Res P-95-58RESOLUTION NO. P-95-58
F TH CI Y N
F T CI 0 W , AL R.
APPROVING CONDITIO AL E P I - A D E MENT REVIEW 95-07,
AND E NG I C 0 ENDAR
ASSE R'S P RC L ER 3 -4 -57
WHEREAS, o ditional Use Permit (CUP) g5-04/ Development Rev ew (DR) 95-
07/ Vari ce (V R 95-04, were submitted by Richard Darr, applican , for the
continu on an xpansion of tire sales and service within a 2,38 square
foot bu lng ( 2 4 squa e foot buildin , 210 square foot canopy, 75 square
foot ad ion) along wit brakes, autom tive detail, and related services;
recreat o al vehicle re al, storage an minor repairs; equipment rental yard,
truck and or car rental easing (possib e uses); including a variance to side
yard setb ck on the wes side near Poway Road, 1.25 acre site at 12957 Poway
Road (jus east of Wins on Tire) within the CG zone.
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The issuance of a Negative Declaration with Mitigation Measures
{indicating no significant adverse tal impacts anticipated due
to the addition of special requirements to the project) is recommended.
The approved project is consistent with the general plan in that tire
sales and service, brakes, automotive detail, recreational vehicle rental
& storage are approved uses within the existing CG zone.
That the location, size, design, and operating characteristics of the use
will be compatible with and will not adversely affect or be mate ially
detriment 1 to adjace t 1 uses, residents, buildin s, struc utes,
or natura n that the uses were anticipated wit in the C zone
and the uilding ad ition has been designed to be compa ible wi the
existing uilding wi h architectural enhancements require .
That the scale, bulk, coverage, and density is consistent with the
adjacent uses, in that the enlarged building meets the development
standards for the 1 zone and zoning ordinance requirements,
including height, setbacks, coverage, materials and parking.
That there are available public facilities,
serve the uses.
and utilities to
That there will not be harmful effects upon desirable neighborhood
characteristics, in that the physical design of the building is suitable
for the site and the proposed uses and the auto service uses will be
confined to the front portion of the lot.
Resolution No. P-95-58
Page 2
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That the of traffic will not impact the
streets and/or 'the City's Transportation Element in that Poway RoaU
traffic generated will be consistent with that anticipated in the CG zone.
That the site is suitable for the type and intensity of use as this
project aims to attract some of the several ' 1 uses listed for
this 1.25 acre site.
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That there will not be significant harmful effects upon the 1
quality and natural in that the site has been previously used
for 1 purposes and may be completely developed as a result of
this conditional use permit and development review.
That there are no other relevant negative impacts of the use that cannot
be mitigated.
The approved project is with the general plan in that the
various 1 uses are permitted land uses within the existing
Commercial General (CG) zone.
That the approved project will not have an adverse aesthetic, health,
safety, or architecturally related impact upon adjoining properties in
that the design of the building addition for the intended purpose will be
compatible with current and future buildings in the vicinity.
That the proposed development encourages the orderly and h
appearance of structures and property within the City in that the
architecture incorporates features provided for in the community design
guidelines.
The proposed variance is not necessary due to no permanent
structures or overheight fencing proposed within the side yard
setback.
Th City Council hereby ap roves CUP 95-04 and DR 95-07 to allow tire
sa es and service, brakes i.stallation and repair, automotive detailing,
a recreational vehicle ren al & storage, and minor repair/subject to the
fo lowi~ conditions and mi igation measures (indicated with an "*"):
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.
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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.
Resolution No. P-95-58
Page 3
This conditional use per~it shall be subject to annual review by the
Otrector of Planning Services for wtth the 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
heartng before the City Council, to consider modification or
revocation of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNIN6 SERVICES.
COMPLIANCE SHALL BE
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10.*
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 '
Trash and rec cling receptacles shall be enclosed by
masonry wall ith view-obstructing gates pursuant to
Location and shall be subject to approval
Services Depar ment.
a six foot high
City standards.
by the Planning
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 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
or a new 1 development, or addition to an existing development,
he applicant shall pay development fees at the established rate. Such
ees may include, but not be limited to: Permit and Plan Checking Fees,
chool, Water and Sewer Service Fees.
Provide landscape or architectural screening for the two metal roll up
doors facing toward the west.
The hours of operation for all uses shall be between the hours of 7:00
a.m. and 8:00 p.m. Monday to Saturday and 8:00 a.m. and 6:00 p.m. on
Sundays.
Resolution No. P-95-58
Page 4
11.* Operation of the tire business or any other business g noise
shall be conducted in such a way to minimize the noise from impact
wrenches and other noise associated with those activities. Tire
installation and other work to motor vehicles is to be conducted within
the service bays only.
12. The masonry wall (13 feet tall with four feet above grade) along the south
property line shall be raised to six feet. Fencing along the east and
west property lines shall be 6' masonry or wood. The wood fence to the
south of the building shall be relocated, as to accommodate the
revised site plan.
13. RV storage may extend to within 15' of rear property line. The rear 15'
of the property shall be landscaped with materials to provide a screen for
properties to the south.
14. Incorporate architectural enhancements into the final building design for
the building expansion and upgrade of the existing building.
15. 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.
All parking lot landscaping shall include a minimum f one 5 gallon size
tree for every three spaces. For parking lot islan s, a m nimum 12 inch
wide walk adjacent to parking stalls shall be prov ded an be separated
from vehicular areas by a six inch high, six inch w de pot land concrete
cement curb.
Parkin lot lights shall be low pressure sodium and have a maximum height
of 18 eet from the finished grade of the parking surface and be directed
away rom all property lines, adjacent streets and residences. Any
securi y lights shall be motion-activated or shielded low pressure sodium,
directed downward and have zero cutoff.
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All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
All parking spaces shall be double striped.
ENTS
Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Gufde to Landscape Requfrements (latest edition).
Existt g on-site trees shall be retained wherever possible and shall be
mainta ned in a horticulturally acceptable manner. Dead, decaying, or
potent ally dangerous trees shall be approved for removal at the
discre ion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
Resolution No. P-95-58
Page 5
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Gufde to Landscape Requfrements and
shall be planted at an average of 30 feet on center spacing along all
streets.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
All landscaped areas shall be maintained in a healthy and thrivi g
condition, free from weeds, trash, and debris. The trees shall e
encouraged and allowed to retain a natural form. Pruning should e
restricted to maintain the health of the trees and to protect the publ c
safety. Unnatural or pruning, including topping, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
A Comprehensive Sign Program for this development shall be submitted to
the Planning Services Department. for review prior to issuance of building
permits for mere than two b Approval shall be by the City
Council.
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use.
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 Administrative
Services.
COMPLIANCE WITH THE FOLLOWIN6 CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
COHPLIANCE SHALL BE
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval rior
to issuance of a grading permit and start of grading operation, ugh
grading of the site must be completed and shall meet the C y's
Engineering Services inspector's approval prior to issuance of a bui ing
permit. Pave the areas to be used for parking or storage of vehic es,
install a surface drainage system to handle all surface water runoff.
A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right-of-way or any City-held easement. Said work shall include, but is
not limited to, construction of driveway approach, sewer lateral
installation, water service line installation, and street construction.
Resolution No. p-95-58
Page 6
he fees shall be paid or a security bond posted prior to
ssuance of a building permit. If a security bond is posted, payment of
he fees shall be made prior to the issuance of a Certificate of
cupancy. Once payment is received in full said security bond could be
released to the applicant. Traffic Mitigation - $643.00
An interceptor system shall be designed and installed to recover a 1
liquid waste spilled within the service bays and parking areas. Was e
material recovered in th, process must be disposed of in accordance wi h
State law. An Industr al Waste Discharge Permit is required to e
processed through the gineering Services Department and Building
Division of the Planning ervices Department.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
COMPLIANCE SHALL BE
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 addre s in a manner visible from
the access street. Minimum size of the bu, ding numbers shall be six
inches on the front facade of the building, uilding address shall also
be displayed on the roof in a manner satis actory to the Director of
Safety Services and meeting Sheriff's Department - ASTREA criteria.
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 ! '6" of vertical clearance. The road
surface type shall be approved by he City Engineer, pursuant to the City
of Poway Municipal 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 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.
Fire extinguisher type and quantity to be determined by Fire Marshal when
occupancy type is determined.
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.
Resolution No. P-95-58
Page 7
10.
11.
Prior to delivery ' combustible building material on site, water and
sewer systems sha i satisfactorily pass all required tests and be
connected to the pu lic water and sewer sy tems. In addition, the first
lift of asphalt pay ng shall be in place o provide adequate, permanent
access for emergency vehicles. The final ift of asphalt shall not be
installed until all other construction ac ivity has 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.
]2.
Any building or addition to an existing building exceeding 2,500 square
feet (individual or aggregate) will be required to install a ' 1
fire sprinkler system, with an approved set of plans.
13.
Occupancy separation wall between B-1 and B-2 occupancies shall be one
hour rated. Openings in this wall shall be fire-rated at one hour.
14.
Any building erected further than 150 feet from the public right-of-way
will require an approved fire department ~.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Observe the ten foot setback from the existing eight inch water line
easement along the east property line. The easterly driveway shall be
maintained and chained off near Poway Road unless closure of the driveway
by installing curb and gutter is approved by the Director of Public
Services.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this loth day of October, 1995.
ATTEST:
gg~n.~
Resolution No. P-95-58
Page 8
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, #arjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-$8 , was duly adopted by the City Council at a meeting of said City Council
he tOth day of October , 1995, and that it was so adopted
by the follo~vote:
AYES:
CAFAGNA, CALLERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
4ahl st ~il
City of Pok~ay