Res P-04-36
RESOLUTION NO. P- 04-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
RESCINDING RESOLUTION P-02-27 AND
APPROVING CONDITIONAL USE PERMIT 02-06 AND
DEVELOPMENT REVIEW 02-08
ASSESSOR'S PARCEL NUMBER 323-501-02
WHEREAS, Conditional Use Permit (CUP) 02-06 and Development Review (DR 02-
08) were submitted by the City of Poway, to develop a vehicle storage lot at 13875 Kirkham
Way within the South Poway Planned Community zone. The land use designation of the
site is Light Industrial/Outdoor Storage; and
WHEREAS, on May 18, 2004, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
WHEREAS, the Poway Redevelopment Agency wishes to extend the approval of
CUP 02-06 and DR 02-08 for an additional two-year period; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the CityofPoway, as
follows:
Section 1: The City Council finds that Conditional Use Permit 02-06 and Development
Review 02-08 is Categorically Exempt, Class 32 from the provisions of the California
Environmental Quality Act, pursuant to Section 15332, because it is in-fill development that
is less than 5 acres in size, in an area served by existing infrastructure and no natural
habitat exists on the site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the approval of Conditional Use Permit 02-06, for the development of vehicle
storage lot on Lot 2 of Final Map 14230 in the 13800 block of Kirkham Way, are made as
follows:
A. The size and design of the project is appropriate for the use and location and is a
permitted use in an area having a land use designation of Light Industrial/Outdoor
Storage with the approval of a Conditional Use Permit. Therefore, the proposed
location, size, design and operating characteristics of the use are in accord with the
title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of
the zone in which the site is located, the City General Plan, the South Poway
Specific Plan and the development policies and standards of the City.
B. The project has been designed to comply with the South Poway Development
Standards and will be consistent with surrounding development and a minimum 8-
foot-high screen wall will be constructed to screen the vehicles to the satisfaction of
the Director of Development Services. Therefore, the location, size, design and
operating characteristics of the proposed use will be compatible with, and will not
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Page 2
adversely affect or be materially detrimental to, adjacent uses, buildings, structures,
or natural resources.
C. The project will meet or exceed standards for scale, bulk, coverage, and density.
Therefore, the harmony in scale, bulk, coverage, and density of the project is
consistent with adjacent uses.
D. There are public facilities, services, and utilities available to the site.
E. The project has been designed to comply with the South Poway Standards and the
use will be compatible with surrounding development. Therefore, there will be no
harmful effect upon desirable neighborhood characteristics.
F. The project will not result in a significant impact on the character or the intensity of
the transportation system in the vicinity and is found to be consistent with the
Circulation Element of the General Plan.
G. The project is allowable on land designated as Light I ndustrial/Outdoor Storage and
the property is located in an area with suitable circulation and other infrastructure.
The surrounding development is compatible with light industrial and outdoor storage.
Therefore, the site is suitable for the proposed outdoor storage use.
H. The project is in-fill development that does not affect natural resources. Therefore,
there will not be significant harmful effects upon environmental quality and natural
resources.
I. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J. The impacts, as described above, and the proposed location, size, design and
operating characteristics of the proposed use and the conditions under which it
would be operated or maintained 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 or the South Poway Specific Plan.
K. The proposed conditional use will comply with each of the applicable provisions of
Section 17.48.070 of the Poway Municipal Code with regard to current development
standards.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for Development Review 02-08, for the development of a vehicle storage at 13875 Kirkham
Way, are made as follows:
A. The project has been designed to comply with the development standards of the
South Poway Specific Plan. It will not create a negative visual impact as viewed
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Page 3
from the street and neighboring properties. Proposed landscaping and a screen
wall will soften and screen the building from such views. Exterior building colors and
materials will help the building blend in with surrounding development. Therefore,
the building respects the interdependence of land values and aesthetics to the
benefit of the City.
B. The project has been designed to comply with the development standards of the
South Poway Specific Plan and be in character with existing development in the
area. Therefore, the proposed use does not conflict with the orderly and
harmonious appearance of structures and property within the City, along with
associated facilities, such as, but not limited to, signs, landscaping and parking
areas.
C. There are public facilities, services, and utilities available. No significant traffic
impacts will occur with this development. The project will otherwise conform to all
City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
D. The project is designed to be consistent in design with surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of developments.
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposal does not have an adverse aesthetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
F. The proposed project will comply with all of the provisions of the Zoning Ordinance,
the South Poway Specific Plan and the General Plan.
Section 4: Pursuant to Government Code Section 66020, the public improvements for
Conditional Use Permit 02-06 and Development Review 02-08 are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, the South Poway Specific Plan, as well as City
ordinances, because all necessary services and facilities are available to serve this
project. The payment of sewer fees 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 water, traffic mitigation, drainage, park, sewer,
and road construction fees, which are assessed on a pro-rata basis to finance
and provide public infrastructure improvements, which promote a safe and
healthy environment for the residents of the City.
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Section 5: The City Council hereby approves Conditional Use Permit 02-06 and
Development Review Permit 02-08 for the development of a vehicle storage lot and an
ancillary guardhouse building at 13875 Kirkham Way, within the South Poway Planned
Community zone. The approval is subject to the following conditions:
A. Approval of this Conditional Use Permit request shall apply only to the subject
project and existing uses and shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
Building Permit issuance.
B. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood. Within 30 days of the
transfer of the title of the property from the Poway Redevelopment Agency to a
developer/applicant, the new property owners shall execute a Covenant on Real
Property which states that the applicant must abide by the conditions contained in
this Resolution.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. The conditions of this CUP shall remain in effect for the life of the project and shall
run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. Conditional Use Permit 02-06 may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval and
to address concerns that may have been raised during the prior year.
F. All construction activity on the project site, including equipment preparation, shall be
limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday.
G. Approval of CUP 02-06 and DR 02-08 does not include sign approval. Any signs
proposed for this development shall be designed and approved in conformance with
the South Poway Specific Plan Standards and the Sign Ordinance of the Poway
Municipal Code.
H. A minimum 8-foot-high masonry or textured concrete screen wall shall be
constructed along the perimeter of the vehicle storage yard to the satisfaction of the
Director of Development Services. The color of the wall shall be earth toned to
blend with the natural surroundings. Landscaping shall be installed to soften and
break up the exterior appearance of the wall.
I. The applicant shall obtain a Grading Permit. Compliance with the following is
required prior to issuance of a Grading Permit:
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1. The grading plan shall be prepared on a City of Poway standard mylar at a
scale of 1"=20', and shall be submitted, along with a grading permit
application and applicable fees, to the Development Services Department,
Engineering Division for review and approval. A grading plan submittal
checklist is available at the engineering division front counter. At a minimum,
the grading plan shall show the following:
a. All driveway approaches to the development shall have alley type curb
returns. The minimum width for driveways providing ingress and
egress is 30 feet.
b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum 5-foot
setback from open space areas and property lines. Buildings shall be
located at least 5 feet from tops and toes of slopes, unless waived by
the Planning Division and/or Engineering Division prior to issuance of
a grading permit.
d. All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easement without an
approved encroachment agreement/permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f. All new drainage improvements with pertinent elevations and grades.
g. All pavements for proposed parking lot shall be in accordance with the
minimum specifications of the City of Poway Municipal Code Section
12.20.080 and/or to the satisfaction of the Director of Development
Services.
h. Water and sewer connections to the new facilities.
i. Any proposed retaining walls, and top and bottom of wall elevations.
j. The required 8-foot-high minimum masonry/or textured concrete
screen wall shall be shown along the perimeter of the outdoor storage
yard to the satisfaction of the Director of Development Services. The
wall shall observe a minimum 35-foot front yard setback. Driveway
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entry gates shall observe a minimum 70-foot setback from the right-of-
way.
k. All traffic aisles are required to have a minimum 25-foot width. The
parking lot design shall provide a minimum 28-foot inside radius and
50-foot outside radius for traffic aisles to accommodate fire safety
vehicles.
2. 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 slope stability analysis shall accompany the soils report for
any proposed fill slope over two feet in height.
3. 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 easements required to
properly handle the drainage. Concentrated flows across driveways are not
permitted. Drainage catch basins, inlets, grate basins, drainage system from
the truck wash pad area, or similar structures, shall be designed to be
equipped with structural Best Management Practices (BMPs) for interception
of pollutants and/or sediments before leaving the project site. BMPs are
subject to review and approval of the City.
4. To insure compliance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm run-off into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, measures to protect
construction material from being exposed to storm runoff, protection of all
storm drain inlets, onsite concrete truck wash and waste control, and other
means of Best Management Practices to effectively eliminate pollutants from
entering the storm drain system. The applicant shall certify the SWPPP prior
to approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans.
5. The applicant shall pay all applicable engineering, plan checking, permit and
inspection fees.
6. Grading securities in the form of a performance bond, a cash deposit, or a
letter of credit shall be posted with the City.
7. The applicant shall apply for a water system analysis to establish the location
of fire hydrants, as determined by the Fire Marshal, and to determine the
adequacy of the existing water mains and any necessary water main
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extension to serve the project. The cost of the analysis shall be paid by the
applicant.
8. Concurrent with the submittal of the grading plan, a separate set of
improvement plans for the onsite water improvements shall be submitted to
the Engineering Division.
g. 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,
subcontractors, project civil engineer and project soils engineer must attend
the preconstruction 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 easements.
11. Grading of the project shall be in substantial conformance with 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.
12. Erosion control, including but not limited to desiltation basins, if necessary
shall be installed and maintained from October 15th to April 15th. The plan
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan. The applicant shall make provisions to insure proper
maintenance of all erosion control devices.
13. All parking stalls shall observe a minimum 25-foot setback from the right-of-
way. Parking stalls that are parallel to the street shall observe a minimum
40-foot setback from the right-of-way.
14. The grading plan shall show and note the number of all required parking
spaces. Pursuant to the South Poway Specific Plan Development
Standards, an area shall be designated for motorcycle parking. The
minimum dimensions of a motorcycle space shall be 4 feet x 8 feet. All
required parking spaces (not vehicle storage parking spaces) shall be double
striped. The minimum dimensions for standard sized parking stalls shall be
8.5 feet x 18.5 feet. The parking lot design shall comply with the Americans
with Disabilities Act for accessible spaces.
15. The grading plan shall show, at parking lot islands, a minimum 12-inch wide
walk adjacent to parking stalls. It shall also depict wheel stops where
overhanging vehicles would reduce the minimum required planter
dimensions.
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16. Use of recycled water will be required for onsite landscape irrigation. Each
site shall have a designated user supervisor who has attended the San Diego
County Water Authority user supervisor class. County of San Diego
Department of Environmental Health will assess fees for the following
activities:
a. Site Plan Check $400.00 average costs. "
b. Shut Down Test"" $320.00 average costs. "
c. Title 22 Inspection $80.00 average costs.
"Based on full cost recovery; actual fee amount may vary.
""Shut down test is required at initial installation and at least every four years
on sites with both recycled and potable water.
17. Complete landscape construction documents (and plan check fee) shall be
submitted for all areas of new construction. Plans shall be prepared in
accordance with the Poway Zoning Code and Guide to Landscape
Requirements, and shall include but not be limited to the following:
a. Landscaping for all newly manufactured and disturbed slopes greater
than a 5:1 slope.
b. Street trees per the above landscape requirements, at 30 feet on
center, with flexibility in clustering the trees to promote a natural
appearance in the spacing.
c. Landscaping for all new parking lots not including the areas for
parking of vehicles for storage purposes per the above landscape
requirements, including a minimum of one 15-gallon size broad
spreading evergreen tree for every three spaces, and landscape
islands between every 8 to 10 parking spaces. Parking lots shall be
provided with landscaping sufficient to screen parking areas from the
street, using earth berms, walls, and/or plantings. Screening shall
achieve a minimum height of 36 inches except where site distances
are a factor.
d. Irrigation plans consistent with the above landscape requirements.
e. The owner shall permanently and fully maintain landscaped areas
within the adjacent public right-of-way. All existing irrigation and
landscaping within any designated LMD areas shall be protected.
f. Parking spaces may not overhang required landscape setback areas
or landscape islands or strips which have an inside dimension less
than 6 feet.
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Page 9
g. Landscape areas between buildings and parking shall be at least 8
feet wide, not including sidewalks.
J. Compliance with the following conditions is required prior to construction of public
improvements.
1. Submittal to the City for review and approval of improvement plans for onsite
public water system and street improvements to the Development Services
Department for approval.
2. Onsite potable water lines shall be constructed 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
applicant/developer shall pay to the City the cost of preparing the analysis
prior to submittal of improvement plans.
a. Public improvements shall be constructed in accordance with City
adopted standards and specifications, the latest adopted edition of the
Standard Specifications for Public Works Construction and its
corresponding San Diego supplements, the current San Diego
Regional Standard Drawings, and the South Poway Specific Plan.
b. All new and existing electrical/communication/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 requirements of this condition, and
shall make the necessary arrangements with each of the serving
utilities.
c. The locations and 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. Any above ground utility boxes with
dimensions greater than 36 inches shall be screened from view with
landscaping, a decorative wall or by locating it within the project site to
the satisfaction of the Director of Development Services.
3. The applicant/developer shall pay the following fees, and post or pay
appropriate securities for public improvements:
a. Improvement plan-checking and inspection fees.
b. Performance and payment securities. The City Engineer may waive
these securities if substantial amount of grading is completed prior to
installation of public improvements and there is sufficient amount of
Resolution No. P- 04-36
Page 10
grading securities still held by the City to complete the remainder of
the grading works and public improvements.
c. Right-of-way and/or encroachment permits, if required as hereupon
mentioned. A right-of-way permit shall be obtained from the
Engineering Division for any work to be done in the public street
rights-of-way or City held easements.
4. 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,
subcontractors, project civil engineer and project soils engineer must attend
the pre-construction meeting.
5. No private improvements shall be placed or constructed within public street
rights-of-way or City easements unless anyone 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
developer/owner and subsequently approved by the City; or
c. 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
circumstances when City deems necessary.
6. The applicant/developer shall cause the dedication of the following
easements to the City:
a. An easement, a minimum of20.00 feet wide for each new public water
line, shall be dedicated to the City.
b. A processing fee shall be paid to the City at first submittal of
easement document for review. Recordation of the easement in the
office of the San Diego County Recorder may be deferred, with the
approval of the City Engineer prior to issuance of building occupancy.
K. The applicant shall obtain a Building Permit. Compliance with the following
conditions is required prior to issuance of a Building Permit.
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1. The site shall be developed in accordance with the approved conceptual site
plan dated March 19,2002, on file in the Development Services Department
and the conditions contained herein. Grading of lots shall be in accordance
with the Uniform Building Code, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices acceptable to
the City.
2. Erosion control, including but not limited to desiltation basins, if necessary,
shall be installed and maintained by the developer throughout construction of
the project.
3. Rough grading of the project site shall be completed and meet the approval
of the City Inspector and shall include submittal of the following:
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
4. City approval of a soil compaction report shall be obtained.
5. Prior to start of any work within City-held easements or rights-of-way, a right-
of-way permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior to
permit issuance.
6. The building plans shall depict 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.
7. The building plans shall identify the exterior building colors and materials.
8. The site plan shall show and note all required parking.
9. Trash receptacles shall be enclosed by a 6-foot-high masonry wall with view
obscuring gates. Locations shall be subject to approval by the Planning
Division.
10. School impact fees shall be paid at the rate established at the time of building
permit issuance. Please contact the Poway Unified School District for
additional information at (858) 748-0010, ext. 2089.
11. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
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Page 12
Uniform Fire Code and all other applicable codes and ordinances in effect at
the time of Building Permit issuance.
12. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures shall comply
with the South poway Specific Plan Development Standards. Security
lighting and parking lot lighting is required to be low-pressure sodium and
designed such that they reflect light downward, and away from streets and
adjoining properties. Parking lot lights shall not exceed a maximum height of
25 feet from the finished grade.
13. The following development fees shall be paid to the Engineering Division
(unless other payee is indicated). The following fee amount is currently in
effect and is subject to change without notice with the exception of water
meter connection and expansion fees. The applicant shall pay the amount in
effect at the time of Building Permit issuance.
A minimum of two water meters shall be installed for the project; i.e., one for
potable water and one for reclaimed water.
Water base capacity fee (Resolution No. 91-123)
For 1" meter = $ 6,678.00 per meter
For 1 '12" meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No. 91-123)
For l' meter = $ 270.00 per meter
For 1 %" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge (applicable to potable water only) - To be paid
by separate check, payable to San Diego County Water Authority, but
remitted through the City of Poway.
For 1" meter = $3,206.00 per meter
For 1 Yo" meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = $19,653.82 (Per Resolution No.
P-01-05, approving TTM 00-01)
Sewer cleanout fee = $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per cleanout
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Page 13
Traffic mitigation fee = $52.80"
(400 SF + 1,000) x 8 trips = 3.2 trips
"3.2 trips x $66/trip x 0.25 = $52.80
Drainage fee = $9,516.30 (Per Resolution No.
P-01-05, approving TTM 00-01)
Park fee = $21,409.94 (Per Resolution No.
P-01-05, approving TTM 00-01)
Pro rata share for construction of Scripps Poway Parkway
= $33,854.54 (Per Resolution No.
P-01-05, approving TTM 00-01)
Street light energizing fee = $140.00 (Per Resolution No.
P-O1-05, approving TTM 00-01)
L. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. #64.
2. The buildings shall display their numeric address in a manner visible 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 in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department ASTREA criteria.
3. A fire hydrant will be required ofthis project. The Fire Prevention Bureau will
determine the location of the hydrant.
4. A wild land fuel mitigation plan shall be submitted to eliminate any potential
threat of spread of fire from the proposed building and the open space
easement. The Directors of Safety Services, and Development Services
shall approve this plan prior to building occupancy.
M. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the
following:
1. Completion of public improvements. Driveways, drainage facilities, slope
landscaping and protection measures, and utilities shall be constructed,
completed, and inspected by the Engineering Inspector.
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Page 14
2. An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
3. All proposed utilities within the project site shall be installed underground.
4. Record drawings of the grading and improvements plans, signed by the
engineer of work, shall be submitted to Development Services prior to a
request of occupancy, per section 16.52.130B of the grading ordinance.
Record drawings shall be submitted in a manner to allow the City adequate
time for review and approval prior to issuance of occupancy and release of
grading securities.
5. Dedication of easements to the City for new public water lines and general
utility easement.
6. Posting of a warranty bond for the constructed public water system
improvements shall remain in effect for a period of one year.
7. Grading securities shall be released only upon completion ofthe grading and
upon City approval of the record drawings of the grading plans.
8. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
9. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
10. All landscaped areas shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed to retain a natural form. Pruning should be restricted to maintain the
health of the trees and to protect the public safety.
11. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Address shall
be required at private driveway entrances.
Section 6: The approval of Conditional Use Permit 02-06 and Development Review 02-08
shall expire on May 18, 2006, at 5:00 p.m. unless, prior to that time, a Building Permit has
been issued and construction on the property in reliance on the CUPIDR approval has
commenced prior to its expiration.
Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on May 18, 2004.
Resolution No. P- 04-36
Page 15
Section 8: City Council Resolution P-02-27 is rescinded in its entirety.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of May 2004.
ATTEST:
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- 04- 36 , was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of May 2004, and
that it was so adopted by the following vote:
AYES: GOLOBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY