Res P-18-16RESOLUTION NO. P-18-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW
16-006 ASSESSOR PARCEL NUMBER 317-540-64
WHEREAS, Development Review (DR) 16-006 was submitted by Mike Foster, Applicant,
and SPH Six LLC, Owner, for a proposed redevelopment of a 0.92 -acre site with a new 11,715
square -foot office building at 12509 Poway Road within the Poway Road -Mixed Use (PR -MU)
land use designation of the Poway Road Specific Plan (PRSP); and
WHEREAS, on June 5, 2018, the City Council held a duly advertised public meeting to
receive testimony from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: In accordance with the requirements of the California Environmental
Quality Act (CEQA), the Project is Categorically Exempt from the California Environmental Quality
Act (CEQA), as a Class 32 Categorical Exemption, pursuant to Section 15332 of the CEQA
Guidelines, which exempts in -fill development projects in built-up, urban areas on sites of five
acres or less.
Section 2: The findings for DR 16-006, in accordance with the Poway Municipal Code
(PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project respects the interdependence of land values and aesthetics to the benefit of
the City, in that it is an "infill' project that will remove an older building and a large parking
area and redevelop the site more efficiently and to current City design standards.
B. The project encourages the orderly and harmonious appearance of structures and
property within the City, in that it is an infill project that will comply with current City design
standards and will replace a deteriorating vacant building at a highly visible location.
C. The project maintains the public health, safety and general welfare, and property
throughout the City in that the project will meet current fire protection, building, and
stormwater quality requirements.
D. The project is cognizant of public concerns for the aesthetics of developments in that the
exterior design of the building and site design features comply with current City design
standards. The proposed building incorporates architectural features that create visual
interest.
E. The project will not have an adverse health, safety or aesthetic impact upon adjoining
properties or the City in general, in that the project will comply with current City design
standards and all fire protection, buildings, and stormwater quality requirements. The
access to and interface with adjacent properties will be maintained.
F. The project complies with all of the provisions of the zoning ordinance and the general
plan.
Resolution No. P-18-16
Page 2
Section 3: The findings, in accordance with Government Code Section 66020 for the
public improvements, are made as follows:
A. The design and improvements of 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 construction of public
improvements is needed as a result of the proposed development to protect the public
health, safety and welfare as identified below:
Onsite drainage and stormwater quality improvements;
Section 4: The City Council hereby approves DR 16-006, as shown on the approved
plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments, or costs,
including reasonable attorney's fees, collectively the "Claims" against the City or its
agents, officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this development
approval and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election, applicant
shall pay all of the costs related thereto, including without limitation reasonable attorney's
fees and costs. In the event of a disagreement between the City and applicant regarding
litigation issues, the City shall have the authority to control the litigation and make litigation -
related decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement unless such
settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be
required for claims resulting from the exclusive gross negligence or willful misconduct of
the City.
B. This approval is based on the existing site conditions represented on the site plan. If actual
conditions vary from representations, the site plan must be changed to reflect the actual
conditions. Any substantial changes to the approved site plan must be approved by the
Director of Development Services and may require approval of the City Council.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels.
D. Within 30 days of this approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
Prior to Grading Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. Submit a precise grading plan for the development prepared on a City of Poway
standard sheet at a scale of 1" = 20', unless otherwise approved by the City project
engineer. Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall be 100
Resolution No. P-18-16
Page 3
percent complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All materials as required by Chapter
16.48 of the PMC shall be submitted. All existing and proposed easements within
the project site shall be shown on the grading plans.
2. Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 100 -year storm event prepared by a
registered Civil Engineer is to be submitted and approved. The study shall evaluate
existing and proposed hydrologic and hydraulic conditions to the satisfaction of the
City project engineer.
3. Water Quality Control - Design and Construction
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Priority Development Project
and will be subject to all City and State requirements. A Final Storm Water Quality
Management Plan (SWAMP) prepared by a registered Civil Engineer is to be
submitted and approved. Additionally:
Provide two copies of an Operation & Maintenance (O&M) plan in accordance
with Chapter 16.104 of the PMC, and a signed PDF version.
b. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the O&M plan. The
operation and maintenance requirements shall be binding on the land throughout
the life of the project as outlined in Chapter 16.104 of the PMC.
Grading securities in the amount and form described in Chapter 16.46 of the PMC
shall be posted with the City prior to grading plan approval. This will include a
minimum cash security of $2,000 in all instances.
The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule. The current fee amount is $2,636.
Any private improvements within any publicly held easement or right-of-way may
require an encroachment agreement as determined necessary by the City Engineer.
All necessary encroachment agreements shall be approved and executed prior to
grading permit issuance.
Following approval of the grading plans, posting of securities and fees, and receipt
of five copies of the approved plans, the applicant shall attend a pre -construction
meeting at the Department of Development Services. The scheduling request shall
be submitted on a City standard form available from the City's project engineer.
8. Construction staking is to be installed and inspected by the Engineering Inspector
prior to any clearing, grubbing or grading. As applicable, provide two copies of a
written certification, signed and sealed in accordance with the Business and
Professions Code, by the engineer of record stating that all protected areas have
been staked in accordance with the approved plans.
Resolution No. P-18-16
Page 4
(Planning)
9. Landscape and irrigation plans shall be submitted prior to issuance of the Grading
Permit and approved prior to the issuance of the Building Permit. The project site
shall be landscaped and irrigated in compliance with the City of Poway Landscape
and Irrigation Design Manual, Chapter 17.41 PMC, and/or any other applicable
standards/policies in effect at the time of landscape and irrigation plan check
submittal. The landscape and irrigation plan submittal is separate from other project
plan check submittals and is made directly to the Planning Division.
10. Prior to removal of any trees, a Tree Removal Permit shall be obtained, and tree
replacements provided in compliance with PMC Chapter 12.32.
Prior to removal of trees during the recognized nesting season for raptors, a qualified
professional shall evaluate the subject trees for nests and report the findings in
writing to the City. Should a nest be located, removal of the tree shall be delayed
until such time as the nest(s) have been abandoned.
11. Pursuant to the recommendations in the Archeological Resources Survey Report,
prepared by Brian F. Smith and Associates, Inc. dated August 24, 2016, for the
subject property, no significant cultural resources were identified on-site. However,
due to the culturally sensitive location of the property, cultural resource monitoring
by a qualified archaeologist shall be provided during ground disturbing activities
associated with the project (including, but not limited to, proposed on-site excavation,
utility trenching, or construction of stormwater improvements). The purpose of the
monitoring is to ensure that if buried cultural materials are present, they will be
handled in a timely and proper manner.
a. Prior to issuance of a grading permit, the applicant shall provide written
verification that a certified archeological monitor has been retained to implement
the monitoring program. This verification shall be presented in a letter from the
project archeologist to the City of Poway — Planning Division.
b. The certified archeologist shall attend the pre -construction meeting with the
contractors to explain and coordinate the requirements of the monitoring
program.
c. During the original cutting of previously undisturbed deposits, the archeological
monitor shall be on-site as determined by the consulting archeologist to perform
periodic inspections of the excavations. The frequency of inspections will
depend upon the rate of excavation, the materials excavated, and the
abundance of artifacts and features.
d. Isolated and clearly non-significant deposits will be minimally documented in the
field, so the monitored grading can proceed.
e. In the event that previously unidentified cultural resources are discovered, the
archeologist shall have the authority to divert or temporarily halt ground
disturbance operations in the area of discovery to allow for the evaluation of
potentially significant cultural resources. If appropriate, a Native American
representative may be contacted to review any discovery associated with the
prehistoric occupation of this area. The archeologist shall contact the City of
Resolution No. P-18-16
Page 5
Poway at the time of discovery. The archeologist, in consultation with the City,
shall determine the significance of the discovered resources. The City must
concur with the evaluation before construction activities will be allowed to
resume in the affected area. For significant cultural resources, a Research
Design and Data Recovery Program to mitigate impacts shall be prepared by
the consulting archeologist and approved by the City before being carried out
using professional archeological methods. If any human bones are discovered,
the county coroner and lead agency shall be contacted. In the event the remains
are determined to be of Native American origin, the most likely descendant, as
identified by the Native American Heritage Commission, shall be contacted in
order to determine proper treatment and disposition of the remains.
Before construction activities are allowed to resume in the affected area, the
artifacts shall be recovered, and features recorded using professional
archeological methods for an adequate artifact sample for analysis. The
archaeological monitor(s) in consultation with the City shall determine the
amount of material to be recovered for adequate artifact sample for analysis.
g. All cultural material collected during the monitoring program shall be processed
and curated according to the current professional repository standards. The
collections and associated records shall be transferred, including title, to an
appropriate curation facility, to be accompanied by payment of the fees
necessary for permanent curation.
h. A report documenting the field and analysis results and interpreting the artifact
and research data within the research context shall be completed and submitted
to the satisfaction of the City prior to the issuance of any building permits. The
report shall include the required archeological forms, including but not limited to,
the Department of Parks and Recreation Primary and Archaeological Site
Forms.
F. Prior to Building Permit issuance, the applicant is required to comply with the following:
(Engineering)
1. The site shall be developed in accordance with the approved grading plans 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 shall be installed and maintained by the developer from October 1 to
April 30. The developer shall maintain all erosion control devices throughout their
intended life.
3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The
grading shall meet the approval of the Engineering Inspector and the project's
geotechnical engineer. Following completion of rough grading, please submit the
following:
a. Three copies of certification of line and grade for the lot, prepared by the engineer
of work.
Resolution No. P-18-16
Page 6
b. Three copies of a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
The certification and report are subject to review and approval by the City.
4. Prior to start of any work within a City -held easement or right-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.
5. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
(Planning)
6. Applicable school fees in effect at the time of Building Permit issuance shall be paid.
7. Exterior building materials and finishes shall be noted on the building plans and shall
be consistent with the color and material board on file with the City.
8. Clearly show on the building plan's site plan, a trash enclosure of an adequate
dimension to accommodate both trash and recycled materials.
9. A deed covenant agreeing that any future use of the building, including any medical
office use besides a dialysis clinic, must demonstrate sufficient on-site parking.
10. All business signage must comply with Chapter 17.40 of the PMC. Permanent wall
signs and the monument sign will be reviewed under a separate permit.
11. Exterior Lighting must comply with the following items:
a. All outdoor light fixtures, including but not limited to illuminated signage,
decorative building or landscape lighting, illuminated recreational facilities, and
parking lot lighting within commercial zones, shall be turned off between the hours
of 11:00 p.m. and sunrise, except when used for security purposes, illumination
of roadways, sidewalks, equipment yards and similar safety-related application,
or when business operating hours continue after 11:00 p.m., but only for as long
as such business is open.
b. Automatic timing devices shall be integrated into all new or modified lighting
systems to turn off lights at 11:00 p.m.
c. During the hours from 11:00 p.m. until dawn, all exterior lighting shall be low
pressure sodium, narrow spectrum amber low emitting diode (LED), or other
energy efficient light which does not exceed a correlated color temperature (CCT)
of 3,000 kelvin and 4,050 lumens.
d. All exterior lighting shall be scheduled so that light rays emitted by the fixture are
projected below the imaginary horizontal plane passing through the lowest point
of the fixture and in such a manner that the light is directed away from streets and
adjoining properties.
Resolution No. P-18-16
Page 7
Illuminators should be integrated with the architecture of the building and are
subject to approval by the Director of Development Services.
f. Freestanding light posts shall be no taller than 18 feet.
12. A reciprocal Parking and Access Agreement between the properties located at
12509 Poway Road (317-540-64) and 12511 Poway Road (317-540-63) shall be
established. It shall be submitted to the City for review and approval, to the
satisfaction of the Director of Development Services and the City Attorney. The
Agreement shall be recorded on the subject properties.
G. Prior to issuance of a Certificate of Occupancy, the applicant is required to comply with the
following:
The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A final
inspection from appropriate City departments will be required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve the project
shall be installed underground. No extension of overhead utilities shall be permitted.
3. The drainage facilities, driveway, slope planting measures, and all utility services
shall be installed, and completed by the property owner, and inspected by the
Engineering Inspector for approval. All new utility services shall be placed
underground.
4. An adequate drainage system around the new building pad capable of handling and
disposing all surface water shall be provided to the satisfaction of the Engineering
Inspector,
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this project.
6. Record drawings, signed by the engineer of work, shall be submitted to Development
Services prior to a request of occupancy, per Section 16.52.130 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. At least three weeks prior to a request for occupancy is
recommended. All other final reports and agreements, as outlined in Section
16.52.130 of the Grading Ordinance are to be approved.
(Planning)
7. Landscaping shall be installed per the approved landscape plans. If applicable, an
irrigation audit report shall be submitted, pursuant to Section 17.41.110 of the PMC.
H. The following requirements shall be completed to the satisfaction of the Director of Safety
Services:
The applicant is required to meet all applicable PMC and California State Fire and
Building Codes for this project. The applicant is encouraged to contact the Division
of Fire Prevention at (858) 668-4470 to set up a meeting to review project
Resolution No. P-18-16
Page 8
requirements prior to submitting building plans.
2. Prior to delivery of combustible building material on site, 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 construction activity has
been substantially completed to the satisfaction of the City.
3. Fire Department access for use of firefighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all times
until construction is completed. Access to each phase of development shall be to
the satisfaction of the City Engineer and City Fire Marshal.
4. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
5. The building 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 clearance. This 20 -foot
access width is the minimum required for Fire Department emergency access. In
most cases, City Engineering standards will be more restricting. The more restrictive
standard shall apply. The Fire Chief, pursuant to the City of Poway Municipal Code,
shall approve the road surface type.
6. The building shall be equipped with an approved fire sprinkler system according to
PMC requirements. The building sprinkler system shall be designed to meet
minimum design density at the roof per NFPA 13 requirements. The entire system
is to be monitored by a central monitoring company. The backflow prevention device
shall consist of an approved reduced -pressure detector backflow prevention
assembly (RPDA), valve assemblies with tamper switches that are monitored. The
City Fire Marshal shall locate these fire protection devices prior to installation.
Location of the required Fire Department Connection shall be located within 40 -feet
of a fire hydrant.
Two separate plan submittals to the fire department will be required, one for the fire
service underground and a second for the fire sprinkler system design. Plan review
and inspection fees are charged for each at the time of plan submittal.
8. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a
copy of the fire department's "Policies for Automatic Fire Sprinkler Systems".
9. A properly licensed contractor shall install an automatic fire alarm system to
approved standards. System shall be completely monitored by a UL listed central
station alarm company or proprietary remote station.
10. A metal sign with raised letters at least one -inch (25 mm) in size shall be mounted
on all fire department connections serving automatic sprinklers, standpipes or fire
pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or
STANDPIPES or TEST CONNECTION or a combination thereof as applicable.
Where the fire department connection does not serve the entire building, a sign shall
be provided indicating the portions of the building served.
Resolution No. P-18-16
Page 9
11. A'Knox' Security Key Box shall be required for the building at a location determined
by the City Fire Marshal.
12. The Building shall display the approved numbers and/or addresses in a location
plainly visible and legible from the street or roadway fronting the property from either
direction of approach. Said numbers shall contrast with their background and a
size between 18 -inches (minimum) and 24 -inches (maximum). Each 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.
13. A 2A1 OBC fire extinguisher(s) are required for office areas every 3,000 square feet
and 75 feet of travel distance.
Section 5: The approval of DR 16-006 shall expire on June 5, 2020, at 5:00 p.m.,
unless prior to that time a Building Permit has been issued and construction has commenced on
the property.
Section 6: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway California
at a regular meeting this 5th day of June 2018.
leve Vaus, Mayor
ATTEST:
Nancyp euf Id, CMC, City Clerk
Resolution No. P-18-16
Page 10
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California do hereby certify under penalty
of perjury that the foregoing Resolution No. P-18-16 was duly adopted by the City Council at a
meeting of said City Council held on the 5th day of June 2018, and that it was so adopted by the
following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ancy euf Id, C, City Clerk