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Res P-03-51RESOLUTION NO. P-03-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 03-08 AND DEVELOPMENT REVIEW 03-09 ASSESSOR'S PARCEL NUMBER 278-240-01 gall WHEREAS the City of Poway, Applicant, proposes th · located a 15223 Skyridge Road; and 'a 0.3-million- WHEREAS, on August 19, 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 City Council has considered the E Initial Study (ELS) and Negative B (ND) for Conditional Use Permit 03-08 and Development Review 03-09. The subject ElS and ND documentation are fully incorporated herein by this The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on th :, and that the ND reflects the independent judgment and analysis of the City. The City Council hereby approves the Negative B Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for CUP 03 -09, approving th 'a 03-million-gal; made as follows: The project is consistent with the General Plan and Zoning Code, in that a water · ' ditionally 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 be smaller in size than the adjacent will be painted to blend with the natural conditions, and landscaped with trees and shrubs to screen th ' f :ling properties. That the harmony in scale, bulk, coverage, and density· : with adjacent uses because the site will be developed with a new reservoir which has been designed to be compatible with the existing, adjacent :l reduced in size -late the property owner. That th ~le public facilities, services, and utilities because the use will be located ' 3ere all necessary facilit' dy in place. Resolution No. P-03-51 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the facility has been designed with input from the neighbors and is intended to promote compatibility with the existing reservoir and the surrounding neighborhood. That the g :traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use will ly the same and adequate off-street parking has been incorporated into the project. That th ~le for the type and intensity of the use, in that it'th the adjacent :1 surrounding residential development. That there will not be significant harmful effects upon quality and natural in that there are no endangered plants, animals or sensitive species or habitats on site. That th :h be mitigated. : negative impacts of the development that cannot The impacts, as described in subsections (A) through (I) of Section 17.48.070, and the location, size, design, and operating ch ' the proposed use, and the conditions under which it would be operated :1 will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or imp in 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 03-09, for 0.3-million-gall 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 the adjacent reservoir and single-family homes in the area, and with the input provided through neighborhood meetings. The development encourages the orderly and h ~1: ' structure and property within the City through its ,! with the City of Poway development standards and compatibility with surrounding architectural themes. Section 4: Conditional Use Permit 03-08 and Development Review 03-09, consisting of a 0.3-million-gall as shown on the plans dated June 28, 2003, is hereby approved subject to the following conditions: Resolution No. P-03-51 Page 3 Approval of this request shall not all other applicable City ore aliance 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 manner as to interfere with th ~le 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, plan, Grading Permit appl :1 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. 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. E , including, but not limited to, desiltation basins, shall be installed and :1 from October 15th to April 15th. An :roi 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 :roi devices. The Storm Water Pollution Prevention Plan (SWPPP) may be required. If required, the SWPPP shall provide the erosion, sedimentation and pollution control to be used during Resolution No. P-03-51 Page 4 2. The applicant/developer shall pay the following fees and grading securities: Grading Permit, pi ~1, inspection, Righ and geotechnical review fees. The Grading Permit fee shall be paid at first submittal of grading plans. b. Posting and/or payment of grading The City reserves the right to waive payment of the above fees and posting of d. City approval of soils report and grading plans. Submittal of a request for, and hold, a p "~ 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 " C boundaries should be clearly defined with orang fencing to indicate the limits of disturbance. C lould be made fully aware of these boundaries and not to disturb or remove the existing vegetation beyond these boundaries. Complete landscape C shall be submitted to and approved by the Planning Division. Landscape plan check f :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 installation of the 24-inch-box Coast Live Oak and Brisbane Box I :1 th per the concept landscape plan. The landscape plan shall be consistent with City's fire management guidelines. 6. To create a similar screening appearance for both landscaping and irrigation are to be installed around th ri upgraded on the existing reservoir based on the concept landscape plan. Prior t of public imp unless other timing is indicated, the applicant/developer shall complete the following: Submittal to the City Development Services Department, for review and approval, of improvement plans for the following: Resolution No. P-03-51 Page 5 The locations and sizes of all utility boxes, vaults, and check valve assemblies within street rights-of-way shall be shown on the improvement pi The applicant/developer shall pay the following fees, and post or pay approp lies: a. Improvement plan checking and inspection fees. Performance and payment securities. 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 a sufficient amount of grading securities still held by the 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. C ~icles shall park in the designated ;le area or within the reservoir site, and not in Mr. Kolarov's driveway or rear yard :t. A comprehensive pavement surface inspection will be performed on Skyridge Road before and after th : th :1 the results of the study will be compared. The inspection will cover Skyridge Road (up to 2640' east of Kingman Road). These results will then be used to determine what physical impacts may have b :t as a result of th vehicle traffic. Cartegraph PavementView Plus software will be used to collect and analyze field data. Pad = structural damage or failure caused by traffic will be noted in the post construction survey and repaired t ~le condition prior t ' securities, subject to the satisfaction of the Director of Development Services. If blasting is required, th qall abide by the criteria identified in the contract specification d ' that, in summary, include: Aregisteredcivil or geotechnical engineer, or a certified engineering geologist or a State of California registered geophysicist with a minimum five years of recent experience to supervise the blasting operation, notification of appropriate property owners when the blasting would occur, ;l, methods to insure that no debris leaves the site, and dust control. Resolution No. P-03-51 Page 6 6. No private improvements shall be placed or :1 within City ! one of the following is satisfied: An Encroachment Permit has been issued by the City for the improvements; or An encroachment removal agreement has been executed by the developedowner and 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 The City reserves the right to choose any or all of the above, under ced ' when City C 'y. 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. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding "' 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 Water I: fee For 1" meter For 11/='' meter For 2" meter Otb : W' ' fee For 1" meter For 1~" meter For 2" meter = $ 6,678.00 per meter = $10,388.00 per meter = $16,694.00 per meter -- Contact Engineering Division = $ 270.00 per meter = $ 600.00 per meter = $ 800.00 per meter Otb Resolution No. P-03-51 Page 7 = 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 Prior to the City's approval 1' = 3,206.00 per meter -- 6,012.00 per meter = 10,421.00 per meter = ~,ontact Engineering Division '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. 3. Dedication of any to the City for new public water lines, if any. 4. Posting of a warranty bond for th :1 public imp :ling water and street imp 5. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 6. Peal' lies for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of imp 7. 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. 8. 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 9. Th ' ' to be painted Desert Tan. The existing I be painted Desert Tan, with the completion of its planned rehabilitation. The repainting should take place as soon as practicable and feasible, as determined by the Director of Public Works. Resolution No. P-03-51 Page 8 10. The following imp Fire Marshal: shall be :1 to the of the 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 16 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 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 :t at all times until is completed. Section 6: The terms and conditions of Conditional Use Permit 03-08 and Development Review 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, aC :t assigns of each of them, including municipal corporations, public ag -1 districts. Section 7: This approval shall b il and void if Building Permits are not issued for this project by August 19, 2005, at 5:00 p.m. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 19th day of August 2003. Deput~ ~yo, -- ATTEST: nne Peoples, City C~rk No. P-03-51 Page 9 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-03-51, was duly adopted by the City Council at a meeting of said City Council held on the 19th day of August 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA ne Peoples, City Clerk Poway