Res P-95-20RESOLUTION NO. P-95-20
OF T E CIT" C U C
E IT¥ F P A', C I 0 N
APPROVING A MO F AT ON T- CO I ION S RMIT 85-03M(3)
AND VAR N g -02 ND V LOP N E EW 95-06
AS S R' PAR EL M ER 3-1 O- 8, 69
WHEREAS, Conditional Use Permit 85-03M(3) and Variance 95-02 and Development
Review 95-06, submitted by Robert Townsend, Owner for the purpose of adding a
5473 square foot service and parts building to the Townsend Dodge auto dealership
located at 14010 Poway Road in the Manufacturing Services (MS) zone. The
addition will encroach completely into the required ten foot side yard setback;
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 project is Categorically Exempt, Class I and
Class 5 from the California E 1 Quality Act in that it is a minor
addition to existing facilities and a minor alteration to land use limitations.
Seci :
Conditi v 95-06
The proposed project is consistent with the general plan in that the
proposed project is located in the MS( zone which permits auto dealerships
with a conditional use permit.
That the location, size, design, and operating characteristics of the
proposed use will be compatible ith and will not adversely affect or be
materially detrimental to adjacen uses, residents, buildings.
or natural , in that t e architecture and color scheme of t e
proposed project matches the exis ing structures on the site and that t e
business will be conducted in a manner similar to the existing au o
dealership.
That the harmony in scale, bulk, coverage, and density is com atible with
adjacent uses, in that the proposed structur meets zoning s andards for
front and rear setbacks, lot coverage, and bu lding height, nd that the
portion of the building that encroaches into t e side yard set ack will be
adjacent to the rear wall of a ' 1 bu lding which also observes a
zero setback.
That there are available public facilities, and utilities for
the proposed sales structure as all facilities can be provided for through
the conditions of approval.
e
10.
Resolution No. p-95-20
Page 2
That there will not be harmful effect upon desirable neighborhood
characteristics, in that the proposed structure is screened from the
surrounding residential and ' 1 uses by an eight foot high wall and
landscaping.
That the generation of traffic will not adversely impact surrounding
street and/or City's Circulation Element assumed a manufacturing or auto-
related use on this site and the levels of traffic generated by this
project are not expected to exceed levels normally associated with those
types of uses.
That the site is suitable for the tye and intensity of the use proposed,
in that the proposed project consitu es an extension of the existing land
use of the site and the topograp of the site will allow for the
construction of the auto service bu ding.
That there will not be significant harmful effects upon Lal
quality and natural in that the site has been fully disturbed
and contains structures, paving and landscaping.
That there are no other relevant negative impacts of the proposed use that
cannot be mitigated, in that the conditions of approval include
requirements which address all potential negative impacts.
The proposed use will not adversely affect the City of Poway General Plan
for future as well as present development in that the General Plan
designates this site for limited ' 1 uses such as auto related
b
There are special circumstances applicable to the property, and because of
this the strict ap lication of the Zoning Development Code deprives the
project of privile es enjoyed by other properties in the vicinity under
identical zoning c assification. The subject site has street frontage on
three sides which imits the developable portion of the property because
of the zoning requirement that alt required setbacks adjacent to a street
be landscaped.
Granting the Variance is necessary for the preservation and enjoyment of
a substantial property right pos essed by other property in the same
vicinity and zone and denied to t e property for which the variance is
sought in that the adjacent 1 building west of the site observes
a zero setback along the property ine shared with the subject lot.
Granting the variance will not be materially detrimental to the public
health, safety, or welfare, or injurious to the property or improvements
in the vicinity and zone in which the property is located in that other
properties located in the vicinity are developed similarly without ill
affect.
Resolution No. P- 95-20
Page 3
The granting of this variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity
and zone in which the subject property is located in that other properties
in the area have been developed observing a zero side or rear yard
setback.
The granting of this variance does not allow a use or activity which is
not otherwise expressly authorized by the zoning development regulation
governing the subject property in that auto related b are
permitted in the NS zone with the approval of a conditional use permit.
The granting of the variance will not be incompatible with the Poway
General Plan.
1 Decision:
The City Council hereby approves Conditional Use Permit 85-03M(3), Variance g5-02
and Development Review 95-06 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 enjoyment of
surrounding residential and 1 uses.
This conditional u e permit shall be subject to annual review by the
Director of Plann ng Services for compliance with the conditions of
approval and to ad tess concerns t'at may have occurred duri g the past
year. If the pemi is not in compl ance with the conditions o approval,
or the Planning Services Department as received complaints, t e required
annual review shall be set for a pu lic hearing before the Ci y Council,
to consider modification or revocat on of the use permit.
CONPLXANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTNENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
,OPNENT
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 '
]1.
Resolution No. P-95-20
Page 4
Disabled access will be required throughout the facility. This includes
employee and customer areas. Ramped entry to the service building will be
disabled parking will be
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 appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
Prior to any use of the project area 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 '
Low flow plumbing shall be installed throughout the new construction.
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.
or a new 1 addition the applicant shall pay development fees at
he established rate, The following fees, including but not limited to
raffic mitigation, drainage, water and sewer fees shall be paid prior to
uilding permit '
12.
The new service building shall be equipped or connected to an on-site oil
separator system.
13. The required Building Department approvals and fees shall be received
prior to the initiation of construction.
14. Road testing of vehicles is prohibited in the neighborhood to the north.
15.
Air compressor(s) shall be turned off at night. The air compressor shall
be enclosed within the new building.
]6.
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.
Resolution No. P- 95-20
Page 5
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 construction in accordance with Safety Services
Department requirements.
The building plans shall be revised to clearly show customer parking
areas. These areas shall be physically marked and identified on the site
prior to final occupancy of the new service building.
Employee parking is prohibited in the neighborhood to the north, except
along the wall on the south side of Avenida Linda.
SIGNS
Any signs 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 DEPARTMENT OF ENGINEERING SERVICES.
COMPLIANCE SHALL BE
The developer shall pay a traffic mitigation fee, which at the current rate would
be $4,785. It should be noted that fees are subject to change and the project
will be assessed at whatever the adopted fee rate is at the time of actual
payment.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTNENT OF SAFETY SERVICES.
Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
he buildings shall display their numeric a dress in a manner visible from
he access street. Minimum size of the uild ng numbers shall be six
nches on the front facade of the buildin, uild ng address shall also be
isplayed on the roof in a manner satisfac ory o the Director of Safety
ervices, and meeting the Sheriff Department's STREA criteria.
The buildi g will be required to instal an ap roved fire sprinkler
system, mee inn P.M.C. req The en ire sys em is to be monitored
by a centra monitoring company. System pos indica or valves with tamper
switches, a so monitored, are to be located the C ty Fire Marshal prior
to installation. The sprinklered area shall include the service office
area and canopy.
An automatic fire alarm system shall be installed to approved standards by
a properly licensed contractor, system shall be completely monitored by
a U.L. listed central station alarm company or y remote station.
A "Knox" Security 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.
8.
9.
10.
11.
12.
Resolution No. P- 95-20
Page 6
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.
Minimum 2A:IOBC fire extinguisher required for every 3,000 square feet and
75 feet travel distance.
Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
An Emergency Contingency Plan and Hazardous Materials Disclosure shall be
filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
Prior to delivery f combustible building material on site, water and
sewer systems sba i satisfactorily pass all r quit d tests and be
connected to the pu lic water and sewer systems, n a dition, the first
lift of asphalt pay ng shall be in place to provi e a equate, permanent
access for emergency vehicles. The final lift o asp alt shall not be
installed until all other construction activity as been substantially
completed to the satisfaction of the City.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 18th day of April 1995.
ATTEST:
__ Resolution No. P- 95-20
Page 7
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.
, was duly adopted by the City Council at a meeting of said City Council
he ~ day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
City o? Pcway