Res P-00-31RESOLUTION NO. P- 00-31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-02
AND DEVELOPMENT REVIEW 00-02
ASSESSOR'S PARCEL NUMBERS 275-780-04, -07
WHEREAS, Conditional Use Permit 00-02 and Development Review 00-02 were
submitted by the Retirement Housing Foundation for the purpose of constructing 84
affordable senior apartments on a 3.36-acre site located near the eastern terminus of
Gateway Park Drive in the C Office zone; and
WHEREAS, on April 25, 2000, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Conditional Use Permit 00-02 and Development Review Permit 00-02 will not
result in a significant adverse impact on the t and the Negative Declaration
prepared for this and its companion applications adequately addressed the potential
imp : ,1 with the project.
Section 2: The findings, in accordance with the Section 17.48.070 of the Poway Municipal
Code for CUP 00-02, approving the establishment of an 84-unit affordable senior housing
facility, are made as follows:
The project' I with the General Plan and the Affordable Housing Overlay
which designate certain sites for the construction of affordable multi-family housing.
Th' designated for affordabl partments.
That the location, size, design, and operating characteristics of the use will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses, buildings, or natural in that the project meets all of the
location criteria for affordable housing and is located on a property adjacent to
existing retirement and medical facilities.
That the harmony in scale, bulk, coverage, and density ' l with adjacent
uses because the site will be developed with facilities and buildings which have
been designed to be compatible with surrounding
That th 31e public facilities, services, and utilities because the use will
be located in a development where all necessary t' -ly in place.
Resolution No. P- 00-31
Page 2
That there will not be a harmful effect upon desirable neighborhood ch
in that the facility has been designed with input from the neighbors and is
designated t' ;)artments only.
That the g :traffic will not adversely impact the surrounding :l/or
the City's Transportation Element, in that the use will operate in an area where
existing street imp -1 adequate off-street parking has been incorporated
into the project.
That the site is suitable for the type and intensity of the use, in that it is an area
designated t' , public, and semi-publ :1 .... size and
intensity with adjoining land uses.
That there will not be significant harmful effects upon quality and
natural in that the site had been previously graded and only limited
vegetation had regrown. Th bodies or endangered species located
on the site.
That th :h
be mitigated.
· negative impacts of the development that cannot
The impacts, as described in subsections (A) through (I) of Section 17.48.070, and
the location, size, design and operating ch =the proposed use and the
conditions under which it would be operated or maintained will not be detrimental
to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity nor be contrary to the adopted general plan.
K. The proposed conditional use will comply with each of the applicable
Section 17.48.070 of the Poway Zoning Code.
The findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for DR 00-02, for a two-story 51,576 square foot affordable senior housing facility,
are made as follows:
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the buildings have
been designed to be architecturally compatible with structures in th :1 the
facilities have been modified in accordance with the input provided through
neighborhood meetings.
The development encourages the ordedy and h
and property within the City through il ' '
development standards.
: structure
./with the City of Poway
Resolution No. P- 00-3:[
Page 3
Section 4: The findings in accordance with G
improvements are made as follows:
Code Section 66020 for the public
The design and imp :the proposed development l with all
elements of the Poway General Plan as well as City ordinances because all
necessary -I 1' I be available to serve the project. The provision
of public improvements and payment of development I -led as a result
of the proposed development to protect the public health, safety and welfare as
identified below:
1. Drainage imp
runoff; and
3all be provided for th
in surface water
2. Water and sewer fees shall be paid and onsite imf ' -l to
provide water and to the development; and
Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
Section 5: Conditional Use Permit 00-02 and Development Review 00-02 consisting of the
development of a 51,576 square foot affordable senior housing facility as shown on the
plans dated March 27, 2000, is hereby approved 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.
Approval of this request shall not
all other applicable City ord'
31lance with the Zoning Ord -l
fect at the time of building permit issuance.
The use conditionally granted by this permit shall not be conducted in such a
to interfere with th ~le use and enjoyment of th -ling
residential and uses.
This conditional use permit may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval
and to add that may h :1 during the past year.
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein. The
applicant shall comply with the Poway Municipal Code and the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
Resolution No. P- 00-31
Page 4
National Electric Code, Uniform Fire Code, and all other applicable codes and
ordinances.
The owner and operators of the proposed assisted living facility, and subsequent
shall abide by all required state and local permits and agreements
obtained for th :1 operation of this facility including Specific Plan 00-
01. Any changes in operation, level of service, or fiscal
responsibilities beyond what was originally approved shall be considered
revision to the conditional use permit and shall require City Council to approve
requested changes and may also req ' :lment of Specific Plan 00-01.
The design, o1: :1
shall b t with the guid
00-01.
"th rfordable housing complex
· 31ished for this project in Specific Plan
CUP 00-02 and DR 00-02 are integrally linked with the approval of CUP 00-03, DR
00-03, MCUP 00-001, VAR 00-01, and SP 00-0i in that, if any one of these
applications are not approved, the entire series of applications become null and
void.
Within 30 days after receiving City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) t 3e availability for 150
Equivalent Dwelling Units (EDU's) and post with the City, a nonrefundable
reservation fee equal to 20% of the sewera~j fee in effect at the time
the LOA is issued. The 20% reservation fee is $100,680, based on the City's
current fee schedule. It is subject to change without further notice.
Pdor to th : any
present parcel boundaries 1
parcel remaining 3.36-acres in size.
permits, the applicant shall reconflgure the
to the subject project design with the subject
The design of the development, as submitted for approval, indicates the
necessity of a boundary adjustment between Lots 4 and 5 of Map No. 11187,
merger of portions of Lots 4 and 5, and Lot "B" of same Map No. 11187, and
vacation of a portion of Gateway Park Road (formerly known as Stonegarden
Road). The boundary adjustment, merger and vacation can be
accomplished, altogether, by the filing of a parcel map pursuant to Section
66499.20~ of the Subdivision Map Act and Section 16.12.080c of the Poway
Municipal Code. The City reserves the dght I y existing
or rights-of-way or new to be dedicated within the subdivided
area. Further, public utility companies, with their franchise dghts to Gateway
Park Road, may reserve an easement or easements for their respective
utility lines.
K=
L=
Resolution No. P- 00 - 3 !
Page 5
An emergency publ : and a general utility ~all
be dedicated to the City over that portion of Gateway Park Road to be
vacated.
A ~ ' ' '~ 20.00 feet wide and for the benefit of the
eastedy parcel, shall be reserved on the parcel map. Th
shall be from th :1 of Gateway Park Road to said eastedy parcel.
Grading securities shall be released only upon completion of the project and upon
City approval of the record drawings of the grading plans.
A warranty bond shall be posted after completion of all public improvements
required to be constructed with this project.
Prior to th : a building permit, the applicant shall obtain approval of a
grading permit. Compliance with the following conditions is required prior to
: the grading permit:
']'he applicant/developer shall submit precise grading plans, permit
applications, plan checking/inspection fees, geotechnical reports and
geotechnical review fees to the Development Services Department.
=
Grading of the project shall be in substantial th the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15 to Apd115. A Irol plan
shall be prepared by the project civil engineer and shall be submitted as part
ofthe grading plan. The applicantJdeveloper shall make provisions to insure
prop I all lrol devices.
4. Payment of permit(s), plan checking, inspection, and geotechnical fees.
5. Submittal
-1 approval of grading plans.
6. Submittal 1'
:1 approval of soils report.
Submittal and/or payment of grading
by the City Attorney.
S · be approved
8. Submittal of a storm water pollution prevention plan.
10.
11.
Resolution No. P-00-31
Page 6
S j
for coverage of the
(NPDES) permit.
National
Notice of Intent (NOI)
Pollutant Discharge Elimination System
Paving of the parking lot shall the standards set forth in Section
12.20.080 of the Poway Municipal Code.
All driveway approaches to be developed shall be with alley-type curb
returns.
12.
Every building hereafl :1 shall be accessible to Fire Department
apparatus by way of 'lways 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 The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
13.
Grading of the project shall be in substantial :h the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
14.
The applicant/developer shall submit plans for imp ~ public water
system for new fire hydrant installation, if required.by the City Fire Marshal,
to the Development Services Department for approval.
15.
The applicant/developer shall provide for a drainage system capable of
handling and disposing of all surf 'ginating within the project site
and all surf that may flow onto the project site from adjacent lands.
Said drainage system shall include any easements and :luired
by the Director of Development $ 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
16.
A I measuring a ' ' :20.00 feet wide for each new public
water line and/or sewer line, shall be dedicated to the City.
17.
The following public improvements shall be designed and constructed,
: :1 otherwise:
Onsite potable waterlines for fire hydrant installation. Onsite potable
water lines shall be :1 for new fire hydrant installation as
required by the City Fire Marshal. The size and location of the water
Resolution No. P-00- 31
Page 7
lines shall be established by a water system analysis prepared by an
engineering firm designated and approved by the City. The
applicant/developer shall pay to the City the cost of preparing the
analysis prior to submittal of improvement plans.
b. Onsite publ'
18.
All new and existing electrical/ ~CATV utilities within the
boundaries of the project shall be installed underground. The
applicant/developer is responsible for complying with the req ' : this
condition and shall make the necessary arrangements with each of the
serving utilities.
19.
The locations and sizes of all utility boxes and vaults within public street
rights-of-way and the City' ~all be shown on the improvement
plans.
20.
The applicant/developer shall ~ment removal agreement
(also referred to as encroachment permit) with the City for any private
improvements placed within public street rights-of-way or City easements.
Prior to the construction of site imp the applicant shall comply with the
following to th ' ' =the Engineering Division of the Development Services
Department:
1. Preparation of a water system analysis for sizing of public water lines.
2. Submittal f
:1 approval of public improvement plans.
Execution of a Standard Agreement for C : Public Imp
(Agreement) and posting of performance and payment securities, The
Agreement and securities may be waived by the City Engineer if a
substantial amount of grading is completed prior to installation of public
imp :l th ~cient grading securities held by the City to
secure the improvements and the remainder of grading work.
Payment of improvement plan checking, inspection, and improvement plan
administrative fees.
Acquisition of a right-of-way permit. The permit is required before any work
is to be done in public street rights-of-way or City-held
Execution of an encroachment removal agreement. The agreement is
needed if any private imp are to be placed within public street
rights-of-way or City-held
-- Resolution No. P- 00-31
Page 8
During the construction of site imf
following:
the applicant shall comply with the
1. Installation and
and April 15.
devices between October 15
2. Implementation of th
pollution prevention plan.
3. Processing of easement dedications to the City.
Prior
building permit, the applicant shall comply with the following:
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Development Services Department prior
: building permits.
The building elevation shall show all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets to the satisfaction of the
Director of Development Services.
Trash receptacles shall be enclosed within a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be away
from the residential neighborhood, if possible, and subject to approval by the
Director of Development Services.
A reciprocal access, parking and ;Ireement shall be proposed
between Lots 4 and 5 of Map No. 11187. The agreement, which shall be
subject to th : the City Attorney, shall be recorded against the
properties to insure that to the properties are aware and
obligated to this requirement.
A revised site plan shall be submitted I :1 approval by the Director
of Development Services. The plan shall show the following:
All parking lot landscaping shall include a ' ' I one 15 gallon
size tree for every three spaces. For parking lot islands, a minimum
12 inch wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six inch high, six inch wide
Portland t curb.
New parking lot lights shall be Iow pressure sodium and have a
height of 18 feet from the finished grade of the parking
Resolution No. P- 00-31
Page 9
surface and be directed away from all property lines, adjacent streets,
and buildings on adjacent lots. Alternative designs shall be subject
to the approval of the Director of Development Services.
All parking spaces shall be double striped. The parking lot design
shall comply with the A :h Disabilities Act; i.e., 1:25 ratio
t' 31e spaces with at least 31e space.
Carpod .3 of approximately 16 spaces shall be constructed
on the west parking lot of th rfordable housing complex, and
shall be of a design subject to the of the Director of
Development Services.
A detailed landscape and irrigation plan shall be submitted for review and
approval by the Director of Development Services. Plans shall be prepared
in accordance with the City of Poway Guide to Landscape Req
(latest edition) and shall show the following:
Street t ' ' 115 gall larger, shall be installed
in accordance with the City of Poway Guide to Landscape
Req ~ ~1 shall be planted at an average of 30 feet on center
spacing along Gateway Park Drive. The applicant shall make every
effort to retain the existing street trees. Additional trees may be
required to meet City standards.
Permit and plan check fees shall be paid upon submittal of map,
improvement plans and/or grading plans, as applicable. Development fees,
including but not limited to, domestic and irrigation water service fees,
remaining t l fees, and sewer inspection
fees shall be paid prior to building permit issuance.
The following req
:the Safety Services Department shall be met:
The buildings shall have installed an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to b :1
by a central monitoring company. System post ind :h
tamper switches, also monitored, are to be located by the City Fire
Marshal prior to installation.
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.
Resolution No. P- 00- 31
Page 10
Prior to delivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and 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 activity has been
substantially completed to th ; the City.
If ' led, at least one shall be sized t -late
a normal hospital gurney. Minimum d of the inside car
platform shall be 6'8" wide by 4'3" deep.
If medical gases are planned to be used in this building, they shall be
installed to meet req !the Uniform Fire Code, Article 74-
Compressed Gases.
The addition of onsite fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
Fire sprinkler riser(s) shall be located within ten (10) feet of an extedor
man door or shall be located inside an enclosed closet with an
ex~ 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 ' 31e by a 3-foot, O-inch man door.
If the existing cul-d , .lesigned or reconfigured, it shall have
a 38-foot radius (76-foot diameter)
The applicant/developer shall comply with the following to the satisfaction of
the Engineering Division of the City's Development Services Department:
a. Submittal and approval of
~action report.
Submittal and approval of a certification of line and grade. The
certification shall be prepared by the project's civil engineer.
c. Payment of development fees. The fees and the corresponding
amounts are estimated as follows:
_ Resolution No. P- 00- 3 !
Page 11
FEES
City Water Base Capacity
- Potable water (1" meter)
SDCWA Base Capacity
- Potable water (1" meter)
W fee
- Potable water (1" meter)
Sewer C
Sewer Cleanout
Sewer Cleanout Inspection
Drainage
Park
Traffic Mitigation
AMOUNT
See note below*
See note below**
See note below**
$503400****
50 each
$25/cleanout
$142.550*****
$315.000,
$44 550,-
City water base capacity cost (sub ect to change):
1" meter = 6,678.00
1W' meter = 10,388.00
2" meter = 16,694.00
Other sizes = Contact City Engineering Division
SDCWA base capacity fee (subject to change):
1" meter = $ 2,994.00
1¼" meter = $ 5,613.00
2" meter = $ 9,729.00
Other sizes = Contact City Engineering Division
Water meter fee (subject to change):
1" meter = $270.00
1 ¼" meter = $600.00
2" meter = $800.00
Other sizes = Contact City Engineering Division
150 units X $3,356.00/unit = $503,400.00 - This amount represents 100% of
fee. If a reservation fee of $100,680.00 is paid with the
application for sewer availability (see item 1 under "Other Engineering
Requirements"), the amount due prior to building permit' 3all be
adjusted accordingly.
Resolution No. P- 00 - 3 ].
Page 12
***** 150 units X $950.00/unit = $142,550.00
150 units X $2,100.00/unit = $315,000.00 (based on 1999 rate per
Resolution No. 98-108). The amount is subject to change, to be calculated,
using th ~ect at time of payment.
· - 150 units X 4.5 trips/unit X $66.00/trip = $44,550.00
Prior to occupancy, the applicant shall comply with the following:
Prior to any use of the project site or business activity being :1
thereof, all conditions of approval contained herein shall be completed to the
sal : the Director of Development Services.
The existing parking lot and street located within both projects shall be
rehabilitated. This will include, "y, removal and repair of deeply
cracked areas, crack sealing, seal coating and striping, and shall be subject
to the of the Directors of Public Services and Development
Services.
The building shall have its :ldress displayed in a ~)le
from the :. Minimum size of the building numbers shall be 18
inches on the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff Department's ASTREA criteria.
Permanent Jways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
Minimum 2A: 10BC fire extinguisher(s) are required for 3,000 square feet and
75' of travel distance.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
Roof covedng shall be fire retardant as per U.F.C., Section 3203(e) and City
of Poway Ordinance No. 64.
A f' ./stem shall be installed to approved standards by
a properly licensed contractor. System shall be completely monitored by a
U.L. listed central stat' 3any or proprietary · lion.
10.
11.
12.
13.
14.
15.
Resolution No. P- 00 - 3 ].
Page 13
^ hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area of the recreation building. Plans to be
submitted and approved, prior to installation.
A Knox Security Key box shall be required for the building at a location
determined by the City Fire Marshal. ^ Knox padlock shall be required for
the fire sprinkler system Post Indicator Valve.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
SUb :1 in each building.
An Emergency Contingency Plan and Hazardous Materials D wall
be filed with the County of San Diego Department of Health and copies
provided to the Poway Fire Department.
Provide a site directory map (lighted) at the project entrance.
Improvements shall be -I in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works C and its corresponding San
Diego supplements, the current San Diego Regional Standard Drawings and
the South Poway Specific Plan.
The applicant/developer shall comply with the following to the satisfaction of
the Engineering Division of the Development Services Department.
a. Completion of public imp
b. Approval of record drawings of the grading and improvement plans.
C=
Approval of parcel map (to boundary adjust Lots 4 and 5; merging Lot
"B" with a portion of Lot 4 of Map No. 11187; and vacation of a portion
of Gateway Park Road).
Dedication of easements to the City, to include but not limited to
easements or new public water lines, sewer lines, drainage lines,
emergency publ :, and general utility easement as
required of the project. Dedication shall be done preferably with the
parcel map; otherwise it could be done by separate instrument.
-- Resolution No. P- 00-31
Page 14
Upon occupancy, the following conditions shall apply:
Th :paved roadways, parking I' kways, buffer
walls and landscaped areas that were previously a part of, and maintained
and/or irrigated by, the Gateway retirement facility but now are located within
the parcel boundaries of the affordable senior housing parcel, shall remain
the responsibility of th : the Gateway retirement facility, presently
the Retirement Housing Foundation. Responsibility shall mean providing
both proper levels of and funding to support the care and
i the landscaping, walls, and hard sud'
The removal of trash from the Gateway assisted living facility and affordable
senior housing complex shall be limited to the hours of 7:00 a.m. to 6:00 p.m.
with no collection on Saturday or Sunday. If, for any reason, compliance
with these hours cannot be achieved, modifications may be considered
subject to the sat "the Director of Redevelopment Services.
Landscaped areas within the adjacent public right-of-way shall be
permanently and fully :1 by the owner.
All landscaped areas shall I~
free from weeds, trash and debris.
-I in a healthy and thriving condition,
Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
Section 6: The terms and conditions of Conditional Use Permit 00-02 and Development
Review 00-02 shall be binding upon the permittee and all persons, firms and corporations
having an interest in the property subject to these permits and the heirs, executors,
ad ~ ~1 assigns of each of them, including municipal corporations,
public ag :1 districts.
Section 7: This approval shall become null and void if building
this project by April 25, 2002 at 5:00 p.m.
not issued for
Section 8: Pursuant to G l Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
3osed pursuant to this approval shall begin on April 25, 2000.
Resolution No. P- 00-31
Page 15
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ' g this 25th day of April, 2000.
ATTEST:
nne Peoples, City Clerk
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- 31, was duly adopted by the
City Council at a meeting of said City Council held on the 25th day of April, 2000, and that
it was so adopted by the following vote:
AYES: ENERY, HIGGINS0N, GOLDBY, CAFAGNA
NOES: NONE
ABSTAIN: N0ilE
ABSENT: R E X FO RD
~A~n~e Pe~oples, Ci~ty C~l rk-~
City of Poway