Res P-02-11RESOLUTION NO. P-02-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
A MODIFICATION TO CONDITIONAL USE PERMIT 99-18 AND
DEVELOPMENT REVIEW 99-20,
ASSESSOR'S PARCEL NUMBERS: 314-212-10, 14 and 15
WHEREAS, Conditional Use Permit 99-18 and Development Review 99-20 were
submitted by Pacific Bell for the purpose of adding 18,933 square feet onto the existing
14,940-square-foot Pacific Bell telephone switching facility building located on a 0.92-acre
site at 14010 Midland Road in the C General and Residential Single Family-3
zone and within the Old Poway Specific Plan area; and
WHEREAS, on March 26, 2002, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application;
and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: An initial study was completed on the project and it was
determined that the project is Categorically Exempt, pursuant to Sec 15332 of CEQA,
Class 32 - In Fill project, as it is a use that ' l with the City's General Plan and
Zoning req substantially surrounded by urban uses, is located on a site of less
than five acres that h habitat for threatened or endangered species, and will
not result in significant eft ~ to traff' air and water.
Section 2: The findings, in accordance with the Section 17.48.070 of the Poway
Municipal Code for CUP 99-18 approving the addition of an 18,933-square-foot addition to
the existing 14,940-square-foot Pacific Bell telephone switching facility, are made as
follows:
The project is consistent with the General Plan and Zoning Code in that public
utility buildings are conditionally permitted in the zones.
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That the location, size, design, and operating ch ' ' of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or natural in that the design is
consistent with the architectural goals of the Old Poway Specific Plan, the project
proposes an expansion of an existing facility, and there will be no traffic impacts as
only approximately five employees will work in the facility during the day.
That the harmony in scale, bulk, coverage, and density is consistent with adjacent
uses, the Poway Municipal Code and the Old Poway Specific Plan because the
project will be designed to be compatible with other public and facilities
in the Old Poway area.
Resolution P-02-11
Page 2
That there are available public facilities, services, and utilities because the use will
be located in a development where all necessary t' :ly in place.
That there will not be a harmful effect upon desirable neighborhood ch
in that the facility has been designed to be compatible with the architectural design
of the Old Poway Specific Plan and other public and buildings in the
surrounding neighborhoods.
That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate in an area
where existing and proposed street improvements and adequate off-street parking
have been ' :l into the project.
That the site is suitable for the type and intensity of the use, in that the project
proposes an expansion of an existing use located in the same area where
adequate parking and '1 be provided.
That there will not be significant harmful effects upon Iai quality and
natural in that the site had been previously graded, and improved either
with asphalt and/or a single family home.
That there are no other relevant negative impacts of the development that cannot
be mitigated.
The location, size, design and operating ch of the proposed use and
the conditions under which it would be operated or :1 will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity nor be contrary to the adopted General
Plan.
The proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
The 20-foot wide public alley located behind the existing telephone switching facility
provides direct pedestrian and vehicle access to an additional parking lot to the
north. During certain times there is a need to :late additional public
parking in the immediate area. Approval of this project requires the vacation of the
alley to :late the expansion of the building west onto adjoining property.
The closure of the alley precludes direct access to the parking lot from Edgemoor
Street. Condition 10 mitigates the loss of direct access to additional parking from
Aubrey Street by assuring that the project's parking lot will only be inaccessible to
the public when work is actually being performed in the lot.
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Page 3
Section 3: The findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for DR 99-20 for an 18,933-square-foot addition to the existing 14,940-square-foot
Pacific Bell telephone switching facility building, are made as follows:
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the building has
been designed to be architecturally compatible with other st the area.
The development encourages the orderly and h
and property within the City through it
Poway Specific Plan development standards.
apl; : structure
with the City of Poway and Old
Section 4: The findings in accordance with G
public imp :le as follows:
Code Section 66020 for the
The design and imp : the proposed development are consistent with all
elements of the Poway General Plan as well as City ordinances because all
necessary services and facilities will be available to serve the project. The
provision of public improvements and payment of development fees ara needed as
a result of the proposed development to protect the public health, safety and
welfare as identified below:
1. Drainage imp
runoff; and
shall be provided for the increase in surface water
2. Water and Sewer fees shall be paid and onsite imp :l to
provide water and to the development; and
Access to the site will be provided in accordance with City standards and to
ensure adeq 3ency access.
Section 5: Conditional Use Permit 99-18 and Development Review 99-20, consisting of
an 18,933-squara-foot addition to the existing 14,940-square-foot Pacific Bell telephone
switching facility building, as shown on the plans dated November 14, 2001, is hereby
approved, subject to the following conditions.
In compliance with the conditions of approval for the vacation of the alley adjacent
to Pacific Bell's property, per City Resolution No. 00-074, Pacific Bell shall submit
to the City a letter or agraement agreeing to payment of $50,000.00, as agreed with
the property owners on Sycamore Avenue for its contribution to the improvements
of Sycamora Avenue.
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Page 4
Within 30 days from City Council approval of this conditional use permit application,
the applicant/developer shall apply for a Letter of Availability (LOA) to reserve
3ility for 9.5 Equivalent Dwelling Units (EDUs) and make a payment to
the City, a nonrefundabl fee of $4,476.40, which is equal to 20% of the
appropriate sewer fee in effect at the time the LOA is issued. Balance
of the sewer fee, in the amount of $17,905.60 shall be paid prior to building permit
issuance.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
Conditional Use Permit 99-18 may be subject to annual review as determined by
the Director of Development Services for compliance with the conditions of
approval and to add that may have been raised during the prior year.
Any changes in the approved use of the site will require the approval of a
modification to this Conditional Use Permit or Development Review Permit.
Depending upon the scope of such changes, at the discretion of the Director of
Development Services, said modification may be processed administratively or may
be referred to the City Council for a public hearing.
Prior to grading permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following:
1.
Submittal to the City for review and approval of precise grading plans,
erosion control plan, pollution prevention plan, grading permit
application and geotechnical report/s to the Development Services
Department.
Grading of the project shall be in substantial lh the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, City Storm Water Management and Discharge Control
Ordinance, and the South Poway Specific Plan.
Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed.
Erosion control, including but not limited to desiltation basins, shall be
installed and :1 from October 15th to April 15th. An erosion control
Resolution P-02-11
Page 5
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure prop I all trol devices.
The stormwater pollution prevention plan (SWPPP) shall be prepared. The
SWPPP shall provide the erosion, sedimentation and pollution control
to be used during
A right-of-way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
8. The applicant/developer shall pay the following fees and grading
Grading permit, plan checking, inspection, right-of-way permit, and
geotechnical review fees. The grading permit fee shall be paid at first
submittal of grading plans.
b. Posting and/or payment of grading securities.
9. City approval of soils report and grading plans.
10.
Submittal of 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, contractors,
subcontractors, project civil engineer and project soils eng' : attend
the p meeting.
Prior to construction of public imp unless other timing is indicated, the
applicant/developer shall complete the following:
Submittal to the City t'
water system and street imp
Department for approval.
:1 approval of improvement plans for public
to the Development Services
Water lines shall be :1 for fire hydrant/s 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 applicantJdeveloper shall pay to
the City the cost of preparing the analysis prior to submittal of improvement
plans.
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Street imp shall be made along the project's frontage on Midland
Road, Edgemoor Street and Sycamore Avenue. Improvements shall
include, but is not limited, to street widening on Midland Road, the easterly
half of Sycamore Avenue, street lights, concrete curb and gutter, sidewalk
and handicap ramps at street corners.
In lieu of constructing the ':lewalk on Midland Road, the applicant
shall pay the City an in-lieu fee for the construction of a boardwalk. The
amount of the in-lieu fee shall be determined by the City pdor to building
permit issuance and the design subject to the approval of the Directors of
Development $ :1 Public Works Department.
Improvements shall be :1 in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works C and its corresponding San
Diego supplements, the current San Diego Regional Standard Drawings and
the South Poway Specific Plan.
All new and existing electrical~' lion/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 req of this condition, and shall
make the necessary arrangements with each of the serving utilities.
The I ::1 sizes of all utility boxes and vaults within street rights-of-
way and the City's general utility easement shall be shown on the
improvement plans.
The applicant/developer shall pay the following fees and post or pay
approp lies:
a. Improvement plan checking and inspection fees.
Performance and payment These securities may be
waived by the City Engineer if a substantial amount of grading is
completed prior to installation of public improvements and there is
sufficient amount of grading securities still held by the City to
complete the remainder of the grading works and public
imp
c. Right-of-way and/or encroachment permits, if required as hereupon
mentioned.
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Page 7
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Submittal of a request for and hold a p meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors,
subcontractors, project civil engineer and project soils eng : attend
the p meeting.
10.
A right-of-way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held
11.
No private imp
rights-of-way or City
3all be placed d within public street
.¢ one of the following is satisfied:
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An encroachment permit has been issued by the City for the
improvements; or
An encroachment removal agreement has been executed by the
develop :1 subsequently approved by the City; or
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Approval of grading or improvement plans, on which a right-of-way
permit has been issued for the private improvements shown to be
constructed.
The City reserves the right to choose any or all of the above, under certain
~en City deems necessary.
12.
The applicant/developer shall dedicate to the City I, a minimum
of 20.00 feet wide, or reasonably appropriate, as determined by the City
Engineer for each new public water line, if each said water line is not within
public street right-of-way.
13.
A processing fee shall be paid to the City at first submittal of easement
document 1'
14.
Recordation of the easement in the office of the San Diego County
Recorder shall be made prior 1 : building occupancy.
Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be satisfied:
1. Completion of and approval by the City of rough grading of the project site.
2. City approval of soils' compaction report.
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Page 8
City approval of a certification of line and grade. The certification shall be
prepared by the p ' ' engineer or City-approved designee.
Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water base capacity fee (only when to be installed)
For 1" meter = $ 6,678.00 per meter
For 1%" meter = $10,388.00 per meter
Otb = Contact Engineering Division
Water meter fee (only when to be installed)
For 1 "meter = $ 270.00 per meter
For 1%' meter = $ 600.00 per meter
Otb = Contact Engineering Division
SDCWA capacity charge (only when to be installed)
To be paid by separate check, payable to San Diego County Water
Authority but remitted through the City of Poway.
For 1" meter
For 11/2" meter
For 2" meter
Oth
= $3,206.00 per meter
= $6,012.00 per meter
= $10,421.00 per meter
= Contact Engineering Division
S tion fee
= $17,905.60 (Balance of sewer
fee = $22,382.00 - $4,476.40
LOA reservation fee. It is subject to
change if building area changes).
S t fee
= $50.00
l(ifneeded)
$ [ inspection fee
Traffic mitigation fee
= $25.00 I: l (if needed)
= $1,881.00 (This amount represents a
payment for 114 vehicle trips per day =
18,933 sf/1000 x 6 trips/day x $66 x
0.25)
Drainage fee
= $957.70 (This amountwas
calculated from the acreage of the
additional property to be developed
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Page 9
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times the drainage basin fee = 0.61
Acres x $1570/Acre = $957.70
Park fee = None
Compliance of that certain condition of approval for the vacation of that
alley adjacent to Pacific Bell's property, i.e., paragraph 4.E. of City
Resolution No. 00-074. That certain condition is the execution of a
"Covenant of Improvement Req for of a public
access road across that property north of the Cox Cable property on
Midland Road or posting of improvement securities for said imp
acceptable to the Director of Development Services and/or the City
Engineer.
Recordation, in the office of the Recorder of San Diego County, of
Resolution No. 00-074 ordering the vacation of the public alley adjacent to
Lots 21,22 and 23 in Block 16 of Piermont, Map No. 331.
The building elevation shall show all roof appurtenances, including air
conditioners, architecturally integrated, screened from view, and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services. The building/screen wall height
combined height shall not exceed 45 feet.
Trash receptacles shall I; ~ within a 6-foot-high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be away
from the residential buildings, if possible, and subject to approval by the
Director of Development Services.
A detailed landscape and irrigation plan shall be submitted for review and
approval by the Director of Development Services. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Req (latest edition) and shall show the following:
All parking lot landscaping shall include a minimum of one 15-gallon
size tree for every three spaces. For parking lot islands, a minimum
12-inch-wide walk adjacent to parking stalls shall be provided and be
separated from veh by a 6-inch-high, 6-inch-wide Portland
I curb.
B. All parking spaces shall be double striped. The parking lot design
shall comply with the A :h Disabilities Act; i.e., 1:25 ratio for
accessible spaces with at least 31e space.
10.
11.
12.
13.
14.
15.
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Page 10
Street trees, a minimum of 15 gallon size or larger, shall be installed
in accordance with the City of Poway Guide to Landscape
Req -I shall be planted at an average of 30 feet on center.
The applicant shall make every effort to retain the existing street
trees. Additional trees may be required to meet City standards.
D. All landscaped areas shall be -1 in a healthy and thriving
condition, free from weeds, trash and debris.
Any signs proposed for this development shall be designed and approved
in :h the Sign Ordinance.
The site plan shall be modified to relocate the perimeter fencing to follow
along the rear of the building adjacent to the stairwells and walkways and
extending north ' ;I with the proposed gate and fence that
secures parking spaces 1 through 7. The proposed truck parking shall be
relocated to spaces 1 through 7, as noted on the site plan, and shall serve
as the secure parking. The remainder of the parking lot and driveway
access shall remain unfenced. Pacific Bell may close off the driveway
only during those times when actually performing work in the parking lot,
such as the installation of cable or delivery of equipment into the building.
The closure of the driveway shall only be accomplished with cones or
other temporary devices subject to City approval. At no time shall a gate
be constructed or used to preclude access to the parking lot.
The Development Services Department shall review the driveway access
issue for compliance with Condition 10 above, investigate the feasibility of
a reciprocal parking agreement, and report to the City Council after six
months of the facility being in operation.
Only directional signage within the parking lot shall be allowed.
The type of fencing shall be subject to City approval and shall be, at
· ' vinyl-coated chain link.
Pacific Bell employees and repair trucks shall park onsite and not on
Edgemoor Street.
Prior to City's appre',,al for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. Completion of public imp
2. City approval of record drawings of the grading and improvement plans.
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Page 11
Dedication of easement to the City, if any, for new public water lines.
Posting of a warranty bond for the
imp
public water system
Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
Performance securities for public imp if posted and separate
from the grading shall only be reduced twice b ' 31etlon
of imp
Payment securities and remaining performance securities, if any, shall be
released than 90 days after City's acceptance of imp
posting of warranty security, and approval of record drawings.
Prior to occupancy and release of unless other timing is indicated, the
applicant shall comply with the following conditions. Approval for occupancy may
be requested for each phase of
1. Completion of public imp
:1 parking lot.
2. City approval of record drawings of the grading and improvement plans.
Dedication of easements to the City for new public water lines (if new
waterline ' ' ~ outside the limits of existing :).
4. Posting of a warranty bond for the :1 public water system
improvements.
Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
Performance securities for public improvements, if 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 imp
posting of warranty security, and approval of record drawings.
Although no traffic or noise issues were anticipated in the E Iai
Initial Study, the City Council reserves the right to bring this application
back for consideration to address th 3ould they arise.
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Page 12
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The following req
the Safety Services Department shall be met:
Roof covering shall be fire retardant as per UBC Section 1503 and 1504
and City of Poway Ordinance No. 64.
The buildings shall display their numeric addresses in a manner visible
from the access street. Minimum size of the building numbers shall be 6
inches on the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept.-ASTREA criteria.
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Every building hereafter :1 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 a minimum of 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 suppression
system meeting PMC req The entire system is to be monitored
by a central monitoring company. System post indicator valves with
tamper switches, also monitored, are to be located by the City Fire
Marshal prior to installation.
An automatic f' ./stem shall be installed to approved standards by
a properly licensed contractor. System shall be completely monitored by a
U.L. listed central stat' 3any or proprietary
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and :1 at all times until is completed.
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Minimum 2A:10BC fire extinguisher required for every 3,000 square feet
and 75 feet of travel distance.
The addition of onsite fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
Material Safety Data Sheets shall be required for all hazardous and/or
toxic sub :1 in the building.
10.
An Emergency Contingency Plan and Hazardous Material D lall
be filed with the County of San Diego Department of Health and copies
provided to the Poway Fire Department.
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Page 13
11.
Prior to delivery of combustible building material onsite, water and sewer
systems shall y pass all required tests and b J 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
~y has been substantially completed to the sa! :
the City.
12.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided
ry throughout the building.
13.
Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed 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 from the standpipe or attached additional risers,
accessible by a 3'0" man door.
14.
Any use of stationary lead battery systems shall be in accordance with
,Article 64 and Article 80 of the Uniform Fire Code.
15.
The existing generator room shall comply with all current and applicable
fire and building codes.
Section6: The terms and conditions of Conditional Use Permit 99-18 and
Development Review 99-20 shall be binding upon the permittee and all persons, firms
and corporations having an interest in the property subject to these permits and the
heirs, ad and assigns of each of them, including
municipal corporations, public aG ri districts.
Section 7: The approval of CUP 99-18 and DR 99-20 shall expire on March 26, 2004
at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in the CUP and DR approvals h :1
prior to its expiration.
Section 8: Pursuant to G I Code Section 66020, the 90-day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
imposed pursuant to this approval shall begin on March 26, 2002.
Resolution P- 02-11
Page 14
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ' 3 this 26th day of March 2002.
ATTEST:
Michae~~
nne Peoples, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-02-11, was duly adopted by the
City Council at a meeting of said City Council held on the 26th day of March 2002, and
that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON, REXFORD
City of Poway