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Res P-99-41 RESOLUTION NO. P-99-41'"~.~.bO~.p. Oi'~°~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 99-03 AND DEVELOPMENT REVIEW 99-06 ASSESSOR'S PARCEL NUMBER 317-190-15, 16, 17, 18, 20, 28 and 39 WHEREAS, Minor Conditional Use Permit 99-03 and Development Review 99-06, submitted by First Amedca /~ 3plicant, requests approval to construct an auto dealership on a 3.63 acre property located at 13741-13761 Poway Road within the ,~ General C zone. The project I a 22,550 square foot new car sh building and a 1,572 square foot detached used car showroom building. A :litional use permit approval is requested for th 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 b that complies with Section 66020 WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Se The City Council hereby issues a Negative C indicating no significant adverse addition of special requirements to the project. with Mitigation Measures impacts anticipated due to the ~nditional Use Permit 99-03 The project' l with the Poway Road Specific Plan and the Poway General Plan in that auto repair and service uses are allowed within the Automotive General C zone with the approval of a minor conditional use permit. That the location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, building , or natural in that the auto -- Resolution No. P- 99-41 Page 2 service operation will be conducted within a building designed to buffer noise from the residential neighborhood to the south. That the scale, bulk, coverage, and density' : with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and development guidelines for projects. That there are available public facilities, services, and utilities to serve the use. That there will not be a harmful effect upon desirable neighborhood ch ' ' in that an 8-foot high masonry wall is required along the southerly property line to buffer the use from the residential neighborhood to the south and all repair and 'k will be completed within a building. That the G :traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the trail' generated by th be readily handled by the existing roadways. That the site is suitable for the type and intensity of use and development proposed in that ti; designated 1' use and the project will require that an 8-foot high masonry wall be constructed along the southerly property line to buffer the use from the residential neighborhood to the south and all repair and 'k will be completed within a building. That there will not be significant harmful effects upon the quality and natural ' that the partially developed subject property will be completely redeveloped and the use will operate within a building designed I ~ ' :1 repair use. That th :h mitigated. : impacts of the proposed use that cannot be 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. __ Resolution No. P- 99-41 Page 3 The development is in compliance with the City of Poway development standards. The development encourages the orderly and h appearance of structure and property within the City through ! with the Zoning Ordinance, the Poway Road Specific Plan and the Poway General Plan which provides high standards for development. The City Council hereby approves Minor Conditional Use Permit 99-03 and Development Review 99-06 subject to the following conditions: Within 30 days of approval, (a) the applicant shall submit in writing that all conditions of approval have been read and understood, (b) the property owner shall Covenant Regarding Real Property. Conditions which constitute mitigation req an asterisk (*). designated by the use of 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 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 add that may h ,l during the past year. If the permit is not in compliance with the conditions of approval, or the Development Services Department h :1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. 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 shall be Iow pressure sodium with overall wattage kept to a minimum in areas closest to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow I; :lium light requirement. Th height of freestanding light posts shall not exceed 18 feet. Resolution No. P-99-4! Page 4 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 ~ :lible to the surrounding residents. All repair and ( shall be conducted within work bays. Mechanical equipment shall be sound buffered 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. Th ~all not be opened for b Sundays. No vehicles are permitted to be road tested within the residential neighborhood to the south. D lall be restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday. 8. Employee parking shall be prohibited within the residential neighborhood. APPLICANT SHALL CONTACT THE PLANNING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS. E Conditions which constitute mitigation req ' an asterisk (*). designated by the use of Site shall be developed in accordance with the approved plans on file in the Development Services Department and the condir :1 herein. The Poway Road elevation of th 3owroom building plans are approved as follows: a) The exterior finish of the entry rotunda and the 12" x 12" acccent wave band may be metal, b) The color of the rotunda and accent band may be "Honda" blue. The appropriate Building Division approvals and fees shall be received prior to building permit issuance. All new utilities shall be installed underground. Completion of undergrounding shall be prior I ; a Certificate of Occupancy. Resolution No. P- 99-41 Page 5 o 10. 12. 13. 14. School impact fees which are presently $.33 per square foot of assessable area, shall be paid prior 1 I building permits. Approval of this request shall not ord' :l all other applicable City ord' permit issuance. 31lance with all ~ the zoning effect at the time of building The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and ail other applicable codes and ord fect at the time of building permit issuance. A slump block wall, ' ' : eight feet in finished height when measured from the interior of the dealership property, shall be :l along the southerly property line prior to certificate of occupancy. Trash receptacles shall be enclosed by six-foot-high masonry walls with view- obstructing gates pursuant to City standards. L 3all be subject to approval by the Development Services Department prior to building permit issuance. All roof appud :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. Wash bays and all :1 with 3all be designed to drain to sumps containing :l separator systems which will adequately remove waste byproducts. Th ' ' ~ water will be plumbed to the publ' .¢stem. Design details shall be required upon building plan check submittal. Complete landscap d 3all be submitted to and approved by the Development Services Department prior to th ~ building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). This is a separate permit submittal to the Poway Development Services Department and a separate plan check from the building. A shall I; :1 along the inside and outside of the landscape planter proposed along the easterly property line to define and contain the landscaping soil. Landscaped areas within the adjacent public right-of-way shall be permanently and fully J by the property owner. __ Resolution No. P- 99 - 41 Page 6 15.* 16. 17. 18. 19. 20. 21. Prior to grading permit issuance, the hazardous materials clean-up shall be completed in accordance with the Woodward-Clyde report on file in the Development Services Department and post clean-up testing has been certified by the County Hazardous Management Department. All landscaped areas shall b :1 in a healthy and thriving condition, free from weeds, trash and debris. The trees shall b ]ed and allowed to retain a natural form. Pruning should be restricted I ' the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. All signs proposed for this project shall be designed and approved ' with the Poway Sign Ordinance. A ' ' "one parking stall per 400 square feet of gross floor area is required for the project. Each of the required parking spaces shall have minimum d' ~8.5' x 18.5'. Project driveway entrances shall be enhanced with enriched paving. All parking lot landscaping shall include a ' ' I one 15-gallon size tree for every three spaces. For parking lot island'' ' 12-inch wide walk adjacent to parking stalls shall be provided and be separated from veh by a 6- inch high, 6-inch wide Portland ~. All two-way 1 lall be a ' ' f 25 feet wide. A minimum 25-foot wide emergency access shall be provided and maintained free and clear at all times during construcl' lance with Safety Services Department req 22. This approval shall become null and void if building two years from the date of this approval, not issued within APPLICANT SHALL CONTACT THE ENGINEERING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS. DEVELOPMENT Permit and plan check fees shall be paid upon submittal of the grading plan. Development fees, including but not limited to, d :1 irrig I ' ' ;~ l, and sewer inspection fees shall be paid prior to building permit issuance. Resolution No. P~ 9 9 - 41 Page 7 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 Development Services Department 1' :1 approval prior to ' I a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Development Services inspector's approval prior I I a building permit. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurl' lall 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. All new slopes shall be a I2:1 (horizontal to vertical). There shall be a 5-foot between toe of slope and face of curb. 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 1 : building permits. E lrol, including but not limited to desiltation basins, shall be installed and J from Oct. 15th to Apd115th. A 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 proper maintenance of all erosion control devices throughout their intended life. EWALKS All pavement structural sections shall be submitted to, and approved by the City Engineer. Pavement sections shall conform to the ' ' required by the Poway Municipal Code Section 12.20.080. This includes the street, as well as the parking lot pavement. Resolution No. P-9 9 - 41 Page 8 All existing un-used driveways to the property shall be removed, and full curb, gutter, and sidewalk shall be restored to the City of Poway's standards. Weed and vegetation growth along the curb on Gate Drive shall b the use of special weed killers, or other approved methods. ~ by All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvement, to the sa! : 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 Engineering Services Division and appropriate fees paid, in addition to any permit required. All proposed driveways to the site shall be alley apron type entries per Regional Standard Drawing G-17 with handicap ramps on both sides. The proposed water and for the new facility shall be made on Gate Drive, if possible, to avoid trenching and Poway Road. A : light shall be provided by the developer on Gate Drive and on Poway Road per the City of Poway standards, at locations along the property frontage as approved by the City Engineer. DRAINAGE AND FLOOD CONTROL Intersection drains shall be required at locations specified by the Director of Development S ~t 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 :1 ~uired by the Director of Development Services to propedy handle the drainage. 3. Concentrated fl driveways and/or sidewalk shall not be permitted. 4. On site valley gutters shall b ' ' : 3' wide. No parking space shall be allowed within City's easements unless otherwise approved by the Director of Development Services. _ Resolution No. P- 99-41 Page 9 7. 8. 10. 11, · Applicant shall comply with City of Poway, State and Federal Regulations in regards to Storm Water Pollution control. 'HERS 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 relocation and undergrounding of existing public utilities as required. W the req Health. :1 fire p ./stem shall be designed and ,1 to meet ~ the City of Poway and the County of San Diego Department of The need for the new fire hydrants will require the preparation of a water system analysis to establish the prop :1 location of the public water system. The applicant shall pay to the City the cost of the preparation prior to the submittal of the grading plan. Water System Analysis 1' follows, and they may change at any time without p One Fire Service Two Fire Service More than Two Fire S _ looped Onsite System $1,250.00 $1,850.00 $2,800.00 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, Prior to building permit' 3prop the City's Engineering Division. These f to change: :1 sewer fees shall be paid to tly in effect and are subject Sewer C Fee =$53,599.00 (Based on a total of 91 fixture units) -- Resolution No. P- 99 - 41 Page 10 Sewer Cleanout Sewer Inspection Sewer Line Charge 50.00 / lateral 25.00 / lateral 7,600.00 (1' 8,000.00 Gate Drive) Poway Road) Corresponding sizes for water meters ( not less than one inch in size) shall be determined by the applicant/developer. Depending on the size of to be installed, the fees shall be the following: Cost .Lateral** 1" $270.00 $1,430.00 $6,678.00 $2,536.00 1.5" $600.00 Cost $10,388.00 $4,755.00 2" $1,775.00 Cost $16,694.00 $8,242.00 For a proposed meter size not listed above, please contact the Engineering Division. *This fee is subject to change without further notice. Applicable only 1 for d The amount to be paid shall be that in effect at time of payment. ** No fee if installed by developer. The following fees shall be paid or a security bond posted prior to issuance of 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 Drainage Fee =$23,083.50 =$1,200.00 4. The seven lots shall be merged into one lot b ' pancy is granted. TRAFFIC ENGINEERING The applicant shall provide a traffic analysis and report to address existing and proposed development conditions to the Development Services Department. The report will include project trip generation, distribution, and a traffic signal analysis of th : Poway Road and Gate Drive. The report will identify the cost of a traffic signal and percentage of project trips in th The applicant will deposit with the City, funds sufficient to cover the project's pre rata share of said cost pdor to certificate of occupancy. If a traffic signal is not :1 within 10 Resolution No. P-99 - 41 Page 11 years of project approval, the deposit shall be retumed to the property owner upon request. The traffic analysis and report shall includ = site ingress and egress from Poway Road with ~ations for safe access. The site grading and improvement plan shall incorporate th :lations. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display th ' ~d 31e from the access street, tv1' ' :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 ~ways 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: :1 by a central monitoring company. System post ind lh tamper switches, :1, are to be located by the City Fire Marshal prior to installation. 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 ~ site at the start of and :1 at all times until construction is completed. Permanent ~ways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Resolution No. P- 99- 41 Page 12 Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 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 sub ~ 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 I: :1 to the public water and 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 :tion activity has been substantially completed to the sal "the City. 13. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 14. An fire alarm system shall be installed to approved standards by a propedy licensed contractor. System shall be completely monitored by a U.L. listed central 3any or proprietary APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS. The parcel is located within Landscape M ' ' District 86-3B. -- Resolution No. P- 99-4:1 Page 13 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 18th day of May, 1999. ATTEST: nne Peoples, Michael P. Cafagl r 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, that the foregoing Resolution No. P- 99- 4 ], was duly adopted by the City Council at a meeting of said City Council held on the 18th day of May, 1999, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~n%i Peo~ples, City C~lerk City of Poway