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Res P-90-95NO. p-90-95 A OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ~ C USE PERMIT 88-02R(II) PARCEL NUMBER 31' , 27 Conditional Use Permit 88-02R (II, submitted by Anthony Bothoff, Applicant, D'Agosta Development Inc., Owner, requests approval to modi-' the previously approved plans for an auto center by adding a r~ air facility to a building originally approved for retail use on roperty located at 13508 Pomerado Road in the CG ( 1 Gene al) zone; and on December 18, 1990, the City Council held a hearing on the above-referenced item NOW, the City Council does hereby resolve as follows: Section 1: :: The City Council finds that the original Negative with mitigation for the underlying project adequately addressed all potential impacts of the proposed use. Section 2: Fin, : The proposed project w 11 be consistent with the existing general plan which esignates this site for general commercial uses and here is a reasonable probability that the project wil be consistent with the proposed general plan. T at the size, design, and operating c racteristics of the proposed use will be compatible w h adjacent uses, in that the prop sed auto center a oins other 1 uses on two s des and where it a oins residential uses, the condit ons of approval require construction of an eight foot lock wall buffer to separate the two uses. A oise analysis prepared for the project concluded that t would not raise ambient noise levels more than five ecibels which is permitted by current standar s. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the proposed auto facility is to be located in an existing building. That there are available public facilities, , and utilities, in that sewer and water service is available for the project. Resolution No. P-90-95 Page 2 There will be no armful effect upon desirable neighborhood character stics as the project's activities will be buffered from a jacent k and residences, by walls, an landscaping. That the generation of traff c will not adversely impact the surrounding streets an /or the City's Element; in that the C rculation Element assumed Commercial General use on his site and the levels of traffic generated by this project will not exceed levels normally expected of 1 development. That the site is suitable for the type and intensity of use or development which is proposed in that the proposed business is to be located inside an existing building and parking facilities are adequate. That there will not be signi icant harmful e fects upon ~al quality and n ural - that the site does not contain sign icant natura ~atures or due to previous sturbance an o the fact that it is surrounded by exis lng , industrial, and residential development on all sides. That there are no other relevant negative impacts of the proposed use that cannot be mitigated because the conditions of approval include mitigation which address all potential adverse impacts. 10. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of oway General Plan for future as well as present evelopment; in that the General Plan designates the site or use and adjacent land has already been lly developed. Section 3: Cit, ~ion: The City Council hereby approves Conditional Use Permit 88-02R (II) 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 property owner shall execute a Covenant on Real Property. The applicant shall comply with all of the conditions of approval contained in the attached City Council Resolutions P-88-68 and P-88-121. Resolution No. P~0-95 Page 3 Building "A" shall be modified to meet Uniform Buildin Code and Fire Code requirements for the H-4 occupanc including a one hour rated fire resistive occupa c' an wall complying with Section 1 0 of the Uniform Building Code and modif to he fire sprinkler system as rqeuired by the Fire Marsha This conditional use permit modification shall expire on 18, 1992 unless final occupancy and a business certificate are approved prior to that date. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. The conditional use permit shal be subject to annual review by the Director of lannin Services for compliance with the conditions o approv 1 and to address that ma' have occurred uring t e past year. If the permit is n t in compliance with t e conditions of approval, or i the Planning Department has received compla -ts, the required annual review shall be set for a publ hearing before the City Council, to consider modification or revocation of the use permit. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 18th day of December 19~. ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF ) ) SS. COUNTY OF SAN DIEGO ) Resolution No. Page 4 P-90-95 I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of__ December 1990, and that it was so adopted by the following ~ )t AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, NOES: NONE NONE ABSENT: NONE K. Wahlsten, City Clerk City Qf Poway REPORT\