Res P-99-49RESOLUTION NO. P- 99-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 99-03
ASSESSOR'S PARCEL NUMBER 317-550-01
WHEREAS, Conditional Use Permit 99-03 was submitted by Jim Piva for the
purpose of establishing an equipment rental b lhin an existing building located
at 12823 Pomerado Road in the Community B and
WHEREAS, on June 29, 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 I 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 the project is Categorically Exempt Class 1 as an
existing facility under the p ' ' : CEQA.
The project' I with the General Plan in that it designates this site
for uses including the one proposed, with 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
project is being located on a property which ] buildings which
have housed such as contractors' b in the past.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be improved with the installation of
landscaping and other required changes which will bring the site into better
:h modern development standards.
Resolution No. P- 99-49
Page 2
o
That th ale public facilities, services, and utilities, because the
use will be located in a development where all necessary facilities are
already in place.
That there will not be a harmful effect upon desirable neighborhood
ch in that the facility is designated for the rental and storage of
smaller types of equipment, but will not include tractors, backhoes and other
large machines and fixtures.
That the g :traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate in an
area where existing street improvements and off-street parking will be
adequate given the scale of the proposed use.
That the site is suitable for the type and intensity of the use in that it is an
area designated for , public and semi-public uses due to its
local' lreet.
That there will not be significant harmful effects upon Iai quality
and natural There are no natural features remaining on the
property. It is not located within or adjoining a stream.
That there are no oth
cannot be mitigated.
negative impacts of the development that
ecision:
The City Council hereby approves Conditional Use Permit 99-03 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 :litionaliy 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
Resolution No. P-99-49
Page 3
annual review shall be set for a public hearing before the City Council to
consider modif :ion of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein. All
=action
,f Dev 99_
Revised site plans and building incorporating all conditions of approval
shall be submitted to the Development Services Department prior to '
building permits.
Approval of this request shall not 31iance with the Poway Road Specific
Plan, the Zoning Ordinance and all other applicable City ord ~[ect at the
time of building permit issuance.
A six-foot-high solid wood fence and optional solid wood gate shall be installed and
:t t' ' ~ purposes, from the north property line to the northwest
corner of the building. The chain link fencing and gate shall be removed from the
front of the property. It may be relocated between the two buildings with approval
from the Poway Development $ ~ Safety Services Departments.
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. All wash-down facilities shall be plumbed to an approved
3arator system and to the public sewer. Any use of the building for spray
painting by any occupant shall require the installation of an approved paint spray
booth.
Trash receptacles shall b :l with' : high masonry wall with view-
obstructing gates pumuant to City standards. Location shall be subject to approval
by the Development Services Department prior to occupancy.
The buildings shall be painted with colors approved by the Development Services
Department in with the Poway Road Specific Plan, prior to the
installation of any signs.
Resolution No. P-99-49
Page 4
Signs shall be approved and permitted by the Poway Development Services
Del: :ler a separate permit p ' lation.
This approval shall b II and void if building I:
project within two years from the date of project approval.
: issued for this
P AND V :ESS
10.
The parking lot shall be slurry sealed and all parking spaces shall be double striped.
The parking lot design shall comply with the A Ih Disabilities Act, i.e., a
1:25 ratio t' 31e spaces with at least 31e space.
IG
11.
A detailed landscape and irrigation plan shall be submitted to and approved by the
Development Services Department prior to th "building permits. Plans
shall be prepared in accordance with the ~
ents (latest edition).
12.
All landscaped areas shall be
from weeds, trash and debris.
:1 in a healthy and thriving condition, free
13.
Street I ' ' : 15 gal' larger, planted at an average of 30 feet
on center spacing along Pomerado Road, and including woody shrubs, ground
~, and ' ' '3ation system, shall be installed in accordance
with the City of Poway Guide to Landscape Req prior to occupancy.
14.
Landscaped areas within the adjacent public right-of-way shall be permanently and
fully planted and J by the property owner.
PAVING AND DRAINAGE
15.
The applicant shall implement all necessary to prevent pollutant or
hazard runoff into the public storm drain system which might result from
the operation of the business. A "Best Management Practice" program for the
:the parking lot, including monitoring and cleaning of the private on-
site catch basins and storm drains, shall be undertaken in accordance with the
National Pollutant Discharge Elimination System regulations. Periodic inspections
by City of Poway staff will ascertain compliance with this requirement. In the event
that d ' ' in the BMP program are noted, additional mitigation shall be
required to be completed upon notice.
Resolution No. P- 99-49
Page 5
16.
The rental equipment shall not be washed directly upon the parking lot pavement
and into the catch basins. A separate wash facility shall be provided for such
purpose. The runoff may be conveyed to the sewer after being clarified. An
Industrial Waste Permit from the San Diego Metropolitan Sewer District may be
required for discharge into the sewer system.
UTILITIES/FIXTURES
17.
Due to the building from the current use to an equipment rental business
and the need for an equipment wash area, additional sewer fixture units for the
different spaces may be required. The fixture units may constitute an additional
fee. Therefore, the applicant shall submit information regarding
the total number of the required fixture units for the proposed business to the
Engineering Division for review. The appropriate fee, if any, shall be paid pdor to the
start of the business. The sewer lateral and cleanout '
18.
There is an existing
The applicant shall vedfy the size and adequacy of the existing imp
following tabl' ' ' the current water fees to b
of the need 1' ;)grade:
Cost Service*
1 inch $ 270 $1,430.00
1.5 inch $ 600 Cost
2 inch $1,775 Cost
:1 service to the property on Pomerado Road.
The
*No fee if installed by applicant due to the upgrade.
:1 in the event
19.
A permit is required prior to any work to be performed in the public right-of-way on
Pomerado Road, including any trenching work. The appropriate right-of-way permit
fee shall be paid to the Engineering Division.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
20. Install a 2A10BC fire extinguisher in the off'
shop area.
21. No cutting or welding inside the occupancy.
22. Place a sign above the front door bulkhead stating, "This door shall 'zed
during business hours."
City staff shall refund $1,200.00 of the Conditonal Use Permit fee to the applicant.
Resolution No. P- 99-49
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of June, 1999.
ATTEST:
Lori JAnne Peoples, C~ty Cl&rk
Michael P. Cafagna,~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
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- 99-49 , was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of June, 1999, and that
it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Goldby, Rexford, Cafagna
None
None
Emery, Higginson
nne Peoples,
City of Poway
City Clerk