Res P-91-08NO. P- 91-08
A OF THE CITY COUNCIL
OF THE CITY OF POWAY, CA
USE PERMIT 90-18
PARCEL NUMBER 317-472-19
Conditional Use Permit 90-18, submitted by Duane
Pudgil/Rancho Towing, applicant, requests approval to locate a
16,140 square foot vehicle storage yard on APN 317-472-19 on Quate
Court in the CG ( l General) zone; and
on January 29, 1991, the City Council held a duly
advertised public hearing to solicit comments from the public, both
pro and con, relative to this application.
NOW, the City Council does hereby resolve as
follows:
The City Council finds that this project will not have
significant adverse impact on the t and hereby
issues a Negative Declaration with mitigation
Sectic :
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 y
to a Jacent uses, , bu ld ngs
structures, or natural , in that the propose
use is a moderately sized vehicle storage yard which wil
be enclosed and screened· The use abuts the parking an
storage areas for several of the adjacent
uses.
That the harmony in scale, bulk, coverage, and density is
consistent with adjacent uses, in that no structures are
p oposed and this commercial use is compatible with
a jacent 1 uses which include I and
o fice uses and a mini storage yard. The use will be
v sually screened from the adjacent open space and
1 uses.
That there are available public facilities, , and
utilities for the proposed parking lot.
Resolution No. P-91-08
Page 2
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that the proposed
vehicle storage yard will upgrade the blighted condition
of this developed site.
T at the generation of traffic will not adversely impact
t e surrounding streets and/or the City's Circulation
E ement, in that the vehicles with the project
w 11 be contained within the site.
That the site is suitable for the type and i tensity of
use or development which is proposed, in that he General
Plan and Zoning Development Code allows owing and
storage yards in the CG zone with a condi ional use
permit. In addition, the use will be located adjacent to
compatible uses, namely, a mini storage use and the
offices for another vehicle towing company.
That there will not be significant harmful effects upon
kal quality and natural in that the
site had been previously developed as a storage yard.
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 because this property has been designated for
general 1 uses.
Section Decision:
The City Council hereby approves Conditional Use Permit 90-18
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.
2. The Planning Services Department shall conduct a annual
review of the use to i sure compliance w h the
conditions of approval and o address hat may
have occurred during the pas year. If the permi is ot
in compliance with the co itions of approval, or he
Planning Servi es Departmen has received complaints, he
required annua review shal be set for a public hear ng
before the Ci y Council, o modification or
revocation of he use permi
SITE
1.
Resolution No. P-91-08
Page 3
The use ly 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 recreational uses.
SHALL T~E OF
WIT~THE
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
conditions contained herein.
Appr val of this request shall not waive compliance with all
sect ons of the Zoning Development Code and all other
appl cable City in effect at the time of building
perm t i
Revised site plans incorporating all conditions of approval
shall be submitted to the Planning Department prior
to of building permits.
The site plan shall be revised to show at a solid wood fence
or d wall with a heig of six feet will be
prov ded along the southern, eastern, an northern boundaries
of t e storage area in order to screen he use. All fences
shal be kept in good repair at all times.
A y proposed trash receptacles shall be enclosed by a six foot
h gh masonry wall with view-obstructing gates pursuant to City
s andards. Location shall be subject to approval by the
Panning Department.
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 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
For a new 1 or development, or to
n existing development, the applicant shall pay deve opment
ees at the established rate. Such fees may include, t not
e limited to: Permit and Plan Checking Fees, Water an Sewer
ervice Fees. These fees shall be paid prior to grading
permit i
10.
11.
'12.
NO. P-91-08
Page 4
Emergency waste and spill collection areas shall be delineated
on the pavement to prevent vehicles from being stored in that
area.
The site plan shall be revised to reposition
section of the fence/asphalt berm detail to be
western boundary of the existing road easement.
the eastern
clear of the
A discharge control 3 of a sump or tank
with an oil inter eptor sy tem shall be provided to prevent
hazardous materi s or con aminants fr m entering the storm
drain system, e sump s all be des gned to handle peak
st runo in ad ition to he volume from an
unanticipated ve icle tank spill. T e discharge control
structure shall comply with Section 708 of the
Plumbing Code.
The vehicle storage yard shall be cleaned on a regular basis
to provide a reasonable level of pollution control and reduce
accumulation of litter, debris, traffic-generated residues,
and other pollutants. Sweeping or ~ is ~ed.
Particular attention shall be focused on maintenance of the
sump, on the removal of any accumulated materials and debris,
and to insure ponded waters in the sump do not cause odors and
13.
14.
The applicant shall prepare a Waste Management Plan showing
how oil, gas, and other waste liquids will be disposed of and
so as not to create a or hazard to the
public. This plan shall include the names and phone numbers
of emergency conta ts at the facility; list of names, phone
numbers, and repor lng requirements fo the notification of
materia incident respon ers and regulatory
agencies; list of t e frequencies or s~ edules of maintenance
and/or facility inspection activities; ist any record keeping
requirements and record maintenance procedures; and list any
y employee training and have names a d phone number of
hazardous/ ily waste haulers who can immed ately remove an'
spilled ma erials contained in the sump so he materials ma'
be dispose of in an approved manner. Th s plan shall b
submitted o and approved by the Safety Departmen
and Planning Department prior to the o
building permits.
At least once a year, the soils in the creek adjacent to, and
immediately upstream from, the site shall be tested for
contaminants to ensure that the pollution control are
operating successfully.
15.
Resolution No. P- 91-08
Page 5
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 shall be submitted to
and approved by the Public Department and Planning
Services Department prior to the issuance of building permits.
Fif een gallon trees, 20 feet on center and y shall be
ins alled and ~ along the northerly, easterly, and
sou herly exterior edge of the storage lot in a five foot wide
lan scape planter to provide a dense landscape screen.
Ail landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
Ail landscape plans and landscape development will onform to
the City of Poway Guidelines to Landscape Developmen and City
of Poway Landscape Standards, and shall be prepared y either
a licensed landscape architect or building architec .
Ail lighting used in the storage lots, fo security purposes
or similar safety related uses, shall be ow pressure sodium
and be scheduled so that light rays emitte by the fixture are
projected below the imaginary horizontal pane passing through
the lowest point of the fixture and in such a manner that the
light is directed away from streets and adjoining properties.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
SF~ALL CONTACT THE OF
CC WITH THE
Grading of the subject property shall be in 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-91-08
Page 6
The final grading plan shall be subject to review and approval
by the Planning and Engineering Services Departments and shall
be completed prior to issuance of building permit.
A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blasting. Seismic ~s shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
STREETS AND
Reciprocal acc ss and maintenance and/or agreements shall be
provided insur qg access to all parcels over private roads,
drives or par lng areas and maintenance thereof to the
satisfaction o the Director of Engineering Services.
Ail street structural shall be submitted to and
approved by the Director of Engineering
All damaged off-site public works f , including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the satisfaction of
the Department of Engineering Services.
Prior to any w rk being ~ in the public rig ,
an encroachmen permit shall be obtained from the Engineering
Services depar merit and appropriate fees paid, in addition to
any other perm ts required.
The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the date
the Certificate of Occupancy is issued, whichever occurs
later.
AND FLOOD CONTKOL
1. A drainage system capable of handling and dis osing of all
surface water ori inating within the property, d all surface
waters that may low onto the property from a jacent lands,
shall be require . Said drainage system sha 1 include any
easements and s ructures as required by the of
Engineering Services to properly handle the drainage.
2. The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance at
the date of final inspection.
3. The proposed project falls within areas indicated as subject
to flooding under the National Flood Program and is
subject to the p of that program and City
A spillage
system shal
Engineer.
secured by
Page 7
No. P- 91-08
ontainment area and petroleum product separation
be installed to the satisfaction of the City of
aid system shall be a part of the grading plan and
he grading security.
Ail proposed utilities within the project shall be
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
SF~%LL CONTACT THE
WITH THE
OF PUBLIC
Dedicate to the City as open space, that portion of the lot
southeast of the access road. Annex into LMD 86-02 at a rate
of 50 percent. (1990-91 fiscal year t = $61.81).
If at a future date the developer proposes to add a buildin
on the site, the developer shall improve the w st one-half o
Quate Court fronting the project to City tandards wit
curb, gutter, sidewalks, 1 alley an
driveways and incorporate a cul-de-sac at he south end,
offset to the east.
and
State of California, this
ATTEST:
by the City Council of the City of Poway,
29th day of January 199~.
~Q .,~ Mayor
.~.~ ~U~ ~-~ y Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
Resolution No.
Page 8
p- 91-08
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 29th day of
J~nuary , 1991, and that it was so adopted by the following
vote:
REPORT\
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE