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Res P-03-35RESOLUTION NO. P-03-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT 86-01M AND REVISION TO DEVELOPMENT REVIEW 86-01R(2) FOR THE ADDITION OF A SELF-SERVE CAR WASH APN: 317-473-13 WHEREAS, on April 1,1986, the City Council approved Conditional Use Permit 86- 01 and Development Review 86-01 to conver~ a gas and ' :ion l store and self-serve gas station at the property located at 13341 Poway Road pursuant to Resolution No. P-86-18; and WHEREAS, on May 30, 2003, staff approved a Revision to Development Review 86-01R to extend the existing parapet of th add stucco texture, and change the color of the existing building and canopy' lh converting the trade affiliation from Texaco to Shell; and WHEREAS, applications for a Modification to Conditional Use Permit 86-01 M and a second Revision to Development Review 86-01R(2)were submitted by Gabriel Ho, applicant and owner, to add a 744-square-foot, sell 3 and a 230-square-foot storage facility to the existing gas station located at 13341 Poway Road within the Town Center (TC) zone of the Poway Road Specific Plan Area, and WHEREAS, on June 24, 2003, the City Council held a duly advertised public headng to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that this project is Categorically Exempt from the California E Iai Quality Act as a Class 32, pursuant to Section 15332 of the CEQA Guidelines, because the project involves th ~ a car wash with' 3 gas stat' Jed by development. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for the modification to Conditional Use Permit 86-01 to add a 744-square-foot, self~ 3 and a 230-square-foot storage facility to the existing gas station located at 13341 Poway Road within the Town Center (TC) zone of the Poway Road Specific Plan Area, are made as follows: The location, size, design, and operating ch :the proposed self-serve car wash is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the purpose of the Poway Road Specific Plan, the TC zone, the City General Plan, and the development policies and standards of the City in that sell 3es are allowed with a Resolution No. P-03-35 Page 2 Conditional Use Permit, the project will not significantly impact traffic circulation or parking and will facilitate the consolidation of two driveways off of Poway Road, and the facility has been designed and sited such that it will be compatible with the surrounding development. The location, size, design, and operation characteristics of the proposed self-serve car wash will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, st :ural that the facility will be located within an existing parking lot, has been designed and sited such that it will provide adequate queuing spaces without affecting of the parking lot, and noise reduction features will be incorporated in the carwash to ensure that noise limits at the property line meet those established by the Poway Zoning Code. The proposed car wash addition is in harmony with the scale, bulk, coverage, and density of, and ' I with, adjacent uses in that the design of the proposed facility ' l and complimentary to surrounding buildings. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed car wash. There will not be a harmful effect upon the desirable surrounding property characteristics in that the design of the proposed facility will b l and complimentary to buildings within the surrounding shopping center, and design : the Poway Road Specific Plan have been incorporated. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets in that gas stations with car washes generate less traffic than gas stations without car washes according to SANDAG trip generation schedules, and in that the proposed use provides on-site parking as required by the zoning code requirements. The applicant is required to participate in the ful 'lation of two driveways off of Poway Road along the frontage of the subject property and adjacent I with the goals and objectives of the Poway Road Specific Plan. The site is suitable for the type and intensity of use and development which is proposed in that the proposed project is located along Poway Road 'terial, and within an existing developed shopping center. There will not be significant harmful effects Ul; Iai quality and natural in that the proposed self-serve car wash is located on a previously developed property, and does not involve the removal of natural habitat The car wash will incorl: :lucing d -I fly, dated April Resolution No. P-03-35 Page 3 28, 2003, prepared by Richard Colia demonstrates that the proposed car wash will comply with Poway' :lard for C development. Th I negative imf wash that cannot be mitigated. :ed with the proposed sell That the potential impacts, and the proposed location, size, design, and operating ch :the proposed project will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the self-serve car wash has been designed and sited such that noise standards established by the Poway Zoning Code are met, that no visual impacts will result, and the overall site development will I; 31iance with design standards of the Poway Road Specific Plan. The proposed sell ~ will comply with ail the applicable p ' ' : Chapter 17.48 of the Poway Municipal Code in that the facility has been designed and sited such that it will not result in visual impacts. Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code, for Development Review 86-01R(2) to add a 744-square-foot, sell" 3 and a 230-square-foot storage facility to the existing gas station located at 13341 Poway Road within the Town Center (TC) zone of the Poway Road Specific Plan Area, are made as follows: The proposed project is an expansion of an existing gas station to include a self- serve car wash, which will not adversely affect the existing parking of the establishment. The proposed addition will be built on a previously disturbed site that is currently paved. The proposed addition will incorporate design elements consistent with the Poway Road Specific Plan. Therefore, the project respects the interdependence of land :l aesthetics to the benefit of the City. The car wash and storage facility addition will incorporate stucco and earth tone I with the recently approved remodel of the gas station. The design is consistent with the guidelines of the Poway Road Specific Plan and the architecture of the existing retail building to the east. Therefore, the proposed use does not conflict with the ordedy and h appearance of and property within the City, along with associated facilities, such as, but not limited to, signs, landscaping, parking areas, and streets. Public facilit' :l utilil' 31e. The proposed addition will not affect parking availability of the surrounding shopping center. Adequate parking consistent with the Zoning Code req will be provided. The car wash provides adequate queuing spaces without affecting circulation of the parking lot. ._ Resolution No. P-03-35 Page 4 Therefore, the proposed project does not detract from th :the public health, safety and general welfare, and property throughout the City. The car wash and storage facility addition is designed 1 ' ' impacts by being situated away from Poway Road. The design, colors, and material are consistent with and compliment the surrounding development. The proposed development respects the public concerns for the aesthetics of developments. The proposed project will meet the required design regulations, and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an ad :hetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. The proposed project will complywith all of the p ' ' and the General Plan. :the Zoning Ordinance, Section 4: The City Council hereby approves CUP 86-01M and DR 86-01R(2) to add a 744-square-foot, sell 3 and a 230-square-foot storage facility to the existing gas station located at 13341 Poway Road within the Town Center (TC) zone and the Poway Road Specific Plan Area, as shown on the plans dated April 9, 2003, subject to the following conditions: Approval of this CUP/DR request shall apply only to the subject project and shall not 31lance with all : the Zoning Ordinance and all other applicable City ord' ~ect at the time of Building Permit' issuance. B= Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) the property owners shall execute a Covenant on Real Property. The use conditionally granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of surrounding uses. The conditions of CUP 86-01M and DR 86-01R(2) shall ' ' ~:ect for the life of the subject gas station and associated sell 3, and shall run with the land and be binding upon ful heirs, and 1 ~ :the current property owner. CUP 86-01M, and any revision thereto, may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may have been raised during the prior year. _. Resolution No. P-03-35 Page 5 G= Conditions of approval listed in Resolutions No. P-86-18 approving CUP 86-01 and DR 86-01 shall remain in effect on the property. The applicant shall obtain a Building Permit prior to installation of the facility. Prior to ' ~ a Building Permit, the applicant shall comply with the following: The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ord' ~ect at the time of building permit issuance, including, but not limited to, the 1997 UBC and the 1999 NEC codes. The applicant shall obtain necessary permits from San Diego County E Health Department. = The building plans shall be in accordance with the approved plans dated April 9, 2003, for CUP 86-01M and DR 86-01R(2), and on file in the Development Services Department, along with the conditions contained herein. The building plans shall d that the car wash incorporates the noise reduction package as specified in th :ly, dated April 28, 2003, prepared by Richard Colia for th' ~ project. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be Iow-pressure sodium, and designed such that they reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. The building plans shall include elevations and that show all roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the sa! : the Director of Development Services. A trash recept ~)le to those waiting in the carwash queue shall be shown on the building plans and installed. The ext 3all be earth tone and consistent with the color scheme of the surrounding shopping center and major tenants to the sa1 ' : the Director of Development Services. A color and mat 31e board shall be submitted 1' :1 approval by the Planning Division. 10. 11. Resolution No. P-03-35 Page 6 Al permit shall be submitted and approved prior to removing any trees. Any approved I shall be mitigated in accordance with the City's Urban Forestry Ordinance. Complete landscap d for new landscaping shall be submitted to and approved by the Planning Division. A landscape plan check deposit is required upon submittal of the plans. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Req (latest edition) and shall also incorporate the following: a. Mitigation for approved tree removal permits. b. Sight distance to the sal the City's Traffic Engineer. c. Location and detail of parking lot lighting. d. Striping required for parking lot and th drive-through. e. Concrete paving to be installed between th property line. exit and the west The trash lall have solid gates and shall b :1 to match th 3. The trash lall not exceed 6 feet in height. Prior to obtaining a final inspection on the Building Permits and/or release of perf ~1 payment securities, the applicant shall comply with the following: The site shall be developed in accordance with the approved plan on file in the Development Services Department and the condit' :1 herein. A final inspection from the appropriate City Departments will be required. Landscaping, irrigation, paving, and striping shall be installed in accordance with the approved landscape plans. A noise test shall be conducted to field verify compliance with the noise study, dated April 28, 2003, conducted by Richard Colia and the standards of the Poway Zoning Code. Install a stop sign (R1) on the right side of the car wash exit, and paint "STOP" on the paving. 5. The applicant shall install fossil filters in the drainage system to the sal = :the Director of Public Works. Resolution No. P-03-35 Page 7 The applicant shall record a written agreement to provide a pro rata share of the cost for the future consolidation of the two main driveways along the Poway Road frontage of the Dixieline/Petco Center and the gas station property to the sat r :the Director of Development S ~ the City ,Attorney. The applicant shall comply with the following req Director of Safety Services: ~ toth =the Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. The building shall display th -ldress in a 31e from the access street. The building numbers shall be six inches in height and located on the front facade of the building. The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept.-,ASTREA criteria. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of :lways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to tt~e City of Poway Municipal Code. Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of and J at all times until is completed. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. Upon establishment of the sell DR 86-01R(2), the following shall apply: facility, pursuant to CUP 86-01R and All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired 31y possible so as t ' ' : dang :Ill' blight. Ail lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. Resolution No. P- 03-35 Page 8 Th site 1' 3erator of the facility shall routinely and regularly inspect the 31lance with the standards set forth in this permit. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated and permanently and fully ,1 by the owner at all 1' ;lance with the req :the City of Poway Guide to Landscape Req ' The trees shall I~ ged and allowed to :ural form. Pruning should I: ' :1 to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI ^300). Trees shall not be topped and pruning shall not than 25% of the trees' leaf surface. 5. The parking areas, driveways, and car wash lane shall be well Any signs proposed for this development shall be designed and approved in :h the Poway Municipal Code and require the approval of a separate sign permit. Section 5: The approval of CUP 86-01M and DR 86-01R(2) shall expire on June 24, 2005, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and the property in the CUP approval h -1 prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 24th day of June 2003. ATTEST: Lori~Anne Peoples, Ci k Resolution No. P-03-35 Page 9 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-03-35 , was duly adopted by the City Council at a meeting of said City Council held on the 24th day of June 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA L~o A~n:e Fe~c pies, Ci~~ City of Poway