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Res P-91-01NO. P-91-01 A OF THE CITY COUNCIL OF THE CITY OF POWAY, USE PERMIT 89-07 PARCEL NUMBER 317-151-40 Conditional Use Permit 89-07, submitted by Joe Silva, applicant, requests approval of the expansion of the snack shop at 12365 Poway Road; and on January 8, 1991, the City Council held a hearing on the above-referenced item. NOW, the City Council does hereby resolve as follows: Section 1: tal : The City Council finds that this project will not have a significant adverse impact on the t and hereby issues a Negative Declaration with mitigation as ~ in the of approval and with an asterisk. The proposed project will be consistent with the existing general plan and there is a reasonable probability that the project will be consistent with the proposed general plan. 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, residents, bu ld ngs, structures, or na ural in that the service station is an established existing use which has successfully operated on site for more than ten years. That the scale, bulk, coverage, and density is t with adjacent uses, in that all development standa ds of the Zoning Development Code are met. The projec will meet the applicable property development standar s for off-street parking, setbacks, lot coverage, and bu lding height. That there are available public facilities, services, and utilities to serve the proposed use as all facilities and can be provided for through the conditions of approval. Resolution No. P-91-01 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics, in that lighting, signing, and architectural design shall be regulated through the review process. That the generation of traffic will not adversely impact the surroundi stree s and/or the City's Circulation Element in fha a cond tion of approval will require the payment of Tra fic Mit gation Fees, as well as p of required o f-stree parking and elimination of one driveway cut. That the site is suitable for the type and of use and development proposed in that the site is located in a CG 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 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. 10. hat the impacts, as described above, and the location of he proposed use will not adversely affect the City of oway General Plan for future as well as present evelopment. Section 3 ~ Decision: The City Council hereby approves Conditional Use Permit 89-07 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 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. SHALL CONTACT THE OF WITH THE Resolution No. P- 91-01 Page 3 SITE Site shall be developed in accordance with the approved site plans on file in the Planning and the contained herein. Revised site plans incorporating all conditions of approval shall be submitted to the Planning Services Department prior to of building permits. Appr val of this request shall not waive compliance with all of the zoning Development Code and all other appl cable City Ordinances in effect at the time of building perm t i Prior to any use of the project site or business activity being ] thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning 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 i 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. A detailed landscape and irrigation plan for those areas shown as modified by this project shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. SHALL THE OF __ S CC WITH T~E FOLLOWING Resolution No. P- 91-01 Page 4 GRADING * A g report shall be prepared by a qualified engineering geologist as well as a monitoring and recovery program acceptable to State and County regulatory agencies for the long term clean up solution to soil and water contamination originating on this site. STREETS AND *1. The easterly driveway along Poway Road that is proposed to be closed shall be replaced with concrete curb, gutter, and sidewalk per City Standards. Ail damaged off-site public works facilities shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Prior to any work being performed in the public right-of-way, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. The completion thereof shall be done prior to issuance of a certificate of occupancy. *4. The developer shall pay the Traffic Mitigation Fee at the rate prior to building permit AND FLOOD Concentrated flows across driveways and/or be permitted. shall not Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. SHALL THE OF SAFETY WITH T~E Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. The buildings shall display their numeric address in a manner visible from the access street. Building addresses shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. Minimum size of building numbers is 18 inches on facade of building. No. P-91-01 Page 5 Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. An Contingency Plan and Hazardous Disclosure is required to be filed with the County of San Diego Department of Health and copies provided to the Fire Department. A Knox Box security system shall be provided meeting Department of Safety Services requirements. GENa~AL RE AND Permits from San Diego County will be required. tal Health An annual review by the City Council shall be required for a period of five years in order to determine that compliance with these have been and to be met. After five years, Section 17.48.140 of the Municipal Code shall apply with annual review by the Director of Planning If the permit is not in compliance with the conditions or approval or complaints are received, a public hearing would be set before the City Council At least one shall be kept clean and in good repair and shall be permanently available for public use. To the extent feasible, this restroom shall be modified to meet req 'ts for handicap access and use. The owners and operators of the project shall comply with all orders and requirements of regulatory agencies ~ any hazardous materials cont involving this site· and State of California, this ATTEST: by the City Council of the City of Poway, 8th day of Januar~ 1991.f [a GO~d i Mayor Marjor wahlsten, City Clerk STATE OF ) ) SS. COUNTY OF SAN DIEGO ) Page 6 No. P- 91-01 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-91-01 , was duly adopted by the City Council at a meeting of said City Council held on the Rth day of__ January , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINS0N, NOES: NONE NONE ABSENT: NONE SNESKO, GOLDSMITH MarJorie City of~Poway ;rk · RES