Res P-98-43RESOLUTION NO. P-98-~3:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-11 AND DEVELOPMENT REVIEW 98-07
ASSESSOR'S PARCEL NUMBER 317-190-44
WHEREAS, Variance 98-11 and Development Review 98-07, submitted by Matthew
Travis and Keith Matson, Applicants, request approval to construct a new car auto
dealership with service facility, on a 2.15 acre lot located at 13631 Poway Road in the
Automotive C General zone; and
WHEREAS, there are special lich require a two-foot vadance from
the required 20-foot front yard landscape setback area; and
WHEREAS, on July 28, 1998, the City Council held a duly advertised public hearing
to solicit from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council hereby issues a Negative C with mitigation
(indicating no significant adverse Iai impacts anticipated due to the
addition of special requirements to the project)' tied.
The proposed project'
the construction of a
designated for that use.
! with the General Plan in that it involves
auto dealership on a property which is
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 is that development of the lot is J
because a large portion of the lot is encumbered with a building restriction
pertaining to the structural requirements of a large underground drainage
structure which bisects the property thereby limiting the placement and
coverage of new buildings on the lot.
-- Resolution No. P-98- 43
Page 2
That granting of the requested ls modification is necessary for
the p :1 enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought.
The variance allows the of an auto dealership which is
consistent with neighboring dealerships within the automotive district.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imp in such vicinity and zone in which the property is located
lich anticipates and encourages the location of
The loss of two feet in depth of the front landscaping will not be a significant
impact.
That the granting of this variance does not constitute a special privilege
: with the I ;)on other properties in the vicinity and zone
in that no other dealership or nearby property is so burdened
with a similar building making this property unique.
That the granting of th' does not all ~ which is not
otherwise expressly authorized by the zoning development regulations
governing the parcel or property in that auto dealerships are permitted by
right in the ,~ General C zone.
The approved project will not have an ad :hetic, health, safety, or
architecturally related impact upon adjoining properties, because the site and
the buildings have been designed in accordance with the Zoning Ordinance
with consideration for scale, size, and architectural style to
provide a well balanced project.
The development is in compliance with the City of Poway development
standards with exception of the requested two-foot landscape setback
;~ Poway Road.
The development encourages the orderly and h appearance of
structure and property within the City through .t with the Zoning
Ord J the Poway General Plan which provides high standards for
development throughout th ty.
_ Resolution No.P-98-43
Page 3
The City Council hereby approves Variance 98-11 and Development Review 98-07,
subject to the following conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been road and understood.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS.
Conditions which constitute mitigation roq
an asterisk (*).
designated by the use of
Site shall be developed in accordance with the approved plans on file in the
Planning Services Department and the condir :1 heroin.
The appropriate Building Department approvals and fees shall be roceived prior to
building permit issuance.
All new utilities shall be installed underground. Completion of undergrounding shall
be prior 1 ~ a Certificate of Occupancy.
School impact fees which aro prosently $.33 per squaro foot of assessable aroa,
shall be paid prior 1 : building permits.
Approval of this roquest shall not 31lance with all :the Zoning
Ord' :1 all other applicable City Ordinances in effect at the time of building
permit issuance.
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 Yect at the time of building
permit issuance.
Outdoor lighting shall be shielded so that no light spillage shall encroach into
adjoining residential properties or onto Poway Road. After 11:00 p.m. all lighting
which is not utilized specifically for auto display purposes shall be Iow pressure
sodium with overall wattage kept to a minimum in : to the rosidential
neighbors.
10.*
11.*
12.
13,*
14.*
15.*
16.
Resolution No. P-98-43
Page 4
A block wall, a ' ' f eight feet in finished height when measured from the
interior of the dealership property, shall be :1 parallel and ten (10) feet
north of the southerly property line, at the eadiest time practical in order to provide
neighboring residents with th l of protection from the construction
and operation of the dealership. In no case shall the of the wall be
started later than the completion of the site grading. The dealer shall pursue
necessary approvals to allow the wall to be constructed at a height up to 10' and,
if such apl; granted, shall construct the wall to a continual height of 9' -10'.
Trash receptacles shall be enclosed by six-foot-high masonry walls with view-
obstructing gates pursuant to City standards. L lall be subject to approval
by the Planning Services Department.
No amplified sound shall be generated by the business; this includes but is not
limited to paging, public address systems, music system, security system, or any
other such device which may ~ :tible to the surrounding residents.
All repair and ~ shall be conducted within work bays. Mechanical
equipment shall be sound baffled so as to produce the least audible noise possible
to surrounding residents. The use of equipment such as air tools and compressors
shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday
and 8:00 a.m. and 1:00 p.m. on Saturday.
All roof appurl rting air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
Wash bays, and all .1 with lall be designed to drain
to suml: ' ' a clarifier and separator systems which will adequately remove
waste byproducts. TI; ' ' ;I water will be plumbed to the publ ystem.
Design details shall be required upon building plan check submittal.
No vehicles are permitted to be road tested within the surrounding residential
neighborhood to the south.
C 3all be restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m.
Monday through Saturday.
Complete landscal; d ~all 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). This is a separate permit submittal to the Poway
Planning Services Department and a separate plan check from the building.
-- Resolution No. P-98-43
Page 5
The area south of the block wall shall be landsaped and
adjacent residents.
:1 by the
17.
Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the property owner.
19.
All landscaped areas shall be :1 in a healthy and thdving condition, free
from weeds, trash and debds. The trees shall It .;led and allowed to retain
a natural form. Pruning should In ~ t the health of the trees and
to protect the public safety. Unnatural pruning, including topping, is
not permitted.
20.
All signs proposed for this project shall be designed and approved in
with the Poway Sign Ordinance.
21.
This approval shall become null and void if building
two years from the date of this approval.
not issued within
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS.
GRADING
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.
o
A grading plan for the development of the property, prepared on a standard sheet
of Mylar and drawn at a scale of 1" = 20', shall be submitted to the City's
Engineering Services Department for review and approval prior to issuance of a
grading permit and start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering S 3ector's approval prior
: a building permit.
A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work. Copies of the report shall be submitted with the
grading plan.
4. All new slopes shall b
=2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to issuance of
building permits.
Resolution No. P~98-43
Page 6
A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior I I building permits.
E , including but not limited to desiltation basins, shall be installed and
:1 from Oct. 15th to Apd115th. An lrol 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 prop I all erosion
control devices throughout their intended life.
Paving of the parking lot shall conform to the standards as set forth in Section
12.20.080 of the City Code.
UTILITIES
Should there be a need for new fire hydrant/s, a water system analysis shall be
prepared to establish the proper size and location of the public water system.
Applicant shall pay to the City the cost of preparing the analysis prior to submittal
of improvement plans.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurl ~all be shown on the grading plans.
All on-site p 3all b :1 to publ'
specifications and shall be shown on the grading plans.
landards and
Water and lines and appurtenances that will be installed at locations
other than within publ' 3all h I, ' ' : 20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities. Easement dedication shall be
recorded pdorl :a certificate of occupancy. A processing fee shall be
paid to the City's Engineering Department at first submittal of C for review.
All public utility lines (i.e., water, sewer, drainage) not located within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the City Engineer.
Domestic water and sewer lateral service lines shall be installed prior to issuance
of a certificate of occupancy.
Improvement plans for the new public water system, if needed, shall be prepared
on standard sheets of mylar by a Registered Civil Engineer, and shall be submitted
to the City's Engineering Services Department 1' :1 approval. Plan check
and inspection fees shall be paid by the developer.
-- Resolution No. P-98-43
Page 7
Per1' :1 payment bonds for th : public imp
be posted with the City prior to improvement plan approval.
A warranty bond shall be posted with the City pdor to acceptance of imp
Pdor to building permit' 3propriate development fees shall be paid to the
City's Engineering Services Department.
Water fees shall be as follows: Size and number of meters shall be determined by
applicant but subject to City approval.
Meter Size
1" meter
For a
Cost Base Lateral
$270.00 $6,678.00 $1,430.00 $2,536.00
:listed above, please contact Engineering Services.
The above fee is subject to change without further notice. The amount to be
paid shall be that in effect at time of payment.
Sewer t*
follows:
C fee = 25,916.00'
Line charge = 3,673.80
Cleanout fee = 50.00
Inspection fee = 25.00
*Equivalent to 11 sewer EDU's which was calculated from building area of 20,000 SF
divided by 2000 plus I EDU for water separator, multiplied by $2356.00 per EDU. If
separator is determined by the City to be 'y at building permit issuance, the
amount shall be reduced by $2356.00, making the amount to $23,560.00.
Traffic mitigation fee
= $24,024.00
Drainage fee
= $ 2,508.00
Broken concrete curb, gutter, and sidewalk along the development's frontage of
Poway Road and Midland Road shall be removed and replaced prior to occupancy.
C :1 design of th to be built on site shall not compromise
the structural integrity of the City's drainage box culvert. Applicant is held
Resolution No. P-98-43
Page 8
responsible for notifying his/her building designer, architect, engineer, and /or
contractor to insure that : ~all not impose additional load
to the box culvert.
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, of
driveway approach, sewer lateral installation, water service line installation, and
street
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS.
Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
The building shall display th ' :Id 31e from the access
street. M ~the building numbers shall be six inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriff's Department
ASTREA criteria.
Every building hereafter ' :I shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not less
than 20 feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus having a minimum of 13'6" of
vertical The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code.
The building will be required to install an approved fire sprinkler system meeting
P.M.C. req The entire system is to I: :I by a central monitoring
company. System post ind :h tamper switches, also monitored, are
to be located by the City Fire Marshal prior to installation. Design criteria of
sprinkler system shall be as follows:
Sh :1 Is
Parts Department
.20 gpm/1500 sq.ft.
.30 gpm/2500 sq.ft.
A 'Knox' Secudty 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.
Resolution No. P-98-43;
Page 9
=
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job site at the start of and :1 at all
times until is completed.
=
Permanent :lways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75 feet
of travel distance.
o
The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
10.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sul~ :1 in each building.
11.
An Emergency Contingency Plan and Hazardous Materials D lall be filed
with the County of San Diego Department of Health and copies provided to the Fire
Department.
12.
Prior to delivery of combustible building material on site, water and sewer systems
shall satisfactorily pass all required tests and b :1 to the publ'
sewer systems. In addition, the first lift of asphalt paving shall be in place to provide
adequate, permanent access for emergency vehicles. The final lift of asphalt shall
not be installed until all otb ~ion activity has been substantially completed
to the sat I the City.
13.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS.
Annexation into the Landscape M
building permit issuance.
District shall be accomplished prior to
-- Resolution No. P-98-z~3
Page 10
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of July, 1998.
Al-rEST:
Don Higginson, ~ at~ryor
Wahlsten, City Clerk
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. P-98-43 was duly adopted by the
City Council at a meeting of said City Council held on the 28th
1998, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, GOLDBY, REXFORD, HIGGINSON
NONE
NONE
EMERY
day of July
N:\F