Res P-94-37RESOLUTION NO. P-94-37
A OF T CITY COU CIL
OF TH CITY OF pn Y, CALIF IA
APPROVING CONDITIO AL USE PE 94-08,, NOR DEVELOPMENT
REVIEW 94-2 AND TEMPO A Y USE PE IT 94-45
. PARCEL N .B R
WHEREAS, Conditional Use Permit 94-08, Minor Development Review 94-25 and
Temporary Use Permit 94-45 were submitted by Ultimate Car Company, applicant, for
the purpose of establishing a used car dealership at 14132 Poway Road regularly
came before the City Council on July 19, 1994; and
WHEREAS, the Director of Planning Services has recommended approval of the
project, subject to all conditions set forth in the Planning Department report;
and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: E :
The City Council finds that the project is not likely to have a
significant adverse impact on the if recommended mitigation
measures are completed and hereby issues a Negative Declaration with
mitigation as contained in the of approval.
Section :
Conditional Use Permit 94-08
The proposed project is with the general plan in that it
is a retail automobile use which is permitted in Manufacturing
Service zone with benefit of a conditional use permit.
That the location, size, design and operating ch of the
proposed use will be compatible with adjacent uses; in that the
proposed auto sales business adjoins other 1 uses on two
sides, and where it adjoins residential uses, the conditions of
approval require of an eight-foot masonry wall and a
landscape buffer to separate the two uses.
That the harmony in scale, bulk, coverage and density is
with the adjacent uses; in that the permanent facility will
similar in size and architectural style to adjacent
buildings.
be
4. That there are available public facilities, services and utilities
to serve this project.
Resolution No. p-94-37
Page 2
That there will be no harmful effect upon desirable neighborhood
characteristics as the project's activities will be buffered from
adjacent residents by wall and landscaping, and no outdoor speaker
system will be permitted to be used.
o
That the of traffic will not adversely impact the
surroundin~ street and/or the City's Circulation Element; in that
the Circulation Element ~ a ' 1 use on this site
and the levels of traffic generated by this project will not exceed
normally expected levels of use. A traffic mitigation fee will be
required to be paid.
That the site is suitable for the type and intensity of use or
development which is proposed; in that the site is a flat, improved,
corner lot, fronting the main thoroughfare.
o
That there will not be significant harmful effects upon
1 quality and natural in that; there are no
native plants or animals on the site, project design features are
required to control the discharge of fumes, odors, dust and the
of noise as well as assure the proper disposal of auto
~elated wastes. The use of outdoor loud speakers will be prohibited.
Hours of use of the repair building are controlled, and parking lot
and building lighting will be regulated by this permit.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated because the conditions of approval
include measures which address all potential impacts.
Section 3: Cit
The City Council hereby approves Conditional Use Permit 94-08, Minor
Development Review 94-25 and Temporary Use Permit 94-45, subject to the
following conditions:
Within 30 days of approval (]) 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.
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.
This conditional use permit shall be subject to annual review by the
Director of Planning Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
Resolution No. P- 94-37
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVEO BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE
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 Ordinance and all other applicable City Ordinances in effect at
the time of building permit '
Prior to any use of the project site or business activity being commenced
thereon, 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
The repair/ building shall contain sufficient number of paint
spray booths and an air scrubber system for any sanding No
work shall be outside.
Auto related oil, gasoline, other fluids and solids,
shall be handled, used, stored~ and disposed of according to Federal,
State and local req Floor drains shall be installed in the
repair building which will capture all waste materials, route them to a
separator/clarifier system. The treated water will then be discharged to
the public sewer system. An Industrial Waste Discharge Permit will be
required to be obtained prior to building permit '
8.* No outdoor loud speaker system shall be permitted.
9.* Burglar alarms shall be silent alarms types.
10.*
No auto repair/ work shall be before 7:00 a.m. or
after 7:00 p.m. This includes work on personal projects as well as
customer's vehicles. No repair/maintenance work will be permitted on
Sundays or Holidays. All repair/ work must be conducted within
a building for that purpose and may not commence
before for such a building has been granted.
tl .*
All outdoor lighting shall be shielded so as not to spill onto adjoining
properties, streets and residences. Low pressure sodium lights are
required after 11:00 p.m. Light poles shall be limited to a maximum
height of 15 feet.
Resolution No. P-94-37
Page 4
o
Approval for the modular building shall become null and void two years
from the issuance of the certificate of occupancy for the building.
PARKING AND
ACCESS
All parking lot landscaping shall include a minimum of one 5 gallon size
tree for every three spaces. For parking lot islands, a m nimum 12 inch
wide walk adjacent to parking stalls shall be provided an be separated
from vehicular areas by a six inch high, six inch wide por land concrete
cement curb.
All two-way traffic aisles shall be a minimum of 24 feet wide. A minimum
of 24 feet wide emergency access shall be provided, d free and
clear at all times during in accordance with Safety Services
Department req
3. All parking spaces shall be double striped.
4. All areas where cars are driven, displayed, parked or stored shall be
paved.
LANDSCAPE IMPROVENENTS
Complete landscape documents shall be submitted to and
approved by the Planning Services D prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Req (latest edition). This is a
separate plan check and approval process.
A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
o
Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
otentially dangerous trees shall be approv d for removal at the
of the Planning Services uring the review of the
aster Plan of existing on-site trees. Living rees which are approved
or removal shall be replaced on a tree-for-tree asis as required by the
lanning Services D
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Req and
shall be planted at an average of 30 feet on center spacing along all
streets.
o
A minimum of 60 trees per gross acre, comprised of the following sizes,
shall be provided within the dev lopment: 20% - 24" box or larger, 70% -
15 gallon, and 10% five ga lon. Trees shall be planted to the
satisfaction of the Director of lanning Services and in accordance with
the approved landscape construct on documents in all multi-family and PRD
projects.
o
SIGNS
1.
Resolution No. P-94-37
Page 5
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
All areas shall be in a healthy and thrivi g
condition, free f om weeds, trash, and debris. The trees shall e
encouraged and al owed to retain a natural form. Pruning should e
restricted to main ain the health of the trees and to protect the publ c
safety. Unnatura or pruning, including topping, is not
permitted.
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
1. This conditional use permit is granted for a period of 2~4 month(s).
2. Working drawings for the repair/ building shall include a
certification by a recognized 1 expert that the req of
the City of Poway's Noise Ordinance will be met.
At the completion of and prior to occupancy, interior and
exterior CNEL shall b determined by field testing at developer's expense.
Tests to be conducte by a ~ 1 expert. No occupancy
permits shall be gran ed until t~is condition is met to the satisfaction
of the Building Co e latest adopted edition) "Sound T
Control"
The applicant
notification
accomplished
Services.
shall provide verification of State Board of Equalization
and that appropriate reviews and/or approvals have been
to the satisfaction of the Director of Ad
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
COMPLIANCE SHALL BE
The properties shall be graded in accordance with The Uniform Building
Code, City Grading Ordinance and City-approved grading plan.
The minimum ,1 section for 1 parking lot paving shall be
in accordance with City Code Section 12.20.080.
The grading plan, prepared on a 24" x 36" sheet of mylar by a State
Registered Civil Engineer, shall be subject to review and approval by the
Planning and Engineering Services Departments prior to building permit
Fees for grading permit, plan checking, preliminary soils
report review and soils compaction report review shall be paid prior to
grading permit ' A portion of these fees shall be paid at first
submittal of grading plan.
Resolution No. P-94-37
Page 6
o
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and shall be submitted with the
grading plan. The report is subject to review and approval by the City.
A final compaction report shall be submitted and approved prior to
issuance of a building permit.
A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of a building permit.
Erosion control shall be installed and ~ from Oct. ]5th to April
15th. An erosion control plan shall be prepared by the project civil
engineer and shall be submitted as part of the grading plan.
The applicant/developer shall install a street light conforming to City of
Poway standards at no cost to the public, subject to the following:
ao
Cut-off 1 shall be installed which will provide true 90-
degree cut-off and prevent projection of light above the horizontal
plane from the lowest point on the lamp or light emitting refractor
or device.
b. All fixtures shall use a clear, low pressure sodium light source.
Advance energy charges and District charges shall be
paid by the developer.
to the lighting district and evidence of annexation shall
be accomplished at the time of final building inspection or issuance
of a certificate of occupancy is issued, whichever occurs later.
The street light shall be installed ly north of the
driveway to the development along Olive Tree Lane.
New water service and sewer lateral lines to be connected to the public
mains shall be J in accordance with City standards and
specif' fees shall be paid to the City prior to
installation.
Development fees such as traffic mitigation, drainage, water, and sewer
fees shall be paid prior to building permit
The applicant/developer shall pay $3,575.00 (143.63 feet of frontage x
$25.43 per lineal foot) to the City prior to building permit issuance for
its pro-rata share in the construction of Poway Road median.
11. The existing driveway along Poway Road shall be removed and replaced with
City standard concrete curb, gutter and sidewalk.
Resolution No. p-94-37
Page 7
A right-of-way permit shall be obtained from the Engineering Services
Department for any work to be performed within the public street right-of-
way or City-held Appropriate fees shall be paid prior to
issuance of the permit.
CONPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED·
APPROVED BY THE OF SAFETY
E SHALL BE
Roof covering shall be fire retardant as per Uniform Building Code
Section 3203(e) and City of Poway Ordinance No. 64.
The building shall display their numeric addr ss in a manner visible
from the access street. Minimum size of the uilding numbers shall be 6
inches on the front facade of the building, uilding address shall also
be displayed on the roof in a manner satisfac ory to the Director of
Safety Services, and meeting Sheriff D ASTREA criteria.
Every building hereafter ~ shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, w th adequate
roadway turnin radius capable of supporting the imposed loa s of fire
apparatus havi g a minimum of 13'6" of vertical clearance, he road
surface type s all be approved by the City Engineer, pursuan to the
City of Poway ,unicipal Code.
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 access for use of fire fighting equipment shall be
provided to the immediate job 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.
n pproved ire sp inkler system and standpipe system shall be required
o e instal ed wit in the proposed repair building. The entire system
s o be mon tored y a central monitoring company. System post
nd cator va ve wit tamper switch, also monitored, are to be located
by he City ire Marshal prior to installation.
One (1) new on-site fire hydrant may be required. The location of the
hydrants shall be determined by the City Fire Marshal. A
locations will be at the driveway entrance into the project site.
Complete plans for the proposed spray booth, shall be
submitted to the Department of Safety Services, prior to construction.
10.
Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
Resolution No. P-94-37
Page 8
An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego of Health and copies
provided to the Fire
GENERAL REQUIREHENTS AND APPROVALS
1. Permits from other agencies will be required from:
a. Industrial Waste Discharge Permit - City of San Diego.
Approval of the Conditional Use Permit shall become null and void if the use
does not commence on the site within one year of approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of July, 1994.
P~esiding Off/~cer
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wah sten, City Clerk of the City of Poway, do hereby certify,
under the penalty of per ury, that the foregoing Resolution, No. P-94-37 , was duly
adopted by the City Coun il at a meeting of said City Council hel 19th day
of , 994, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON
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