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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 e 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. e ge 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. e 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 e 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. e 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