Res P-98-29RESOLUTION NO. P- 98-79
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 98-02
VARIANCE 98-07 AND MINOR DEVELOPMENT REVIEW 98-14
ASSESSOR'S PARCEL NUMBER 317-151-64
WHEREAS, Minor Conditional Use Permit 98-02, Variance 98-07 and Minor
Development Review 98-14, submitted by Jim Piva, Applicant, for the purpose of
establishing an equipment rental and landscaping supply business at 12316 Oak Knoll
Road, in the Community Business District zone; and
WHEREAS, the City Council has read and considered the staff report and has
considered other evidence presented at a public hearing held on May 12, 1998.
NOW, THEREFORE, the City Council does hereby
follows:
The issuance of a Negative D with mitigation (indicating no significant
adverse Iai impacts are anticipated due to the addition of special
req to the project) ' :led.
'ermit 98-02
That the I design, and operating ch ' ' ;the approved
use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, or natural
that there are adjacent uses which are compatible
with and compliment this use.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that the building proposed is single story and otherwise in
scale with surrounding b :l the modular building is temporary in
nature and will be required to be removed after two years.
That there are public facilities, services, and utilities available to this
business.
o
That there will not be a harmful effect upon desirable neighborhood
ch in that the property will be improved to City landscape and
development standards. The modular building will be improved with trellises
and vines attached to it in order to soften and improve its overall
appearance. Th I be painted and trimmed to match the office
building and will be screened by the large pepper trees along the west
property line.
Resolution No. P-98-29
Page 2
That the g :traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element in that there is adequate on-site
parking provided and that the large pieces of equipment owned by this
b I be stored off-site.
That the site is suitable for the type and intensity of use or development
which is approved, in that it is a use which is permitted as a
conditional use within the Community Business District zone. S
such as Pomerado-Poway Equipment Rental, Poway Nursery and KRC
Rock are located in the immediate vicinity.
That there will not be significant harmful effects up quality
and natural that this is a previously disturbed site. One of the
two large specimen deodar cedar trees is being retained in the landscaping.
The other tree was diseased and has I: ~. The mature California
pepper trees are being retained along th property line to provide
additional screening.
8. That th :h
cannot be mitigated.
negative impacts of the proposed use that
The approved use will not adversely affect the City of Poway General Plan
for ful I as present development.
Variance 98-07
The approved project' I with the general plan in that it proposes
the establishment of a land use within a ly zoned
property which is located along side similar uses including another
equipment rental business, a plant nursery, a landscape material yard, and
animal boarding operation.
That there are special applicable to the property, and
because of this, the strict application of the Zoning Ordinance deprives the
property of privileges enjoyed by other properties in the vicinity under
identical zoning classification.
The special ' the fact that there is an existing mature deodar
cedartree located near the front of the lot. Because the applicant has been
urged by city staff and surrounding neighbors to preserve the tree, it is
necessary for the position of the modular office building to be shifted two feet
to the west so that the northwest comer of the building ~es two
feet into the required ten-foot sideyard setback.
Resolution No. P-98-29
Page 3
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought, in that other properties in the neighborhood have buildings
positioned at or near the front setback and covering substantially the entire
frontage so as to maximize exposure of the building representing the
business to the street, unencumbered by mature trees or other landmarks.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imf ~ vicinity and zone in which the property is located in
that on the adjoining property, the Animal Keeper's front Ii ' :~
training area is positioned directly opposite the closest corner of the subject
building. The relation of these two elements complement each other.
That the granting of this variance does not constitute a special privilege
I with the I ;)on other properties in the vicinity and zone
in that the property is located in a neighborhood of mixed development
where there are both garden/nursery type uses, private day schools and
office buildings. The office buildings and schools observe th ' ' front
setbacks, as does the plant nursery and the existing equipment rental
building.
That the granting of th' does not allow the use of activity which is
not otherwise expressly authorized by zoning development regulations
governing the pamel or property in that equipment rental yards are permitted
to locate within the C B :h benefit of a conditional
use permit.
The City Council hereby approves Minor Conditional Use Permit 98-02,
Variance 98-07 and Minor Development Review 98-14 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.
Resolution No. P-98-29
Page 4
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
(Conditions that are mitigation ced with an asterisk *.)
GENERAL
This permit shall expire and no longer be valid one year from the day occupancy is
granted for the use. All buildings and equipment installed under this permit shall be
removed, and all use of the property for equipment rental and landscape supply
shall cease, by that t' :herwise authorized by subsequent action.
o
A report .3 compliance with conditions of this permit and impact upon
neighboring b ~all be presented to the City Council for th ' 3/
90 days during the life of this permit. If the permit is not in compliance with the
conditions of approval the City Council shall consider modificar :ion of
the use permit.
The use conditionally granted by these permits shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
or recreational uses.
4. No mechanical equipment shall be operated before 7:00 a.m. or after 7:00 p.m.
This business shall in no way use the vacant lot located directly to the north of the
subject site.
6. There shall be no equipment loading or off-loading off-site.
No large equipment may be brought to this site including for delivery; return or
servicing. Large equipment is defined as that which is too large or heavy to be
loaded into or towed by a passenger car or pickup truck.
ELOPMENT
The appropriate Building Department approvals and fees shall be received prior to
initiation of construction.
The applicant shall comply with the latest adopted Uniform Building Code and all
other applicable codes and ordinances at the time of building permit issuance.
3. Disabled access must be provided throughout the facility for both employees and
'10.
'11.
12.
13.
Resolution No. P-98-29
Page 5
Any signs proposed for the subject b
standards.
: comply with City of Poway Sign
All landscaped areas shall be
from weeds, trash, and debris.
J in a healthy and thriving condition, free
A separate landscape plan check p quired. Plans shall be submitted to
the project planner along with the plan check fee for transmittal to the City's
Landscape Amhitect.
Landscaped areas within the adjacent public right-of-way shall be improved and
permanently and fully :1 by the property owner.
All landscaped areas shall be :1 in a healthy and thriving condition, free
from weeds, trash and debris. Trees shall b 3ed and allowed to retain a
natural form. Pruning shall be restricted to maintain the health of the trees and to
protect the public safety. Unnatural pruning, including topping, is not
permitted.
All parking lot landscaping shall include a
every three parking spaces.
one 15 gallon size tree for
All outdoor storage shall be visually screened by view obstructing walls/fence and
gates so that they are not visible from Oak Knoll Road and property to the east.
The elements of pad are the propane tank, wash rack and outdoor
equipment areas. Slats shall be installed into the entire length of the fence and
gates along th '-Ie of the property.
^ sep ~ier system for the wash rack shall be installed that is plumbed to
the sanitary sewer system and which :er overall.
All areas where vehicles or equipment are to be d '
the paving shall be :1 in good condition.
shall be paved and
The southern facade of the modular office structure shall be enhanced to the
sat : the Director of Planning Services.
Resolution No. P-98-29
Page 6
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES,
Permit and plan check fees shall be paid upon submittal of map, improvement
and/or grading plan, as applicable.
Development fees, including but not limited to, d
fees, remaining ~'
be paid prior to building permit issuance.
~ irfig
l, and sewer inspection fees shall
Grading of the subject property shall be in accordance with the Uniform Building
Code, City Grading Ordinance, approved grading plan and geotechnical report, and
accepted grading practices.
=
=
A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work at first submittal of a grading/private improvement
plan.
The grading plan, prepared on a standard sheet of Mylar at a scale of 1" = 20' or
larger by a registered civil engineer, shall be subject 1 :1 approval by the
Planning and Engineering Services Departments and shall be completed prior to
: a grading permit.
All new slopes shall be a ' '
:2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to issuance of
building permits.
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior I ~ building permits.
Buildings and parking lots shall be at least five feet from tops and toes of slopes,
unless waived by Planning and/or Engineering Services Departments prior to
grading permit issuance.
Non-supervised or non-engineered fill is specifically not allowed. Rock disposal
areas shall be graded in compliance with City-approved soils investigations and
:lations and grading plans.
Resolution No. P-98-29
Page 7
=
E ' including but not limited to desiltation basins, shall be installed and
:1 from Oct. 15th to Apd115th. An trol plan shall be prepared
by the project civil engineer and shall be submitted as part of the grading plan. The
developer shall make provisions to insure the prol; of all erosion
control devices throughout their intended life.
STREETS AND SIDEWALKS
All parking lot structural ~all be submitted to and approved by the Director
of Engineering Services. Pavement ~all conform to th ' ' quired
by the Poway Municipal Code Section 12.20.080.
2. Street imp
3all include, but are not limited to:
X Sidewalks
X Driveways
X Wheelchair ramps
X Curb and gutter
Striping and signs
X
Cross gutter
Alley gutter
Parking lot paving
Alley paving
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to exoneration of bonds and imp to the
sal I the Director of Engineering Services.
Prior to any work performed in the public right-of-way or City-held a
right-of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permits required.
Driveways shall h ' '
apron with ten foot' '
':lth of 30 feet and shall be designed as an alley
-lius.
Reciprocal
to all I;
to th
~all be provided insuring access
private roads, drives or parking areas and thereof
I the Director of Engineering Services prior to occupancy.
=
The developer shall share in the cost of the imp to the driveway and
drainage imp :h the adjacent owner(Ballas Plumbing) located at 12320
Oak Knoll Road (A.P.N. 317 - 151 - 65).
DRAINAG
-- Resolution No. P-98-29
Page 8
Intersection drains shall be required at locations specified by the Director of
Engineering $ :1 in accordance with standard engineering practices.
A drainage system capable of handling and disposing all surface water originating
within the project, and all surface waters that may fiow onto the project from
adjacent lands, shall be required. Said drainage system shall include any
:1 st required by the Director of Engineering Services to
properly handle the drainage.
3. Concentrated
driveways and/or sidewalks shall not be permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
Utility shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
The developer shall be responsible for the relocation and undergreunding of
existing public utilities as required.
Water, sewer, and fire pretection systems shall be designed and constructed to
meet the req of the City of Poway and the County of San Diego
Department of Health.
The applicant shall pay for a water system analysis, if required, to establish the
proper size and location of the public water system. The amount shall be
determined by the cost of the analysis and shall be paid prior to submittal of
improvement plans. Estimated amount is $1,250.00.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appud 3all be shown on the grading/improvement plans.
o
Water main lines and appurtenances that will be installed at locations other than
within publ' 3all h l, a ' ' "20 feet wide for each
line, dedicated to the City of Poway and shall provide a warranty bond for
installation of th ' Is). The warranty bond is for a period of 12 months.
This approval is based on the existing site conditions represented on the proposed
site plan. If the actual conditions vary from those rep the site plan must
be changed to reflect the actual conditions. Any substantial changes to the site plan
Resolution No. P-98-29
Page 9
must be approved by the Director of Planning Services and the Director of
Engineering S :1 may require approval of the City Council.
Prior to building permit' 3prop
the City's Engineering Services Department. These
are subject to change.
-1 sewer fees shall be paid to
:ly in effect and
Sewer C = 2,356.00
Sewer Cleanout = 50.00
Sewer Inspection = 25.00
Sewer Line Charge = 2,235.00
(Fee is based on front linear otage.)
Water Meter (1") = 270.00
Water Lateral = 1,430.00
County Water Authority = 2,536.00
Water Base Capacity = 6,678.00
The following fees shall be paid or a security bond posted prior to issuance of a
building permit. Ifa security bond is posted, payment of the fees shall be made pdor
; a Certificate of Occupancy. Once payment is received in full
said security bond could be released to applicant.
Drainage
Traffic Mitigation
= $1,200.00
= $375.60
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT 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 per City of
Poway Ordinance #64.
Approved numbers or addresses shall be placed on the building in such a position
as to be plainly visible and legible from the street fronting the property. Said
numbers shall contrast with their background. Address may be required at the
driveway entrance.
Every building hereafter :1 shall be accessible to fire department
apparatus by way of :lways with all-weather driving surface of not less
than 20' of unobstructed width, with adequate roadway tuming radius capable of
supporting the imposed loads of fire apparatus and having a ' ' ~ 13'6" of
Resolution No. P-98-29
Page 10
*4.
vertical The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code.
Maximum LPG tank size is 500 gallons and shall be protected on all sides by
bollards installed to City specifications.
Final inspection shall be required prior to occupancy.
A 'Knox' Security Key Box shall be required for the gates, at a location determined
by the City Fire Marshal.
Resolution No. P-98-29
Page 11
APPROVED and ADOPTED by the City Council of the City of Poway, State of California,
this 12th day of May, 1998.
ATTEST:
Don Higglnson, IVtdyor
Marjo!ie ~ Wahisten, City Clerk
STATEOF 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. was duly
adopted by the City Council at a meeting of said City Council held on the 121:h
day of May 1998, and that it was so adopted by the following vote:
AYES: CAFAGNA, GOLDBY, HIGGINS0N
NOES: EMERY
ABSTAIN: NONE
ABSENT: REXFORD
Marjorie ~. Wahisten, City Clerk
City of~ P~vay