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