Item 1 - Second Reading and Adoption of Ordinance Nos. 619 and 620AGENDA REPORT SUMMARY °�� OF_P°�r
TO: Honorable Mayor and Members of the City Council ° c —
E .w let
pY I,C••THE COBS
FROM: James L. Bowersox, City Mana e -
INITIATED BY: L. Diane Shea, City Clerk f1%
DATE: May 31, 2005
SUBJECT: Ordinance No. 619 and Ordinance No. 620 — Changing the zoning designation on an
approximate 0.2 -acre portion of the site located at the southwest corner of
Community Road and Hilleary Place from Commercial Office to Residential
Apartment; and Approving Specific Plan 05 -01 for an affordable housing project
located at the southwest corner of Community Road and Hilleary Place. APNs: 317-
101-24, 25 and 26
ABSTRACT
On May 17, 2005, the City Council (a) introduced and had the first reading of Ordinance No. 619,
entitled "An Ordinance of the City of Poway, California, Approving Zone Change (ZC) 05 -01 to
Change the Zoning Designation on an Approximate 0.2 -Acre Portion of the Site Located at the
Southwest Corner of Community Road and Hilleary Place from Commercial Office to Residential
Apartment. Assessor's Parcel Numbers 317 - 101 -25 and 26;" (b) introduced and had the first reading
of Ordinance No. 620, entitled "An Ordinance of the City of Poway, California, Approving Specific Plan
05 -01 for an Affordable Housing Project Located at the Southwest Corner of Community Road and
Hilleary Place from Commercial Office to Residential Apartment, Assessor's Parcel Numbers: 317-
101-24 and 25;" and considered (c) Environmental AssessmenUMitigated Negative Declaration,
General Plan Amendment 05 -01 and Development Review 05 -05; and (d) Development Review 05 -06
and Variance 05 -01. All Councilmembers were present at the first reading. Public testimony was
received from 19 people. Staff recommends approval.
report is not subject to
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Powav News Chieftain prior to the first reading of the Ordinance.
RECOMMENDATION
That the City Council (a) waive further reading and adopt Ordinance No. 619 (roll call vote), (b) waive
further reading and adopt Ordinance No. 620 (roll call vote), (c) adopt Planning Resolution approving
General Plan Amendment 05 -01, Development Review 05 -05 with conditions, and (d) adopt Planning
Resolution approving Development Review 05 -06 and Variance 05 -01.
ACTION
45
May 3T,-2005, Item # I
CITY OF POWAY
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City ManaM,
INITIATED BY: L. Diane Shea, City Clerk 0
DATE: May 31, 2005
SUBJECT: Ordinance No. 619 and Ordinance No. 620 — Changing the zoning designation
on an approximate 0.2 -acre portion of the site located at the southwest corner
of Community Road and Hilleary Place from Commercial Office to Residential
Apartment; and Approving Specific Plan 05 -01 for an affordable housing
project located at the southwest corner of Community Road and Hilleary
Place. APNs: 317 - 101 -24, 25 and 26
BACKGROUND
On May 17, 2005, the City Council (a) introduced and had the first reading of Ordinance No. 619,
entitled "An Ordinance of the City of Poway, California, Approving Zone Change (ZC) 05 -01 to
Change the Zoning Designation on an Approximate 0.2 -Acre Portion of the Site Located at the
Southwest Corner of Community Road and Hilleary Place from Commercial Office to Residential
Apartment. Assessor's Parcel Numbers 317 - 101 -25 and 26;" (b) introduced and had the first
reading of Ordinance No. 620, entitled "An Ordinance of the City of Poway, California, Approving
Specific Plan 05 -01 for an Affordable Housing Project Located at the Southwest Corner of
Community Road and Hilleary Place from Commercial Office to Residential Apartment, Assessor's
Parcel Numbers: 317 - 101 -24 and 25;" and considered (c) Environmental Assessment/Mitigated
Negative Declaration, General Plan Amendment 05 -01 and Development Review 05 -05; and (d)
Development Review 05 -06 and Variance 05 -01. All Councilmembers were present at the first
reading. Public testimony was received from 19 people. Staff recommends approval.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA.
FISCAL IMPACT
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice was published in the Poway News Chieftain prior to the first reading of the Ordinance.
2 of 45 May 31, 2005, Item #-4—
Agenda Staff Report
May 31, 2005
Page 2
RECOMMENDATION
That the City Council (a) waive further reading and adopt Ordinance No. 619 (roll call vote), (b)
waive further reading and adopt Ordinance No. 620 (roll call vote), (c) adopt Planning Resolution
approving General Plan Amendment 05 -01, Development Review 05 -05 with conditions, and (d)
adopt Planning Resolution approving Development Review 05 -06 and Variance 05 -01.
JLB:LDS
Attachments: 1) Ordinance No. 619 for ZC 05 -01
2) Ordinance No. 620 for SP 05 -01
3) Planning Resolution for GPA 05 -01 and DR 05 -05
4) Planning Resolution for DR 05 -06 and VAR 05 -01
3 of 45 May 31, 2005, Item # —I_
ORDINANCE NO. 619
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING ZONE CHANGE (ZC) 05 -01 TO CHANGE THE ZONING DESIGNATION
ON AN APPROXIMATE 0.2 -ACRE PORTION OF THE SITE LOCATED AT THE
SOUTHWEST CORNER OF COMMUNITY ROAD AND HILLEARY PLACE FROM
COMMERCIAL OFFICE TO RESIDENTIAL APARTMENT.
ASSESSOR'S PARCEL NUMBERS: 317 - 101 -25 AND 26
WHEREAS, Chapter 17.06 of Title 17 (Zoning Development Code) of the Poway
Municipal Code provides the requirements for the establishment and amendment of
zoning districts; and
WHEREAS, ZC 05 -01 is proposed by the Poway Redevelopment Agency and
Community Housing Works to change the zoning on an approximate 0.2 acre portion of
the site located at the southwest corner of Community Road and Hilleary Place
intersection from Commercial Office to Residential Apartment; and
WHEREAS, on May 17, 2005 and May 31, 2005, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Ordinance. The subject EIS and MND documentation are
fully incorporated herein by this reference. The City Council finds, on the basis of the
whole record before it, that there is no substantial evidence the project will have a
significant impact on the environment, that the mitigation measures contained in the EIS
and Exhibit A hereof, will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgment and analysis of the City. The
City Council hereby approves the MND and the associated Mitigation Monitoring
Program attached to this Resolution as Exhibit A.
Section 2: The City Council hereby approves ZC 05 -01, a change of zone concerning
an approximate 0.2 -acre portion of subject site located at the southwest corner of
Community Road and Hilleary Place (APNs 317 - 101 -25 and 26) from CO to RA as
shown on Exhibit B.
Section 3: This Ordinance shall not be codified.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of this passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
4 of 45 ATTACHMENT 1 May 31, 2005, Item #—L_
Ordinance No. 619
Page 2
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 17th day of May 2005 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 31st day of May 2005, by the following roll
call vote.
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
5 of 45 May 31, 2005, Item #_L-
Ordinance No. 619
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
Community Road Housing and Office Project
General Plan Amendment 05 -01, Zone Change 05 -01, Specific Plan 05 -01,
Development Review 05 -05, Development Review 05 -06, and Variance 05 -01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This Mitigation Monitoring Program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non - compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non - compliance
situations, which may occur subsequent to project construction, will be addressed on a
case -by -case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
6 of 45 May 31, 2005, Item #__�_
Ordinance No. 619
Page 4
Topic
Mitigation Measure
Timing
Responsibility
Biology
Prior to the removal of any
Prior to the
Applicant
Eucalyptus tree on -site during the
removal of
recognized nesting season for
any tree.
raptors, a qualified professional shall
evaluate the subject tree(s) for a
raptor nest(s) and report the findings
in writing to the City. Should a
nest(s) be located, the tree removal
shall be delayed until such time as
the nest(s) have been abandoned.
Prior to the issuance of a Grading
Prior to
Applicant
Permit, the applicant shall mitigate
issuance of
for the impacts to 1.38 acres of non-
Grading
native grasslands at the ratio 1:1.
Permit.
Mitigation shall be satisfied by
payment of an in -lieu fee.
The applicant shall implement Best
During
Applicant
Management Practices during
construction
construction, such as erosion and
sediment control, and the diversion of
water to desiltation basins, to the
satisfaction of the City Engineer.
Prior to the issuance of a Grading
Prior to the
Applicant
Permit, the applicant shall submit
issuance of a
Hazardous
documentation that the project has
Grading
Materials
complied with all San Diego County
Permit
Department of Environmental Health
regulations, to the satisfaction of the
Director of Development Services.
Prior to the issuance of a Building
Prior to
Applicant
Permit, the applicant shall submit a
issuance of a
Noise
study prepared by a qualified
Building
professional which assesses interior
Permit
noise, pursuant to City standards, for
those units which face the street and
identifies mitigation measures if
necessary. Any noise mitigation
measures shall be incorporated into
the building plans for those units prior
to the issuance of a Building Permit.
7 of 45 May 31, 2005, Item #-4—
ORDINANCE NO. 620
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
APPROVING SPECIFIC PLAN 05 -01 FOR AN AFFORDABLE HOUSING PROJECT
LOCATED AT THE SOUTHWEST CORNER OF COMMUNITY ROAD AND
HILLEARY PLACE FROM COMMERCIAL OFFICE TO RESIDENTIAL APARTMENT
ASSESSOR'S PARCEL NUMBERS: 317 - 101 -24 AND 25
WHEREAS, Chapter 17.47 (Specific Plan regulations) of Title 17 (Zoning
development Code) of the Poway Municipal Code provides for the requirements for the
initiation, preparation, and adoption of Specific Plans in accordance with Section 65450,
et. seq., of the California Government Code (Article 8, Specific Plans); and
WHEREAS, SP 05 -01 is proposed by the Poway Redevelopment Agency and
Community Housing Works to establish a dwelling unit density bonus and development
standards for an affordable housing project located at the southwest corner of
Community Road and Hilleary Place intersection; and
WHEREAS, SP 05 -01 is a Specific Plan which would implement the Affordable
Housing overlay for the subject site by providing a 12% dwelling unit density bonus,
which equates to 6 additional units that would otherwise be permitted under the
underlying Residential Apartment zoning, as provided for under Section 17.08.200 of
the Poway Municipal Code and State law; and
WHEREAS, SP 05 -01 would also provide regulatory concessions for the project,
as provided for under Section 17.08.200 of the Poway Municipal Code and State law
and as described in the project staff report.
WHEREAS, on May 17, 2005 and May 31, 2005, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Ordinance. The subject EIS and MND documentation are
fully incorporated herein by this reference. The City Council finds, on the basis of the
whole record before it, that there is no substantial evidence the project will have a
significant impact on the environment, that the mitigation measures contained in the EIS
and Exhibit A hereof, will mitigate potentially significant impacts to a less than significant
level, and that the MND reflects the independent judgment and analysis of the City. The
City Council hereby approves the MND and the associated Mitigation Monitoring
Program attached to this Resolution as Exhibit A.
Section 2:
Section 3:
8 of 45
The City Council hereby approves SP 05 -01 as shown on Exhibit B.
This Ordinance shall not be codified.
ATTACHMENT 2 May 31, 2005, Item #�_
Ordinance No. 620
Page 2
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
(30) days after the date of this passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 17th day of May 2005 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 31st day of May 2005, by the following roll
call vote.
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
9 of 45 May 31, 2005, Item #_I_
Ordinance No. 620
Page 3
EXHIBIT A
MITIGATION MONITORING PROGRAM
VI. Community Road Housing and Office Project
General Plan Amendment 05 -01, Zone Change 05 -01, Specific Plan 05 -01,
Development Review 05 -05, Development Review 05 -06, and Variance 05 -01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This Mitigation Monitoring Program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non - compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non - compliance
situations, which may occur subsequent to project construction, will be addressed on a
case -by -case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
10 of 45 May 31, 2005, Item # i
Ordinance No. 620
Page 4
Topic
Mitiqlation Measure
Timina
Res onsibilit
Biology
Prior to the removal of any
Prior to the
Applicant
Eucalyptus tree on -site during the
removal of any
recognized nesting season for
tree.
raptors, a qualified professional
shall evaluate the subject tree(s)
for a raptor nest(s) and report the
findings in writing to the City.
Should a nest(s) be located, the
tree removal shall be delayed until
such time as the nest(s) have been
abandoned.
Prior to the issuance of a Grading
Prior to
Applicant
Permit, the applicant shall mitigate
issuance of
for the impacts to 1.38 acres of
Grading
non - native grasslands at the ratio
Permit.
1:1. Mitigation shall be satisfied by
payment of an in -lieu fee.
The applicant shall implement Best
During
Applicant
Management Practices during
construction
construction, such as erosion and
sediment control, and the diversion of
water to desiltation basins, to the
satisfaction of the City Engineer.
Hazardous
Materials
Prior to the issuance of a Grading
Prior to the
Applicant
Permit, the applicant shall submit
issuance of a
documentation that the project has
Grading Permit
complied with all San Diego
County Department of
Environmental Health regulations,
to the satisfaction of the Director of
Noise
Development Services.
Prior to
issuance of a
Applicant
Prior to the issuance of a Building
Building Permit
Permit, the applicant shall submit a
study prepared by a qualified
professional which assesses interior
noise, pursuant to City standards, for
those units which face the street and
identifies mitigation measures if
necessary. Any noise mitigation
measures shall be incorporated into
the building plans for those units prior
to the issuance of a Building Permit.
11 of 45 May 31, 2005, Item #_L_
Ordinance No. 620
Page 5
Exhibit B
Community Road Housing
Specific Plan 05 -01
CONTENTS
I.
INTRODUCTION
6
II.
AUTHORITY AND SCOPE
6
III.
PROJECT DESCRIPTION
6
IV.
RELATIONSHIP TO THE POWAY GENERAL PLAN AND
7
MUNICIPAL CODE
V.
LAND USE AND DEVELOPMENT STANDARDS
7
VI.
IMPLEMENTATION PROCEDURES
11
VII.
ENVIRONMENTAL REVIEW
11
VI11.
AMENDMENT PROCEDURES
11
12 of 45 May 31, 2005, Item #_�—
Ordinance No. 620
Page 6
I. INTRODUCTION
In 1992, the City of Poway began a process to identify sites that would assist the
City in meeting its local and regional share of affordable housing units. Staff first
established criteria for evaluating potential sites. The criteria included proximity
to food stores, public transit and medical facilities. The zoning of the parcel was
not a major factor in the site evaluation and as a result selected parcels could be
residentially or commercially zoned. As such, the program also required that a
specific plan be created in association with a development plan on any of the
selected sites. The Specific Plan would detail, for a specific site, development
standards and density for the project.
The City's Redevelopment and Housing Committee held public hearings on 36
potential affordable housing sites. Each site was assigned a classification as to
whether it was to serve a senior or family population. This Specific Plan has
been prepared to comply with the guidelines of the affordable housing program.
It addresses a plan to construct a 56 -unit affordable, working families housing
development with a permitted density of up to 25 units per acre.
II. AUTHORITY AND SCOPE
Section 65450, et seq. of the California Government Code enables local
governments to adopt specific plans for the systematic implementation of their
general plans. The code requires that specific plans be consistent with the
agency's general plans. It is the intent of this specific plan to define appropriate
land uses and development standards necessary to ensure that the development
of the subject parcels is transitional, compatible, and sensitive to the surrounding
standards.
111. PROJECT DESCRIPTION
The project is a joint proposal by the City of Poway Redevelopment Agency and
the Community Housing Works, a non - profit housing developer, to develop a 56-
unit affordable apartment housing project on a site located at the southwest
corner of Community Road and Hilleary Place.
The site is comprised of 4 contiguous lots, which have a combined size of
approximately 4.9 acres. The Poway Redevelopment Agency currently owns, or
will ultimately own, the entire site. Approximately 3 acres of the site is
developable and proposed for residential and commercial development. The
remaining portion of the site is within the floodway of Rattlesnake Creek, and is
not proposed for development. The current lot lines on the site will be
reconfigured to be in alignment with the commercial, housing, and
floodway /undevelopable portions of the site.
13 of 45 May 31, 2005, Item #_�_
Ordinance No. 620
Page 7
The site has 3 different General Plan /zoning designations. The floodway portion
of the site, which is not proposed for development, has a General Plan and
zoning designation of Rural Residential C (RR -C). The 2.8 -acre developable
portion of the site is currently zoned Commercial Office (CO) as is the 0.6 acres
at the street intersection. The remaining 2.2 acres is Residential Apartment
(RA). As part of the project, a General Plan /zoning designation change is
requested to change 0.2 acres of the CO property to RA. The reconfigured lot
lines for the proposed office and housing will be in alignment with the General
Plan /zoning designation boundary lines.
The housing component of the project will be on a reconfigured, approximately
2.5 -acre, separate lot. A commercial office will be built on the corner parcel and
is part of the project, but not a part of this Specific Plan. The remnant portion of
the site, which is situated within the floodway, will be comprised of 2 lots
approximately 2 acres in size and will remain undeveloped. The housing
component of the project involves construction of 56, two -story apartment units in
6 buildings, 90 parking spaces (56 of which will be covered with a carport), and a
2,161- square -foot community building for the use of residents.
The project proposes a dwelling unit density bonus and regulatory concessions,
as provided for under the Poway Municipal Code and State law, via a Specific
Plan described in detail in Section V.
IV. RELATIONSHIP TO THE POWAY GENERAL PLAN AND MUNICIPAL CODE
Specific Plan 05 -01 has been prepared in accordance with the governing City
plans and ordinances and state law pertaining to specific plans. The
development of the subject property shall be consistent with the objectives and
policies of the Poway General Plan, constituent elements, and development
standards of the Residential Apartment zone found in Chapter 17.08 of the
Poway Municipal Code.
V. LAND USE AND DEVELOPMENT STANDARDS
This section presents site - specific development standards for the subject
properties. The land use and development standards are divided into two
sections. The first section lists land uses permitted on the property. The second
section discusses specific site and building standards.
14 of 45 May 31, 2005, Item #__L_
Ordinance No. 620
Page 8
A. LIST OF PERMITTED AND CONDITIONAL USES
Where the symbol "C appears, those uses noted shall require approval of
a Conditional Use Permit, uses noted by the symbol "X" are not permitted.
All other uses not mentioned shall be considered prohibited.
RESIDENTIAL USES
1. Multiple Dwellings
C
2. Rental
C
3. Individual ownership
X
4. Condominium conversion
X
5. Child care centers other than family day care homes
C
6. Home occupations subject to provisions of
Chapter 17.28 of the Poway Municipal Code
P
B. GENERAL REQUIREMENTS
The purpose of the General Requirements section is to provide guidance
to potential developers with specific regard to the site characteristics of the
property.
Site Design
The site design should incorporate the creative use of open space,
sidewalks, and landscaping. Design features, such as interior courtyards,
walkways, shared recreational and common areas will help create a
cohesive neighborhood effect. The availability of the Community Building,
the varying age level types of recreational facilities, proximity to Hilleary
Park, and local entertainment areas will assist in meeting the recreational
needs of the project.
Density Bonus and Regulatory Concessions
The project will provide a dwelling unit density bonus of 12% above what
would otherwise be allowable under the RA zoning. Under the RA zoning,
and given the size of the site, a maximum of 49 units would be allowed.
Fifty -six units are proposed. Proposed regulatory concessions are listed
as follows:
15 of 45 May 31, 2005, Item #_�_
Ordinance No. 620
Page 9
Regulatory Concession
City Requirement
Proposed
On -site Parking
129 spaces
90 spaces
Carport Parking Size
10 feet by 20 feet
9 feet by 18.5 feet
Retaining Wall Height
6 feet maximum
9 feet maximum
Distance Between
Buildings
15 feet minimum
12 feet minimum
Private Open Space
10% of unit area
8% minimum
Setback from adjacent
RR -C zoning
50 feet minimum
10 feet minimum
Rear Yard Setbacks
15 feet minimum
10 feet minimum
Interior Side Yard
Setbacks
15 feet minimum
10 feet minimum
Lot Coverage
40% maximum
50%
Project Recreational
Amenity
Swimming Pool
No Swimming Pool
Landscape Planters in
Parking Area
One every 8 -10
spaces
Substitute Tree
Wells
Development and redevelopment of the site shall follow the guidelines set
forth in this document. Where the Specific Plan is silent, the Residential
Apartment (RA) standards found in Chapter 17.08 of the Poway Municipal
Code shall take precedence.
Architectural Design
Development in the project area shall reflect an architectural style that
incorporates design components and architectural elements that exist in
the surrounding area and be consistent with the design guidelines of the
Poway Road Specific Plan. The basic design elements of scale,
proportion, context, and color that reference and blend with the
environment shall be carried throughout the project.
All development shall conform to the goals, objectives, policies, standards,
and regulations of this specific plan and all other applicable codes,
including the Poway Municipal Code, State Building Code, the Uniform
Building Code and the Paguay Redevelopment Plan.
Development standards not specifically referenced in this Specific Plan
shall defer to development criteria found in Chapter 17.08, Residential
Apartment Standards.
Every effort shall be made to build and operate the development project in
an energy efficient manner. This includes the use of high efficiency
mechanical equipment and lighting, additional insulation, the careful
monitoring of lighting, heating and air conditioning, the maximum use of
solar access to warm the buildings and the westerly breezes and open
windows for cooling.
16 of 45 May 31, 2005, Item #__J_
Ordinance No. 620
Page 10
The building design should incorporate articulation of exterior walls and
multi - planned, pitched roofs. The use of recessed doorways and
windows, pop out stucco accents around the windows, extended roof
eaves, and balconies or false balconies are encouraged to enhance the
depth and appearance of the buildings. Rear and side building facades
should be designed to be consistent with the architectural style of the
building and the design of the primary facade.
Building illumination and architectural lighting shall be indirect in nature
and shall complement and accent the design of the building. Site lighting
shall be designed to eliminate the intrusions of glare onto adjacent
properties and to minimize or eliminate the amount of light that remains on
during the night. Lighting should also emphasize walking areas so as to
clearly identify the pedestrian walkways and direction of travel.
Utility Location
All utility services, including electricity, telephone, and gas shall be located
below ground. All utility transformers should be located near property
boundaries, away from the main entrance and building entry areas as well
as away from the adjacent residential neighborhoods. Every effort will be
made to locate all utility vaults and boxes away from the main entrance or
where highly visible from Community Road. All cabinets and boxes shall
be screened and designed to blend with the building and landscaping.
Affordability
Fifty -five of the 56 housing units within the Development (the "Housing
Units ") shall be made available to Low and Moderate Income Households,
all at an affordable rent. One, non -rent restricted, market -rate unit shall be
reserved to be occupied by the on -site property manager.
For the purposes of this Specific Plan, "Very Low Income Household" shall
mean a household earning not greater than fifty percent (50 %) of the San
Diego County area median income, adjusted for household size, as set
forth by regulation of the California Department of Housing and
Community Development, pursuant to Health and Safety Code Section
50105, or successor statute.
The Housing Units within the Development shall be subject to the rent
restriction and affordability requirements of this Specific Plan in perpetuity.
The monthly rental amount for the Housing Units to be rented to Very Low
Income Households (less reasonable utility allowance) shall not exceed
one - twelfth (1/12) of thirty percent (30 %) of San Diego County area
median income for a family of a size appropriate to the Housing Unit (as
defined in Health and Safety Code Section 50053).
17 of 45 May 31, 2005, Item #_�_
Ordinance No. 620
Page 11
For the purpose of this Specific Plan, "rent' shall mean the total of monthly
payment by the resident of a Housing Unit for use and occupancy of the
Housing Unit and facilities associated therewith, including a reasonable
allowance for utilities for an adequate level of service, as defined in 25
California Code of Regulations, Section 6918.
VII. IMPLEMENTATION PROCEDURES
The development of the land within the boundaries of the Specific Plan area shall
follow normal City of Poway procedures with regard to Development Review,
Conditional Use Permits, and the subdivision of land. Development of an
affordable housing project will require approval of a Development Review.
This Specific Plan proposes development standards for the subject property.
Where development standards differ from those listed in the Poway Municipal
Code, the provisions contained within this Specific Plan shall take precedence.
Where the specific plan is silent, the Poway Municipal Code standards shall
govern.
VII. ENVIRONMENTAL REVIEW
Staff conducted an on -site environmental investigation and prepared an
Environmental Initial Study for the proposed project and determined that the
approval of the project could have a potential significant environmental impact in
the areas of biology, noise and hazards. However, mitigation measures
incorporated into the design of the project have reduced the potential impacts to
a level of insignificance. A Mitigated Negative Declaration has been approved by
the City Council.
VIII. AMENDMENT PROCEDURES
Any amendment, whether City- initiated or private, to Specific Plan 05 -01, shall be
processed in accordance with the Specific Plan regulations of the Poway
Municipal Code and shall be, if approved, adopted by City Council Ordinance.
18 of 45 May 31, 2005, Item #__I_
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT (GPA) 05 -01,
AND DEVELOPMENT REVIEW (DR) 05 -05
ASSESSOR'S PARCEL NUMBERS: 317 - 101 -24, 25, 26, and 27
WHEREAS, GPA 05 -01, SP 05 -01, and DR 05 -05, submitted by the Poway
Redevelopment Agency and Community Housing Works, Co- Applicants involves a
request for approval of an amendment to the Land Use element of the Poway General
Plan and a 56 -unit affordable apartment project at the southwest corner of Community
Road and Hilleary Place; and
WHEREAS, GPA 05 -01 involves a request to amend the Land Use element of the
Poway General Plan to change the land use designation on an approximate 0.2 acre
portion of the subject site that is currently designated Commercial Office (CO) to
Residential Apartment (RA); and
WHEREAS, the City Council of the City of Poway recognizes that the need may
arise to amend the City's General Plan; and
WHEREAS, Section 65350, et seq., of the California Government Code describes
the procedures for amending General Plans; and
WHEREAS, on May 17, 2005 and May 31, 2005, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative to
this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution. The subject EIS and MND documentation are fully
incorporated herein by this reference. The City Council finds, on the basis of the whole
record before it, that there is no substantial evidence the project will have a significant
impact on the environment, that the mitigation measures contained in the EIS and Exhibit
A hereof will mitigate potentially significant impacts to a less than significant level, and that
the MND reflects the independent judgment and analysis of the City. The City Council
hereby approves the MND and the associated Mitigation Monitoring Program attached to
this Resolution as Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (HCP), biological
reports prepared by Bill Everett, dated January 26, 2005, were submitted for the property.
Project development will impact 1.34 acres of non - native grasslands located on the
property that is outside of the Mitigation Area of the HCP. In accordance with the HCP,
the required findings for approval of the proposed mitigation for the removal of non - native
grasslands for the project are as follows:
19 of 45 ATTACHMENT 3 May 31, 2005, Item #_L_
Resolution No. P-
Page 2
A. The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the HCP in
that the applicant will mitigate impacts to non - native grasslands habitat at a 1:1
ratio. Said mitigation will be through the payment of Habitat Mitigation In -Lieu Fees
($10,000 /acre).
B. Payment of In -Lieu Fees will contribute toward the building of the ultimate total
Mitigation Area preserve system of the HCP. Therefore, such habitat preservation
and /or payment of In -Lieu Fees will serve to enhance the long -term viability and
function of the preserve system.
C. The habitat preserved through the City's purchase of land in the Mitigation Area as
enabled by payment of the Habitat Mitigation In -Lieu Fees, will be to the long -term
benefit of the Poway Subarea Habitat Conservation Plan ( PSHCP) covered
species and their habitats and will promote a meaningful addition to the assembly
of a viable regional system of uninterrupted natural habitat resources, habitat
linkages, buffers, and wildlife corridor.
D. The preserved habitat, as enabled by the payment of the In -Lieu Fee, will fosterthe
incremental implementation of the PSHCP in an effective and efficient manner in
that the payment of In -Lieu Fee will likewise contribute towards assembling the
total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the In -Lieu Fees will be paid.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal
Code. for DR 05 -05 are made as follows:
A. The project is consistent with the Poway General Plan in that it involves the
construction of 56 affordable housing units on land designated for such a use and
the project will increase the number of affordable housing units in the City.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading, and
construction are in full compliance with the Poway Municipal Code and the
proposed Specific Plan.
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with the development standards identified in the proposed
Specific Plan.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties consist of a
mix of residential and commercial land uses.
20 of 45 May 31, 2005, Item #_)_
Resolution No. P-
Page 3
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 05 -05, are to be 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 services and facilities will be available to serve this project. The
payment of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
The project requires payment of drainage, park and traffic mitigation fees,
which are assessed on a pro -rata basis to finance and provide public
infrastructure improvements to promote a safe and healthy environment for
the residents of the City.
Section 5: The City Council hereby approves GPA 05 -01, an amendment to the Land
Use Element of the Poway General Plan, re- designating an approximate 0.2 -acre portion
of subject site from CO to RA as shown on Exhibit B, and DR 05 -05 to construct a 56 -unit
affordable apartment project at the southwest corner of Community Road and Hilleary
Place, subject to the following conditions:
A. Approval of the project 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, unless otherwise provided for under SP 05 -01, in effect at the time of
Building Permit issuance.
B. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. The conditions for the project shall remain in effect for the life of the subject
residences and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to Grading Permit issuance, the applicant shall comply with the following:
(Engineering)
1. A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1 " =20', shall be submitted along with a
Grading Permit application and the applicable fees to the Development
Services Department- Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division front
counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum five -
foot setback from open space areas and property lines. The house
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and /or Engineering Division prior to
issuance of the Grading Permit.
21 of 45 May 31, 2005, Item #__L_
3.
Resolution No. P-
Page 4
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the Regional
Standard Drawings.
C. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on -site, de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
Locations of all water and sewer improvements (existing and new)
and the approximate location of their easements. All easements
shall be recorded before the issuance of a Certificate of Occupancy.
No encroachments are permitted upon any easement unless
otherwise authorized by the City.
e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
All easements shall be superimposed on plans and any new
easements required by the City shall be dedicated to the City of
Poway.
Retaining walls. Retaining walls, other than those approved in the
San Diego County Regional Standard Drawings, require submittal of
design calculations.
A drainage study using the 100 -year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be
capable of handling and disposing all surface waterwithin the project
site and all surface water flowing onto the project site from adjacent
lands. Said system shall include all easements required to properly
handle the drainage. Large concentrated flows over the driveway,
and into the street shall be avoided.
A soils /geological report shall be prepared by an engineer licensed
by the State of California to perform such work, and shall be
submitted with the grading plan.
The Grading Permit application shall include plans and specifications that
demonstrate the project's compliance with the City's Standard Urban
Stormwater Mitigation Plan Ordinance.
The applicant shall pay all applicable engineering plan checking, permit, and
inspection fees. The following fees are estimated for this project:
22 of 45 May 31, 2005, Item #__�_
Grading Permit
Improvement Plan Fee
Soils Report Review
Compaction Report Review
Stormwater Pollution Plan Review
Stormwater Pollution Inspection
Water Systems Analysis
Easement dedications (each)
Grading and Improvement Plan Review
Grading and Improvement Inspection
Resolution No. P-
Page 5
100
300
2,300
2,300
550
550
3,100
1,000
25,000 estimated
25,000 estimated
4. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit, shall be posted with the City priorto grading plan approval.
A minimum $2,000 cash security deposit is required.
5. The property owner, or the authorized agent forthe property owner, shall file
with the State Regional Water Quality Control Board, a Notice of Intent of
coverage under the statewide General Permit that covers storm water
discharges. Proof of filing of the NOI and an assigned Waste Discharge
Identification Number shall be submitted to the Development Services
Department - Engineering Division priorto issuance of a Grading or Building
Permit. Applications may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467 -2952
6. The property owner, or the authorized agent for the property owner, shall
prepare a Storm Water Pollution Prevention Plan ( SWPPP) that effectively
addresses the elimination of non -storm runoff into the storm drain system.
The SWPPP shall include, but not be limited to, an effective method of
hillside erosion and sediment control; a de- silting basin with a capacity of
3,600 cubic feet of storage per acre drained, or designed to remove fine silt
for a 10 -year, 6 -hour storm event; a material storage site; measures to
protect construction material from being exposed to storm water; and other
means of Best Management Practices to effectively eliminate pollutants
from entering the storm drain system. The engineer shall certify the
SWPPP prior to issuance of the Grading Permit.
7. The applicant shall apply to the City for a water system analysis to establish
the adequacy of the proposed public water system. The fee for the water
analysis is $3,100.
23 of 45 May 31, 2005, Item #_�_
Resolution No. P-
Page 6
8. Improvement plans for the onsite public waterline, fire hydrants, and private
sewer main shall be submitted for reviewto the Engineering Division priorto
issuance of the Grading Permit.
9. Improvement plans for the Community Road and Hilleary Place
improvements shall be submitted for reviewto the Engineering Division prior
to issuance of the grading permit.
10. The applicant shall attend a pre- construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the project inspector:
a. Provision of an on -site de- silting basin with a volume based on 3,600
cubic feet per tributary acre drained during grading.
b. Covering of all flat areas with approved mulch.
C. Installation of an earthen or gravel bag berm that retains 3 inches of
water over all disturbed area prior to discharge, effectively creating a
de- silting basin from the pad.
11. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
12. The applicant shall implement Best Management Practices during
construction, such as erosion and sediment control, and the diversion of
water to desiltation basins, to the satisfaction of the City Engineer.
13. Prior to the issuance of a Grading Permit, the applicant shall submit
documentation that the project has complied with all San Diego County
Department of Environmental Health regulations with regard to the known
contaminated soils on the site.
14. Submit landscape and irrigation plans to the Planning Division for review.
Approval of plans is required before the issuance of a building permit. A
landscape plan check review fee is required at the time of initial submittal of
the plans. The plans shall be prepared pursuant to the City of Poway Guide
to Landscape Requirements and the Residential Apartment (RA) zoning
standards and specifications for tree planting.
24 of 45 May 31, 2005, Item #_L_
Resolution No. P-
Page 7
Two separate sets on landscape plans for the project site and one for the
landscape within the Landscape Maintenance District (LIVID) area. Street
trees shall be provided in accordance with requirements listed in the City of
Poway Guide to Landscape Requirements. Any existing or new utility boxes
along Community Road and or Hilleary Place will be screened with
landscaping.
15. Prior to the removal of any tree on site a Tree Removal Permit shall be
submitted to and approved by the City. Prior to the removal of any
Eucalyptus tree on -site during the recognized nesting season for raptors, a
qualified professional shall evaluate the subject tree(s) for a raptor nest(s)
and report the findings in writing to the City. Should a nest(s) be located,
the tree removal shall be delayed until such time as the nest(s) have been
abandoned.
16. Priorto the issuance of a Grading Permit, the applicant shall mitigate forthe
impacts to 1.38 acres of non - native grasslands at the ratio 1:1. Mitigation
shall be satisfied by payment of an in -lieu fee.
E. Priorto construction, the applicant shall obtain a Building Permit. Priorto issuance
of a Building Permit, the applicant shall comply with the following:
(Engineering)
1. The site shall be developed in accordance with the approved site plan on
file in the Development Services Department and the conditions contained
herein. Grading of the lot shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, City Storm Water Management and Discharge Control
Ordinance, and grading practices acceptable to the City.
2. Erosion control including, but not limited to, desiltation basins, shall be
installed and maintained throughout construction of the project. The
applicant/developer shall make provisions to insure proper maintenance of
all erosion control devices.
3. Applicant/developer shall comply with the following items. Compliance shall
be made through the Engineering Division of the City's Development
Services Department:
a. Submittal and approval of soils and compaction report.
b. Submittal and approval of a certification of line and grade. The
certification shall be prepared by the project's civil engineer.
4. Prior to start of any work within City -held easements or rights -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.
25 of 45 May 31, 2005, Item #J_
Resolution No. P-
Page 8
5. Priorto delivery of combustible building materials, construction of the on -site
water lines and fire hydrants, as required by the Fire Marshal, shall be
completed.
6. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
Water: Meter Size Cost Capacity Fee SDCWA Fee*
2 -inch $800 $16,694 $12,797
3 -inch $1,500 $29,680 $23,626
* To be paid by separate check, made payable to the San Diego
County Water Authority.
Sewer Connection $2,356/EDU x 56 units =
$131,936
Sewer Line Charge $20 /ft. x 365 ft of frontage =
$ 7,300
Sewer Cleanout (each) _
$ 50
Sewer Cleanout Inspection (each) _
$ 25
Traffic Mitigation $528 x 56 units =
$ 29,568
Park $2,100 x 56 units =
$117,600
Drainage $1,200 x 56 units =
$ 67,200
(Planning)
7. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and
ordinances in
effect at the time of Electrical /Building Permit issuance.
8. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748 -0010, extension 2089.
9. Prior to the issuance of a Building Permit the applicant shall submit a study
prepared by a qualified professional which assesses interior noise, pursuant
to City standards, for those units which face the street and identifies
mitigation measures if necessary. Any noise mitigation measures shall be
incorporated into the building plans for those units prior to the issuance of a
Building Permit.
26 of 45 May 31, 2005, Item #--i-
Resolution No. P-
Page 9
10. A detailed site lighting plan (which is a separate item from the Building
plancheck submittal) shall be submitted for the review and approval of the
Director of Development Services. The plan shall show all project lighting
and generalized specifications /notes that comply with the following:
a. All outdoor lighting fixtures including, but not limited to, illuminated
signage, decorative building or landscape lighting, illuminated
recreational facilities or common outdoor areas, and parking lot
lighting shall be turned off between the hours of 11:00 p.m. and
sunrise, except when used for security purposes. Automatic timing
devices shall be integrated into all new or modified lighting systems
to turn off at 11:00 p.m.
b. All lighting used in the parking lot shall be low- pressure sodium.
C. All exterior lighting shall be designed so that light emitted from the
fixtures is directed away from adjoining properties including the
floodway site located to the west of the project.
d. Lighting fixtures shall be designed to integrate with the project's
architectural design concept.
e. Freestanding lamp posts shall be no taller than 18 feet.
The intensity of light at the boundary of the housing project site shall
not create glare or otherwise shine onto nearby residential
properties.
11. The applicant shall submit exhibits that demonstrate the roof mounted solar
panels have been designed and /or sited such that their visibility is minimized
to the satisfaction of the Director of Development Services.
12. Trash enclosures shall be architecturally integrated with the project's
architectural design concept and provided with an architectural cover as a
stormwater quality Best Management Practice (BMP).
14. Signs are not a part of this approval and require separate review, approval
and permits.
(Public Works)
15. The applicant shall work with the Department of Public Works to have the
project site annexed into the LIVID.
F. The following improvements shall be constructed to the satisfaction of the City Fire
Marshal:
1. Roof covering shall be fire retardant as per UBC Section 1503, 1504 and
City of Poway Ordinance No. 64.
27 of 45 May 31, 2005, Item # -4_
Resolution No. P-
Page 10
The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus byway 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 clearance. The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
4. The building will be required to install an approved fire sprinkler system.
The entire system is to be monitored by a central monitoring company.
System post indicator valves and double detector check valve assemblies
with tamper switches, also monitored, are to be located by the City Fire
Marshal prior to installation. A breakaway padlock shall be required for the
fire sprinkler system post indicator valve.
An automatic fire alarm system shall be installed, to approved standards, by
a properly licensed contractor. The system shall be completely monitored
by a U.L. listed central station alarm company or proprietary remote station.
A hood and duct extinguishing system shall be required and installed for all
restaurant -grade cooking facilities within the kitchen area of the Community
Building. Plans are to be submitted and approved, prior to installation.
6. A'Knox' Security Key Box shall be required forthe Community Building at a
location determined by the City Fire Marshal.
7. Fire Department access for use of fire fighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as'Fire
Lanes' with appropriate signs and curb markings.
9. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
10. The addition of on -site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
11. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior
access man door. Door shall be labeled with a sign indicating "Fire
Sprinkler Riser.
28 of 45 May 31, 2005, Item #__L_
Resolution No. P-
Page 11
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3' man door.
12. A water analysis shall be performed to determine required fire flow for fire
protection purposes.
13. The entire water system for the project shall be looped.
14. Each building will have its own individual post indicator valve to isolate the
fire protection system.
15. Dead -end access roadways in excess of 150 feet long shall be provided
with approved provisions for the turning around of Fire Department
apparatus. Curves and topographical conditions could alter the
requirements for turnarounds and the width of access ways.
Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
(Engineering)
1. The applicant/developer shall dedicate a water line easement to the City, a
minimum of 20.00 feet wide for each new public water line constructed,
other than within the street right -of -way.
2. Construction of driveways, street improvements, drainage facilities, slope
landscaping and protection measures, and utilities, shall be constructed,
completed, and inspected by the Engineering Inspector. Construction of
public improvements shall be completed. Improvements shall be
constructed in accordance with City adopted standards and specifications,
the latest adopted edition of the Standard Specifications for Public Works
Construction and its corresponding San Diego supplements, and the current
San Diego Regional Standard Drawings. The private sewer main shall be
designed with a minimum cleansing velocity of 2 feet per second.
3. All new and existing electrical /communication /CATV utilities within the
boundaries of the project shall be installed underground. The applicant/
developer is responsible for complying with the requirements of this
condition, and shall make the necessary arrangements with each of the
serving utilities.
4. The applicant/developer shall execute an Encroachment Removal
Agreement (also referred to as Encroachment Permit) with the City for any
private improvements placed within public street rights -of -way or City -held
easements.
29 of 45 May 31, 2005, Item #_L_
Resolution No. P-
Page 12
The applicant/developer shall provide for a drainage system capable of
handling and disposing of all surface water originating within the project site
and all surface water that may flow onto the project site from adjacent lands.
Said drainage system shall include any easements and structures required
by the Director of Development Services or City Engineer to properly handle
the drainage and shall be designed so as to prevent ponding of surface
water that would create a public hazard or nuisance.
6. A warranty bond shall be posted after completion of all public improvements
required to be constructed with this project.
A maintenance agreement shall be recorded for maintenance of common
facilities including drainage, roads and driveways, landscaping, and post
construction BMPs. In particular, the owner(s) shall be responsible for
maintaining the Continuous Deflective Separation (CDS) unit per the
manufacturers recommendations. This unit is also a confined space and
maintenance must comply with State and Federal Safety rules concerning
confined spaces.
8. The developer shall, to the satisfaction of the City Engineer, repair any
damages to Community Road caused by construction activity from this
project.
9. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130B 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. Grading securities
shall be released only upon completion of the project and upon City
approval of the record drawings of the grading plans.
10. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained here.
A final inspection from the appropriate City Departments will be required.
Section 6: The approval of the project shall expire on May 31, 2007, at 5:00 p.m.,
unless, priorto that time, a Building Permit and construction on the property in reliance on
the Development Review Permit has commenced prior to its expiration.
30 of 45 May 31, 2005, Item #_L_
Resolution No. P-
Page 13
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31 st day of May 2005.
Michael P. Cafagna, Mayor
ATTEST:
Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P- , was duly adopted by the City
Council at a meeting of said City Council held on the 31st day of May 2005, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
31 of 45 May 31, 2005, Item #__L_
Resolution No. P-
Page 14
EXHIBIT A
MITIGATION MONITORING PROGRAM
Community Road Housing and Office Project
General Plan Amendment 05 -01, Zone Change 05 -01, Specific Plan 05 -01, Development
Review 05 -05, Development Review 05 -06, and Variance 05 -01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt
a reporting or monitorina proaram for the chances which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitorina program shall be desianated to ensure
compliance durina project implementation." This Mitigation Monitoring Program
has been prepared in accordance with Section 21081.6 of the Public Resources
Code.
Non - compliance with any of these conditions, as identified by City staff or a
designated monitor, shall result in issuance of a cease and desist order for all
construction activities. The order shall remain in effect until compliance is assured.
Non - compliance situations, which may occur subsequent to proiect construction,
will be addressed on a case -bv -case basis and may be subject to penalties
accordina to the City of Poway Municipal Code. When phasing of development has
been established, it may be necessary for this Monitoring Program to be amended.
with City approval.
32 of 45 May 31, 2005, Item #–I-
Resolution No. P-
Page 15
Topic
Mitigation Measure
Timing
Responsibility
Biology
Prior to the removal of any Eucalyptus tree on-
Prior to the
Applicant
site during the recognized nesting season for
removal of any
raptors, a qualified professional shall evaluate
tree.
the subject tree(s) for a raptor nest(s) and report
the findings in writing to the City. Should a
nest(s) be located, the tree removal shall be
delayed until such time as the nest(s) have been
abandoned.
Prior to the issuance of a Grading Permit, the
Prior to issuance
Applicant
applicant shall mitigate for the impacts to 1.38
of Grading
acres of non - native grasslands at the ratio 1:1.
Permit.
Mitigation shall be satisfied by payment of an in-
lieu fee.
Hazardous
The applicant shall implement Best Management
During
Applicant
Materials
Practices during construction, such as erosion
construction
and sediment control, and the diversion of water
to desiltation basins, to the satisfaction of the City
Engineer.
Prior to the issuance of a Grading Permit, the
applicant shall submit documentation that the
Prior to the
Applicant
project has complied with all San Diego County
issuance of a
Department of Environmental Health
Grading Permit
regulations, to the satisfaction of the Director of
Development Services.
Prior to the issuance of a Building Permit, the
Noise
applicant shall submit a study prepared by a
Prior to issuance
Applicant
qualified professional which assesses interior
of a Building
noise, pursuant to City standards, for those units
Permit
which face the street and identifies mitigation
measures if necessary. Any noise mitigation
measures shall be incorporated into the building
plans for those units prior to the issuance of a
Building Permit.
33 of 45 May 31, 2005, Item # t
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW (DR) 05 -06 AND VARIANCE (VAR) 05 -01.
ASSESSOR'S PARCEL NUMBER: 317 - 101 -26
WHEREAS, DR 05 -06 and VAR 05 -01, submitted by the Poway Redevelopment
Agency and Community Housing Works, Co- Applicants involves a request for approval to
construct an approximate 2,100- square -foot office building and a variance to allow a
portion of the building to encroach up to 3 feet into the required front yard setback at the
southwest corner of Community Road and Hilleary Place in the Commercial Office (CO)
zone: and
WHEREAS, on May 17, 2005 and May 31, 2005, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative to
this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution. The subject EIS and MND documentation are fully
incorporated herein by this reference. The City Council finds, on the basis of the whole
record before it, that there is no substantial evidence the project will have a significant
impact on the environment, that the mitigation measures contained in the EIS and Exhibit A
hereof will mitigate potentially significant impacts to a less than significant level, and that
the MND reflects the independent judgment and analysis of the City. The City Council
hereby approves the MND and the associated Mitigation Monitoring Program attached to
this Resolution as Exhibit A.
Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for DR 05 -06 are made as follows:
A. The project is consistent with the Poway General Plan in that it involves the
construction of an office building in the Commercial Office zone, and with the
approval of VAR 05 -01, will comply with all City development standards.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements and grading
are in full compliance with the Poway Municipal Code.
C. That the project is in compliance with the Zoning and Grading Ordinances in that the
project, with approval of VAR 05 -01 for the minor encroachment into the required
front yard setback area, complies with the development standards.
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D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the surrounding properties consist of a mix
of residential and commercial land uses.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05 -01 to allow a 3 -foot encroachment into the required 20 -foot
front yard setback are made as follows:
A. That there are special circumstances applicable to the property and because of this,
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification in
that the subject site is an unusually shaped lot; and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity and
not afforded to the property for which the Variance is sought because the Variance
will allow the development to achieve a building lot coverage percentage similar to
other CO designated properties; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed encroachment is only 3 feet into
the required 20 feet setback and for 5 lineal foot on the building; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the zone because the proposed building is an office in a Commercial
Office zone; and
That the proposed Variance will be compatible with the City's General Plan because
the use is permitted in the zone.
Section 4: The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 05 -06, are to be 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 services and facilities will be available to serve this project. The payment
of fees toward public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below:
The project requires payment of drainage, park and traffic mitigation fees,
which are assessed on a pro -rata basis to finance and provide public
infrastructure improvements to promote a safe and healthy environment for
the residents of the City.
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Section 5: The City Council hereby approves DR 05 -06 and Variance 05 -01, subject to
the following conditions:
A. Approval of DR 05 -06 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.
B. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. The conditions of DR 05 -06 shall remain in effect for the life of the subject
residences and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to Grading Permit issuance, the applicant shall comply with the following:
(Engineering)
A grading plan for the development of the lot, prepared on a City of Poway
standard mylar sheet at a scale of 1 " =20', shall be submitted along with a
Grading Permit application and the applicable fees to the Development
Services Department — Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division front
counter. As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum five -
foot setback from open space areas and property lines. The office
shall be located at least five feet from tops and toes of slopes, unless
waived by the Planning Division and /or Engineering Division prior to
issuance of the Grading Permit.
b. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the Regional
Standard Drawings.
C. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on -site desilting
basin with a volume based on 3,600 cubic feet per tributary acre
drained.
d. Locations of all water and sewer improvements (existing and new).
Easements shall be recorded before the issuance of a Certificate of
Occupancy. No encroachments are permitted upon any easement,
unless otherwise authorized by the City.
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e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to
vertical).
f. All easements shall be superimposed on plans and any new
easements required by the City shall be dedicated to the City of
Poway.
Retaining walls other than those approved in the San Diego County Regional
Standard Drawings require submittal of design calculations.
A soils /geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
A drainage study using the 100 -year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said system
shall include all easements required to properly handle the drainage. Large
concentrated flows over the driveway, and into the street shall be avoided.
2. The Grading Permit application shall include plans and specifications that
demonstrate the project's compliance with the City's Standard Urban Storm
Water Mitigation Plan Ordinance.
3. The applicable engineering plan checking, permit, and inspection fees will be
paid through DR 05 -06.
4. Grading securities will be posted through DR 05 -06.
5. The Notice of Intent of coverage underthe state wide General Permit issued
by the State Regional Water Quality Control Board will be secured through
DR 05 -06.
6. A Storm Water Pollution Prevention Plan (SWPPP) will be included for the
project represented by DR 05 -06.
7. The water system analysis and corresponding fee will be included in the DR
05 -06 project.
8. Improvement plans for the onsite public waterline, fire hydrants, and private
sewer main shall be submitted for review to the Engineering Division priorto
issuance of the Grading Permit.
9. This project shall be included in the DR 05 -06 preconstruction meeting, and
all preconstruction items shall apply.
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10. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a licensed
surveyor and delineated with lathe and ribbon. A written certification from
the engineer of work or a licensed surveyor shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
11. The applicant shall implement Best Management Practices during
construction, such as erosion and sediment control, and the diversion of
water to desiltation basins, to the satisfaction of the City Engineer.
(Planning)
12. Prior to the removal of any Eucalyptus tree on -site during the recognized
nesting season for raptors, a qualified professional shall evaluate the subject
tree(s) for a raptor nest(s) and report the findings in writing to the City.
Should a nest(s) be located, the tree removal shall be delayed until such time
as the nest(s) have been abandoned.
13. Submit landscape and irrigation plans to the Planning Division for review.
Approval of the plan is required prior to the issuance of a Building Permit. A
landscape plan check review fee is required at the time of initial submittal of
the plans. The plans shall be prepared pursuant to the City of Poway Guide
to Landscape Requirements. Two separate sets on landscape plans for the
project site and one for the landscape within the LIVID area. Street trees
shall be provided in accordance with requirements listed in the City of Poway
Guide to Landscape Requirements. Any existing or new utility boxes along
Community Road and or Hilleary Place will be screened with landscaping.
E. Prior to construction, the applicant shall obtain a Building Permit. Priorto issuance
of a Building Permit, the applicant shall comply with the following:
The site shall be developed in accordance with the approved site 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, City Storm Water Management and Discharge Control
Ordinance, and grading practices acceptable to the City.
(Engineering)
2. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained throughout construction of the project. The
applicant/developer shall make provisions to insure proper maintenance of
all erosion control devices.
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Resolution No. P-
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3. Applicant/developer shall comply with the following items. Compliance shall
be made through the Engineering Division of the City's Development
Services Department:
a. Submittal and approval of soils and compaction report.
b. Submittal and approval of a certification of line and grade. The
project's civil engineer shall prepare the certification.
4. Prior to start of any work within City -held easements or right -of -ways, 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.
5. Prior to delivery of combustible building materials, construction of the on -site
water lines and fire hydrants, as required by the Fire Marshall shall be
completed.
6. The following development fees shall be paid to the Engineering Services
Department prior to Building Permit issuance. These fees are currently in
effect and are subject to change.
A minimum of two water meters shall be installed for the project, i.e., one
potable meter and one reclaimed meter.
Water base capacity fee (Resolution No. 91 -123)
For 1" meter = $ 3,206.00 per meter
For 1 '/2 " meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91 -123)
For 1" meter = $ 270.00 per meter
For 1 '' /z" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge (applicable to potable water only) - To be paid by
separate check, payable to San Diego County Water Authority but remitted
through the City of Poway.
For 1" meter = $3,938.00 per meter
For 1 ''h" meter = $7,383.00 per meter
Other meter sizes = Contact Engineering Division
39 of 45 May 31, 2005, Item #—I_
Sewer connection fee
Sewer cleanout fee
Resolution No. P-
Page 7
= $2,356.00
= $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic mitigation fee = $660.00'
* $66/Trip X 40 Trips X 0.25 = $660
Drainage fee = $1200.00
Park fee = None
8. The applicant shall work with the Department of Public Works to have the
project site annexed into the LMD.
(Planning)
9. Trash enclosures shall be architecturally integrated with the project's
architectural design concept and provided with an architectural cover as a
stormwater quality Best Management Practice (BMP).
10. Signs are not a part of this approval and require separate review, approval,
and permits.
11. An eight- foot -high solid masonry wall shall be installed along the property line
separating the commercial office project and the residential project. The wall
shall be constructed of decorative materials (decorative block or stuccoed
and painted to match the building architecture) and shall provide decorative
pilasters and a decorative wall cap. Wall materials and a final wall elevation
shall be submitted for review and approval prior to the issuance of a building
permit.
12. A detailed site lighting plan (which is a separate item from the Building
plancheck submittal) shall be submitted for the review and approval of the
Director of Development Services. The plan shall show all project lighting
and generalized specifications /notes that comply with the following:
a. All outdoor lighting fixtures including, but not limited to, illuminated
signage, decorative building or landscape lighting, and parking lot
lighting shall be turned off between the hours of 11:00 p.m. and
sunrise, except when used for security purposes, or when business
operating hours continue after 11:00 p.m. but only for as long as such
business is open. Automatic timing devices shall be integrated into all
new or modified lighting systems to turn off at 11:00 p.m.
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All lighting used in the parking lot shall be low- pressure sodium.
C. All exterior lighting shall be designed so that light emitted from the
fixtures is directed away from adjoining properties.
Lighting fixtures shall be designed to integrate with the project's
architectural design concept.
e. Freestanding lamp posts shall be no taller than 18 feet.
The intensity of light at the boundary of the housing project site shall
not create glare orotherwise shine onto nearby residential properties.
F. The following improvements shall be constructed to the satisfaction of the City Fire
Marshal:
Roof covering shall be fire retardant as per UBC Section 1503, 1504 and City
of Poway Ordinance No. 64.
2. The building shall display their numeric address in a mannervisible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building.
3. Every building hereafter constructed 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 clearance. The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
4. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
5. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
6. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
G. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
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Resolution No. P-
Page 9
(Engineering)
The applicant/developer shall dedicate a water line easement to the City, a
minimum of 20.00 feet wide for each new public water line constructed other
than within the street right -of -way.
2. Construction of driveways, street improvements, drainage facilities, slope
landscaping and protection measures, and utilities, shall be constructed,
completed, and inspected by the Engineering Inspector. Construction of
public improvements shall be completed. Improvements shall be constructed
in accordance with City adopted standards and specifications, the latest
adopted edition of the Standard Specifications for Public Works construction
and its corresponding San Diego supplements, and the current San Diego
Regional Standard Drawings. The private sewer main shall be designed with
a minimum cleansing velocity of 2 -ft. per second.
1 All new and existing electrical /communication /CATV utilities within the
boundaries of the project shall be installed underground. The
applicant/developer is responsible for complying with the requirements of this
condition, and shall make the necessary arrangements with each of the
serving utilities.
4. The applicant/developer shall execute an Encroachment Removal
Agreement (also referred to as Encroachment Permit) with the City for any
private improvements placed within public street right -of -ways or City -held
easements.
5. The applicant/developer shall provide for a drainage system capable of
handling and disposing of all surface water originating within the project site
and all surface water that may flow onto the project site from adjacent lands.
Said drainage system shall include any easements and structures required
by the Director of Development Services or City Engineer to properly handle
the drainage and shall be designed so as to prevent ponding of surface
water that would create a public hazard or nuisance.
6. A warranty bond shall be posted after completion of all public improvements
required to be constructed with this project.
7. A maintenance agreement recorded for DR 05 -06 shall also be recorded for
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
16.52.1306 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.
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Page 10
Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
Section 6: The approval of DR 05 -06 and Variance 05 -01 shall expire on May 31, 2007,
at 5:00 p.m., unless, prior to that time, a Building Permit has been issued in reliance on the
Development Review Permit and has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 31 st day of May 2005.
Michael P. Cafagna, Mayor
ATTEST:
Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P- , was duly adopted by the City
Council at a meeting of said City Council held on the 31 st day of May 2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Diane Shea, City Clerk
City of Poway
43 of 45 May 31, 2005, Item #__L_
Resolution No. P-
Page 11
EXHIBIT A
MITIGATION MONITORING PROGRAM
Community Road Housing and Office Project
General Plan Amendment 05 -01, Zone Change 05 -01, Specific Plan 05 -01, Development
Review 05 -05, Development Review 05 -06, and Variance 05 -01
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This Mitigation Monitoring Program has
been prepared in accordance with Section 21081.6 of the Public Resources Code
Non - compliance with any of these conditions, as identified by City staff or a
designated monitor, shall result in issuance of a cease and desist order for all
construction activities. The order shall remain in effect until compliance is assured
Non - compliance situations which may occur subsequent to project construction
will be addressed on a case-by-case basis and may be subject to penalties
according to the City of Poway Municipal Code. When phasing of development has
been established, it may be necessary for this Monitoring Program to be amended
with City approval.
44 of 45 May 31, 2005, Item #__L_
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Topic
Mitigation Measure
Timing
Biology
Prior to the removal of any Eucalyptus tree on-
Prior to the
-Responsibility
Applicant
site during the recognized nesting season for
removal of any
raptors, a qualified professional shall evaluate
tree.
the subject tree(s) for a raptor nest(s) and report
the findings in writing to the City. Should a
nest(s) be located, the tree removal shall be
delayed until such time as the nest(s) have been
abandoned.
Prior to the issuance of a Grading Permit, the
Prior to issuance
Applicant
applicant shall mitigate for the impacts to 1.38
of Grading
acres of non - native grasslands at the ratio 1:1.
Permit.
Mitigation shall be satisfied by payment of an in-
lieu fee.
Hazardous
The applicant shall implement Best Management
During
Applicant
Materials
Practices during construction, such as erosion
construction
and sediment control, and the diversion of water
to desiltation basins, to the satisfaction of the City
Engineer.
Prior to the issuance of a Grading Permit, the
Prior to the
Applicant
applicant shall submit documentation that the
issuance of a
project has complied with all San Diego County
Grading Permit
Department of Environmental Health
regulations, to the satisfaction of the Director of
Development Services.
Noise
Prior to the issuance of a Building Permit, the
Prior to issuance
Applicant
applicant shall submit a study prepared by a
of a Building
qualified professional which assesses interior
Permit
noise, pursuant to City standards, for those units
which face the street and identifies mitigation
measures if necessary. Any noise mitigation
measures shall be incorporated into the building
plans for those units prior to the issuance of a
Building Permit.
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