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Res P-95-03RESOLUTION NO. P-gS-03 A OF THE CITY COUNCIL OF THE CITY OF POWAY, APPROVING CONDITIONAL USE PERMIT 94-18 ASSESSOR'S PARCEL NUMBER 317-101-09,31 WHEREAS, Conditional Use Permit 94-18, submitted by Sharon DeYoung, applicant, requests approval to operate a truck rental business within the City Center Plaza located at 13166 Poway Road in the CG zone; and WHEREAS, on January 3, 1995, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: E 1 Find" : The City Council finds that this project is categorically exempt Class 1 from the California E 1 Quality Act in that the use will be occupying existing 1 facilities. Section 2: Find' : The proposed project project is located truck rental b permit. s with the general plan in that the in the Commercial General zone which permits subject to issuance of a conditional use That the location, size, design, and operating ch tics of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent ' 1 uses, residents, buildings, structures, or natural in that the use will be occupying existing 1 facilities and the adjacent residential uses are adequately buffered from the site by a significant grade separation and existing walls, fencing and landscaping. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the truck rental business will be occupying existing ' 1 facilities and no expansion or exterior alteration to the building is proposed. That there are available public facilities, to serve the use. and utilities Resolution Page That there will not be a harmful effect upon characteristics, in that the physical separation between residential and ' 1 uses will be adequate. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the use is not anticipated to cause a significant increase in traffic and the center has adequate parking spaces for this establishment. That the site is suitable for the type and ' of use as no increase in intensity is proposed beyond which already exists on the site. That there will not be significant harmful effects upon the tal quality and natural in that the site has been completely developed. That there are not other relevant negative impacts of the use that cannot be mitigated. Section 3: City Council The City Council hereby approves Conditional Use Permit 94-18 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 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-95-03 Page 3 COHPLIANCE WITH THE IS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. COMPLIANCE SHALL BE SITE DEVELOPMENT Site shall be in 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 D 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 ' The property owner shall comply with all applicable standards for disabled access. o Prior to any use of the project site or business activity being 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 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. Trucks shall not be serviced (i.e., oil changes, fluid levels topped, etc.), repaired or detailed on-site. The applicant shall contact the Customer Services Department and obtain a business license prior to the onset of business activity. PARKING AND VEHICULAR ACCESS Customers shall be instructed to park trucks returned after business hours (between 10:00 p.m. and 8:00 a.m.) in the front of the center. The trucks shall be relocated to the designated storage/parking area at the back of the center upon the start of the business day. Resolution No. P-95-03 Page 4 SIGNS Any si§ns proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTNENT OF SAFETY SERVICES. COMPLIANCE SHALL BE Prior to the onset of business activity designated fire lanes shall be established with proper painting and signage. The property owner shall contact the Safety Services Department for specifics. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 3rd day of January 1995. ATTEST: Don Higginson, Mayor Marjorie . City Resolution No. P-95-03 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-95-03 , was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of January , 1995, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON Marjorie K. Wahlsten, Ci City of Poway