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
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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
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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.
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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.
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Resolution No. P-00-97
Page 4
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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.
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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
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All utilities (proposed and existing), together with their appurtenances
and associated Encroachments are not permitted upon
any easement without an approved encroachment agreement/permit.
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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.
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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
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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.
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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.
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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.
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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.
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10.
11.
12.
13.
14.
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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.
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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
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' 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.
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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~