Item 6 - CUP 20-002 DR 20-004; Extention Request, to Redevelop & Expand United Oil; 12462 Poway Rd.August 4, 2020, Item #6DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway August 4, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Service~ Oda Audish, Associate Planner ClfJA.-858-668-4661 or oaudish@poway.org CITY COUNCIL Conditional Use Permit 20-002 and Development Review 20-004: a request to extend the expiration date of the previously approved Conditional Use Permit and Development Review to redevelop and expand the existing United Oil gas station and add a carwash and mini-mart located at 12462 Poway Road. On March 6, 2018, the City Council approved Conditional Use Permit (CUP)18-004 and Development Review (DR) 16-014 to redevelop and expand an existing gas station located at 12462 Poway Road in the Poway Road Specific Plan (PRSP) Commercial General (CG) district. A revision to the CUP and DR is requested to allow the developer two additional years to obtain grading and building permits for the project. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The project Applicant is Al Beaudette on behalf of United Pacific, who would operate the gas station. The owner of the 1.6-acre property is ARCP UO Portfolio 11, LP. The United Oil gas station occupies the southerly half of the project site while the northerly half is undeveloped. The existing development consists of six gas pumps and an approximate 1,125 square-foot building which houses the gas station attendant and an auto repair facility with two service bays. The site is bordered by Ramada Inn to the west, a vacant residentially zoned property to the north (currently under construction), an existing single-family residential development to the northeast, and Eldorado Collision Center to the east. Various commercial uses are located across Poway Road to the south. A location map is included as Attachment B. On March 6, 2018, City Council approved a request to redevelop the site and expand the gas station approximately 45 feet north into the undeveloped portion of the site as shown in Attachment C. All 1 of 25
August 4, 2020, Item #6existing structures would be demolished, and the existing auto repair use would not be reestablished. The new development would consist of a new 2,400-square-foot gas station mini-mart building and an attached 1,000-square-foot car wash. The car wash would be located behind the minimart and therefore not visible from the street. Two gas dispenser pumps would be added for a total of eight pumps that would all be located under a new 4,000-square-foot fueling station canopy. The maximum height is approximately 27 feet for both the buildings and the canopy. A new eight-foot high freestanding wall would be built along the new boundary between the expanded gas station and the remaining undeveloped portion of the lot. The proposed floor plan and building elevations are included as Attachments D and E respectively. Pursuant to the Poway Municipal Code (PMC), the approval of CUP 18-004 and DR 16-014 was valid for two years and was set to expire on March 6, 2020. Prior to the expiration date, an application was submitted for a modification to the CUP and DR that proposes to change the expiration date so that the CUP and DR will be valid for two additional years until March 6, 2022. No other changes to the CUP and DR are proposed and all conditions of CUP 18-004 and DR 16-014 will continue to be applicable except that additional conditions of approvals have been added, to reflect current state stormwater treatment requirements to capture trash at on-site storm drain inlets. Resolution Number P-18-04, approving CUP 18-004 and DR 16-014, is included as Attachment F. Environmental Review: On March 6, 2018, City Council found the project to be consistent with the PRSP as analyzed in the Environmental Impact Report prepared in conjunction with the PRSP pursuant to the California Environmental Quality Act (CEQA) and therefore, no further environmental analysis is required of the project. The biological impacts related to the project are adequately addressed by and consistent with the Poway Subarea Habitat Conservation Plan (PSHCP), the companion Implementing Agreement dated June, 1996, and associated Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR Fiscal Impact: None. Public Notification: A Notice for Public Hearing was published in the Poway News Chieftain on July 23, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution approving CUP 20-002 and DR 20-004 B. Zoning and Location Map C. Proposed Site Plan -Illustrative Site Plan D. Proposed Floor Plan E. Illustrative Building Elevations F. Resolution P-18-04, approving CUP 18-004 and DR 16-014 2 of 25
August 4, 2020, Item #6Reviewed/ Approved By: Wendyaserman Assistant City Manager 3 of 25 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
August 4, 2020, Item #6RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 20-002 AND DEVELOPMENT REVIEW (DR) 20-004; A MODIFICATION OF CUP 18-004 AND DR 16-014 TO EXTEND THE EXPIRATION DATE FOR THE UNITED OIL GAS STATION EXPANSION AND REDEVELOPMENT PROJECT AT 12462 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317-540-75 -00 WHEREAS, on March 6, 2018, the City Council approved Conditional Use Permit (CUP) 18-004 and Development Review (DR) 16-014 for United Oil; a proposal to redevelop and expand an existing gas station located at 12462 Poway Road in the Commercial General (CG) district of the Poway Road Specific Plan (PRSP). The project involves the demolition of all existing structures, the construction of a 2,400-square-foot gas station mini-mart building, a 1,000-square-foot car wash, a 4,000-square-foot fueling station canopy, and the addition of two gas dispenser pumps; WHEREAS, on March 4, 2020, Al Beaudette on behalf of United Pacific requested approval of CUP 20-002 and DR 20-004 for a modification of the previously approved CUP and DR described above that would extend the expiration date by two years to allow the applicant additional time to complete the grading and building permit processes for the project; WHEREAS, on August 4, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: In accordance with the California Environmental Quality Act (CEQA), the City Council on March 6, 2018 found the project to be consistent with the PRSP that was analyzed in the Environmental Impact Report (EIR) prepared in conjunction with the PRSP and therefore, no further environmental analysis is required of the project. The biological impacts related to the project are adequately addressed by and consistent with the Poway Subarea Habitat Conservation Plan, companion Implementing Agreement dated June, 1996, and associated Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR. SECTION 3: The City Council hereby approves CUP 20-002 and DR 20-004 as shown on the approved plans stamped "Exhibit A" and dated August 4, 2020 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. City Council Resolution P-18-04 remains in full force and effect except that the expiration date has hereby been extended by two years and Condition G-5 in Section 6 on page 5 of Resolution No. P-18-04 is amended as follows: 4 of 25 ATTACHMENT A
August 4, 2020, Item #65. Water Quality Control -Design and Construction Resolution No. 20-Page 2 The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code (PMC), and a signed PDF version. b. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. SECTION 4: The approval of CUP 20-002 and DR 20-004 will expire on March 6, 2022 at 5:00 p.m., except if prior to that time a Building Permit has been issued and construction has commenced on the property, or unless prior to the expiration a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 5 of 25
August 4, 2020, Item #6Resolution No. 20-. Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of August, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, Interim City Clerk 6 of 25
August 4, 2020, Item #60 120 240 ----7 of 25 co CB 480 Feet RR-A Subject Location: 12462 Poway Road MU CITY OF POWAY Zoning / Location Map Item: CUP20-002/DR20-004 ATTACHMENT 8
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August 4, 2020, Item #6RESOLUTION NO. P-18-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 18-004, AND DEVELOPMENT REVIEW (DR) 16-014 ASSESSOR'S PARCEL NUMBER 317-540-15 and -16 WHEREAS, Conditional Use Permit (CUP) 18-004 and Development Review (DR) 16-014 were submitted by Apro, LLC., Applicant/ ARCP UO Portfolio 11, LP., Owner, to expand an existing gas station and add a car wash located at 12462 Poway Road in the Planned Community-8 (PC-8) zone and the Poway Road Specific Plan (PRSP) Commercial General (CG) district. The project involves the demolition of all existing gas station and auto repair structures, the construction of a 2,400-square-foot mini-mart, a 1,000-square-foot car wash, a 4,000-square-foot fueling station canopy, and the addition of two gas dispenser pumps; and WHEREAS, on March 6, 2018, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: This project, which replaces an existing gas station, is consistent with the PRSP. An Environmental Impact Report (EIR) was prepared to analyze the impacts of the buildout of the PRSP, and the EIR was certified by the City Council on December 5, 2017. Technical studies were conducted, and the project was found to be consistent with the PRSP that was analyzed in the EIR and confirmed that no further environmental analysis is required or permitted pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163 because there are no substantial changes to either the project or the surrounding circumstances, nor any new information, that would allow subsequent or supplemental environmental review. The project's potential biological impacts are adequately addressed by and consistent with the City of Poway's Subarea Habitat Conservation Plan (HCP), companion Implementing Agreement dated June 1996, and associated Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR. Section 2: The undeveloped portion of the project site contains disturbed Coastal Sage Scrub (CSS) as shown on the maps prepared for the HCP and as confirmed by City staff. Implementation of the project will result in habitat impacts to approximately 0.43 acres of CSS. The proposed project complies with the HCP and HCP Implementing Agreement. In accordance with the HCP, the required findings for approval of the proposed mitigation for the removal of CSS for the project are as follows: A. The mitigation is consistent with, and furthers the implementing objectives of, the HCP in that the applicant will mitigate the removal of 0.43 acres of disturbed CSS at a 1 :1 ratio through the recordation of an off-site Biological Conservation Easement (BCE) within the Mitigation Area or the payment of an In-Lieu Fee at a rate established by the City. B. The off-site habitat mitigation or the cash in-lieu payment to go towards the purchase of mitigation habitat within the Mitigation Area will enhance the long-term viability and function of the preserve system. 13 of 25 ATTACHMENT F
August 4, 2020, Item #6Resolution No. P-18-04 Page 2 C. The mitigation will be to the long-term benefit of the covered species and their habitats in that an off-site BCE within the Mitigation Area will be recorded, or a cash In-Lieu Fee will be paid to go towards the purchase of land that will have undisturbed habitat on which a BCE will be recorded. Said land will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers, and wildlife corridors. D. The mitigation shall foster the incremental implementation of the HCP in an effective and efficient manner in that any off-site conservation area is required to be within an identified Mitigation Area within the City. E. The mitigation will not result in a negative fiscal impact with regard to the successful implementation of the Poway Habitat Conservation Plan. Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 18-004 to expand an existing gas station and add a car wash facility located at 12462 Poway Road in the CG district, are made as follows: A. The location, size, design, and operating characteristics of the proposed expanded use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that a gas station and car wash is allowed in the CG district with a CUP and the project has been designed consistent with design standards and guidelines of the PRSP. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the project consists of an expansion an existing gas station in an architectural style that is compatible with existing commercial development and the facility that will be operated similar to the existing facility. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the surrounding development, in that the project consists of expansion of an existing gas station and addition of a car wash, and the facility has been designed to comply with all of the development standards of the PRSP standards. D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable neighborhood characteristics in that the facility is located along the Poway Road commercial corridor, the architectural style is consistent with the designs guidelines called for in the PRSP, and the operation of the existing and proposed expanded facility will be similar. Noise generated by the car wash will not exceed noise levels allowed by the PMC. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that traffic generated by the proposed gas station expansion and new car wash is similar to the traffic generated by the existing gas station and auto repair facility, the car wash will have adequate on-site space for queuing, and the existing easterly driveway would be shifted east to address the potential for conflict between the use of two new gas pumps and cars entering and exiting the site. 14 of 25
August 4, 2020, Item #6Resolution No. P-18-04 Page 3 G. The site is suitable for the type and intensity of use and development in that the project site is already developed with a gas station with auto repair service bays along a commercial corridor. The addition of gas pumps and a car wash and elimination of the service bays will not result in a significant increase in traffic. H. There will not be significant harmful effects upon environmental quality and natural resources in that habitat impacts to the site will be mitigated in accordance with the City's HCP and the operations of the car wash will be conducted within the City noise standards in that the car wash will have automatic doors that close when the car wash is in use and an 8-foot high wall will provide further noise reductions. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed conditional use will comply with each of the applicable provisions of this title. Section 4: The findings for DR 16-014, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. The project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City in that it has been designed to be architecturally compatible and in scale with surrounding commercial development. B. The project has been designed to minimize impacts on surrounding development in that the design, and exterior finishes and colors are consistent with the PRSP standards and are compatible with the surrounding commercial buildings. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety, or welfare within the community since the proposed project operations of the proposed gas station facility will be similar to the existing facility and noise generated from the car wash will be within noise limits established by the PMC. D. The proposed development respects the public concerns for the aesthetics of development in that it will incorporate architecture consistent with the PRSP. E. The project will not have an adverse effect on the aesthetics, health, and safety, or an architecturally-related impact upon adjoining properties, in that the proposed development contributes to the aesthetics of the Poway Road area. F. The design of the proposed development is consistent with all elements of the Poway General Plan, as well as conforms to the applicable provisions of the Zoning Code and PRSP. 15 of 25
August 4, 2020, Item #6Resolution No. P-18-04 Page 4 Section 5: The findings, pursuant to Government Code Section 66020 for the public improvements, are needed as a result of the proposed development to protect the public health, safety, and welfare are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as shown on the project plans. C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 6: The City Council hereby approves CUP 18-004 and DR 16-014 to expand an existing gas station and add a carwash located at 12462 Poway Road in the PRSP Commercial General district, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP and DR request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 18-004 and DR 16-014 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. 16 of 25
August 4, 2020, Item #6Resolution No. P-18-04 Page 5 F. CUP 18-004 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Prior to grading, the applicant shall obtain a Grading Permit. Prior to issuance of a Grading Permit, the applicant shall comply with the following: 17 of 25 (Engineering) 1. The applicant shall complete a lot merger for all parcels and it shall be filed with the County Recorder. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 3. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All materials as required by Chapter 16.48 of the PMC shall be submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 4. Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 5. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the O&M plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. The project shall demonstrate compliance with the following as stated in the Uniform Closure Letter for APRO# 23 from the California Reginal Water Quality Control Board dated May 26, 2015:
August 4, 2020, Item #618 of 25 Resolution No. P-18-04 Page 6 All future construction on the project area must install post construction best management practices to control storm water runoff in compliance with the US Environmental Protection Agency Guidance Document: "Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act." 6. The grading plans shall include a note that any contaminated soil encountered or excavated as part of subsurface construction/utility work must be managed in accordance with the applicable legal and regulatory requirements. 7. Grading securities in the amount and form described in Section 16.46 of the PMC shall be posted with the City prior to grading plan approval. This will include a minimum cash security of $2,000 in all instances. 8. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $2,636. 9. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. A separate agreement, approved by the City Attorney, for the storm water treatment facilities installed directly above the public storm drain shall be approved and executed. 10. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. 11. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 12. Prior to removal of any trees a Tree Removal Permit shall be obtained, and tree replacements provided in compliance with PMC Chapter 12.32. Prior to removal of trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject trees for nests and report the findings in writing to the City. Should a nest be located, removal of the tree shall be delayed until such time as the nest( s) have been abandoned. 13. Pursuant to the HCP, the project is required to mitigate impacts to disturbed CSS. The mitigation shall be at a 1: 1 ratio. Mitigation will be met through an off-site Biological Conservation Easement (BCE) over 0.43 acres of similar quality, unencumbered CSS habitat located within the Poway Mitigation Area or the payment of an In-Lieu Fee at a rate established by the City.
August 4, 2020, Item #619 of 25 Resolution No. P-18-04 Page 7 14. In accordance with Condition Hof the Poway HCP Incidental Take Permit, a take of active California gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. The project site is located within 500 feet of CSS habitat. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services: a. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS,) are implemented. There is no guarantee that grading will be allowed to resume during nesting season. b. Before issuance of a Clearing/Grading Permit, if grading is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be graded and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active gnatcatcher nests are located in the area to be graded, or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. c. The scope of work shall explain the survey methodology for the biological survey and the proposed gnatcatcher nest monitoring activities during the clearing/grading operation. Should the report show, to the satisfaction of the Director of Development Services, that gnatcatcher nests are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the gnatcatcher nesting season from February 15 through July 1 . d. If gnatcatchers are nesting within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time. e. The biologist must attend the City's pre-construction meeting for the project and must be present on-site during all clearing/grading activities to monitor that the clearing/ grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s).
August 4, 2020, Item #620 of 25 Resolution No. P-18-04 Page 8 f. If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control, to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. g. The biologist shall provide the City with written confirmation that the limits of clearing/ grading are in accordance with the project's Biological Resource Assessment. h. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. 15. Pursuant to the recommendations in the Archeological Resources Survey Report, prepared by Brian F. Smith and Associates, Inc. and dated December 27, 2017, for the subject property, no significant cultural resources were identified on-site. However, due to the culturally sensitive location of the property and considering that most of the natural ground surface was not visible during the survey due to existing development or presence of native vegetation, cultural resource monitoring by a qualified archaeologist shall be provided during ground disturbing activities associated with the project (including, but not limited to, proposed on-site excavation, utility trenching, or construction of stormwater improvements). The purpose of the monitoring is to ensure that if buried cultural materials are present, they will be handled in a timely and proper manner. a. Prior to issuance of a grading permit, the applicant shall provide written verification that a certified archeological monitor has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archeologist to the City of Poway -Planning Division. b. The certified archeologist shall attend the pre-construction meeting with the contractors to explain and coordinate the requirements of the monitoring program. c. During the original cutting of previously undisturbed deposits, the archeological monitor shall be on-site as determined by the consulting archeologist to perform periodic inspections of the excavations. The frequency of inspections will depend upon the rate of excavation, the materials excavated, and the abundance of artifacts and features. d. Isolated and clearly non-significant deposits will be minimally documented in the field, so the monitored grading can proceed. e. In the event that previously unidentified cultural resources are discovered, the archeologist shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow for the evaluation
August 4, 2020, Item #621 of 25 Resolution No. P-18-04 Page 9 of potentially significant cultural resources. If appropriate, a Native American representative may be contacted to review any discovery associated with the prehistoric occupation of this area. The archeologist shall contact the City of Poway at the time of discovery. The archeologist, in consultation with the City, shall determine the significance of the discovered resources. The City must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archeologist and approved by the City before being carried out using professional archeological methods. If any human bones are discovered, the county coroner and lead agency shall be contacted. In the event the remains are determined to be of Native American origin, the most likely descendant, as identified by the Native American Heritage Commission, shall be contacted in order to determine proper treatment and disposition of the remains. f. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered, and features recorded using professional archeological methods for an adequate artifact sample for analysis. The archaeological monitor(s) in consultation with the City shall determine the amount of material to be recovered for adequate artifact sample for analysis. g. All cultural material collected during the monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent cu ration. h. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the City prior to the issuance of any building permits. The report shall include the required archeological forms, including but not limited to, the Department of Parks and Recreation Primary and Archaeological Site Forms. 16. Landscape and irrigation plans shall be submitted for review. The plans shall be approved prior to issuance of a building permit. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee
August 4, 2020, Item #6Resolution No. P-18-04 Page 10 worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. H. The applicant shall obtain a Building Permit prior to expanding the facility. Prior to issuance of a Building Permit, the applicant shall comply with the following: 22 of 25 1. The plans shall comply with the current addition of California Building Code, Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal to the Building Division for review. 2. The disabled access parking space shall meet the requirements of 118-208.3.1 of the California Building Code. The code section states: "Parking spaces complying with Section 118-502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with Section 11 B-206.4". 3. The applicant shall contact the Poway Unified School District (858-679-2570) to verify if school impact fees are required. If required, the fees shall be paid at the rate established at Building Permit issuance. 4. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. (Engineering) 5. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 6. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 7. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 8. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
August 4, 2020, Item #6Resolution No. P-18-04 Page 12 4. The applicant shall provide a detailed plan for all storage areas and a complete racking plan, when applicable. 5. In addition to other ventilation requirements, a Fire Department-approved mechanical ventilation system shall be installed when the indoor storage of vehicles or recreational vehicles occurs. 6. Northern access gate shall have a minimum unobstructed width of 12 feet when in the opened position. J. Prior to issuance of the Certificate of Occupancy: 23 of 25 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. Final revisions to the Preliminary Storm Water Quality Management Plan (SWQMP) and recordation will be required. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 5. The stormwater facilities shall be complete and operational prior to occupancy. 6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. 8. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. (Planning) 9. Landscaping shall be installed per the approved landscape plans. If applicable, an irrigation audit report shall be submitted, pursuant to Section 17.41.110 of the PMC.
August 4, 2020, Item #6Resolution No. P-18-04 Page 13 K. With the expansion of an existing gas station and the addition of a car wash, pursuant to CUP 18-004 and DR 16-014, the following shall apply: 1. The use of the facility shall be limited to activities as described in the application. 2. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding public streets. 3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. 4. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this Permit. 5. Any signs proposed for this development shall be designed and approved in conformance with the PMC and require the approval of a separate Sign Permit. 6. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. Section 7: The approval of CUP 18-004 and DR 16-014 shall expire on March 6, 2020, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP approval has commenced. Section 8: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 6th day of March 2018. Steve Vaus, Mayor ATTEST: 24 of 25
August 4, 2020, Item #6Resolution No. P-18-04 Page 14 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-18-04 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of March 2018, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 25 of 25 CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NONE NONE NONE Nancy N uiii. ~ity Clerk City of Poway