Res P-03-48RESOLUTION NO. P-03-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 03-07,
DEVELOPMENT REVIEW 03-08, AND VARIANCE 03-09
ASSESSOR'S PARCEL NUMBER 273-182-01 AND -02
WHEREAS the City of Poway, Applicant, proposes the of an 885-
square-foot water pump station located a 17109 and 17063 Cloudcroft Drive; and
WHEREAS, on August 5, 2003, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application;
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The proposed project is Categorically Exempt as a Class 2 Categorical
Exemption from the California E Iai Quality Act (CEQA) pursuant to Section
15302 of the CEQA Guidelines, in that the project 31acement "
of existing utility systems involving negligible expansion of capacity and Class 5, Section
15305 of the CEQA Guidelines in that the project : a minor alteration to the street
front yard setback and does not create a new parcel.
Section 2: The finding lance with the Section 17.48.070 of the Poway Municipal
Code for CUP 03-07, approving the construction of an 885-square-foot water pump station,
are made as follows:
A. The project'
stat'
I with the General Plan and Zoning Code in that water pump
:litionally permitted in the zone.
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 proposed
facility will replace an existing water pump station and sound attenuation louvers
have been incorporated into the building.
That the harmony in scale, bulk, coverage, and density' I with adjacent
uses because the site will be developed with facilities and a building which have
been designed to be compatible with surrounding residential
That th 31e public facilities,
be located in an area where all necessary facilit'
:1 utilities because the use will
:ly in place.
That there will not be a harmful effect upon desirable neighborhood characteristics,
in that the facility has been designed with input from, and is sensitive to, the
neighbors and is intended to p ',]hborhood compatibility.
Resolution No. P-03-48
Page 2
That the G :traffic will not adversely impact the surrounding streets and/or
the City's Transportation Element, in that the use will lially the same
and adequate off-street parking has been incorporated into the project.
That th · 31e for the type and intensity of the use, in that it'
surrounding residential development.
:h
That there will not be significant harmful effects upon Iai quality and
natural that the site has been previously graded and developed noise
mitigat' have been required to reduce the potential impacts to a level of
insignificance.
That th :h
be mitigated.
negative impacts of the development that cannot
The impacts, as described in subsections (A) through (1) of Section 17.48.070, and
the location, size, design and operating characteristics of the proposed use and the
conditions under which it would be operated 'J will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or
imp the vicinity nor be contrary to the adopted General Plan.
The proposed conditional use will comply with each of the applicable p
Section 17.48.070 of the Poway Zoning Code.
Section 3: The findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for DR 03-08, for an 885-square-foot water pump station, 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 single-family homes in the area
and with the input provided through neighborhood meetings.
The development encourages the orderly and h 31: : structure
and property within the City through its j with the City of Poway
development standards and compatibility with surrounding architectural themes.
Section 4: The finding Jance with G
imp are made as follows:
:Code Section 66020 for the public
The design and improvements of the proposed develop t with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary ~ facilities will be available to serve the project. The provision
of public imp :1 payment of development 1' Jed :
the proposed development to protect the public health, safety, and welfare as
identified below:
Resolution No. P-03-48
Page 3
1. Drainage imp
runoff; and
be provided for the increase in surf
2. Access to the site will be provided in accordance with City standards.
Section 5: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-09 to all 8-foot front yard setback rather than
the required 25-foot setback for an 885-square-foot water pump station located within a
5,847-square-foot easement situated on a portion of two parcels located at 17109 and
17063 Cloudcroft Drive in the RS-3 ~own on the site plan dated June 16, 2003,
are made as follows:
A=
That there are special ' 3plicable to the property and because of this
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special include the fact that approximately one-half of the
developable area of th I :rained by an existing pump station,
the triangular-shaped easement limits the location of additional facilities, and the
need to p :ure landscaping on the side yard; and,
Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in th :y and
not afforded to the property for which the Variance is sought because the
developable area of the lot is constrained by an existing pump station, the triangular
easement configuration, and mature landscaping on the side yard; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that th lly utilized as a water pump
station and the proposed facility is intended to replace the existing pump station and
will I; ' :1 and painted to match adjacent single family homes; and,
That the granting of this Variance does not constitute a special privilege that is
l with other properties in the vicinity and zone in that other nearby lots
along Cloudcroft D ' ~ into the required 25-fobt front yard setback and that
th I area of 5,847 square feet is approximately one-third the size of the
required 15,000-square-foot lots for the zone; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-3 zone because the site is already utilized as a public utility
which is conditionally permitted in the zone; and
That the proposed V I be compatible with the'City's General Plan because
it implements Goal IV of the Public Facilities Element that the City provide an
efficient and public water system for current and future residents.
Resolution No. P-03-48
Page 4
Section 6: Conditional Use Permit 03-07, Development Review 03-08, and Variance 03-09,
consisting of an 885-square-foot water pump station with an 8 foot front yard setback as
shown on the plans dated June 16, 2003, is hereby approved subject to the following
conditions:
Approval of this request shall not
all other applicable City ord
31lance with the Zoning Ordinance and
~:ect at the time of Building Permit issuance.
The use conditionally granted by this permit shall not be conducted in such a
to interfere with the reasonable use and enjoyment of the surrounding
residential and uses.
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein. The
applicant shall comply with the Poway Municipal Code and the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other applicable codes and
ordinances.
Prior to Grading Permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following:
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 with the
approved development plan and in accordance with the Uniform
Building Code, City Grading Ordinance, and City Storm Water
Management and Discharge Control Ordinance.
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
:1.
All driveway approaches to the development shall be with alley-type
curb returns.
Erosion control, including, but not limited to, desiltation basins, shall
be installed and :1 from October 15th to April 15th. An
Resolution No. P-03-48
'Page 5
erosion control 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 proper
! all erosion control devices.
The Storm Water Pollution Prevention Plan (SWPPP) shall be
prepared. The SWPPP shall provide th ' ~ :1
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
The applicant/developer shall pay the following fees and grading securities:
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.
The City reserves the right to waive payment of the above fees and
posting of securities.
d. City approval of soils report and grading plans.
Submittal of a request for and hold a pre-construction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible that
necessary individuals such as, but not limited to, contractors, sub
project civil engineer and project soils engir~eer must attend the pre-
construction meeting.
Construction boundaries should be clearly defined with orang
fencing to indicate the limits of disturbance. Construction crews should be
made fully aware of these boundaries and not to disturb or remove the
existing vegetation beyond these boundaries.
Complete landscape d 3all be submitted to and
approved bythe Planning Division. Landscape plan check1' :luired
upon submittal of the plans. Plans shall be prepared in accordance with the
City of Poway Guide to Landscape Req (latest edition) that insure
the preservation of the existing Italian Cypress and twisted Juniper trees, a
24-inch box Liquidambar tree, Purple Hopseed, Viburnum, and India
Hawthorn shrubs.
Resolution No. P-03-48
Page 6
Prior to of public improvements, unless other timing is indicated, the
applicant/developer shall complete the following:
Submittal to the City for review and approval of improvement plans to the
Development Services Department for the following:
All new and existing electrical/ iion/C^TV utilities shall be
installed underground prior to, if any, 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 arrang :h each of
the serving utilities.
The locations and sizes of all utility boxes, vaults, and check valve
assemblies within street rights-of-way shall be shown on the
improvement plans and screened.
The applicant/developer shall pay the following fees, and post or pay
approp :les:
a. improvement plan checking and inspection fees.
Performance and payment securities. These securities may be
waived by the City Engineer if substantial amount of grading is
completed prior to installation of public imp and there is
sufficient amount of grading securities still held bythe City to complete
the remainder of the grading works and public improvements.
Right-of-way and/or Encroachment Permits, if required as hereupon
mentioned.
The City reserves the right to waive payment of the above fees and
posting of securities.
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
No private improvements shall be placed :1 within public street
rights-of-way or City y one of the following is satisfied:
An Encroachment Permit has been issued by the City for the
imp 'or
Resolution No. P-03-48
Page 7
An encroachment removal agreement has been executed by the
develol~ d 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 shown to be
constructed.
The City reserves the right to choose any or all of the above, under
ced ' when City d 3/.
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.
City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or CitY-approved designee.
Louvered noise attenuated ventilation fans should be located on the north
side of the building as depicted in the proposed building plans.
=
Noise should be the primary consideration in the selection of mechanical
equipment to be used at the site or with the replacement of existing
equipment, including ventilation 1' :litioners and §
All roof appurtenances shall be architecturally integrated, screened from
view, and sound buffered from adjacent properties and :luired by
the Planning Division.
The proposed Scata telemetry tower shall be reduced 1 height
of 35 feet and painted, as necessary, to blend with the adjacent properties.
=
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.
If a new or larg
:luired, credit will be given for the existing
Wat6
For 1" meter
For 1~" meter
-- $ 6,678.00 per meter
= $10,388.00 per meter
Resolution No. P-03-48
Page 8
For 2" meter
Otb
= $16,694.00 per meter
= Contact Engineering Division
W
fee
For 1" meter
For 1¼" meter
For 2" meter
Otb
-- $ 270.00 per meter
= $ 600.00 per meter
= $ 800.00 per meter
= Contact Engineering Division
- To be paid by
separate check, payable to San Diego County Water Authority but remitted
through the City of Poway.
For 1" meter
For 1~" meter
For 2" meter
Otb
= $ 3,206.00 per meter
= $ 6,012.00 per meter
= $10,421.00 per meter
= Contact Engineering Division
S fee = None
S l fee = None
S l il = None
)n fee = None
e fee = None
Park fee = None
Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
Completion of public improvements.
City approval of record drawings of the grading and improvement plans.
Dedication of any
to the City for new public water lines, if any.
Posting of a warranty bond for the
including water and street improvements.
:1 public improvements
=
Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
10.
Resolution No. P-03-48
Page 9
Perf
from the grading
of improvements.
:les for public imp if posted and separate
~all only be reduced twice b 31etlon
Payment securities and remaining performance securities, if any, shall
be released no sooner than 90 days after the City's acceptance of
imp posting of warranty security, and approval of record
drawings.
The City reserves the right to change the timeline for compliance of the
above conditions and/or waive the posting of warranty security for the
public imp
Design and construct road imp on Cloudcroft Drive that
include, but are not limited to, the new entrance road, curb, gutter, and
sidewalks along the road frontage subject to the satisfaction of the City
Traffic Engineer, City Engineer and Director of Development Services.
The following imf
Fire Marshal:
lall be constructed to the satisfaction of the
Roof coverings shall be fire retardant as per UBC Section 1503
and 1504 and City of Poway Ordinance No. 64.
The building shall display th :Id 31e
from the access street. Minimum size of the building numbers
shall be 6 inches on the front facade of the building.
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 16 feet of unobstructed
width, with adequate roadway turning radius capable of supporting
the imposed loads of fire apparatus having ' ' = 13 feet, 6
inches of vertical The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job site at the start of
and -I at all times until is
completed.
Minimum 3A:40BC fire extinguisher required for every 3,000
square feet and 75 feet of travel distance.
Resolution No. P-03-48
Page 10
N.F.P.A. Standard 704, Hazardous Material Labeling, shall be
provided ry throughout the building.
Prior to the delivery of combustible materials on site, water
systems shall satisfactorily pass all required tests and be
connected to the public water 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 activity has been
substantially completed to the sal : the City.
11.
Install acoustical louvers on both sides of the building, as currently
specified, that reduce exterior noise levels to meet the City's Noise
Ordinance req Additional baffling/noise attenuation methods
may be required if the proposed noise attenuation does not meet City
standards after installat' levels I: 3atible with the
surrounding residential land uses.
Section 7: The terms and conditions of Conditional Use Permit 03-07, Development
Review 03-08, and Variance 03-09 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, administrators, and assigns of each of them, including
municipal corporations, public a~ :1 districts.
Section 8: This approval shall b I and void if Building F
this project by August 5, 2005 at 5:00 p.m.
:issued for
Section 9: Pursuant to G I Code Section 66020, the 90-day approval period in
which the applicant may pretest the imposition of any fees, dedications, reservations, or
3osed pursuant to this approval shall begin on August 5, 2002.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 5th day of Augus_.t 2003.
Michael P. C~
ATTEST:
nne Peoples,
Resolution No. P-03-48
Page 11
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- 03-48, was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of August 2003, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Loci Anne Peoples, City Clerk[
City of Poway