Loading...
Res P-00-97RESOLUTION NO. P- 00-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 00-09 ASSESSOR'S PARCEL NUMBER 314-212-02, 03, 04, 05 and 06 WHEREAS, Ziebarth ,~ Applicant, and Old Poway LLC, Owner, request to construct a three building, 22,000-square-foot retail and restaurant building on a 1.7-acre site located on the southwest corner of Midland Road and Temple Street in the (CG) C General Zone; and WHEREAS, on November 28, 2000, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and WHEREAS, the public hearing was continued to December 19, 2000 to allow the applicant to add raised at the public hearing; and WHEREAS, on December 19, 2000, the City Council held a continued 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 has considered the E ~. Initial Study (ELS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this resolution for DR 00-09 and publ Is received on the ElS and MND. The subject ElS and MND documentation is fully incorporated herein by this The City Council finds that the mitigation -I in the ElS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level and hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The finding Jance with Section 17.52 of the Poway Municipal Code for Development Review 00-09, are made as follows: The approved project' th ~ th :y where th : with the Poway General Plan in that it proposes retail/restaurant building ' area of The approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the site and the building have been designed with reference to the surrounding buildings on Midland Road, utilizing size, scale, and other architectural features. Resolution No. P-00-97 Page 2 C= That the approved development is in compliance with the Zoning and Grading Ord' :complies with the property development standards of the CG zone and Old Poway Specific Plan. That the approved development encourages the orderly and h apl: : -I property within the City as the surrounding properties consist of ' ' properties, a City park and single family residences. Section 3: Pursuant to G l Code Section 66020, the public improvements for Development Review 00-09 are to be made as follows: The design and imp i the proposed development I 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 of 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 water, traffic mitigation, park, drainage, and school impact fees, which :1 on a pro-rata basis to f rt provide public inf improvements, which promote a safe and healthy I for the residents of the City. Access to site will be provided in accordance with City standards and insure adeq, .]ency access. Section 4: The City Council hereby approves Development Review 00-09, a request to construct a three-building, 22,000-square-foot retail and restaurant building on a 1.7-acre site located on the southwest corner of Midland Road and Temple Street in the (CG) C General Zone, subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. Within 30 days from City Council approval of this development review (DR) application, the applicant/developer shall apply for a Letter of Availability (LOA) I 3ility for 11 EDUs and make a payment to the City, a nonrefundabl fee of $5,183.20, which is equal to 20% of the approl: fee in effect at the time the LOA is issued. Balance of the sewer fee, in the amount of $20,732.80, shall be paid prior to building permit issuance. The 11 EDU :ed from a total building area of 22,000 SF, as depicted on the plans for conditioning purposes, divided by 2,000 SF. Current City cost per EDU is $2,356.00 (Resolution No. 96-096). It is subject to change Co Resolution No. P- 00-97 Page 3 without notice. The exact amount of City cost per EDU in effect at time payment. fee shall be based on Should the total building area change prior to building permit issuance, the number of EDUs and Aion fee shall be adjusted accordingly. The applicant shall comply with the following conditions 3rior to grading permit issuance: The applicant shall submit to the Engineering Division of the City's Development Services Department 1' :1 approval, improvement plans that include the following: Midland Road improvements ( )s, gutters, sidewalk, pavement widening, undergrounding of existing overhead electric lines, street lights, replacement of existing street lights, striping and signage) between Temple Street and Edgemoor Street, alley/public extension of installation of sewer lateral(s), onsite public water system and necessary drainage imp A sel: 3e plan that depicts improvements to both sides of Midland Road substantially th the plans submitted for conditioning of this project, but subject to modification by the Director of Development Services 1' to the Old Poway Specific Plan for the subject area, Transportation Element road standards and other City accepted standards in effect at the time of Necessary transition imp Midland Road, south of Edgemoor Street and north of Temple Street or beyond, shall be designed and constructed to th : the Director of Development Services. A General Plan Amendment may be required to reduce Midland Road from a Secondary Collector to a Local Collector roadway. Impl : th :ioned imp (angled parking, new stop signs and transition improvements) shall not be implemented until the General Plan Amendment has been approved, or as directed by the Director of Development Services. Co The applicant shall coordinate with the Community Services Department existing and potential new locations and design of bus stops within the Old Poway Specific Plan area. d. S extension shall be constructed from the nearest public · to the project's frontage on Midland Road. = Resolution No. P-00-97 Page 4 e= Onsite water lines shall be ~ for fire hydrant installation as required by the City Fire Marshal. 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. f= Drainage imp ! includ 3/offsite imp to handle additional, :[, if any, as a result of developing the project site. A detailed hydrology/hydraulic study shall be submitted to the City with the grading plan and/or improvement plans submittal. All new and existing electdcal~ ~CATV utilities 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 requirements of this condition, and shall make the necessary arrang :h each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights-of- way shall be shown on the improvement plans and screening shall be provided to the sat = the Director. The grading plan shall be prepared on City of Poway standard 3mm, 24" x 36" mylar, with a scale of 1"=20' or larger. A grading plan submittal checklist is available at the Engineering Division front counter. The grading plan shall show the following: a. All new slopes with 2:1 (horizontal to vertical) slope. b= Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with th ' :1 grades. c. A separate erosion control plan for prevention of sediment run-off during d= All utilities (proposed and existing), together with their appurtenances and associated Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. e= Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. 10. 11. Resolution No. P-00-97 Page 5 Tops and toes of graded slopes shall be shown with a minimum five- foot setback from open si: :t property lines. Buildings shall be located at least five feet from tops and toes of slol: by the Director. g. All proposed drainage imp 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 sud' flowing onto the project site from adjacent lands. Said system shall include all easements required to propedy handle the drainage. Concentrated f~ driveways are not permitted. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses th I ~ into the storm drain system. The SWPPP shall include, but not be limited to, an elf :hod of hillsid :1 sediment control, a material storage to protect :erial from being exposed to storm runoff, p fall storm d ' truckwash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading plans. The SWPPP may be incorporated with the erosion control plan, but shall be under sep from the grading and improvement plans. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. The applicant shall submit a request for and hold a preconstruction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, conl ~contractors, project civil engineer and project soils engineer must attend the p meeting. No pdvate imp ~all be placed or constructed within public street rights-of-way or City y one of the following is satisfied: do 12. The 13. 14. 15. Resolution No. P-00-97 Page 6 An encroachment permit has been issued by the City for the imp An encroachment removal agreement has been executed by the develol; ~1 subsequently approved by the City; or Approval of grading or improvement plans, on which a right-of-way permit has been issued for the private improvements as shown to be The City reserves the right to choose any or all of the above, under cerl ' ~en City d 'y. req applicant/developer shall cause the dedication of the following to the City. Contact the Engineering Division for submittal :1 amount of processing fee to pay. An easement, a ' ' : 20.00 feet wide for each new public water lines not located within public streets or alleys, shall be dedicated to the city. bo A public access easement (minimum width of 26 feet), between the existing alley along the western portion of the project site to Midland Road. c. Additional easement for street right-of-way, if any, for Midland Road to attain th 'y improvements to be made. An archeologist shall monitor the initial grading of the site. If historical, archeological or paleontological found, the archeologist shall, at his/her discretion, stop grading until the resource can be prepedy recovered and/or recorded, as deemed necessary. Applicant/developer shall obtain approval, from the City, for merger of Lots 25 thru 30, together with a portion of the vacated Hampton Court into one parcel, also described as APN: 314-212-02-06. Alternatively the applicant may seek approval of a subdivision map that will remove lot conflicts. Contact the Engineering Division of the City's Development Services Department for procedures of approval, processing fee and submittal requirements. The grading permit submittal shall include copies of letters of I~ easement documents from adjacent property owners that all of the proposed utility imp slopes, and driveway grading. :tion D= Eo Resolution No. P-00-97 Page 7 The applicant shall comply with the following conditions during grading operation: The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condil' :1 herein. Grading of lot shall b Jance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading p 3table to the City. Improvements shall be -I in accordance with City adopted standards and specifications, the latest adopted edition of the Standard SI: for Public Works Construction and its corresponding San Diego supplements, the current San Diego Regional Standard Drawings. Erosion control, including but not limited to desiltation basins, shall be installed and -I by the developer from October 15 to April 15. The developer shall I devices throughout their intended life. = Prior to start of any work within City-held ';Iht-of-way, a Right- of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for driveway apron on Midland Road within the City of Poway sewer and water easements. All appropriate fees shall be paid prior to permit issuance. The appropriate Building Division approvals shall be received prior to initiation of Prior I I a building permit, the following is required: The applicant shall provide revised building that depict enh to the rear of, and the breezeway between Building Nos. 2 and 3. The plans shall also depict the location and style of exterior lights and the conceptual location of tenant signage subject to the satisfaction of the Director of Development Services. o Parking lot lights shall be shown on the site plan and shall be similar in design to those used in the Old Poway Park. They shall be Iow pressure sodium and h height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and buildings on adjacent lots. The lighting fixtures shall I: ' design as to those used in the Hamburger Factory parking lot with any alternatives subject to th ~ the Director of Development Services. The applicant shall provide a detailed description of the type of :1 colors to be utilized in the ~ of the sound attenuation wall and shall be subject to the approval of the Director of Development Services. o 10. 11. 12. 13. Resolution No. P- 00-97 Page 8 The building plans and exterior building colors and materials shall be consistent with the approved project plans and project materials sample board and subject to the approval of the Director of Development Services. The plans shall show all existing and new utilities placed underground. A detailed landscape and irrigation plan shall be submitted prior1 of building permits for approval by the City Council. The landscaping plan shall address planting the landscape areas along the property frontage, within the parking lot, adjacent to the sound wall, and along Midland Road. The landscaping plan shall also address screening methods for all utility boxes. Low volume plumbing fixtures and Iow water usage irrigation shall be installed within the new buildings and its surrounding landscaping to the sat : the Director of Development Services. Wood walkways shall be noted in the building plans for the 10-foot wide boardwalk located adjacent to each building facing Midland Road and along the access frontage (north side) of Building 1, (the barn) and along the northern side (Temple Street) of Building 3, with any modification subject to the sat I the Director of Development Services. The applicant shall provide details of the types, pattern and color of the materials proposed for wood walkways and shall be subject to the approval of the Director of Development Services. 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 ~ect at the time of building permit issuance. Provide proof to the Planning Division of payment of school fees to the Poway Unified School District. Approval of this request shall not 31iance with all I the Old Poway Specific Plan Poway Development Standards, the Zoning Ordinance, and all other applicable City Ordinances in effect at the time of building permit issuance. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened f :1 sound buffered from adjacent properties and required by the Development Services Department. 14. 15. 16. 17. 18. 19. 20. Resolution No. P-00-97 Page 9 Trash receptacles shall be enclosed by a six-foot-high masonry wall with view-obstructing gates pursuant to City standards. Locations shall be subject to approval by the Development Services Department. The applicant shall provid style and t residential from the approval. details as to the type of block, color used to construct the buffer wall separating the properties and shall be subject to City The applicant shall coordinate with the adjacent residential properties to the west as to whether the h l a rear gate and the location of the gate. A written signature of the property owner shall be required, and submitted to the City, confirming or denying their desire for a gate and its location. Water, sewer, and fire protection systems plans shall be designed and constructed to meet the req : the City of Poway. The applicant shall verify, to the satisfaction of the City Engineer, that the project will not pressure below City standards and req Rough grading of the lot is to be completed and meet the approval of the City inspector and shall include submittal of the following: A certification of line and grade for the lot, prepared by the engineer of work. b. A final soils compaction report for the lot 1' :1 approval by the City. All driveway approaches to the development shall be with alley-type curb returns. Deviation from this shall be approved by the City Engineer. The following development fees shall be paid. These 1 effect and are subject to change without notice: Water base capacity fee (Resolution No. 91-123) For 1" meter = $6.678.00 per meter For 12@ meter = $10,388.00 per meter Otb = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 1" meter = $ 270.00 per meter For 12@ meter = $ 600.00 per meter Otb = Contact Engineering Division Resolution No. P-00-97 Page 10 SDCWA capacity charge - To be paid by separate check, payable to San Diego County Water Authority. For 1" meter For 12@ meter Otb $ lion fee = $2,994.00 per meter = $5,613.00 per meter = Contact Engineering Division = $20,732.80 (represents 80% of fee) $ l fee = $50.00 p $ out inspection fee = $25.00 I: Traffic mitigation fee = $21,780.00' The project, classified as a general retail project with' for purposes of calculating the traffic mitigation fee, generates 60 trips per 1,000 SF of building area (see Resolution No. 83-045 for ). Therefore, 12,000/1,000 x 60 x $66 per trip x 25% = $21,780.00 * This amount is subject to adjustment if use of buildings and/or f site changes. Drainage fee = $2,763.20** ** Calculated at $1,570/Ac. X 1.76 Ac. = $2,763.20 Park fee = None The applicant shall comply with the following conditions prior to occupancy: 1. Completion of public improvements. 2. City approval of record drawings of the grading and improvement plans. 3. Dedication of to the City for new public water lines, public access easement and easement for street right-of-way for Midland Road. 4. Posting of a warranty bond for the :1 public improvements. Grading securities shall be released only upon completion of the grading portion of the project and upon City approval of the record drawings of the grading plans. o 10. 11. 12. 13. 14. 15. Resolution No. P-00-97 Page 11 Peri' lies for public imp : posted and separate from the grading securities, shall only be reduced twice before completion of improvements. Payment securities and remaining performance securities, if any, shall be released than 90 days after City's acceptance of improvements, posting of warranty security, and approval of record drawings. All J slopes greater than a 5:1 slope shall be planted and irrigated. The landscaping shall b Jance with the fire management zone req I the City of Poway Guide to Landscape Req Driveways, drainage facilities, slope landscaping and protect' utilities, water and sewer mains, and all roadway imp shall be :1, completed, and inspected by the Engineering Inspector. Damage to the existing private roads caused by Aivities from this project shall be repaired to the satisfaction of the City Engineer. The parking lot shall be surfaced with a chip seal similar to that utilized in the Old Poway Park or equivalent and shall be subject to the satisfaction of the Director of Development Services. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request for occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted to allow the City adequate time ~' :1 approval prior to = occupancy and release of grading securities. A new fire hydrant is required. A water system analysis shall be prepared to establish the proper size and location ofthe public water system. Applicants shall pay to the City the cost of preparing the analysis prior to submittal. Improvement plans shall be submitted for approval by the Engineering Division. Plan check and inspection costs shall be paid by the developer. The applicant/owner shall annex into the City's Landscape M ' District assigned for this area. Any signs proposed for this development shall be designed and approved in :h the Sign Ordinance. A Comprehensive Sign Program (CSP) for th' 3all be submitted to the Development Services Department for review pdor to ' = sign permits. Approval of the CSP shall be by the City Council. 16. 17. 18. 19. Resolution No. P- 00-97 Page 12 All parking spaces shall be double striped. The parking lot design shall comply with the,~ :h Disabilities Act, i.e. 1:25 ratio 1'31e spaces with 31e space. Zoning approval and a Poway Business Certificate shall be obtained from the City of Poway prior to the execution of lease agreements with new tenants. A conditional use permit may be required for th if it lol or provides entertainment. depending upon The following improvements shall be Director of Safety Services: :1 to the of the a. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. bo The buildings shall display th :ldress in a 31e from th :. M' ' : building numbers shall be six inches on the front facade of building. Building addresses shall also be displayed on the roof' lisfactory to the Director of Safety Services, and meeting Sheriff Department/ASTREA criteria. 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 ' ' ~ 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system meeting P.M.C. req The entire system is to b :t by a central monitoring company. System post indicator valves with tamper switch :1, are to be located by the Fire Marshal prior to installation. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "breakaway" padlock shall be required for the fire sprinkler system Post Indicator Valve. Resolution No. P-00-97 Page 13 f= ' 1' /stem shall be installed to approved standards by a propedy licensed contractor. The system shall be completely monitored by a U.L. listed central star 3any or proprietary A hood and duct extinguishing system shall be installed for all cooking facilities determined bythe City Fire Marshal. Plans must be submitted and approved prior to installation. h= Fire Department access for use of fire fighting equipment shall be provided to the immediate job sites at the start of const :1 :1 at all times until 31eted. I. Permanent :lways for fire apparatus shall be designated as AFire Lanes@ with appropriate signs and curb markings. j. Minimum 2A:10BC fire extinguishers are required for off' 3,000 square feet and 75' travel distance. k. The addition of site hydrants is required. The location shall be determined by the City Fire Marshal. Material Safety Data Sheets shall be required for all hazardous and/or toxic sub -1 in each building. m. All fire hydrants are to be installed and accepted by the City prior to delivery of combustible building material on site. no Fire sprinkler risers shall be located within 10 feet of an exterior exit man door or shall be located insid ~ 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 for the standpipe or attached additional risers, accessible by a 3'-0@ man door. Section 5: Development Review 00-09 expires on December 19, 2002, at 5:00 p.m., unless a building permit has been issued and this approval has :1 prior to this date. Section 6: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may file a protest of the imposition of any fees, dedications, 3osed pursuant to this approval shall begin on December 19, 2000. Resolution No. P- 00-97 Page 14 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a reg ' ~ this 19th day of December 2000. ATTEST: Peoples, City Cl~rk STATE Of CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury, that the foregoing Resolution No. P- 00-97 , was duly adopted by the City Council at a meeting of said City Council held on the 19th day of December 2000, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE nne Peoples, City Cterk City of Poway Resolution No. P- 00-97 Page 15 Exhibit A. Mitigation Monitoring Program (DR00-09) he California E Iai Quality Act (CEQA) requires a Mitigation Monitoring Program pursuant o California Public Resoumes Code, Section 21081.6. The following Mitigation Monitoring Program dentifies th impact and mitigation identified in th reviewed and approved by the City of Poway City Council and the party responsible for ;mil fth mitigation opic Mitigation Measure(s) Timin, esthetics: Potentia~ se of Iow level lighting, of a rior to building glare, ight-foot high buffer wall ccupancy document Res bility pplicant, reviewed by Poway Project Planner Air Quality: dust control Cultural R Monitor for historical artifacts Use of best management practices to reduce veh :1 water trucks to reduce dust. Acquisition of grading permit, if deemed necessary. An archeologist shall be required to monitor the site during grading. If, at any time, a significant archeological, historical or palentological 'thed grading shall be temporary stopped until th is propedy recovered. At grading permit approval or where a grading permit is not required, prior to building occupancy. During grading Project Engineer of Work, reviewed by Poway Project Planner Contract archeologist and Poway Project Planner Department. Transportation/Traffi c Proposed additional imp the public right-of-way and the reduction of Midland Road from a Secondary to a Local Collector dwa~' Prepare a General Plan Amendment and traffic study to discuss proposed imp and :t mitigation Prior to Do not implement imp occupancy prior to traffic study and GPA. Poway Project Planner, Project Engineer of Work n:\cit~