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