Loading...
Res P-01-11RESOLUTION NO. P-01-,11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 00-22 AND DENYING VARIANCE 01-03 ASSESSOR'S PARCEL NUMBER 317-101-09, 10, 31 and 32 WHEREAS, Tim Meissner, Applicant, and Poway Library Plaza LLC, Owner, request to renovate the existing 27,070-square-foot Library Plaza shopping center, th of an additional 5,990-square-foot building within the center, and a Variance to substitute a six-foot-high wood fence for an eight-foot high masonry wall located at 13132-72 Poway Road in the (TC) Town Center Zone; and WHEREAS, on March 20, 2001, 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, tha City Council does hereby follows: Section 1: The City Council finds that this project is Categorically Exempt, Class 5 and 32, from the California EIai Quality Act pursuant to Sections 15305 and 15332, as the wall V ':tered a minor alteration to land use limitations and the project is an in-fill development. Section 2: The finding ~ance with Section 17.52 of the Poway Municipal Code for Development Review 00-22, are made as follows: The project is consistent with the Poway General Plan in that it proposes the construction of a retail/restaurant building in area of the community where th The 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 Poway Road, utilizing size, scale, and other architectural features. That the development is in compliance with the Zoning and Grading Ord' it complies with the property development standards of the TC zone and Poway Road Specific Plan. That the development encourages the orderly and h appearance of structures and property within the City as the surrounding properties consist of properties, Poway Library, and single family residences. Resolution No. P- 01-11 Page 2 Section 3: Pursuant to G l Code Section 66020, the public improvements for Development Review 00-22 and Variance 01-03 are made as follows: The design and imp Ithe proposed develop 3 all elements of the Poway General Plan, as well as City ordinances, because all necessary :1 facili1" 31e to serve this project. Th of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1= The project requires payment of sewer, water, traffic mitigation, and school impact fees, which :1 on a pro-rata basis to i- :1 provide public inf imp which promote a safe and healthy l 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 findings for denial, in accordance with Section 17.50.070 of the Poway Municipal Code for Variance 01-03 to substitute a six-foot-high wood fence in lieu of the required eight-foot-high masonry buffer wall located along the northern boundary of the property located at 13132-72 Poway Road, are as follows: A= There are special 3plicable to the property and the intended use in that the adjoining residential properties are located approximately above the subject property. The strict application ofthe requirementto repl ' g six-foot-high wood fence with an eight-foot-high masonry wall would not deny the property of privileges enjoyed by other properties in the vicinity in that other properties cont ' 5/walls, and that the proposed six-foot wood fence would not provide an adequate buffer between the residential and properties. Granting the V modification is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning for which the Variance is sought, in that some masonry buffer walls exist in the vicinity and the condition requiring installation of a masonry wall will be applied to futura development or redevelopment of adjoining properties so as to provide a consistent and adequate buffer. Granting the Variance or its modification would be materially detrimental to the public health, safety, or welf ' ' to the property or imp ~ vicinity and zone in which the property is located in that the proposed six-foot wood fence does not provide an adequate physical buffer between th center and the existing single family homes. Resolution No. P.01-11 Page 3 Granting the Variance does constitute a special privilege ' I with the limitation upon other properties in the vicinity and zone in that a masonry wall is a standard condition that will be required of all new development and redevelopment projects in the vicinity. Granting of this Variance does allow a use or activity, which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that the request is to allow construction of 3igh wood fence, is not consistent with the Poway Municipal Code, which requires the construction of a masonry buffer wall between and residential land uses. Therefore, granting the V Id all :y not otherwise specifically allowed in that zone. The project, as proposed, is not consistent with the General Plan in that the fence Variance does not reduce the visual impacts of the project. Section 5: The City Council hereby approves Development Review 00-22, a request to renovate the exterior of the 27,070-square-foot Library Plaza shopping center, the construction of an additional 5,990-square foot building, and denies Variance 01-03 to substitut 3igh wood fence in lieu of the required eight-foot-high masonry buffer wall located at 13132-72 Poway Road in the (TC) Town Center Zone as shown on the plans dated January 23, 2001, 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 Conditional Use Permit (CUP)/Development Review (DR) application, the applicantJdeveloper shall apply for a Letter of Availability (LOA) 1 3ility for 7.2 EDU's and make a payment to the City :lable reservation fee of $3,392.64, which is equal to 20% of the approp fee of $16,963.20 in effect atthe time the LOA is issued. Balance of the sewer fee, in the amount of $13,570.56, shall be paid prior to building permit issuance. A Notice of R 3all be recorded by the City disclosing the conditions of this permit to future property owners Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with. 1. Completion of Boundary Adjustment BA 00-08. Resolution No. P- 01-11 Page 4 Submittal to the City of the improvement plans for street imp to the project's frontage on Poway Road. Improvements shall include, but are not limited to, replacement of curb, gutter and sidewalk :driveway approaches to an alLey-type design, reconstruction of that segment of Poway Road :lian located at mid-point of the street frontage to eliminate the existing vehicular stacking lane so as to preclude U-turn or left turn of westbound traffic within the median opening, " of grated planters, and the installation of street lights and other improvements consistent with the Poway Road Specific Plan standards and the City-adopted Standards and Specifications for Public Lmp Improvement plans shall be prepared on a standard sheet of mylar (24" x 36") by a California registered civil engineer. These pi 3ject to City review prior to its approval. Plan checking and inspection fees shall be fully paid prior to City approval of the improvement plans. H :iai :these fees shall be paid at first submittal of plans for review. The exact I b ' :1 from a certain percentage of an approved cost estimate of the public improvements (see City Council Resolution No. 95-104 1' ). Performance and payment securities (in the form of bond, letter of credit or cash deposit) shall be posted with the City prior to approval of improvement plans. A Standard Agreement for the Construction of Public Imp shall I; . -1 by the developer/applicant :1 by the Director of Development S -I/or the City Engineer. A right-of-way permit shall be obtained from the City prior to start of public improvements. 7. Payment of the following fees. S (additional) = 13,570.56' S l = 50.00 P S l inspection = 25.00 p Water base capacity** = 3,710.00 (for ~" meter) = 6,678.00 (for 1" meter) Water meter** = 130.00 (for ~" meter) = 270.00 (for 1" meter) Water lateraL** = 1,350.00 (for ~" meter) = 1,430.00 (for 1" meter) Resolution No. P-OI-ll Page 5 SDCWA base capacity*** Drainage Traffic mitigation Park Plan checking Improvement inspection : $ 2,004.00 (for %" meter) = $ 3,206.00 (for 1" meter) = None = $1,782.00'*** = None -- To be determined : To be determined * Balance of payment for 7.2 EDU's @ $2,356 per EDU # of EDU = (195 students x 12 gallons/250) - 2.2 EDU credit. ** To be paid only if varies according to size of meter. sizes, please contact Engineering. or new water lateral is needed. Cost For information on cost for other meter *** To be paid only if new war ' to be installed. To be paid by check, payable to the San Diego County Water Authority. **** For payment of a net gain of 108 trips. Net gain = (195 students x 1 trip/student) - (20 trips x 4,361SF/1000 SF) = 108 trips Traffic mitigation fee -- 108 x $66/trip x 0.25 = $1,782.00 Posting of a cash security for acquisition of a future off If or a possible relocation of a portion of an existing ~ the project's easterly property line. The amount of security, to be provided by the applicant/developer's civil engineer or building contractor but subject to review and approval by the City Engineer, shall be based on a construction cost amount of a deepened footing along the easterly side of the building. There is no 1' 31ished for acquisition of the off l. Therefore, the City shall hold the cash security until cost of acquisition is known, at which time thereafter any : shall be refunded to the applicant/developer Parking lot lights shall be Iow p Jium and h height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent :l buildings and shielded to prevent spillage onto the adjacent residential property. Additional wall mounted lights shall comply with th :lards, but not exceed 10 feet in height and 75- foot lamberts at the property line. Resolution No. P- 01-11 Page 7 If it is determined that additional grading does not exceed 50 cubic yards and a grading permit is not required, then the applicant shall provide a certification from a State Registered Civil Engineer indicating the quantity of earthwork involved and pay a $500 inspection fee prior to building permit issuance If a grading permit is required the grading plan shall be prepared on a City of Poway standard 3mm, 24"x36" mylar, with a scale of 1" = 20' scale or larger and submitted to the Engineering Division. At a ' ' the grading plan shall show the following: a. Aseparat Irol plan for prevention of sediment run-offduring b. All new slopes with a 2:1 (horizontal to vertical) slope. Tops and toes of graded slopes shall be shown with a minimum five foot setback from open space areas and property lines. Structures shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to = a grading permit. All utilities (proposed and existing), together with the appurtenances, and any Encroachments are not permitted upon any easements without an approved encroachment agreement/permit Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. 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 surface water flowing onto the project site from adjacent lands. Said system shall include all required to properly handle the drainage. Concentrated fl driveways are not permitted. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 10. 11. Resolution No. P- 01-11 Page 8 The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to prevent material runoff into the storm system. The plan shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage site, to protect const from being exposed ~, p :all storm d ~ truck wash and ~rol, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certifl/the SWPPP prior to the approval of the grading plan. The SWPPP may be incorporated with the erosion control plan, but shall be submitted under separate cover from the grading plan. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. ,All new and existing electrical/ Iion/C,ATV utilities shall be installed underground prior to installation of concrete curbs, gutters, sidewalks and surfacing ofthe streets. The applicant/developer is responsible for complying with the requirements of 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 shall be shown on the improvement plans and screening shall be provided to the sat I the Director of Development Services. No private imp rights-of-way or City ~all be placed :1 within public street y one of the following is satisfied: a. An encroachment permit has been issued by the City for the improvements; or b. 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 -t. d. The City reserves the right to choose any or all of the above, under ced ' 3eh City deems necessary. All driveway approaches to the development shall be with alley-type curb returns. Deviation from this standard shall be approved by the City Engineer. Resolution No. P-01-11 Page 9 12. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City. 13. The applicant shall submit a request for and hold a preconst g with a City Engineering inspector. The applicant/developer shall be responsible to ensure that necessary individuals, such as but not limited to, conl ~3contractors, project civil engineer and project soils engineer must attend the preconstruction meeting. Prior to issuance of a certificate of occupancy, the following conditions shall be complied with: 1. Completion of all required public imp Posting of a warranty secudty for the public imp to be held by the City for one year after completion of said improvements. Recordation of a reciprocal parking, access, and maintenance agreement. Said agreement shall b ' :1 by and between the property owner of the project site and the City of Poway (being common users to the parking lot and driveways). The agreement shall also be written to include potential fu! to Taco Bell. The applicant shall p '3rocal parking and access agreement with the property owner of the Taco Bell property to permit through access to Tarascan Street, Ifthe agreement' ~1, the applicant shall eliminate the curb cut on the west side of the property between the Chinese Buffet and Taco Bell and replace the sidewalk on Poway Road. The agreement shall be drafted by the applicant/developer. Prior to execution by the parties involved, the agreement shall be submitted to the City 1' ~1 approval as to form and content. 4. City approval of record drawings of the grading and improvement plans. Posting of a warranty bond for the constructed 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. Ped' Iies for public imp ~ posted and separate from the grading securities, shall only be reduced twice before completion of imp Resolution No. P-Ol-ll Page 10 10. 11. 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. Driveways, drainage facilities, slope landscaping and p utilities, water and sewer mains, and all roadway improvements shall be :1, completed, and inspected by the Engineering Inspector. Damage to the existing private roads caused by construction activities from this project shall be repaired to th ~ the City Engineer. 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' :1 approval prior to :occupancy and release of grading securities. Compliance with the following conditions is required by the Department of Safety Services: a. New roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display il - :Id 31e from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof' ~,isfactory to the Director of Safety Services, and meeting Sheriff's Dept.-ASTRE^ criteria. Every building hereafter ~ : :I 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 ' ' : 136" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. Buildings C and D, as shown in the project plans, shall be required to install an approved fire sprinkler system meeting PMC requirements. The entire system is to b -I by a central monitoring company. System post ind lh tamper switch :1, are to be located by the City Fire Marshal prior to installation. The installation of a fire sprinkler system for Building E, presently owned Resolution No, P- 01-,11 Page 11 and occupied by the C~ty of Poway Community Services Department, shall be deferred until the City sells the property or the building is expanded to 5,000 square feet or larger. At that time, and prior to occupancy, the new property owner, tenant, or responsible party shall install an approved fire sprinkler sy, ' "~ the PMC req and shall be subject to the approval of the Director of Safety Services. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved, prior to installation. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of :1 :1 at all times until ~leted. Permanent :lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Minimum 2A:IOBC fire extinguisher required for every 3,000 square feet and 75' travel distance. Prior to delivery of combustible building material on site, water and sewer systems shall y pass all required tests and be connected to the publ :1 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 construction activity has been substantially completed to the satisfaction of the City. Fire sprinkler riser(s) shall be located within ten (10) feet of exit man door or shall be located inside an enclosed closet with an ex1' door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional risers, accessible by a 3-0" man door. Prior t ;the perf shall be complied with. payment securities, the following conditions 1. Record drawings for the improvement plans shall be submitted to the City. Resolution No. P- 01-11 Page 12 Section 5: Development Review 00-22 expires on March 20, 2003, at 5:00 p a building permit has been issued and construction in reliance on this approval has :1 prior to this date. Section 6: Pursuant to G I Code Section 66020, the 90-day approval period in which the applicant may file a protest of the imposition of any fees, dedications, reserval' 3osed pursuant to this approval shall begin on Mamh 20, 2001. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 20th day of March 2001. ATTEST: Pe~oples, City~lerk~) ~ 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- 01-11 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of March 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA L~ori ~n%: Qples, Cify~Cle~r~)j' City of Poway