Res P-94-62RESOLUTION NO. p-94-62
A OF T E CIT" COUNCIL
OF T ~ CITY OF PO AY, C LIFORNIA
CU 88-0 tR)M
ASSESSOR' PARCEL NU, BER 3 /-021-05 & 27
WHEREAS, Conditional Use Permit 88-02 (R)M was submitted by Fun
Truckin'/Robert Brownfeld, applicant, for the purpose of establishing a
specialty truck parts sales, showroom, and installation business located at
13510 Pomerado Road and came before the City Council on December 13, 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:
The City Council finds that the previously issued Negative Declaration
adequately the 1 concerns of this project.
Section 2: :
The roposed project is with the general plan in that
it i a retail truck parts sales and installation use which is
perm tted in the Commercial General zone with a conditional use
perm t.
That the location, size, design and operating ch tics of
the proposed use will be compatible with adjacent uses; in that
the proposed truck specialty parts business adjoins other
1 uses on two sides, and where it adjoins residential
uses, the original conditions of approval required 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 proposed truck
specialty parts business is to be located in an existing building.
That there are available public facilities, services and utilities
to serve this project.
That there will be no harmful effect upon desirable neighborhood
ch as the project's activities will be buffered from
adjacent residents by walls, setbacks, landscaping and hours of
operation between 7:30 a.m. and 6:00 p.m.
No. P-94-62
Page 2
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That the g of traffic w ll not adversely impact the
surrounding treet and/or the Ci y's Circulation Element; in that
the Circulat on Element anticipa ed a 1 use on this site
and the leve s of traffic genera ed by this project will not
exceed norma ly expected levels of use.
o
That the site is suitable for the type and of use or
development which is in that the proposed business is to
be located inside an existing building and parking facilities are
adequate based on the installation of truck parts by appointment
only.
That there will not be significant harmful effects upon
1 quality and natura in that; the site does
not contain significant natural eatures or due to
previous disturbance and to the act that it is surrounded by
existing ' 1 and resident al development on all sides.
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated because the conditions of approval
include mitigation measures which address all potential impacts.
The City Council hereby approves CUP 88-02(R)M subject to the following
conditions:
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.
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 1 use permit shall be subject to annual review b' the
Directo of Planni g Services for compliance with the ondition of
approva and to ad ress concerns that may have occurre during he past
year. f the perm t is not in compliance with the con itions o
approva , or the Panning Services has rece ved comp aints,
the required annua review shall be set for a public hearing be ore the
City Council, to consider modification or of the use permit.
The applicant shall comply with all of the applicable conditions of
approval contained in City Council Resolution P-90-95 and related
resolutions.
Resolution No. p-94-62
Page 3
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE
Site shall be developed in accordance with the approved site plans on
file in the Planning Services D and the conditions contained
herein.
°
Revised site plans and building elevations incorporating all conditions
of approval shall be submitted to the Planning Services D prior
to issuance of building permits.
Approval of this request shall not waive compliance with all sections of
the Zoning 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 thereof, all conditions of approval contained herein shall be
completed to the satisfaction of the Director of Planning Services.
The applicant hall comply '.ith the latest adopted Uniform Building
Code, Uniform echanical Co e, Uniform Plumbing Code, National Electric
Code, Uniform ire Code, an all other applicable codes and ordinances
in effect at t e time of bu lding permit
For a new ' 1 or industrial development, or addition to an
exist ng development, the applicant shall pay development fees at the
estab ished rate. Such fees may include, but not be limited to: Permit
and P an Checking Fees, Water and Sewer Service Fees. These fees shall
be pa d.
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Building iden ification and/or addresses shall be placed on all new and
existing bull ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
No service on trucks is allowed within the building. Any
such work shall be referred to an adjacent building where mechanical
service is authorized and with oil interceptor devices in place.
Installation of truck parts shall occur within the building only. Hours
of operation shall be between 7:30 a.m. and 6:00 p.m.
10.
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-94-62
Page 4
PARKING AND VEHICULAR ACCESS
Parking shall be monitored every three months for the first year or
with the parking availability of the auto center. If he
amount of parkin allocated to this use exceeds the available num er of
spaces, to the business to reduce the parking demand wi 1 be
negotiated with he applicant or the matter referred to the City ~ouncil
as an annual rev ew.
SIGNS
Any signs proposed for this d shall be designed and approved
in conformance with the Sign Ordinance. Existing signage for the
adjacent business under the same ownership shall comply with the sign
ordinance within 30 days of Council action.
EXISTING STRUCTURES
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Submit plan for alterations to existing sprinkler systems based on
sprinkler spacing for new wall Submit tenant improvement
plan through Building Division for detail review of
APPROVED and ADOPTED by the City Council of the City of Poway,
California, this ]3th day of December, 1994.
Don Higgi r~/
ATTEST:
ten, City Clerk
State of
Resolution No. P-94-62
Page 5
STATE OF CALIFORNIA
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-94-62 , was duly adopted by the City Council at a meeting of said City
~ld on the 13th day of December ]994, and that it was so
adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
es