Res P-00-52RESOLUTION NO. P- 00-52
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 98-27
ASSESSOR'S PARCEL NUMBER 317-101-24
WHEREAS, Clem Abrams, applicant, is requesting Development Review 98-27
approval I : a 35 unit, two-story apartment complex (six units affordable to
households with very I ) with four apartment buildings and a common
building totaling 39,976 square feet on 1.87 acres at 13406-13410 Community Road
(west side), just south of Hilleary Park within the Residential Apartment (RA) zone; and
WHEREAS, on July 11,2000, the City Council held a hearing on the above
referenced item; and
NOW, THEREFORE, the City Council does hereby
follows:
ection 1: This project is Categorically Exempt from the California E
Quality Act, Section 15332, Class 32 exemption, as an in-fill development project.
The findings, in accordance with Section 17.52 of the Poway Municipal
Code and the perr ~ards for the Residential Apartment zone for
Development Review 98-27, are made as follows:
A=
The approved project' l with the Poway General Plan and Zoning
Development Code as an apartment complex permitted within the Residential
Apartment land use designation and zoning district.
B=
The approved project will not have an ad :hetic, health, safety, or
architecturally related impact upon adjoining properties as the design of the
buildings for the intended purl: to the criteria of the Community
Design Element of the Poway General Plan and will be compatible with current
and future buildings in the vicinity.
The approved project encourages the orderly and h
:1 property within the City as the use ' l with the
architectural and site design standards in the Poway General Plan and Zoning
Development Code.
The findings, in accordance with G
public imp are made as follows:
Code Section 66020 for the
A=
The design and improvements of the proposed development l with
all fthe Poway General Plan as well as City ordinances because all
necessary -I facilities are in place to serve the project. No additional
Resolution No. P- 00-52
Page 2
! public imp :led as a result of the proposed
development to protect the public health, safety and welfare as identified below:
Onsite and offsite drainage improvements are in place to handle the
surface water runoff.
Fire hydrants are in place to serve the development and provide fire
protection.
Water and sewer fees were paid and onsite and offsite improvements
were made to provid :1 to the development.
Access to the site is provided in accordance with City standards and to
ensure adequate emergency access.
Section 4: The City Council hereby approves Development Review 98-27 to construct
a 35 unit, two-story apartment complex with four apartment buildings and a common
building totaling approximately 39,976 square feet on 1.87 acres at 13406-13410
Community Road (west side), just south of Hilleary Park within the Residential
Apartment (PA) ~ plan dated June 16, 2000, and building
elevations dated April 26, 2000, subject to the following conditions:
A. Within 30 days of the approval the applicant shall:
Submit in writing that all conditions of approval have been read and
understood.
Apply for a Letter of Availability (LOA) to .~e availability for
and post with the City, a
nonrefundable reservation fee equal to 20% of the sewerag
fee in effect at the time the LO^ is issued. The 20% reservation fee is
$16,963.20, based on City's current fee schedule. It is subject to change
without further notice.
Bo
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, National Electric Code, Uniform Fire Code, and all other applicable codes
and ordinances.
D=
Resolution No. P-00-52
Page 3
Prior to ' : a Building Permit, the property owner shall enter into a
Regulatory Agreement with the City of Poway that will be executed and recorded
3rance to the property and provide that the affordable housing
will run with the land. The Regulatory agreement shall be in a form
and content to the sat ~ the City Attorney and will include, but not be
limited to, the following provisions:
A ' ' I ' 3all be made available to, restricted to, and
rented to, households of very I defined by the State of
California Health and Safety Code Section 50105, :led thereto.
The agreement shall specify that the affordability of the units shall
continue in perpetuity, and that any disconr : affordability would
req :lment to this agreement and the approval of the City of
Poway City Council.
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In recognition of the units being set aside as affordable, the City has
agreed to accept a reduction of in-lieu public street imp fees
from $39,900 to $30,700 and to all I the on-site park-like
area.
4. The units that are set aside for households of very I
3all be:
a. comparable in design and amenities to the market rate units,
b. designed
: two bedrooms per unit,
c. dispersed throughout the complex,
d. available to t' :l not reserved 1' y.
Th monthly rent for th : aside for very I
households shall be established by the Poway Redevelopment
Department at one-twelfth of thirty percent (30%) of fifty percent (50%) of
the San Diego County median income for a family of a size appropriate to
the unit. Rent shall have the meaning set forth in 25 California Code of
R Section 6918 and shall includ 31e allowance for
utilities, as determined pursuant to the San Diego County Housing
Authority utility allowance for Section 8 programs.
Resolution No. P- 00-52
Page 4
Thirty days prior to any transfer of ownership, notification shall be made to
the City of Poway Development Services Department, Planning Division
and the City of Poway Redevelopment Department indicating the name,
address and phone number of the new property owner.
Any changes to the project affecting the affordability of the units, shall
only be made through an amendment to this Agreement signed by the
owner and the City.
o
By June 1 of each year, the property owner shall verify th f each
proposed and existing tenant of th ' :1 units. The property owner
shall submit an annual report setting forth the location of the restricted
units, names of the tenants, income of the tenants, rent amounts, and
otb :h respect to the restricted units, in a form to be
provided by the City.
Prior to ' : a building permit, the applicant shall obtain approval of a
grading permit. Compliance with the following conditions is required prior to
~ the grading permit:
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.
Grading of the project shall be in substantial conf :h the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance (Ord. 77,347, PMC Division III
· ..] at Chapter 16.40), City Drainage and W
Ordinance (Ord. 29, PMC Division IV Chapter 16.58), and City Storm
Water Management and Discharge Control Ordinance (Ord. 437, PMC
Chapter 13.09). "PMC" refers to the Poway Municipal Code.
Erosion control, including but not limited to desiltation basins, shall be
installed and J from October 15th to April 15th. An erosion
control plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The applicant/developer shall make
provisions to insure proper maintenance of all erosion control devices.
Applicant/developer shall comply with the following items. Compliance
shall be made through the Engineering Division of the City's Development
Services Department.
Resolution No. P- 00-52
Page 5
Payment of permit(s), plan checking, inspection, and geotechnical
fees.
b. Submittal f
approval of grading plans.
c. Submittal
approval of soils report.
Submittal and/or payment of grading securities. Securities must be
approved by the City Attorney.
e. Submittal of a storm water pollution prevention plan.
A landscape plan shall be submitted for approval by the Director of
Development Services showing landscaping and irrigation to be provided
in accordance with City codes. The plan shall include the following:
Landscaping within the front yard setback along Community Road
shall show a ' ' Ithree 15-gallon street trees, a
of 30 feet on center. Any shrubs planted shall be a minimum five-
gallon size. Groundcover shall be served by a permanent irrigation
system.
Any existing or proposed utility b ,.-'1 Community Road shall
b ~ and the location of the proposed I sign shall
be noted.
A master plan of the existing on-site trees shall be provided to
determine if any existing on-site trees can be retained wherever
possible. Said trees shall be trimmed and :1 in
accordance with the adopted "City of Poway Guidelines to
Landscape Requirements." The plan shall note that during
a chain link fence shall be placed around the drip line
of any trees to be preserved in place to protect the trees during
grading and lies.
A revised site plan shall be submitted 1' :1 approval by the
Director of Development Services. The site plan shall include the
following:
Resolution No. P- 00-52
Page 6
All solid waste and recycling lructed of decorative
block with solid metal gates painted to match the buildings and with
opaq ~aque horizontal screening (such as a trellis) to
screen the views of the solid waste from the second floor
apartments.
A detail of the child's play area including fencing, landscaping,
seating areas and play equipment. The play area equipment
chosen shall be of a safe design with the surface of the child's play
area to contain rubberized tiles.
A striping plan for the parking lot showing a ' ' 179 parking
spaces, including four parking sF 31e to persons with
physical disabilities with a ' ' '.3ht foot wide
loading/unloading aisle for one set of spaces and a minimum five
foot wide aisle for the other set of spaces, and two motorcycle
spaces. All parking spaces shall be double-striped.
The location and design of the easterly extension to the eight foot
high wall shall be submitted for approval to the Development
Services Department, Planning Division. The existing wall is along
the southern property line and the extension will start at the eastern
1' ~ the existing wall and extend east for about 50 feet to
the 20 foot setback line from Community Road. Th
materials of the wall shall be d :1 compatible with the
existing wall.
e=
The location and design of the six to eight foot high walls on the
west, north and east sides shall be submitted for approval to the
Planning Division of the City's Development Services Department
in accordance with Section 17.08.220(A) of the Poway Municipal
Code.
The lighting requirements for the RA zone shall be included on the plans
as follows:
Automatic timing devices shall be integrated into all new or
modified lighting systems to turn off lights at 11:00 p.m. except
when used for security purposes, illumination of roadways,
sidewalks, and similar safety-related applications.
b=
All lighting used in parking lots, for security purl;
safety-related uses, shall be Iow-p :lium.
10.
11.
Resolution No. P- 00-52
Page 7
All exterior lighting shall be scheduled so that light rays emitted by
the fixture are projected below the imaginary horizontal plane
passing through the lowest point of the fixture and in such a
manner that the light is directed away f :1 adjoining
properties.
d. III
building.
to be integrated with the architecture of the
e. Freestanding lamp posts shall be no taller than 18 feet.
f=
The intensity of the light at the boundary of any multi-family zone
shall not exceed 75 foot lamberts f ; reflected light.
The applicant shall provide d ·Iion that this requirement is
met to th I the Director of Development Services.
The plans submitted to the Building Division shall show compliance with
th :~ations of the Phase 1 hazard' '
l prepared by CERES, dated October 27, 1998, and on file at
the Development Services Department - Planning Division.
A demolition permit shall be obtained for the former auto parts building
and the residential garage.
A demolition permit shall be obtained for the existing house, with
provisions to salvage the wood paneling, rock from the chimney and other
building materials from the house and to use in the I the
common building near th ' ;3 pool.
Applicant/developer shall comply with the following items to the
sal ~ :the Engineering Division of the City's Development
Services Department:
a. Submittal and approval of soils' compaction report.
Submittal and approval of a certification of line and grade. The
certification shall be prepared by the project's civil engineer.
Payment of development fees. The fees are as follows and the
amounts are subject to change without further notice. The
amounts to pay shall be those in effect at time of payment.
Resolution No. P- 00-52
Page 8
FEES
Water base capacity
tResol. 91-123)
Water meter
Resol. 91-123)
SDCWA capacity charge
(To be paid by separate
check, payable to San
Diego County Water
Authority)
Sewer C
(Resol.96-096)
S I box
'Resol. 96-096)
S l inspection
/Resol. 96-096)
Traffic mitigation
(Resol. 83-045)
Park
(Resol. 98-108)
AMOUNT
3,710.00 for each %" meter
6,678.00 for each 1" meter
10,388.00 for each 1¼" meter
or other sizes, contact Engineering
Division
130.00 for each ~" meter
270.00 for each 1" meter
600.00 for each 1¼" meter
or other sizes, contact Engineering
Division
$1,871.00 for each ~" meter
$2,994.00 for each 1" meter
$5,613.00 for each 1W' meter
For other sizes, contact Engineering
Division
$84,816.00 for 36 EDU's
(35 living units + 1 accessory unit)
(Note: $16,963.20 must be paid with
,ewer L OA application to be made within
30 days from development approval,
representing 20% of the sewer
" fee. The balance of the total
amount to pay, prior to building permit
ssuance shall be adjusted accordingly).
-~50.00 per box
$25.00 p l box
$18,480.00
($528.00/unit X 35 units)
$73,500.00
($2,100.00/unit X 35 units)
Drainage $54,950.00
($1,570.00/unit X 35 units)
Resolution No. P-00-52
Page 9
12.
In-lieu fee for Community
Road improvements
$30,700.00
Archaeological monitoring is required during the initial stages of grading to
review the subsurface area within the project and to identify any historic
that may be found. If any h' ' features are
revealed during the initial grading, the grading must be halted until the
unknown be reported to the City and evaluated for their
importance pursuant to the California E Quality Act. Any
significant cultural I be subject to mitigation before
grading ' :1.
Compliance with the following conditions is required prior to construction
of public improvements:
The applicant/developer shall submit plans for imp
water system and sewer sy
public
Imp 3all I; J in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Sp for Public Works C :t its corresponding San
Diego supplements, the current San Diego Regional Standard Drawings.
The applicant/developer shall provide for a drainage system capable of
handling and disposing of all surf '~inating 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 S City Engineer to
properly handle the drainage and shall be designed so as to prevent
ponding of sud' ' that would create a public hazard
An easement, ' ' : 20.00 feet wide for each new public water
lines and/or sewer lines, shall be dedicated to the City. Th :
width for combined water and sewer lines may be reduced to a minimum
of 30.00 feet wide if these I' -I parallel with and no more
than 10.00 feet apart from each other. Deviation from th ' '
widths requires prior approval from the City Engineer.
An additional easement for street right-of-way, for the widening of
Community Road, shall be dedicated to the City. An additional 18.00-foot
wide right-of-way is required to attain the desirable 100-foot right-of-way
for Community Road.
Resolution No. P-00-52
Page 10
10.
The following public imf
unless noted otherwise:
~all be designed and constructed,
r lines f s The size and
location of the water lines shall be that as 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.
~sion.
Construction of street improvements
along the project's frontage of Community Road is required to be
:1 of this project pursuant to Section 15.06.030 of the
Poway Municipal Code. However, since this improvement is
anticipated to be included with the City's capital improvement
projects; therefore, an in-lieu fee of $30,700.00 representing the
project's share of the imp lall be paid to the City prior
to building permit issuance.
All new and existing electrical/ ~CATV utilities within the
boundaries of the project shall be installed underground prior to
installation of )s, gutters, sidewalks and surfacing of the
streets. The applicant/developer is responsible for complying with the
req I this condition, and shall make the necessary
arrangements with each of the serving utilities.
The locations and 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.
The applicant/developer shall obtain an encroachment permit from the
City for any private improvements placed within public street rights-of-way
or City easements.
Applicant/developer shall comply with the following items to the
sat I the Engineering Division of the City's Development
Services Department.
a. Preparation of a water system analysis for sizing of public water
lines.
Resolution No. P-00-52
Page 11
Submittal t'
approval of public improvement plans.
Execution of a Standard Agreement for Construction of Public
Imp ' (Agreement) and posting of perf :1
pay Iies. The Agreement and securities may be waived
by the City Engineer if substantial amount of grading is completed
prior to installation of public imp :1 there is sufficient
amount of grading securities still held by the City to secure the
improvements.
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
Acquisition of an encroachment permit. The permit is needed if
any private imp to be placed within public street
rights-of-way or City-held
Construct a sidewalk on the west side of the exit only driveway for
pedest ' to the park.
Compliance with the following conditions is required during construction of site
improvements:
1. Installation and
15 and April 15.
Implementation of th
The following imp
of Safety Services:
1.
erosion control devices between October
:er pollution prevention plan.
Processing of easement dedications to the City.
lall be provided to the sal
the Director
Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. #64.
The buildings shall display th ' :ldress in a 31e from
th :. M !the building numbers shall be six
inches on the front facade of the building. Building address shall also be
Resolution No. P-00-5;~
Page 12
=
=
displayed on the roof in a lisfactory to the Director of Safety
Services, and meeting Sheriff's Department - ASTREA criteria.
Every building hereafl . -I shall be accessible to Fire
Department apparatus by way of :lways with all-weather driving
surfaces of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus and having a ' ' : 13 feet six inches (13'6") of vertical
The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code.
A r ~,stem shall be installed to approved standards
by a properly licensed contractor. System shall be completely monitored
by a UL listed central stat' 3any or proprietary remote station.
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.
Permanent '~ways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
A minimum 2A:10BC fire extinguisher is required for every 3,000 square
feet and 75 feet travel distance.
The addition of onsite fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and b :1 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 the satisfaction
of the City.
10.
If an electric gate is utilized for egress through the emergency access
gate, a K ' :le key switch shall be installed.
11.
If the emergency egress route is open to two-way traffic, then it shall be
widened to 20 feet.
I. Compliance with the following conditions is required prior to occupancy:
Resolution No. P- 00-52
Page 13
1. Applicant/developer shall comply with the following items to the
sal :the Engineering Division of the City's Development
Services Department.
a. Completion of public imp
b. Approval of record drawings of the grading and improvement plans.
c. Dedication of easements to the City for new public water, sewer,
and street right-of-way, as required of the project.
2. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
3. A warranty bond shall be posted after completion of all public
improvements required to I~ -1 with this project.
4. Install a six foot high framed I or solid wood fence with block
p g the west and north property lines in accordance with
Section 17.08.220(A) of the Poway Municipal Code.
5. Install an eight foot high masonry wall along the east property line and
along the southeast portion of the site adjacent to th
buildings in accordance with Section 17.08.220(A)of the Poway Municipal
Code.
Upon establishment of the use, the following conditions shall apply:
1. Prohibit recreational vehicle parking.
2. The paved access driveways, parking spaces, play areas, concrete
walkways, buffer walls and landscaped areas shall be maintained to be
usable and free of graffiti and trash.
3. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
4. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
5. Any signs proposed for this development shall be designed and approved
in :h the Sign Ordinance.
Resolution No. P-00-52
Page 14
Participate in the Crime --amily Housing Prog
Station of the Sheriffs Department.
Poway
Section 5: Development Review 98-27 shall expire on
unless a Building Permit has been issued and const
this permit h i prior to its expiration.
the property in
Section 6: Pursuant to G t Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on July 11,2000.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of July, 2000. ., ~'
Mich
ATTEST:
Lori Anne 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-00-52 , was duly adopted by
the City Council at a meeting of said City Council held on the 11th day of July, 2000
and that it was so adopted by the following vote:
GOLDBY, REXFORD, CAFAGNA
EMERY, HIGGINSON
AYES:
NOES:
ABSTAIN:
ABSENT:
NONE
NONE
Lori Anne Peoples, City Clerk '
City of Poway