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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