Loading...
Res P-93-35RESOLUTION NO. P- 93-35 RE LU ION OF E CITY NC L T C TY OF P' AY, CAL RNA APP VT C NDITION USE PE T 3-02 AS ES ' PARCEL MBER 31 ]3 -42 WHEREAS, Conditional Use Permit 93-02 submitted by David Gillispie, applicant, requests approval to establish a feed, grain and tack outlet and western wear shop within the existing building located at 13430 Midland Road, in the CC (Commercial Community) zone; and WHEREAS, on July 13, 1993, the City Council held a hearing on the above- referenced item and solicited public comment both pro and con. NOW, THEREFORE, the City Council does hereby resolve as follows: The City Council finds that this project will not have a significant adverse impact on the t and hereby issues a negative declaration. Section 2: The proposed project will be consistent with the existing General Plan in that it is a retail ' 1 use located within a · 1 land use category. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially d 1 to adjacent uses, residences, buildings, structures, or natural in that the building already exists and houses existing ' 1 uses. o That the scale, bulk, coverage and density is t with the adjacent uses, in that the building is single-story, ~ 5,800 square feet. Surrounding two-story apartment buildings, and the adjoining Wal-Mart store are all built to a greater scale. That there are available public facilities, and utilities to serve the proposed use as all facilities and services are presently in use within the building and no change is anticipated. That there will not be harmful effect upon desirable neighborhood charact in that the upgraded facade will reflect the Old Poway western design theme and will visually enhance the entrance to the Old Poway Historic District. o That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that there is adequate off street parking provided on the subject property to accommodate potential customers, and that the driveway openings will be widened to improve their efficiency. Resolution No. P-93-35 Page 2 That the site is suitable for the type and intensity of use and development proposed in that the proposed use is similar to the scale and scope of the uses which presently occupy the building. That there will not be significant harmful effects upon the tal quality and natural because the site is already wholly developed and contains no native plants or animals. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. 10. That the impacts, as described above, and the location of the use will not adversely affect the City of Poway General Plan for future as well as present development in that the General Plan permits retail and service business to locate in the ' 1 zones. Section 3: ion: The City Council hereby approves the following conditions: 1 Use Permit 93-02 subject to 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. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained 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. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinance in effect at the time of building permit Trash receptacle shall be enclosed by a six foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. All roof ap including air cond' ' shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. Resolution No. P- 93-35 Page 3 o Prior to any use of the project site or business activity being commenced 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 Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit ' o 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. PARKING AND VEHICULAR ACCESS 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. All two-way traffic aisles shall be a minimum of 25 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 20 feet wide at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped. LANDSCAPING A detailed landscape and plan shall be submitted to and approved by the Planning ServiCes Department prior to the issuance of building permits. o A Master Planning prior to Plan of the existing on-site trees shall be provided to the Services Department prior to the issuance of building permits and grading, to determine which trees shall be retained. o Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees hall be approved for removal at the d' of the Planning Services epartment during the review of the Master Plan of existing on-site trees. hose trees which are approved for removal shall be replaced on a tree- or-tree basis as required by the Planning Services Department. Street trees, a minimum 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. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. __ Resolution No. P-93-35 Page 4 SIGNS Any signs proposed for this development shall be designed and approved in with the Sign EXISTING STRUCTURES Provide compliance with the Uniform Building Code for property line clearances considering use, area, and f' of existing buildings. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and of surrounding residential and ' 1 uses. The applicant shall provide verification of State Board of Equalization notification and that appropriate reviews and/or approvals have been accomplished to the satisfaction of the Director of Ad Services. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: STREETS AND SIDEWALKS All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Engineering Services. 2. Street improvements that include, but are not limited to: idewalks riveways heel chair ramps urb and gutter X~ oss gutter ley gutter reet paving ley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of E Services. * Midland Road Driveway opening shall be a type G-17 per the San Diego Regional Standard Drawings, with a ten foot radius curbs. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to of bonds and improvements, to the satisfaction of the Department of Engineering Services. Resolution No. P- 93-35 Page 5 Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services and fees paid, in addition to any other permits DRAINAGE AND FLOOD CONTROL Int drains will be required at locations specified by the Director of Engineering Services and in accordance with standard engineering A drainage system c pable of handling and disposing of all surface water originating within t e property, and all surface waters that may flow onto the property from ad acent lands, shall be required. Said drainage system shall include any and structures 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. 4. Concentrated flows across driveways and/or sidewalks shall not be permitted. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONOITIONS: Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display their numeric address in a manner visible from Midland Road. Minimum size of the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of a cess roadways with all-weather driving surface of not less than 20 fee of unobstructed width, with adequate roadway turning radius capable o supporting the imposed loads of fire apparatus having a minimum of 1 '6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to have installed an approved fire sprinkler system. The entire system and post indicator valve is to be monitored by a central monitoring company. o The existing fire sprinkler system is not designed to meet the des gn density of the new use for this building. The applicant shall hire a f re protection engineer/consultant to provide a technical report of he existing design density of the system and to determine the modificat on Resolution No. P-93-35 Page 6 necessary to meet the new design density criteria for the occupancy/use. 6. A five year is required for the fire system. new A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. APPROVED and ADOPTED by the City Council of the City of Poway, California, this 13th day of July, 1993. ATTEST: State of STATE OF-CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO 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-93-35 , was duly adopted by the City Council at a meeting of said City Council held on the 13th day of 1993, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE City of ~oyay