Res P-98-26RESOLUTION NO. p_98-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 98-01
ASSESSOR'S PARCEL NUMBER 323-201-06
WHEREAS, Minor Conditional Use Permit 98-01, submitted by Ernie Briscoe,
Applicant, Jack or Bemice Kleid, Trustees of the S. D. Heart & Medical Clinic, PNSN Trust,
Owner, request approval to establish an auto repair business in the building located at
13830 Poway Road within the Automotive General C zone; and
WHEREAS, on May 5, 1998, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that this project will not have a significant adverse impact on
th I and issues a Negative C ih Mitigation Measures.
That the l design, and operating characteristics of the use is in
accordance with the general plan and the zoning ordinance in that an auto
repair use can be established within the ,~ General C
zone with the approval of a :litional use permit.
That the l design and operating characteristics of the auto repair
business will be compatible and will not have an adverse affect or be
materially detrimental to adjacent uses, buildings, or structures, because the
use will be locating within an existing building and because
special conditions of approval for the project require that an 8 foot high
masonry wall be constructed along the northerly and westerly property lines
to buffer the proposed use from adjacent residential
development and that sound absorbing cabinets be used t noisy
air compressors.
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That the I :1 operating characteristics of the auto repair use will not
be detrimental to the public health, safety, or welfare, ly injurious
to properties or imp the area in that the use will operate within
an existing building which is served by adequate public facilities.
Resolution No. P- 98-26
Page 2
That there will not be significant harmful effects up Iai quality
and natural ' that the use will operate within an existing building
on a fully developed site and because special conditions of approval require
that alt collected vehicle fluids be propedy stored and disposed in
accordance with the County E Health Department hazardous
materials requirements, and that either an acceptably designed oil water
clarifier or spill : area be installed in the service bay areas to
manage any possible leaks or spills.
That the g !traffic will not adversely impact the surrounding streets
and/or the City's Circulation Element, in that the use will operate on an
existing developed property wh ' 3 street imp
and off-street parking are in place. A condition of approval for the project
also requires that the developer complete street imp ~] Poway
Road and that the existing parking lot be resurfaced and striped.
That th :h l negative impacts of the use that cannot be
mitigated, in that the auto rel: ' 3ject 1 review to monitor
any negative impacts.
The City Council hereby approves Minor Conditional Use Permit 98-01 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.
Th :litionally 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 uses.
The Planning Services Department shall conduct an annual review of Minor
Conditional Use Permit 98-01 for compliance with the conditions of approval.
If the department h :1 complaints, or th ~in compliance,
the review will be forwarded to the Council, who may add conditions to the
permit or amend existing conditions of approval.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
Resolution No. P- 98-26
Page 3
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condir d herein.
The appropriate Building Department approvals and fees shall be received prior to
initiation of :i occupancy of the building.
Revised site plans and building )orating all conditions of approval
shall be submitted to the Planning Services Department prior I '* building
permits.
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Approval of this request shall not
Ord' :1 all other applicable City Ord
permit issuance.
31iance with all '*the Zoning
fect at the time of building
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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 ord fect at the time of building
permit issuance.
This approval shall b II and void if building I;
project within two years from the date of project approval.
: issued for this
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The hours of operation for the use shall be limited to 7 a.m. to 6 p.m. on Monday
through Saturday.
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.
o
All roof appurl ding air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
Handling and disposal of auto related :1 chemicals shall comply with
required federal, state and county health and safety standards.
10.
All air compressor units used for the business shall be enclosed within sound
absorbing cabinets while in operation.
11.
An 8 foot high masonry wall shall be constructed along the northerly and the portion
of the westerly property line from the northwest corner of the building to the
northwest corner of the property.
12.
13.
14.
15.
16.
Resolution No. P-98-26
Page 4
Either an oil 3ill ~all be installed in the repair
bay area to insure that potential hazardous materials spills or leaks can be
effectively contained.
The exterior of the building at a minimum shall be repaired and painted prior to
occupancy. A sample of the proposed colors shall be submitted to the Planning
Services Department 1' :1 approval.
Based on available onsite parking,
installed.
:four (4) ind
bays may
The retaining wall that separates the subject properbj from the adjacent
property to the east shall be repaired prior to occupany of the building.
Vehicles being serviced shall not be stored in the parking lot for more than 72 hours.
The storage of wrecked, non-operable vehicles is prohibited.
1.
The parking lot shall be repaired, resurfaced and re-striped prior to final occupancy
of the building. A ' ' 118 standard sized parking spaces shall be provided.
All parking spaces shall be double striped. Th ' ' d : all parking
stalls shall be 8.5' by 18.5'. The parking stalls shall ob ' ' 40' setback
from the face of the curb along the Poway Road frontage. A ' ' ~ one (1)
ADA ~ disabled parking space shall be provided.
Any new parking lot lights shall be Iow pressure sodium and have a
height of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent :1 residences.
The existing parking lot shall be redesigned so that all 1
as possible to observing a 25 foot width. A ' ' : 24 feet wide emergency
access shall be provided, maintained free and clear at all times during construction
in accordance with Safety Services Department.
~EMENTS
Complete landscap ~ 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 Guide to Landscape
Req (latest edition).
Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the owner. The area within the required 20 foot front setback
and within the required 40 foot parking setback shall be landscaped.
Resolution No. P- 98-26
Page 5
All landscaped areas shall be :1 in a healthy and thriving condition, free
from weeds, trash, and debds. The trees shall b ;]ed and allowed to retain
a natural form. Pruning should b :11 ' the health of the trees and
to protect the public safety. Unnatural or pruning, including
topping, is not permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
lh the City of Poway Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Install '
fire hydrant on the eastern property line.
Install a fire sprinkler system. The post ind (PIV), swing check valve,
and fire department shall be located on the east side of the driveway
sweep.
3. Any storage of combustible or flammable liquid will be in with the
Uniform Fire Code (1994 edition).
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
Applicant shall provide Surveying/Topography along the Poway Road frontage.
Limits of the survey shall include from property line to center line of Poway Road.
Applicant shall improve the drainage condition fronting the property so to provide
positive drainage along the gutter and eliminate the ponding of water.
Improvement shall include, but not be limited to placement or replacement of side
walk, curb and gutter, pavement, and drainage Plan check and
inspection expenses shall be paid by the applicant.
Peri' :1 payment bond for the construction of public improvements shall
be posted with the City prior to improvement plan approval.
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
ddveway approach, sewer lateral installation, line install
Resolution No. P-98-26
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of May 1998.
ATTEST:
Don Higginson, Mayor
Marjor~e I~ Wahlsten, City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
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-98-26 was duly adopted by the
City Council at a meeting of said City Council held on the 5th day of
1998 and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjo~e ~. Wahlsten, City Clerk
City o f~0.,Wa y