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Res P-91-17NO. p-91-17 A OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING CONDITIONAL USE PERMIT 90-14, VARIANCE 90-10, AND DEVELOPMENT REVIEW 90-15 PARCEL NUMBER 323-270-19 WHEREAS, Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15, by Jim and Robert approval of the of a 5450 square foot auto body repair shop at 14211 Garden Road; and on the on 26, 1991, the City Council held a hearing 'item. NOW, the City Council does hereby resolve as follows: Section 1: The City Coun il finds that this project will not have a significant a verse impact on the environment and hereby issues a Nega ive Declaration with mitigation as contained in t e conditions of approval. The proposed project will be with the general plan and there is a le probability that th~ project will be consistent with the proposed general plan. Conditional Use Permit 90-14 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 d trimental to a jacent uses, residents, bu ld ngs, s ructures, or natural , in that the expansion o operating capacity which the new building will supply w 11 also provide for the most up-to-date technology for sound attenuation and protection of surrounding air quality. Th t the scale, bulk, coverage, and density is consistent wi h adjacent uses, in that total lot coverage of bu ldings is well below the 40 percent. It is be ween 16 - 17 percent. That there are available public facilities, and utilities to serve the proposed use as all facilities and can be provided for through conditions of approval. Resolution No. P~l-17 Page 2 That there will not be a harmful effect upon eighborhood characteristics, in that lighting and noise mpacts will be improved as a result of construction of he proposed building in compliance with adopted City evelopment That the generation of traffic will not adversely impact the streets and/or the City's Element in tha{ a of approval will require the paym nt of Traffic Mitigation Fee of $404 as well as prov sion of off-street parking, and the future elim nation of street access from Golden Way at such time as t e adjacent property to the west is developed. That the site is suitable for the type and intensity of use and development proposed in that the site is located in the MS zone which permits the operation of auto repair when regulated by a conditional use permit. That there will not be significant harmful effects upon the tal quality and natural , in that th ndling, storage, and disposal of hazardous ma er ls will be regulated by county health standards an t e new building will be designed to reduce exterior no se to acceptable standards. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development. 90-10 That there are special circumstances applicable to the property (size, shape, topograp v, location, or surroundings), or the intended use o the property, and because of this, the strict applica ion of the Zoning Ordinance deprives the property of pr vileges enjoyed by other properties in the vicinity under identical zoning classifications. The proposed building is located approximately six feet lower than the elevation of Powa' Road at the Garden Road intersection. Because of thi grade separation the perceived height of the propose wall sign when viewed from the roadway will appear to e no greater than 20 Resolution No. P-91-17 Page 3 feet although when measured from the immediate grade within five feet of the building it will be 26 feet in height. Granting the or its odification, is y for the preservation and en oyment of a substantial opert' right possessed by ~ he property in the same cinit' and zone and denied o he property for whl h e is sought, in fha t e subject property s e on y one within the lmme late area which s bly below street grade t ereby rendering i s buildings and signing less p than Since the new building will be p over the footprint of the present one the parking area has been established by the location of the present building. Granting the or its modification, will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located, in that there is a generous front planting area separating the parking area from the roadway. The sign will be installed in conjunction with the construction of a new building and its position has been integrated into the building's design. The granting of this does not constitute a special privilege with the u on other properties in he vic nity and zone in which s ch property is situate , in hat neighboring commerc al k observe m nimal ront setbacks, and the s gn will not appear h gher han signs on neighbor ng properties. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the oning regulation g verning the parcel of property, in t at auto repair fac lities are encouraged to locate with n the MS zone in w ich this lot is located and on whic this facility has een in continuous operation for an extensive period of time. Granting the or its modification will not be incompatible with the City of Poway General Plan because of the minimal nature of the request. Resolution No. P-91-17 Page 4 SITE 1. ~w 90-15 That the proposed de'elopment is in conformance with the Poway General Plan, n that auto are allowed in the ] ervice land use designation with approval of a condi ional use permit. That the proposed development will not have an adverse health, safety, or y related impact upon adjoining properties, as noted under findings in the Conditional Use Permit section. That the roposed development is in compliance with th Zoning Or inance, in that all development standards, wit the excep ions being a from front setback an wall sign eight will be met in development o the project. The proposed development encourages the orderly and h appearance of and property within the City because the building has be n designed in an "Old W st" theme which compliments ad acent residential proper ies along Golden Way and is c nsistent with the guidel nes found in the Community Des gn Element of the Genera Plan. Council The City Council hereby approves Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15 subject to the following conditions: within 30 days of appro'al: (1) The applicant shall submit in writing that all condi ions of approval have been read and understood; and (2) ~ e property owner shall execute a on Real Prope y. SHALL CONTACT THE OF WITH THE Site shall be developed in plans on file in the Planning conditions contained herein. Revised site plans and building conditions of approval shall be Services Department prior to ' with the approved site Department and the N all to the Planning of building permits. *9. 10. 11. '12. Resolution No. P~l-17 Page 5 Appr val of this request shall not waive compliance with all sect ons of the Zoning Development Code and all other appl cable City Ordinance in effect at the time of building perm t Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. shall be subject to approval by the Planning Department. Prior to being granted final occupancy, approval herein shall be satisfaction of the Director of Planning all conditions of completed to the 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 in effect at the time of bui ding permit For a new commercial or industrial development, or addi ion to an existing development, the applicant shall pay deve o ment fees at the established rate. Such fees may include, u not be limited to: Permit and Plan Checking Fees, Water an ewer Service Fees. These fees shall be paid prior to bui ding permit i Building identi and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. No outdoor paging system shall be permitted. A six foot high view-obscuring fence shall be installed along the western side of the property and between the customer parking and auto storage portions of the parking lot so as to y screen dama9 Access to Golden Way shall be relinquished at such time as the City deems y for the development of the adjacent lot to the west. An eight foot masonry wall shall be constructed along the southern property line. A five foot wide planter shall be installed adjacent to the wall with 15 gallon trees planted 20 feet on center. 13. Ail utilities serving the new building shall be underground. 14. Resolution No. p-91-17 Page 6 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. AND ACCESS Parking lot lights shall be low pressure sodium and have a height of 18 feet from the grade of the parking surface and be directed away from all property lines, adjacent streets and residences. Ail two-way traffic aisles shall be a of 25 feet wide and emergency access shall be provided, maintained free and clear, a of 24 feet wide at all times during construction in accordance with Safety Services Department requ Ail parking spaces shall be double striped. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department prior to the 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 this approval. At the completion of construction, and prior to occupancy, interior and exterior CNEL shall be determined by field testing at developer's expense. SHALL THE OF WITH THE Grading of the subject property shall be in accordance with the Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. Resolution No. P-91-17 Page 7 A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of grading plan. The final grading plan shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to of building permit. A pre-blast survey of surrounding property shall be ~ to the satisfaction of the City Engineer prior to any rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at and levels approved by the City Engineer. STREETS AND Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels using private drives and maintenance thereof to the satisfaction of the Director of Engineering S Ail street and/or parking lot shall be submitted to and approved by the Director of Engineering Services. Ail damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to final inspection to the satisfaction of the Department of Engineering Prior to any w rk being performed in the public right-of-way, an encroachmen permit shall be obtained from the Engineering depar ment and appropriate fees paid, in addition to any other perm ts required. *5. The developer shall pay the Traffic Mitigation Fee of $404 prior to building permit AND FLOOD CON'r~OL The Master Plan of Drainage Fee shall be aid at the established rte in accordance with the Draina e Ordinance prior to bull lng permit i Credit will e given for any drainage ees paid to the County or City wit earlier approvals. S nce no records are available from the County, it is the appl cants responsibility to provide evidence of payment of such fees if any were paid. Resolution No. P-91-17 Page 8 *5. 6. 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. Locate sewer service lateral and place property line cleanout. SHALL CONTACT THE WITH THE OF SAFETY SERVICES 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 Minimum size of building numbers is six inches on facade of building. Ail d in excess of 150 feet shall be with approved The subject building will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central ~ agency. A system post indicator valve with tamper switch, also monitored, is to be located by the City Fire Marshal prior to installation. The installation of one on-site fire hydrant is required. The location of the hydrant has been determined by the City Fire Marshal to be at the northwest corner of the property. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. An Emergency Contingency Disclosure is required to Diego Department of Health Department. Plan and Hazardous Materials be filed with the County of San and copies provided to the Fire Prior to delivery f comb stible building on site, water and sewer sys ems sha 1 sat' ly pass all required tests and be connec ed to t e public water and sewer systems. In addition, the f rst lit of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 8. Designated fire lanes shall be provided with appropriate signs and curb marking as determined by the Department of Safety Resolution No. P-91-17 Page 9 A "Knox Box" security system shall be provided for building. Additional Knox padlock shall be provided for the sprinkler system post indicator valve. *10. Ail painting operations shall be conducted only within an approved paint spray booth. and by the City Counci~ of the City of Poway, State of California, this 26th day of Febru ry 991. ATTEST: Marj orie ',K. STATE OF ) ) COUNTY OF SAN DIEGO ) SS. 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-91-17 , was duly adopted by the City Council at a meeting of said City Council held on the 26th day of__ · 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MC INTYRE, SNESKO, GOLDSMITH NOES: NONE NONE ABSENT: NONE REPORT\CUP9014.RES Marj orie y ~ City of Poway