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