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