lines,
adjacent streets, and residences.
A and irrigation plan shall be to
and approv d by the Planning Services Department prior to the
issuance o building permits. Trees along the south side of
the car was shall be spaced no further than 20 feet on center
and shall nclude some evergreen species. Vines shall be
planted on the outside of the trash enclosure and screening
wall.
Ail landscaped areas shall be maintained in a healthy and
thriving free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance and
Comprehensive Sign Plan 87-02. The freestanding sign shall
incorporate a street address.
The applicant shall provide verification of State Board of
Equ notification and that appropriate reviews and/or
approvals have been accomplished to the of the
Director of Administrative Services.
SF,%LL CONTACT THE OF
WITH THE
Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work at
first submittal of a grading plan.
Resolution No. P~30-75
Page 7
The final grading plan shall be subject to review and approval
by the Planning and Engineering Departments
and shall be completed prior to of building permit.
STREETS AND
Reciprocal acc ss and maintenance and/or ag shall be
provided insur ng access to all parcels over private roads,
drives or par lng areas and maintenance thereof to the
satisfaction o the Director of Engineering Services.
Prior to any work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the Engineering
office and appropriate fees paid, in addition to any
other permits required.
The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit
AND FLOOD CONTROL
Intersection drains will be required at locations specified by
the Director of Engineering and in accordance with
standard engineering p
A drainage system capable of handling nd disposing of all
surface water originating within the evelopment, and all
surface waters that may flow onto t e develo ment from
adjacent lands, shall be required. Said rainage s-stem shall
include any easements and as requi ed by the
Director of Engineering to properly andle the
drainage.
Portland cement cross gutters shall be installed
where water crosses the roadways.
The Master Plan of Drainage Fee shall be paid at the
established rate prior to building permit i
Concentrated flows across driveways and/or sidewalks shall not
be permitted.
Prior to of building permits, the applicant shall
submit an outline of their water recycling program to the City
Engineer. the recycling system shall be approved prior to
issuance of building permits.
Resolution No. P-90-75
Page 8
utility easements shall be provided to the specification of
the serving utility companies and the of Eng
The developer shall be responsible for the relocation and
undergrounding of existing public ut as required.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet req 'ts of the City of
poway and the Health Department of the County of San Diego.
SHALL CONTACT THE
WITH THE
OF SAFETY
Relocation of the water easement shall be coordinated in such
a manner as to not interrupt fire sprinkler service to the
existing Sam Goody store.
An underground tank installation is to be
County Health Department and permits
construction.
ted with the
prior to
size of building numbers is six inches on facade of
building. Building shall also be on the
roof in a manner tory to the of Safety
Services.
An Emergency Contingency Plan and Hazardous Materials
Disclosure is required to be filed with the San Diego County
Department of Health and copies provided to the Fire
Department.
A sump or pit is required to prevent hazardous
contaminants from entering the storm drain system.
ls or
A fire p
provided as
system for occupancy separation shall be
y.
Resolution No. P-90-75
Page 9
State of
ATTEST:
and ADOPTED by the City Council of the City of Powa¥,
this 2nd day of October, 1990.
Don Higgin, ~]
yor
] or~' h en, City Clerk
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, doe
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-~-75 , was duly adopted ~y. the City Council
at a meeting of said City Council held on the~d day of
0ctober , 1990, and that it was so adopted by the following
vote:
AYES: BRANNON, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
NONE
ABSENT: EMERY
Marjorie K. Wahlsten, City Clerk
City of Poway
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