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Res P-00-33RESOLUTION NO. P-00-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MCUP 00-001 ASSESSOR'S PARCEL NUMBERS 275-780-04, 05 & 07 WHEREAS, MCUP 00-001, submitted by the Retirement Housing Foundation, applicant, requests a Minor Conditional Use Permit to expand the use of the existing 134- unit Gateway retirement facility to include the adjoining 66-unit assisted living facility and to reestablish Conditional Use Permit 84-03 in the new C Office zone located at the eastern t : Gateway Park Drive; and WHEREAS, on April 25, 2000, 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 follows: Section 1: The City Council finds that the Negative D companion applications adequately addressed the potential :1 with the project. prepared for this and its Iai impacts Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal Code for MCUP 00-001 expand the use of the existing 134-unit Gateway retirement facility to include the adjoining 68-unit assisted living facility and to reestablish Conditional Use Permit 83-04 in the new C Off' :le as follows: The project' : with the General Plan and the Affordable Housing Oveday, which designate certain sites for th :affordable multifamily housing. This site was designated for affordabl 3artments. 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, structures, or natural in that the project is located on a property adjacent to existing retirement and medical facilities and which meets all of the location criteria for affordable housing. 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 structures. That th 31e public facilities, services, and utilities, because the use will be located in a development where all necessary facilir -ly in place. Resolution No. P- 00-33 Page 2 There will not be a harmful effect upon desirable neighborhood characteristics, in that the facility has been designed with direct input from the neighbors and is designated 1' 3artments only. the g :traffic will not adversely impact the surrounding 'l/or the City's Transportation Element, in that the use will o1: ~ ~ street imp J off-street parking will be adequate, given the scale of the proposed use. the site is suitable for the type and intensity of the use, in that it is an area designated 1' public and semipublic uses, and .... size and intensity with adjoining land uses. there will not be significant harmful effects Ul: quality and natural in that the site had been previously graded and only limited vegetation had regrown. Th bodies of :langered species located on the site. There are no otb mitigated. negative impacts of the development that cannot be 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. Section 3: The City Council hereby approves MCUP 00-001 to expand the use of the existing 134-unit Gateway retirement facility to include the adjoining 66-unit assisted living facility and to reestablish Conditional Use Permit 83-04 in the new C Office zone, subject to the following conditions: The applicant shall abide by the conditions and req approval of CUP 83-04 and CUP 83-04R. · 31ished with the Paved roadways, parking lots, concrete walkways, buffer walls, and landscaped areas that were previously a par[ of, and J and/or irrigated by, The Gateway retirement facility, but now are located within the pamel boundaries of the affordable senior housing parcel, shall remain the responsibility of th : The Resolution No. P-0 0- 3 3 Page 3 Gateway retirement facility, presently the Retirement Housing Foundation. Responsibility shall mean providing both proper levels of ~1 funding to support the care and : the landscaping, walls, and hard surface areas. The existing parking lot and street located within the existing and proposed develol; be rehabilitated. This will include, 'y, removal and repair of deeply cracked areas, crack sealing, seal coating, and striping. A reciprocal -1 parking agreement shall be prepared between Lots 4 and 5 of Map No. 11187. The agreement, subject to the satisfaction of the City ,Attorney, shall be recorded against the properties to insure that to the properties :1 obligated to this requirement. A ' ' ';iht-foot high buffer wall shall b -1 around the border where the zone abuts the residential zone. The wall shall be stuccoed and may include decorative accents such as trim caps or pilasters. The Poway Municipal Code provides that if there is a four-foot difference, higher or lower, than the project level pad, a six-foot high wall will be acceptable. Representatives with the Retirement Housing Foundation shall negotiate with the adjacent property owners to decide the height and color of the wall. The final design shall be subject to the sat' ' I the Director of Development Services. T ' ' the d be -I prior 1 of Development Services. to the adjoining property owners, the buffer wall shall unless determined infeasible by the Director The applicant shall stucco both sides of the existing masonry buffer wall. The lengthening of the wall, in :h this project, shall also be stuccoed and improved in th :1 texture to insure a consistent wall appearance. There is an isolated eight-foot high buffer wall section located east of th I and down slope of the existing Gateway retirement facility. Under the RS-4 designation, this wall was not required. ~ :ler the new C Office land use designation, this wall is required and shall be treated or enhanced to apl; to the new wall along the northern property boundary. The removal of trash shall be limited to the hours of 7:00 a.m. to 6:00 p.m. There shall be no weekend pickups. If, for any reason, compliance with these hours cannot be achieved, modit ! be considered subject to the satisfaction of the Director of Development Services. Resolution No. P- 00-33 Page 4 The equestrian/pedestrian trails located in the project area shall be improved or rehabilitated based on the level of impact created during construction. This will include smoothing the trail surface, replacing the wood fence, and trimming of shrubbery ¥ to keep it clear of the trail, yet still maintain the visual buffer with the adjoining residential neighborhood on the northern section of the trail. All imp ~all be subject to th :the Director of Public Services. All new imp to the site including the trail, buffer wall, and landscaping shall I: :1 entirely on the applicant's property. Any modification to any of these facilities will b -lated on the project site. The "g pathway section of the driveway that ~ :1 the building on the north side is in disrepair. Decomposed granite shall be spread across the surface, filling in the open block sections, and compacted to create a smooth surface. To preclude any I to the site from the north, the applicant shall request a vacation of Country Squire Lane from Pedriza Road south to the west property line of The Gateway, a distance of approximately 140 feet. The applicant shall submit an application and pay the appropriate fees for the vacation, if approved by the City Council. The applicant shall be required to remove the existing curb, gutter, sidewalk, and asphalt within the roadway and fill the area to a level equivalent to the adjoining side yards. Additionally, the applicant will be required to extend and connect to either end the concrete curb, gutter and sidewalk along the length of Pedriza Road. Said improvements shall be subject to the design and approval of the Directors of Development $ -I Public Services. All imp ~all be completed prior to ' : a certificate of occupancy. No boats, campers or otb The Gateway, assisted living, vehicles may be stored on the p rfordable housing sites. The p ' :l located along the southern frontage of the senior affordable housing complex shall be striped on both sides 1 :late parallel parking. The radius of the cul-de-sac shall be painted red and marked "No Parking - Fire Lane." 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. All signage shall comply with the Poway Municipal Code. A sign permit is required for all new signs. -- Resolution No. P- 00-33 Page 5 MCUP 00-001 shall not b :1 until th :1 living facility has been established. If the assisted living facility is not -I, The Gateway will continue to rely on the conditions established with CUP 84-03. The testing of emergency generators in all facilities shall be limited to Monday through Friday 10:00 a.m. to 3:00 p.m. Th -1 operators of The Gateway retirement facility shall make a resident transit van available to the senior affordable housing complex. The hours of op ~1 use shall be determined through the establishment of the operating budget for the affordable housing development. MCUP 00-001 is integrally linked with the approval of CUP 00-02, DR 00-02, CUP 00-03, DR 00-03, VAR 00-01, and SP 00-01 in that, if any one of these applications is not approved, the enl' ' applications b II and void. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 25th day of April, 2000. ATTEST: Lorl Anne Peoples, City Cleft( Resolution No. P- 00-33 Page 6 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- 33 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: EMERY, GOLDBY, H[GG[NSON, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: REXFORD nne Peoples, City CleYk City of Poway