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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