Res P-99-37RESOLUTION NO. P-99-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-14M(2)
AND DEVELOPMENT REVIEW 98-23
ASSESSOR'S PARCEL NUMBER 323-270-22
WHEREAS, Conditional Use Permit 90-14M(2) and Development Review 98-23,
submitted by Don Patch, Applicant for Poway Valley Collision/Jim Faaborg, Owner, to
modify Conditional Use Permit 90-14M & Development Review 98-23 to construct a
13,000 square foot steel 1' 3air building with a metal roof and wood siding on
a one acre site presently to the south of 14211 Garden Road within the Automotive
General C (AGC) zone; and
WHEREAS, on May 11, 1999, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application; and
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that this project will not have a significant adverse impact on
th l and hereby issues a Negative C :h mitig
-I in the conditions of approval.
The project' : with the General Plan which designates this site for
general use, and which may permit 3air
lh the benefit of a conditional use permit.
That the location, size, design, and operating ch : the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, or natural in that the
expansion of operating capacity which the new building will supply also
provides for the most up-to-date technology for sound attenuation, protection
of surrounding air quality and capturing waste products.
Resolution No. P- 99-37
Page 2
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The installation of the eight to ten foot perimeter walls will conceal the
proposed outdoor storage.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, in that total lot coverage of buildings is below th
35 percent.
That there 31e public facilities, services, and utilities to serve the
approved use as all facilities and services can be provided through
conditions of approval.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the building bays do not face residences and the
hours of operation do not coincide generally with leisure hours of nearby
residents. The facility is bordered by like uses to the north.
That the ~ :traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that a condition of approval will
require the payment of Traffic Mitigation Fees as well as provision of
additional off-street parking.
That the site is suitable for the type and intensity of the use, in that it is an
area designated 1' general use which permits the
operation of auto rep len regulated by conditional use permit.
That there will not be significant harmful effects ul; Iai quality
and natural in that the handling, storage and disposal of
hazard I be regulated by County Health standards and the
new building will be designed to reduce exterior noise to
acceptable standards.
That there are no otb
cannot be mitigated.
negative impacts of the development that
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the building
has been designed in accordance with the General Plan, zoning
development standards, and Poway Road Specific Plan taking ~
the architecture for the existing building closest to Garden Road.
_ Resolution No. P- 99 - 37
Page 3
The development encourages the ordedy and h apl: "
structures and property within the City through ii ./with the City
of Poway development standards and Poway Road Specific Plan.
The City Council hereby approves Conditional Use Permit 90-14M(2) and
Development Review 98-23 subject to the following conditions:
[Conditions marked with
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES -
PLANNING DIVISION.
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 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 the
surrounding residential and uses.
This conditional use permit shall be subject to annual review by the Director
of Development Services for compliance with the conditions 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
Development Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council to
consider modit lion of the use permit.
Site shall be developed in accordance with the approved site plans on file in the
DeveLopment Services Department and the condir :1 herein.
Revised site plans and building eleva~' )orating all conditions of approval
and the architectural style of the Poway Road Specific Plan (along with the
architecture of the existing building closest to Garden Road) shall be submitted to
the Development Services Department prior I : building permits.
-- Resolution No. P-9 9 - 3 7
Page 4
Approval of this request shall not
Ord :l all other applicable City Ord
permit issuance.
31iance with all sections of the Zoning
effect at the time of building
All roof appurl :ling air conditioners, shall be architecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Development Services Department.
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' ~ect at the time of building
permit issuance. Install a vacuum/air filtering system for the auto body shop areas.
Trash receptacle shall b :l within a six foot high masonry wall with view-
obstructing gates pursuant to City standards. Location shall be subject to approval
by the Development Services Department.
Prior to any use of the project site or b :y being
all conditions of approval contained herein shall be completed to th
the Director of Development Services.
:1 thereof,
All :l lall be disposed of in a lawful manner. All toxic
and/or volatile substances shall be handled and stored as required by law.
Implement best management practices for towed veh ' 3 repair, e.g. large
drip pans for vehicles with leaking fluids. Submit a permanent hazardous waste
recovery plan satisfactory to the Directors of Development and Safety Services
within 30 days of City Council action on this conditional use permit.
All prep
bays.
3air and finish work shall be conducted within the building working
10.
A 10 foot high masonry wall shall be installed along the south property line with a
10 foot offset from Golden Way along the frontage of the house on the adjoining
property and continuing for 20 feet past the house to preserve the Califomia pepper
trees and provide a buffer area. The offset portion of the 8 foot high wall shall be
constructed of split-face block or slumpstone. An 8 foot high masonry wall shall be
installed along the Golden Way frontage. An 8 foot high masonry wall shall be built
along the east property line and an 8 foot high wood fence with p ;I the
office building parking lot to the northeast.
Resolution No. P- 99-37
Page 5
10A.
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16.
17.
18.
A I shall be prepared and offered to the property owners to the south for
the 10 foot offset area that will be landscaped. If the property owners choose not
to accept an easement for use of the area, the 8 foot wall shall be built on the
property line per the original alignment.
The hours of operation shall be between 7:00 a.m. and 6:00 p.m. Monday through
Friday and 8:00 a.m. and 2:00 p.m. on Saturdays.
Acoustic ceilings, wall panels and door seals shall be implemented per the
acoustical analysis report. Submit ' ' 3ort with the building plans to
verify compliance with the noise levels of the Poway Municipal Code and to
minimize possibl noises.
Relinquish access rights to Golden Way (a private road) except for emergency
purposes prior to occupancy of the building. M '3rocal access to Garden
Road for this parcel.
Plumb the t~
areas to a sewage collection system.
Utilize I high pressure sprayers for car washing. Only vehicles being
repaired on the site may use th ~.
All body preparation and repair work will be required to be entirely indoors, e.g.
washing, sanding and prepping of cars for painting. No painting of vehicles is
allowed in the new building. Bay doors are allowed to remain open during work
hours. Car or truck tune-ups are prohibited for the new auto repair facility. No
mechanical repairs are permitted except as incidental to the body repair.
All exterior lighting shall be directed downward and shielded to avoid light spillage
onto neighboring properties.
~air employees shall not park on Golden Way.
19.*
20.
Initial soil samples shall be taken along the south property line during to
establish a base line of data. Subsequent soil samples shall be taken along the
south property line as deemed necessary by the annual review with the laboratory
results forwarded to the County Health Department for action if any hazardous
waste products, in sufficient quantity, are found.
This approval shall b II and void if building I: : issued for this
project and the project is not substantially completed by December 10, 1999.
Resolution No. P- 9 9- 3 7
Page 6
All customer parking lot landscaping shall inclu¢ ' ' f one 15 gallon size
tree for every three spaces. For parking lot islands, ' ' ' 12 inch wide walk
adjacent to parking stalls shall be provided and be separated from veh'
by a six inch high, six inch wide Portland I curb.
Parking lot lights shall be Iow p :lium and have a height of 18
feet from the finished grade of the parking surface and be directed away from all
property lines, adjacent -I buildings on adjacent lots.
All customer parking spaces shall be double striped. The parking lot design shall
comply with the ~ :h Disabilities Act, i.e. 1:25 ratio 1' 31e spaces
with at least 31e space.
Stacked parking is allowed for vehicles to be repaired with single-striping allowable
for this area.
L~
A detailed landscape and irrigation plan shall be submitted to and approved by the
Development Services Department priortoth ~building permits. Plans
shall be prepared in accordance with the
(latest edition).
All landscaped areas shall be
from weeds, trash and debris.
~ in a healthy and thriving condition, free
Street ! ' ' : 15 gall larger, shall be installed in accordance
with the City of Poway Guide to Landscape Req :1 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 :1 by the owner.
SIGNS
Any signs proposed for this development shall be designed and approved '
with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES -
ENGINEERING DIVISION.
Resolution No. P- 9 9- 3 7
Page 7
SITE DEVELOPMENT
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,
domestic and irrigation water service fees, remaining sewer sewer
cleanout, and sewer inspection fees shall be paid pdor to building permit issuance.
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.
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 Division l' :1 approval prior I : a grading permit
and start of grading operation. Rough grading of th : be completed and
shall meet the City's Engineering inspector's approval prior I :a building
permit.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurl ~all be shown on the grading plans.
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.
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All new slopes shall be a : 2:1 (horizontal to vertical). There shall be 5
feet between toe of slope and face of curb.
A final compaction report shall be submitted and approved prior to issuance of
building permits.
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A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior 1 : building permits.
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E lrol, including but not limited to desiltation basins, shall be installed and
J from Oct. 15th to April 15th. An erosion control 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 of all erosion
control devices throughout their intended life.
-- Resolution No. P- 9 9 - 3 7
Page 8
STREETS AND SIDEWALKS
All parking structural 3all be submitted to and approved by the Director
of Development Services. Pavement sections shall conform to the minimum
required by the Poway municipal Code Section 12.20.080.
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior to of bonds and improvement, to the
"the Director of Development 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 Development Services Department
and appropriate fees paid, in addition to any permit required.
Driveways shall have a minimum width of 30 feet and shall be designed as an
alley apron with ten foot ' ' ~ :herwise approved by the Director
of Development Services.
Intersection drains shall be required at locations specified by the Director of
Development $ :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 flow onto the project from
adjacent lands, shall be required. Said drainage system shall include any
:luired by the City Engineer to properly handle the
drainage.
Concentrated f~
driveways and/or sidewalk shall not be permitted.
On-site valley gutters shall be ' '
: 3' wide.
No parking space shall be allowed within City's easement/s unless otherwise
approved by the Director of Development Services.
Applicant shall comply with City of Poway, State and Federal Regulations in
regards to Storm Water Pollution control.
_ Resolution No. P- 99- 37
Page 9
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Agree in writing to participate in a future drainage I district (if one is
formed) upon completion of the Master Drainage Plan Update prior to occupancy
of the building.
File an application for an Industrial Wastewater Discharge Permit with the City of
San Diego Industrial Waste Program to d ~ether a discharge permit will
be required prior to building permit issuance.
Install oilANater separator(s) or best available technology at the southeast corner of
the parking lot to intercept ~ prior 1 ./inca into the off-site
drainage ditch or other drainage facility created for that purpose. Submit design to
the Building Division prior to building permit issuance.
10.
Acquire a 10 foot wide private drainag I from property owners to the east
and south for the 200 foot + distance to the Poway Creek tributary prior to grading
permit issuance.
11.
Prel: ;]reement for the off-site drainage 1' -1 submit the
agreement to the City Engineer for review and approval prior to occupancy of the
building.
12.
Provide on-site detention of stormwater runoff either entirely on the project site or
:h the proposed church site to the east. The detention design must
be submitted to the Engineering Division and be approved prior to building permit
issuance.
ERS
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 Development Services.
The developer shall be responsible for the
existing public ul :luired.
and undergrounding of
Water, sewer and fire protection system shall be designed and -I to
meet the req of the City of Poway and the County of San Diego
Department of Health.
_ Resolution No. P-99-37
Page 10
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 per the following table.
Water System Analysis fees are as follows, and they may change at any time
without p '
One Fire Service
Two Fire Service
More than Two Fire S
_ looped On-site System
$1,250.00
$1,850.00
$2,800.00
Existing water, sewer, gas, electric, telephone and other public utility lines and
appurl lall be shown on the improvement plans.
Water main lines and appurtenances that will be installed at locations other than
within public street shall have an easement, a ' ' : 20 feet wide for each
line, dedicated to the City of Poway and shall provide a warranty bond for
installation of the water main(s). The warranty bond is for a period of 12 months.
Lot irrigation shall be designed to ~ate recycled water if it becomes
available. The property owner shall have the opportunity to connect to recycled
water if it I: 31e.
~,PPROVALS
This approval is based on the existing site conditions represented on the proposed
site plan. If the actual conditions vary from rep the site plan must be
changed to reflect the actual conditions. Any substantial changes to the site plan
must be approved by the Director of Development Services and may require
approval of the City Council.
Applicant shall, shall within 30 days after approval of the project, apply for a letter
of Availability (LOA) 1 3ility and make payment to the City, a
nonrefundable reservation fee equal to 20% of the apprep '
fee in effect at the time the LOA is issued. Balance of the sewer fee shall be paid
prior to building permit' Jance with Ordinance No. 83.
Resolution No. P- 99-37
Page 11
Prior to building permit issuance, approp ' and sewer fees shall be paid
to the City's Development Services Department. These I Ily in effect
and are subject to change.
Sewer C =$15,314.00
This fee is based on 6.5 EDUs per 13,000 SF of building plan submitted at
the time of conditioning at $2,356.00 per EDU which is equal to 26 plumbing
fixtures. Pdor to building permit' 3plicant shall provide the Development
Services Department with a plumbing fixture count. Additional fee
shall be paid if fixture count or building square footage exceeds. These fees are
currently in effect and are subject to change.
Sewer Line Charge
Sewer Cleanout
Sewer Inspection
=$5,600.00
=$5O.00
=$25.0O
Per Ordinance 428
The adequacy of the meters and its corresponding size (not less than one inch in size)
shall be determined by the applicant/developer. Depending on the size of to
be installed, the water fees shall be based on the following:
Cost Lateral SDWA Fee*
1" $270.00 $1,430.00 $4,527.00 $2,536.00
1.5" $600.00 Cost $7,042.00 $4,755.00
2" $1,775.00 Co~ $11,317.00 $8,242.00
For a ;listed above, pi : Engineering.
* This fee is subject to change without further notice. The amount to be
paid shall be that in effect at time of payment.
The following fees shall be paid or a security bond posted prior to ' ; a
building permit, if a security bond is posted, payment of the fees shall be made
prior to ' ~ a Certificate of Occupancy. Once payment is received in full
said security bond could be released to the applicant.
Traffic Mitigation= $5,940.00
-- Drainage Fee =$1,200.00
_ Resolution No. p.9 9 - 3 7
Page 12
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Pdorl ;a certificate of occupancy, a Covenant of Property Merger shall
be recorded consolidating the properties identified as APN's 323-270-19 & 22 into
one legal lot.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall be fire retardant as per U.F.C. 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 18 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 Department's
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: ~ by a central monitoring
company. System post ind :h tamper switch ~, are
to be located by the City Fire Marshal prior to installation.
An automatic fire alarm system shall be installed to approved standards by a
propedy licensed System shall be completely monitored by a U.L. listed
central stat' 3any or proprietary lion.
6. A 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 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.
-- Resolution No. P- 9 9- 3 7
Page 13
10.
11.
12.
13.
14.
Minimum 4A:60BC fire extinguisher(s) are required for 3,000 square feet and 75' of
travel distance.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub ' ~ in each building.
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.
Prior to delivery of combustible building matedal on site, water and sewer systems
shall satisfactorily pass all required tests and I: ~ to the publ :1
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 otl~ ~ion activity has been substantially completed
to the sat : the City.
NFPA Standard 704, Hazardous Materials Labeling, shall be provided
throughout the building.
Install a Knox padlock on the Golden Way gate to th
Safety Services.
the Director of
Resolution No. P- 99- 37
Page 14
APPROVED and ADOPTED by the City~e Ci..ty of Poway,
California, this 11th day of May, 1999. ~~ r~'-'
ATTEST: Michael~. Cafag~
LorttAnne Peoples, C~ty
State of
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury thatthe foregoing Resolution No. P 99-37 , was duly adopted bythe
City Council at a meeting of said City Council held on the 11th day of May, 1999, and that
it was so adopted by the following vote:
AYES: GOUDB¥, H[GG~NSON, CAFAGNA
NOES: EMERY, REXFORD
ABSTAIN: NONE
ABSENT: NONE
L~ri ~Anne Peoples, City Cl~rk
City of Poway