Res P-92-01RESOLUTION NO. P-92-01
A OF THE CIT O CIL
OF THE ITY OF POWAY,
USE E MI 91-10
AND REVIE 1- 6
PARCEL NUMBER 323-261-29, 30
Conditional Use Permit 91-10, submitted by Richardson
applica t, for the purpose of establishing a new car sales
dealership at 13 11 Poway Road, at the southwest corner of Poway
Road and Vista V ew Drive, regularly came before the City Council
on January 7, 19 2; and
the Director of Planning Services has
approval of the project subject to all conditions set forth in the
staff report; and
the City Council has read and considered said report
and has considered other evidence presented at the public hearing.
NOW, the City Council does hereby resolve as
follows:
Section 1: Fin~ :
The City Council finds that the previously certified Negative
Declaration for the disposition and development agreement
adequately the potential impacts of
the proposed development.
The proposed project will be consistent with the general
plan; in that the Commercial General zone permits auto
dealerships as a conditional use.
That the location, size, design, and o erati~g
characteristics of the propo ed use will be co patib e
with adjacent uses; in that t e hours of operat on wi 1
be regulated, use of amplifie sound will be pro ibite ,
and ~ with walls, and andscaping, and regulating
of lighting, will be utilized to prevent adverse impacts
on surrounding neighbors.
That the harmony in scale, bulk, coverage, and density is
onsistent with the adjacent uses; in that the dealership
uilding will be of similar height to the motel next
oor, and is consistent with other buildings
n the immediate area.
That there are available public facilities,
utilities; in that public sewer and water
available for the project.
· and
service are
Resolution No. P-92-01
Page 2
That there will be no harmful effect u on
neighborhood charact in that stree and drainage
improvements will be made to a private roa , (vista view
Drive) as a result of the construction o this project
and that the operation of the dealership will be
regulated as outlined in Finding No. 2.
That the eneration of traffic will not adversely im act
the surrolnding streets and/or the City's Circula ion
Element; .- that sufficient off-street parking wil be
provided vr dealership and employees, a ong
with the payment of traffic mitigation fees, and street
improvements on vista view Drive.
That the site is uitable for the type and intensity of
use of developmen which is proposed, in that the size
and topography of he site will accommodate the proposed
development withou the need for grading.
That there will n t be significant harmful effects upon
tal qu ity and natural in that the
site does not co ain any natural features or
due to previous isturbance. In addition, mitigation
are requ red which will prevent discharges of
any noxious flui s or vapors into the environment.
Lighting will be regulated. Amplified sound will be
prohibited, and a noise attenuation wall will be placed
at the rear of the property.
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated because the
conditions of approval include mitigation which
address all known potential adverse impacts.
10.
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; in that the General Plan designates the site
for I use and adjacent 1 land has
already either been fully developed or is in the process
of being redeveloped.
Section 3: Ci~
The City Council hereby approves Conditional Use Permit 91-10
and Development Review 91-26 subject to the following
conditions. All conditions preceded by an asterisk have ben
determined to be tal mitigation requirements.
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.
SITE
1.
*6.
*7.
Resolution No. P-92-01
Page 3
The use 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 uses.
SHALL CONTACT THE OF
WITH THE
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
herein.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance 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 Ordinance in effect at the time of building
perm t i
Trash receptacle shall be enclosed by a six foot high
decorative masonry wall with view-obstructing gates pursuant
to City standards. Location and materials shall be subject to
approval by the Planning Department.
Ail roof appurt including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
If etal halide lights are used, they shall be
equi ped wit an automatic timing device whic turns the
ligh s off a 11:00 p.m. Onl low pressure so ium lights
may e insta led in outdoor a eas other than t e sales
disp ay area. T e lighting p an for the car s orage/
s rv ce area sha 1 be designe in such a manner that the
1 gh s are direc ed away from and do not shine upon the
a jacent residen ially zoned properties. In addition,
1 ghts shall not be located on the sides of the building
so as to spill light on or light impact on those
properties. Light standards shall be no taller than 18
feet.
A decorative concrete bloc' wall matching the material of the
main building, eight feet n height from highest grade of
the site's property line s all be constructed and maintained
at the location shown on t e site plan.
*8. Outdoor speakers are prohibited. A substitute paging system
shall be approved by the Director of Planning Services.
10.
11.
12.
'13.
'14.
Resolution No. P-92-01
Page 4
The Planning Department shall conduct an annual
review of this permit for compliance with the conditions of
approval or to address problems with the operation of the
use.
Inoperable vehicles shall not be stored on the site.
Prior to any use of the project site or business
being thereof, all conditions of approval
herein shall be completed to the of the
of Planning Services.
activity
The applicant shall comply with the latest adopted
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
The required landscaped planter separating the commercial from
residential land use may be installed along the south side of
the noise attenuation wall, rather than inside the wall,
thereby enhancing the appearance of the wall and dealership to
surrounding neighbors.
For a new commercial development, the applicant shall pay
develo ent fees at the established rate. The following fees,
includ ng but not limit d to, traffic mitigation, drainage,
water ase capacity, wa er service fees, sewer cleanout and
inspec ion fees, street ight energy charge and reimk t
agreement fees shall e paid prior to building permit
'15.
'16 .
17.
Permit and plan check fees shall be paid upon submittal of
imp and grading plans as app
At the completion of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field
testing at developer's expense. Tests to be conducted by a
reco nized acoustical expert and shall concentrate on
inte ittent mechanical noise generated by the service
func on. No occupancy permits shall be granted until
Cond ion G-7 of the Building Code (latest adopted edition)
"Soun Transmission Control" is met.
Working drawings shall include a cert by a recognized
acoustical expert that the requirements of the City of Poway's
noise ordinance will be met.
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.
Resolution No. P-92-01
Page 5
AND ACCESS
Ail customer and em' loyee p rking lot landscaping shall
contain a of ne 15 ga lon size tree for every three
spaces. For parking o islan s, a 12 inch wide walk
adjacent to parking s als sha 1 be provided and be separated
from vehicular areas y a six inch high, six inch wide
portland concrete cemen curbing.
Parking lot lights shall be low pressure sodium and have a
maximum height of 18 feet from the finished 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 minimum of 24 feet wide at all times during
construction in accordance with Safety Services Department
Ail customer and employee parking spaces shall be double
striped and shall be a minimum dimension of 8.5 feet in width
and 18.5 feet in depth.
A detailed landscape and irrigation plan shall be submitted to
and approved by the Planning Department prior to the
issuance of building permits.
Master Plan of the existing on-site trees shall be provided
o the Planning Services Department prior to the of
ilding permits and prior to grading, to determine which
rees shall be retained.
Existing on-site trees shall be retained wherever possible nd
shall be trimmed and/or topped. Dead, decaying or potentia ly
dangerous trees shall be approved for removal at he
discretion of the Planning Department during he
review of the Master Plan of existing on-site trees. Those
trees which are approved for removal shall be on a
tree-for-tree basis as required by the Planning Services
Department.
Street trees, a of 15 gallon size or larger, shall be
installed in accordance with the City of Poway ordinance and
shall be planted at an average of every 30 feet along on Vista
View Drive and 20 feet on center along Poway Road.
Ail landscaped areas shall be designed for drought tolerance
and maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
Resolution No. P-92-01
Page 6
SIGNS
Any signs proposed for this project shall be designed and
approved in conformance with the City of Poway Sign Ordinance.
The applicant hall provide verification of State Board of
Equ no ification and that appropriate reviews and/or
approvals have een accomplished to the of the
Director of Adm nistrative Services.
SHALL CONTACT THE
WITH THE
OF
Grading of the subject property shall be in accordance 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 I of grading plan.
A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
The monitoring well installed to perform g
sampling shall be removed per San Diego County Department
of Health Services standards prior to t of
grading.
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 recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
A final compaction report for the entire site shall be
submitted and approved prior to issuance of building permits.
All new slopes shall be a minimum of 2:1 (horizontal to
vertical).
If pad elevation
from that approved on the
will be required.
by greater than two feet in height
site plan, City Council approval
Resolution No. P-92-01
Page 7
10.
Use of fill is
p Rock disposal areas shall be graded in compliance
with City-approved soils investigations and ~ations
and grading plans.
11.
Erosion but not limited to
basins, shall be installed. The developer
provisions to insure the proper maintenance of
control devices throughout their intended life.
shall make
all erosion
STREETS AND
vista vew Drive shall be improved to local urban collector
sta dar s ~ concrete cur , tter, and sidewalk, 21
fee h paving plus a 10 oo northbound lane, to the
sou er boundary of Parcel 3. 3 foot radius cul-de-sac
sha be installed at the norther oundary of Parcel 3. A
rein orced storm drain adequate convey a 100-year storm
shal be installed across Vista V ew Drive at the existing
crossing area and Parcel 3 shal be graded for adequate
drainage of the water from this structure.
A water main shall be nstalled in vista View Drive to the
southerly boundary of arcel 3 and on-site as required to
provide adequate fire f ow. All present off-site water met rs
on Vista View Drive s all be relocated to the propert es
served or the new terminus of the water main. Private wa er
lines shall be re-plumbed to connect to the new water me er
locations.
Driveways to the development shall be installed as alley-
return type driveways with handicapped ramps. The driveway on
Poway Road shall be provided with a deceleration taper 50 feet
long and five feet wide at the entrance.
If the buildinG crosses a property line, the applicant's
engineer shall process a merger and pay appropriate fees.
Ail interior and exterior public streets shall be
to public street standards.
ted
Street striping and signinG shall be installed to the
satisfaction of the Director of Engineering Services.
Ail street structural shall be
approved by the Director of Engineering
to and
Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Plan check and
inspection expenses shall be paid by the developer.
10.
11.
12.
13.
*1.
*2.
*3.
*4.
5.
Resolution No. p-92-01
Page 8
Ail street imp shall be prior to
of a certificate of occupancy, to the satisfaction of
the Director of Engineering Services.
Ail damaged off-site public works facilities, 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 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.
The developer shall pay a pro-rata share of the cost of a
City approved landscaped median along the project frontage in
the amount of $7,891.69 prior to building permit i
The developer shall acquire an encroachment permit for any
private imp placed within the public right-of-way.
AND FLOOD CON'£KOL
Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
A portion of the proposed project falls within areas indicated
as subject to flooding under the National Flood
Program and is subject to the provisions of that program and
City Ordinance.
A drainage system capable of handling and disposing of all
surface water ori inating within the property, and all surface
waters that may low onto the property from adjacent lands,
shall be require Said drainage system shall include any
easements and s ructures as required by the Director of
Engineering Services to properly handle the drainage.
Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
Concentrated flows across driveways and/or sidewalks shall not
be p
Ail proposed
underground.
within the project shall be installed
2. utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Resolution No. P-92-01
Page 9
The developer shall be for the and
undergrounding of existing public utilities as required.
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.
The applicant shall pay for a water system analysis to
establish the proper size and location for the public water
system. The amount shall be paid with first plan check
submittal.
The applicant shall, within 30 days after ~ ap rova
of the conditional use permit, a ply or a Lett r o
Availability (LOA) to reserve sewera e ava lability an pos
with the City, a ee equal to 0% o
the appropriate sewerage ee in effect at the time
the LOA is issued.
Developer shall construct a public light system ~ one
light at the Vista View Drive/ Poway Road and one
at the Vista View Drive cul-de-sac, conforming to City of
Poway standards at no cost to the public, subject to the
following:
ae
Cut-off luminaries shall be installed which will provide
true 90 degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or
light emitting refractor or device.
All fixtures shall use a clear, low pressure sodium vapor
light source.
Advance energy charges and District engineering charges
shall be paid by the developer.
Annexation to the lighting district shall be accomplished
and evidence of annexation shall be accomplished at the
time of final inspection or Certificate of Occupancy,
occurs later.
Cable television services shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
Ail public utility lines (ie. water, sewer, drainage) not
located within public streets shall have an improved access
over and along the respective easement, the surfacing and
width of which shall be acceptable to the City Engineer.
*10.
An on-site reclaimed water dual piping system shall be sized
and installed for landscaping and irrigation to the
satisfaction of the City Engineer.
Resolution No. P- 92-01
Page 10
The car washing for this project shall use a
reclaimed water system to the satisfaction of the City
Engineer.
,12. Upon completion of const
13.
14.
the
shall submit
an Industrial User Discharge Permit App to the City of
San Diego, Water Utilities Department, Industrial Waste
Program. Plans for a clarifier system designed to intercept
waste liquids from service department activities shall be
submitted and approved by the Poway Building Department and
the City Engineer prior to building permit
Prior to occupancy, a Notice of Intention to form Landscape
and/or Lighting Districts shall be filed with the City
Council. The engineering costs involved in district f
shall be borne by the developer.
Prior to building permit
made and easements granted.
all dedications shall be
SHALL CONTACT THE
WITH THE
OF SAm'~'r Y
Roof covering shall be fire retardant as per UBC Section
3203(e) and City of Poway Ordinance No. 64.
The building shall display its numeric address in a a ner
visible from the access street. Minimum size of the bu 1 lng
numbers shall be 6 inches on the front facade of the bu~ d ng.
Building address shall also be displayed on the roo n a
manner satisfactory to the Director of Safety
Every building hereafter constructed shall be acces ible to
Fire Department apparatus by way of access roadways w th all-
weather driving surface of not less than 20 eet of
~ width, with adequate roadway turning ra lus
cap ble to supporting the i posed loads of fire apparatus
hay -g a minimum of 13'6'' o vertical cl The road
sur ~ce type shall be approve by the City Engineer, pursuant
to he City of Poway Municipa code.
Two new on-site fire hydrants are required. The location of
the hydrants shall be d ~ b the City Fire Marshal.
Approximate locations will be the northwest driveway entrance
at Poway Road and the east driveway entrance at vista view
Road.
An approved fire sprinkler system will be required to be
installed within the building. The entire system is to be
monitored by a central monitoring agency. A system post
indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior to installation.
Resolution No. P-9~o01
Page 11
A 'Knox' Key Box shall be for the
at a de~ermined by the City Fire Marshal. A 'Knox'
padlock shall be required for the fire sprinkler system Post
Indicator Valve.
Fire access for use of fire
shall be provided to the immediate Job construction site at
the start of construction and maintained at all times until
construction is completed.
~ access roadways for fire apparatus shall be
designated as 'Fire Lanes' with appropriate signs and curb
markings.
*9. Material Safety Data Sheets shall be required for all
hazardous and/or toxic substances used in each building.
· 10.
An Emergency Contingency Plan and Materials
Disclosure is required to be filed with the County of San
Diego Department of Health and copies provided to the Fire
Department.
11.
Prior to delivery f com- stible building material on site,
water and sewer sys ems sha 1 satisfactorily 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.
-12. N.F.P.A. Standard 704 Hazardous Materials labeling shall be
provided as f throughout %he building.
1. Permits will be required from:
a. San Diego County Health Services - HMMD
b. San Diego City Water Utilities Department
Prior to recordation, a Notice of Intention to form landscape
and/or lighting districts shall be filed with the City
Council. The engineering costs involved in district formation
shall be borne by the developer.
NO test drivi g of vehicles for any purpose, including in
connection wit sales demonstration or with service or repair,
may be done us ng the private road portion of Vista view Drive
south of the ealership.
State of
ATTEST:
and
Resolution No. P- 92-01
Page 12
by the City Council of the City of Poway,
of January, 191 2.
this 7th day _~>~ ~
~~ ~an\(~'~'~ Ii , May~r
~sten, City Clerk
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-92-01 , was duly adopted by the City Council
at a meeting of said City Council held on the 7th day of
January , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
· Wahlsten, City Clerk
way