Res P-04-44
RESOLUTION NO. P-O4-44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO
CONDITIONAL USE PERMIT 84-16M(3)
ASSESSOR'S PARCEL NUMBERS: 317-471-13 and 317-472-13
WHEREAS, Conditional Use Permit 84-16M(3) was submitted by the City of
Poway for the purpose of expanding the existing parking lot located at 13094 Civic
Center Drive in the Open Space-Recreation zone; and
WHEREAS, on June 29, 2004, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the project involves a minor alteration of an
existing public facility.
Section 2: The findings, in accordance with the Section 17.48.070 of the Poway
Municipal Code for CUP 84-16M(3) approving the expansion of the parking lot, are
made as follows:
A. The project is consistent with the General Plan and Zoning Code in that public
and private recreational facilities are conditionally permitted in the zone.
B. That the location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources, in that the project
proposes a minor expansion of an existing parking lot that will not change the
operational characteristics of the Community Park, and is consistent with other
Community Park facilities and operations.
C. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses because the site will be developed with facilities and buildings
which have been designed to be compatible with the existing parking lot and
landscape.
D. That there are available public facilities, services, and utilities because the use
will be located in a development where all necessary facilities are already in
place.
E. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the facility has been designed to be compatible with the
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Page 2
existing parking lot and will provide the additional standard and disabled parking
facilities required for the expanded uses within the Community Park.
F. That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will provide additional
parking within the Community Park thereby limiting on-street travel and parking.
G. That the site is suitable for the type and intensity of the use, in that it provides for
additional on-site parking to accommodate expanded uses within the Community
Park.
H. That there will not be significant harmful effects upon environmental quality and
natural resources, in that the site had been previously graded and planted with
ornamental landscaping.
I. That there are no other relevant negative impacts of the development that cannot
be mitigated.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the proposed parking lot expansion will not be
materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan, in that the facility has been designed and sited such
that it will be compatible with surrounding uses and not result in visual impacts.
K. The proposed conditional use modification will comply with each of the applicable
provisions of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves CUP 84-16M(3) to expand the existing
parking lot at the Poway Community Park located at 13094 Civic Center Drive, subject
to the following conditions:
A. Approval of this modification of the CUP request shall apply only to the subject
project and shall not waive compliance with all sections of the Zoning Ordinance
and all other applicable City ordinances in effect at the time of Grading Permit
Issuance.
B. 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.
C. The conditions of CUP 84-16M(3) shall remain in effect for the life of the subject
facility and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
D. Prior to Grading Permit issuance, unless other timing is indicated, the applicant
shall complete the following:
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1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, Grading Permit application, and geotechnical
report(s) to the Development Services Department.
a. 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, and City Storm Water
Management and Discharge Control Ordinance.
b. 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.
c. Erosion control, including, but not limited to, desiltation basins, shall
be installed and maintained from October 15th to April 15th. An
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
maintenance of all erosion control devices.
2. The applicant shall pay the following fees and grading securities:
a. 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.
c. 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.
3. 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.
4. Construction boundaries should be clearly defined with orange
construction fencing to indicate the limits of disturbance.
5. Complete landscape construction documents shall be submitted to and
approved by the Planning Division. Landscape plan check fees are
required upon submittal of the plans. Plans shall be prepared in
accordance with the City of Poway Guide to Landscape Requirements
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(latest edition) to insure replacement of trees removed with this project.
6. The contractor shall coordinate the timing of all grading and construction
activities with the Community Services Department to minimize or avoid
conflicts with scheduled recreational programs or events at the
Community Park.
7. The contractor shall maintain adequate access to the Community Park,
Senior Center, and adjacent parking areas during construction, subject to
the satisfaction of the Directors of Development Services and Community
Services.
8. The contractor shall maintain the maximum amount of usable parking
spaces in the Park during the construction period, subject to the
satisfaction of the Directors of Development Services and Community
Services.
E. Prior to construction of public improvements, unless other timing is indicated, the
applicant shall complete the following:
1. Submittal to the City Development Services Department, for review and
approval, of improvement plans.
2. The applicant/developer shall pay the following fees, and post or pay
appropriate securities:
a. Improvement plan checking and inspection fees.
b. 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.
c. Right-of-Way and/or Encroachment Permits, if required as
hereupon mentioned.
d. The City reserves the right to waive payment of the above fees and
posting of securities.
3. No private improvements shall be placed or constructed within City
easements unless anyone of the following is satisfied:
a. An Encroachment Permit has been issued by the City for the
improvements; or
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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.
d. The City reserves the right to choose any or all of the above, under
certain circumstances, when City deems necessary.
F. Prior to the City's approval for release of securities, unless other timing is
indicated, the following conditions shall be satisfied:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Posting of a warranty bond for the constructed public improvements,
including water and street improvements.
4. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
5. Performance securities for public improvements, if posted and separate
from the grading securities, shall only be reduced twice before completion
of improvements.
6. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after the City's acceptance of
improvements, posting of warranty security, and approval of record
drawings.
7. 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 improvements.
8. The following improvements shall be constructed to the satisfaction of the
Fire Marshal:
a. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is
completed.
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Page 6
Section 4: The terms and conditions of Conditional Use Permit 84-16M(3) 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, executors, administrators,
successors and assigns of each of them, including municipal corporations, public
agencies and districts.
Section 5: This approval shall become null and void if a Grading Permit is not issued for
this project by June 29, 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 29th day of June 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 04-44 , was duly adopted
by the City Council at a meeting of said City Council held on the 29th day of June 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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