Res P-00-18RESOLUTION NO. P- 00-18
REPLACEMENT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 99-11
AND DEVELOPMENT REVIEW 99-13
ASSESSOR'S PARCEL NUMBER 323-090-74
WHEREAS, Conditional Use Permit 99-11 and Development Review 99-13,
submitted by Toppan Electronics, Inc., requests approval for the design and construction
of three industrial building ' ' ~1 th headquarters office, within a 25.3
acre industrial campus located at the southwest corner of Scripps Poway Parkway and
Stowe Drive in the Light Industrial land use designation of the South Poway Planned
Community; and
WHEREAS, on March 14, 2000, the City Council held a duly advertised public
hearing to obtain testimony both pro and con on the above-described item.
WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that this project will not have a significant adverse impact on
the ~ and hereby issues a Negative Declaration with mitigation. Conditions
which are intended as mitigation :licated by the use of an asterisk (*).
1. Findings pursuant to Section 17.48.070 of the Poway Municipal Code are
made as follows:
Ao
The proposed project is consistent with the General Plan and the
South Poway Specific Plan in that it is a ~ use located
within the Light Industrial land use of the South Poway Planned
Community.
That 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, residents, buildings,
Co
Eo
G=
Resolution No. P- 0 0- :[ 8
Page 2
strucl that the design of the buildings and
accompanying operating fixtures reflect the need for mitigation of
hazardous aspects of the company's processes.
That the scale, bulk, coverage, and density are I with
adjacent uses, in that the project is divided into three buildings, one
of which will I: :1 under the current Development Review;
the second and third buildings under a subsequent ful
That th 31e public 1' :1 utilities to serve
the approved use as publ :1 street 31e to the
site. Th ~tion and discharge of very large quantities of water
is the subject of mitigating conditions of approval.
That there will not be a harmful effect upon desirable neighborhood
ch in that the approved project will conform to the
construction and operating conditions contained in this resolution as
well as the standards required by other local regulatory agencies.
That the § :traffic will not adversely impact the surrounding
streets and/or the City's Circulation Element in that there is ample
onsite parking. The size of each work shift does not entail a large
number of people.
That the site is suitable for the type and intensity of use and
development proposed in that the buildings and use meet all physical
development standards for the zone and for the South Poway
Planned Community.
That there will not be significant harmful effects upon the
quality and natural in that the subject
production facility will I: ,I for Ion~ 31iance with the
operating conditions imposed under this land use permit.
That there are no other relevant impacts of the proposed use that
cannot be mitigated.
J. That the impacts, as described above, and the location of the
-- approved project will not adversely affect the City of Poway General
Resolution No. P- 0 0 - 18
Page 3
Plan for future as well as present development, in that the General
Plan and the South Poway Specific Plan provide f
facilities in this location.
Findings in accordance with Section 66020 of the G l Code for
Conditional Use Permit 99-11 and Development Review 99-13 are made as
follows:
The design and improvements of the proposed development are
consistent with all : the Poway General Plan as well as City
ordinances because all necessary I be able to serve this
project. The of public improvements are needed as a
result of the proposed development to protect the public health,
safety, and welfare as identified below:
Drainage improvements shall be provided to prevent ponding
of surr that would create a public hazard
=
Public imp shall be provided to Scripps Poway
Parkway, Stowe Drive and Kirkham Way, as well as public
water lines (potable and reclaimed), sewer lines, drainage
pipelines and appurtenances, and traffic signal modifications
at Scripps Poway Parkway and Stowe Drive in! and
payment of sewer sewer cleanout/inspection,
street light energizing, drainage, park and pro rata share for
Scripps Poway Parkway Stowe Drive signal
contribution, and traffic mitigation fees.
The City Council hereby approves Conditional Use Permit 99-11 and Development
Review 99-13, subject to the following conditions:
Within 30 days of approval: (1) the applicant shall submit in writing that all
conditions of approval have been read and understood and 2~ the property
owner shall execute a Covenant on Real Property. ~ ~i ~'~
Th
a
and
:litionally granted by this permit shall not be conducted in such
to interfere with the reasonable use of surrounding industrial
uses,
Resolution No. P-00-18
Page 4
Within 30 days after receiving City Council approval of the project, the
applicant shall apply for a Letter of Availability (LOA) to reserve sewerage
availability for 73.5 Equivalent Dwelling Units (EDUs)* and post with the City,
a nonrefundabl fee of $34,633.20 which represents 20% of the
sewerage connection fee in effect at the time the LOA is issued. ~
* Number of EDUs = 25.3 Net Acres x 43,560 sf/ac, x 40% building coverage
+ 6000
The above number of sewer EDUs is the ' ' I to be reserved
based on the net acreage of 25.3 acres. Seventy-three point five (73.5)
EDUs are equal to 18,375 gallons per day (GPD).
Applicant has indicated that the facility would be built in three phases
(Phases 1, 2 and 3) and would generate a discharge of more
than 25,000 GPD (per Toppan's letter to City of Poway staff dated July 13,
1999). Therefore, the project is declared a "high "(also
referred to as a "high :er user") per City Ordinance No. 473, in
that the applicant has the option of paying the total sewer fee
(Phase 1 only)for the wastewater discharge above 18,375 GPD prior to
building permit' pay appropriate lease payments pursuant to City
Resolution No. 97-06.
Should the applicant decide to participate in the lease payments, applicant
shall notify the City in writing prior to building permit issuance.
tv1 discharge for Phase 1 is limited to 96,768 GPD. If the
discharge exceeds the 96,768 GPD, applicant shall pay to the
City of Poway the appropriate fee to negotiate with the City of San Diego
Metropolitan W Department (Metro) or other agency for acquisition
of additional sewer capacity. Cost of additional sewer capacity, at a rate to
be determined, shall be paid to the City of Poway upon demand.
The manufacturing facility' ;led to recycle ii The City
cannot guarantee the availability of sewer capacity for Phases 2 and 3 until
such time as the City can obtain additional capacity from the Metro system.
Conditional Use Permit 99-11 may be subject to annual review as
determined by the Director of Development Services for compliance with the
-- Resolution No. P- 00-18
Page 5
conditions of approval and to address concerns that may have occurred
during the past year.
Development Review 99-13 approval is applied to Building 1 and the initial
set of outdoor tanks (Phase 1) only. An additional Development Review will
be required for Buildings 2 and 3 as well as for the additional outdoor tanks
shown in the concept plan.
o
The applicant/developer shall submit precise grading plans, permit
application(s), plan checking/inspection fees, geotechnical report and
geotechnical review fees to the Development Services Department.
9. Payment of permit(s), plan checking, inspection, and geotechnical fees.
10. Approval and/or payment of grading
11. Approval of soils report.
12. Approval of grading plans.
13. Submittal of
pollution prevention plan.
14.
Submittal of a copy or a proof of filing of a Notice of Intent (NOI) application
for coverage of the National Pollutant Discharge Elimination System
(NPDES) permit.
15.
The applicant/developer shall submit plans for imp of all public
street rights-of-way, public drainage, water and sewer systems to the
Development Services Department for approval.
16.
The applicant/developer shall provide for a drainage system capable of
handling and disposing of all surface water originating within the property
and all surface water that may flow onto the property from adjacent lands.
Said drainage system shall include any :1 structures required
by the Director of Development S City Engineer to propedy handle
the drainage and shall be designed so as to prevent ponding of surface
water that would create a public hazard
17.
18.
19.
Resolution No. P- 00-18
Page 6
The I' :1 sizes of all utility boxes and vaults within street rights-of-
way and the City's general utility easement shall be shown on the
improvement plans.
Stowe Drive and Kirkham Way, contiguous with the project's easterly and
southerly boundary lines, shall be dedicated to the City for public street
purposes. Street right-of-way widths shall be a minimum of 65 feet. The
applicant/developer is responsible to cause the dedication to the City of an
easement for the offsite street right-of-way for Stowe Drive east of the
project's boundary and Kirkham Way south of the project's boundary.
A 15-foot wide general utility easement, contiguous with the sidelines of
street rights-of-way, shall be dedicated to the City for the installation of utility
lines.
20.
Posting of perf :1 payment securities. These securities may be
waived by the City Engineer if a substantial amount of grading is completed
prior to installation of public imp ~1 there is a sufficient amount
of grading securities still held by the City to secure the imp '
21.
Payment of improvement plan checking, inspection, and improvement plan
administrative fees.
22.
Prior to start of work in public street rights-of-way or City-held easements, a
right-of-way permit shall be obtained from the Engineering Division of the
Development Services Department.
23.
Site shall be developed in accordance with the approved site plans on file in
the Development Services Department and the condil' :1 herein.
24.
Imp shall be :1 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, the current San Diego Regional Standard Drawings and
the South Poway Specific Plan.
25.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15 to April 15. A ~ plan
26.
27.
Resolution No. P- 0 O- 18
Page 7
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan. The applicantJdeveloper shall make provisions to insure
prop : all erosion control devices.
A :, ' ' : 20 feet wide for each new public water, sewer,
and drainage line, shall be dedicated to the City.
The following public iml: ~all be designed and :1 unless
noted otherwise:
- C ), gutter, and sidewalk shall
be constructed along the south side of the road contiguous with the
project's northerly boundary line wh ), gutter and sidewalk
presently exist. In addition, street lights shall be installed at locations
satisfactory to the City Engineer.
Street right-of-way shall be a minimum of 65 feet. Roadway width
shall be a minimum of 64 feet (curb to curb), with a portion of the
roadway to match the width of imp : Stowe Drive north of
Scdpps Poway Parkway. The design of the imp ~all be to
th =the City Engineer. Imp ~all include, but
not be limited to, street paving, : ~, gutter,
and sidewalk, street lights, striping, and signage. Pavement structural
section shall be based on a traffic index (TI) of 9.0.
- Street right-of-way shall be a minimum of 65 feet.
Roadway width shall be 64 feet (curb to curb). Improvements shall
include, but not be limited to, street paving, f concrete
curb, gutter, and sidewalk, street lights, striping, and signage.
Pavement structural section shall be based on a traffic index (TI) of
9.0.
if that portion of Kirkham Way from Tech Center Drive to the westerly
boundary of this project is not improved, then a temporary 76-foot
(curb to curb) cul-de-sac at the westerly end of the project shall be
:1.
98-05~ - Street design only.
Resolution No. P-00~ 18
Page 8
28.
29.
30.
31.
Water (potable and reclaimed) and
sewer lines shall be constructed in Stowe Drive and Kirkham Way up
to Tech Center Drive. Onsite potable water lines shall also be
constructed for fire hydrant(s) installation as required by the City Fire
Marshal. In addition, onsite reclaimed water lines shall be
:1 per the City's master plan. The size and location of the
water lines shall be as established by a water system analysis
prepared by an engineering firm designated and approved by the City.
The applicantJdeveloper shall pay to the City the cost of preparing the
analysis prior to submittal of improvement plans.
Sewer lines in Kirkham Way shall be a ' ' f 18-inch diameter
pipes and in Stowe Drive it shall be sized to the satisfaction of the City
Engineer.
Drainage pipelines and appurtenances shall be sized per City
approved hydraulics/hydrology calculations.
Tr Pc
intersection - Any modification as required by the City Engineer resulting
from th I the southerly extension of Stowe Drive.
All new and existing electrical/ 'CATV utilities within the
boundaries of the project shall be installed underground prior to installation
of concrete curbs, gutters, sidewalks, and surfacing of the streets. The
applicant/developer is responsible for complying with the req ' :this
condition and shall make the necessary arrangements with each of the
serving utilities.
Revised site plans and building incorporating all conditions of
approval shall be submitted to the Development Services Department prior
F building permits.
Complete landscape documents shall be submitted to and
approved by the Development Services Department prior to th :
building permits. Plans shall be prepared in accordance with City of Poway
Guide to Landscape Req (latest edition). This is a separate
submittal from the building plan check sets.
-- Resolution No. P- 00- 18
Page 9
32.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully :1 by the owner.
33.
All landscaped areas shall I: -I in a healthy and thriving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed 1 form. Pruning should I~ :11 the
health of the trees and to protect the public safety. Unnatural
pruning, including topping, is not permitted.
34.
Use of recycled water will be required for onsite landscape irrigation. Each
site shall have a designated user supervisor who has attended the San
Diego County Water Authority user sup County of San Diego
Department of E ~ Health will assess fees for the following
activities:
Site Plan Check
Shut Down Test**
Title 22 Inspection
$200.00 average cost*
$320.00 average cost*
$ 80.00 average cost*
* based on full cost recovery; actual I : may vary
** shut down test is required at initial installation and at least every four (4) years on
sites with both recycled and potable water.
35.
Approval of this request shall not 31lance with all "the
Poway Development Standards, the Zoning Ordinance, and all other
applicable City ordinances in effect at the time of building permit issuance.
36.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ord' Yect
at the time of building permit issuance.
37.
Submittal of a letter of participation in the lease program for payment of
sewer fees over 73.5 EDUs. The letter is not required if the
applicant decides to pay the ent' fee (for Phase 1 only)
of $912,007.60 (based on 387.1 EDUs = 96,768 GPD
discharge).
38.
Recordation of the Certificate of Compliance for Boundary Adjustment No.
99-10.
39. Approval of soils compaction report.
40.
41.
Approval of a certification of line and grade.
prepared by the project's civil engineer.
Resolution No. P- 00-18
Page 10
The certification shall be
Payment of development fees. The fees and the corresponding
as follows:
FEES
City water base capacity
SDCWA base capacity
Water meter fee
S
S [
S [inspection
Street light Energizing Fee
Drainage
Park
Pro-Rata share for Scripps
Poway Parkway (SPP)
AMOUNT
· ~138. 532.80****
$50.00 each
$25.00/cleanout
$350.00 per ligh
$47 301.01'****
106 418.75&
$168,275.00~'
Stowe Drive signal
contribution
$32,382.76,
Traffic mitigation
$91,080.00~
City water base capacity cost (subject to change):
1" meter = $ 6,678.00
1%' meter = $10,388.00
2" meter = $16,694.00
Other sizes = Contact City Engineering Division
SDCWA charge (subject to change):
1" meter = $ 2,994.00
1¼" meter = $ 5,613.00
2" meter = $ 9,729.00
Other sizes = Contact City Engineering Division
-- Resolution No. P-00- 18
Page 11
VV
fee (subject to change):
for 1" meter = $ 270.00
for 1%" meter = $ 600.00
for 2" meter = $ 800.00
for other sizes = Contact City Engineering Division
Represents eighty percent (80%) of sewer
EDU. Twenty percent (20%) of
sewer LOA application.
fee for 73.5
Aion fee to be paid with
See item
42.
43.
44.
(25.3 Acres + 118.87) X 222,240.00 = $ 47,301.01
(25.3 Acres + 118.87) X 500,000.00 = $106,418.75
$317,500.00 X 0.53 = $168,275.00
Where:
$317,500.00 is one-half the estimated cost of Scripps Poway
Parkway frontage imp between TM 98-05 (McMillin)
and TM 97-01 (Techbilt)
0.53 is the ratio of Toppan's frontage over the frontage
length between TM 98-05 and TM 97-01
(25.3 Acres + 48.83) X 62,500.00 = $32,382.76
(460,000 SF + 1000) x 12 trips x $66.00 x .25 = $91,080.00. This
amount is subject to change if building area changes and if brought
to City's attention pdor to building permit issuance for each respective
phase.
(Deleted)
The applicant/developer shall obtain a letter of I: from each offsite
property owner for ail required work located within their respective properties.
The applicantJdeveloper shall acquire an encroachment permit for any
private imp placed within the public right-of-way.
-- Resolution No. P- 00 - 18
Page 12
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
Any signs proposed for this development shall be designed and approved in
lh the sign ord' :ler a separate sign permit.
An Industrial User Discharge Permit shall be obtained for the new facility
from the City of San Diego. Proof of permit shall be supplied to the Poway
Development Services Department.
A metering station shall be ,1 onsite to measure the amount of
discharge going into the City sewer system. It shall be
constructed prior to occupancy.
Completion of public imp
Approval of record drawings of the grading and improvement plans.
Dedication of to the City for new public water, sewer, and
drainage lines, as required of the project.
Grading of the project shall be in substantial Ih the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management, and Discharge
Control Ordinance.
Offsite public imp that benefit other properties could qualify for
reimbursement pursuant to Chapter 13.24 of the Poway Municipal Code. A
reimbursement agreement shall be approved prior to of
imp
Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
Pert' for public imp if posted and separate from
the grading securities, shall only be reduced twice before completion of
imp Payment securities and remaining peri' Iies,
if any, shall be released no sooner than ninety (90) days after City's
acceptance of improvements, posting of warranty security, and approval of
record drawings.
Resolution No. P- 00-18
Page 13
Services:
55.
56.
57.
58.
59.
60.
Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
The buildings shall display th ' -Id 31e from
th .. M :the building numbers shall be 18 inches
on the front facade of the building. Building addresses shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
S -I meeting the Sheriff's Department - ASTREA criteria.
Every building hereafl ~ed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surfaces of
not less than 20 feet of unobstructed width, with adequate roadway turning
radiuses capable of supporting the imposed loads of fire apparatus having
· ' =13 feet 6 inches of vertical The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
An approved fire sprinkler system meeting P.M.C. req will be
required to be installed in the buildings. The building sprinkler system shall
be designed to meet a minimum .45/3000 design density at the roof.
Storage of Class A plastics up to 15 feet shall be protected by a design
density of at least .60/4000 square feet if no in rack sprinklers are to be
provided. The entire system is to be monitored by a central monitoring
company. System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to installation.
C ' t installing fire sprinkler and underground 1' ~all obtain
a copy of the Fire Department's "Policies for Automatic Fire Sprinkler
Systems."
An automatic £ ~,stem shall be installed to approved standards by
a propedy licensed contractor. System shall be completely monitored by a
UL listed central 3any or proprietary :ion.
Knox security key boxes shall be required for the building at a location
determined by the City Fire Marshal. A Knox padlock shall be required for
the fire sprinkler system post ind
61.
62.
63.
64.
65.
66.
67.*
68.*
69.
70,*
71.
Resolution No. P-00-~.8
Page 14
Fire Department access for use of fire fighting equipment shall be provided
to the immediate job site at the start of construction and
maintained at all times until is completed.
Permanent 'lways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
A minimum 4A:60BC fire extinguisher is required for every 3,000 square feet
and 75 feet travel distance. 2A:10BC fire extinguisher(s) are required for
off 'y 3,000 square feet and 75 feet of travel distance.
If led, it shall be sized t d hospital
gurney. Minimum d for the inside car platform shall be 6 feet 8
inches wide by 4 feet 3 inches deep (6'8" x 4'3").
The applicant shall provide a detailed plan for all storage areas and a
complete racking plan.
The addition of onsite fire hyd quired. The location of the hydrants
shall be determined by the City Fire Marshal.
Matedal Safety Data Sheets shall be required for all hazardous and/or toxic
sul: -I in each building.
An Emergency Contingency Plan and Hazardous Materials D lall
be filed with the County of San Diego Department of Health and copies
provided to the Poway Fire Department.
Prior to delivery of combustible building material onsite, water and sewer
systems shall ' ' y pass all required tests and b -1 to the
publ :1 sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
:y has been substantially completed to the satisfaction of
the City.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
The buildings shall be provided with approved automatic smoke and heat
vents.
Resolution No. P- 00-
Page 15
72. A water system analysis will be performed to establish available fire flow.
73.
If present, all electrically operated access gates shall be equipped with a
Knox override switch. Contact the Poway Fire Department to order the
appropriate hardware.
74.
Contractor shall ensure that conflicts between sprinkler head locations and
roof venting appurtenances (heat and smoke venting, turbines, and skylights)
do not exist.
75.
Fire sprinkler riser(s) shall be located within ten 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."
When the closet method is chosen, applicant shall provide 36 inches of
from the standpipe or attached additional ' ~le by a 3-
foot man door.
76.* The applicant shall comply with the conditions of construction, design and
o1: llined in the Technical Report dated December 10, 1999.
77.
These conditions apply to Building 1 only; however, the water system and
fire hyd : be completed and accepted prior to construction.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 14th day of March, 2000.
Michael P. Caf~
ATTEST:
Peoples, City CISrk
Resolution No. P- 00-18
Page 16
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
i, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 00- 18 , was duly adopted by
the City Council at a meeting of said City Council held on the 14th day of March, 2000, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~oi Anne Peoples, City C~rk
Ci, of Poway