Res P-04-85
RESOLUTION NO. P-04-85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 04-05 AND VARIANCE 04-10
ASSESSOR'S PARCEL NUMBERS 317-540-35 AND 36
WHEREAS, Development Review (DR) 04-05 and Variance (VAR) 04-10 were
submitted by Jerrold Hennes, Applicant, a request to allow the construction of an
orthodontic office on a commercial site. The request also includes a Variance to allow a
portion of the new parking spaces to observe a minimum 15;;, -foot setback where a 20-foot
setback is required for parking spaces in this zone. The subject property is located in the
Commercial Business (CB) zone and the Residential Apartment (RA) zone, and;
WHEREAS, on October 26, 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 Powayas
follows:
Section 1: The proposed project is Exempt as Class 32 and Class 5 Categorical
Exemptions from the California Environmental Quality Act (CEQA), pursuant to Sections
15332 and 15305 of the CEQA Guidelines, in that the project is considered to be an in-fill
development as defined in the CEQA Guidelines and the project involves a minor alteration
in land use limitations.
Section 2: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
for DR 04-05 are made as follows:
A. The project is consistent with the Poway General Plan in that the project involves
the construction of an orthodontist office building, which is a consistent use within
the Commercial Business General Plan land use designation.
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the development of the project is in full compliance with
all City development standards.
C. That the project is in compliance with the Zoning Ordinance in that the project
complies with all City development standards of the CB zone, including those
relating to building setbacks, building heights, lot coverage, and parking.
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City, as the adjacent properties along Pomerado
Road consist of similar and compatible office uses,
Resolution No. P-04-85
Page 2
Section 3: The findings, pursuant to Government Code Section 66020, for the public
improvements for DR 04-05 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 this project. The payment
of fees toward public improvements 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 drainage, sewer, and traffic mitigation fees,
which are assessed on a pro-rata basis, to finance and provide public
infrastructure improvements to promote a safe and healthy environment for
the residents of the City.
Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve VAR 04-10 to allow a 15%-foot street side setback rather than the
required 20-foot setback, are made as follows:
A. That there are special circumstances applicable 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 circumstances include the fact that the subject property is small and
irregularly shaped, and has increased setback requirements because it is adjacent
to two streets; and,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity and
not afforded to the property for which the Variance is sought because the
developable area of the lot is minimal because of the shape of the property, it is
constrained by the lack of developable space and adjoining developed commercial
uses to the north; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the reduced parking setback will still allow a
15Y:z-foot landscape buffer that will shield the parking spaces from public view; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
the existing commercial use to the south does not meet current standards since the
parking observes a closer setback than the required 20 feet from property line; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the CB zone because medical offices are a permitted use in this zone,
with the approval of Development Review application; and
Resolution No. P-04-85
Page 3
F. That the proposed Variance will be compatible with the City's General Plan because
the use is permitted and does not result in a density increase.
Section 5: The City Council hereby approves DR 04-05 and V AR 04-10 to allow for the
construction of a 3, 186-square-foot orthodontic office and a Variance to allow a portion of
the new parking spaces to observe a minimum 15- Yo foot setback where a 20-foot setback
is required for parking spaces in this zone. The property is located at 12416 Oak Knoll
Road in the Commercial Business (CB) zone and Residential Apartment (RA) zone, as
shown on the site plan dated August 10, 2004, and is subject to the following conditions:
A. Approval of this Development Review and Variance 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 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.
C. The use 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 DR 04-05 and V AR 04-10 shall remain in effect for the life of the
subject building, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. The applicant shall obtain a Grading Permit. Prior to issuance of the Grading
Permit, unless other timing is indicated, the applicant/developer shall complete the
following:
(Engineering)
1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, Storm Water Pollution Prevention 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, City Storm Water
Management and Discharge Control Ordinance, and Standard Urban
Storm Water Mitigation Plan,
b. Paving of the parking lot shall conform to the standards set forth in
Section 12.20.080 of the Poway Municipal Code.
Resolution No. P-04-85
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c, 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.
d. 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.
e. The Storm Water Management Plan shall be prepared. The plan
shall identify the measures that will be used for storm water and non-
storm water management during the permitted activity.
2. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
3. The applicant/developer shall pay the following fees and grading securities:
a. Grading Permit, plan checking, inspection, Right-of-Way Permit (if
needed), 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.
4. City approval of soils report and grading plans.
5. 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.
F. Prior to construction of public improvements, unless other timing is indicated, the
applicant/developer shall complete the fOllowing:
1. Submittal to the City for review and approval of improvement plans to the
Development Services Department for approval of the fOllowing
improvements:
Resolution No. P-04-85
Page 5
a, Oak Knoll Road, along the project's frontage, shall be
widened/improved to provide a half-roadway width of 24 feet (for a
proposed total roadway width of 48 feet, curb to curb dimension).
Said improvement shall include, but not limited to, street paving for
widening the street's northerly half-roadway width, construction of
concrete curb, gutter, and 5-foot-wide sidewalk, removal of existing
curb inlet and reconstruction of new curb inlet to fit in the street
widening, removal and reconstruction of curb return from Oak Knoll
Road to its transition on the easterly curb of Pomerado Road, street
striping and signage.
b. 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, and the current San Diego
Regional Standard Drawings.
c. 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.
d. The locations and sizes of all utility boxes and vaults within street
rights-of-way shall be shown on the improvement plans. Screening
shall be required as determined by the Director of Development
Services,
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
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.
Resolution No. P-04-85
Page 6
3, A Right-of-Way Permit shall be obtained from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
4. 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.
5. The applicant/developer shall cause the dedication of the following
easements to the City:
a. A minimum 4-foot-wide easement for street right-of-way for the street
widening improvement to Oak Knoll Road.
A processing fee shall be paid to the City at first submittal of the easement
document for review.
6. Recordation of the easements 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.
G. The applicant shall obtain a Building Permit prior to construction of the orthodontist
building. Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated August 10, 2004) and the
conditions contained herein.
Resolution No. P-04-85
Page 7
(Engineering)
3. Completion of and approval by the City of rough grading of the project site.
4. City approval of soils compaction report.
5. City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City-approved designee.
6. 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.
Water base capacity fee (if new and/or additional water meter is to be
installed)
For 1" meter
For 1 %" meter
Other meter sizes
= $ 6,678.00 per meter
= $10,388.00 per meter
= Contact Engineering Division
Water meter fee (if new and/or additional water meter is to be installed)
For 1" meter = $ 270.00 per meter
For 1 W meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge (if new and/or additional water meter is to be
installed) - 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%" meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = $9,424,00.00'
. [(24/4) - 2] x $2356 = $9,424.00
where:
24 = no. of fixture units (as provided by T-Squared
Professional Engineers, Inc.)
4 = no. of fixture units per one sewer EDU
(Equivalent Dwelling Unit)
2 = no. of sewer EDU credits for two existing multi-
family units on site.
$2,356.00 = sewer connection cost per one sewer
EDU
Resolution No. P-04-85
Page 8
Sewer cleanout fee
= $50.00 per cleanout (if new lateral is
installed)
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic mitigation fee
= $3,675.21**
**[(3,186 SF/1 ,000) x 90 x $66 x 0.25] -(2 x 8 x $66) = $3,675.21
where: 3,186 SF = building area of new project
90 = Average daily trips (ADT) generated by a
dental office
$66 = unit cost per ADT
0.25 = reduction in fee for commercial projects
2 = number of existing multi-family units on site
8 = ADT for multi-family units
Drainage fee = None
Park fee = None
(Planning)
7. The maximum height of the proposed river rock element shall be 3 feet from
grade.
8. Siding shall be added to the north elevation to the satisfaction of the Director
of Development Services.
9. All roof appurtenances for the new building, including air conditioners, shall
be architecturally integrated, screened from view, and sound buffered from
adjacent properties and streets. The building plans shall reflect roof-
screening details.
10. Landscaping shall be in accordance with the requirements of the City of
Poway Guide to Landscape Requirements. All newly manufactured slopes
shall be provided with ground cover, shrubs, trees, and permanent irrigation
in accordance with these standards. 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.
11. All parking lot landscaping planters shall include a minimum of one 15-
gallon-size tree for every three spaces. For parking lot islands, a minimum
12-inch-wide walk adjacent to parking stalls shall be provided and be
Resolution No. P-04-85
Page 9
separated from vehicular areas by a six-inch-high, six-inch-wide Portland
cement concrete curb.
12. Trees shall be installed an average of 30 feet on center in the landscape
areas on Pomerado Road and Oak Knoll Road, The applicant shall reduce
the amount of grass proposed in the landscape areas on Pomerado Road
and Oak Knoll Road, and include different ground covers and shrubs, perthe
City of Poway Guide to Landscape Requirements.
13, All parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design
shall comply with the Americans with Disabilities Act for accessible spaces,
with one van-accessible space. Building plans shall indicate areas of re-
striping and signage for handicap spaces.
14. The trash enclosure shall be provided with gates consistent with City
standards for trash enclosures. The building plans shall indicate the location
of the trash enclosure and gate details.
15. The building plans shall depict the specific exterior building colors and
materials consistent with the project plans dated August 10, 2004, and
project materials sample board.
16. 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, extension 2089.
H. The applicant shall comply with the following fire safety requirements to the
satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Sections1503 and 1504,
and City of Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. The building shall display its 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's Dept. -ASTREA criteria.
3. 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 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus having a
Resolution No. P-04-85
Page 10
minimum of 13'6" of vertical clearance. The City Engineer, pursuant to the
City of Poway Municipal Code, shall approve the road surface type.
4. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
5. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
6. A minimum 3A40BC fire extinguisher is required for every 3,000 square feet
of the building and 75 feet of travel distance.
7, If medical gases are planned for use in this building, they shall be installed to
meet requirements of Uniform Fire Code Article 74 - Compressed Gases.
8. An electric-powered gate across the access way to the parking lot shall have
a Knox override key switch that shall be ordered through the Poway Fire
Department.
I. Prior to approval for occupancy and release of securities, unless other timing is
indicated, the following conditions shall be satisfied:
(Engineering)
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. A maintenance mechanism agreement for maintenance of all structural
BMPs (Best Management Practices), satisfactory to the Director of
Development services, shall be prepared and subsequently recorded.
4. Dedication to the City for additional easement for public street right-of-way.
5. Posting of a warranty bond for the constructed public improvements. The
City, however, reserves the right to waive this requirement under appropriate
circumstances.
6. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
7. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
Resolution No. P-04-85
Page 11
8. 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.
(Public Works)
9. A backflow device shall be installed on the water meter.
(Planning)
10. All proposed utilities within the project site shall be installed underground.
J. Upon establishment of the orthodontist building, pursuantto DR 04-05 and VAR 04-
10, the following shall apply:
1. Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance.
2. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this approval.
3. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining residential
development.
4. All landscaping, including areas within the adjacent public right-of-way, shall
be adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway Guide
to Landscape Requirements. 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. Trees should be trimmed or
pruned as needed to develop strong and healthy trunk and branch systems.
Tree maintenance and pruning shall be in accordance with "American
National Standard for Tree Care Operations", latest edition (ANSI A300).
Trees shall not be topped and pruning shall not remove more than 25% of
the trees' leaf surface.
5. The parking areas and driveways shall be well maintained.
Section 6: The approval of DR 04-05 and V AR 04-10 shall expire on October 26, 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 DR approval has commenced prior to its expiration.
Resolution No. P-04-85
Page 12
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 26th day of October 2004,
r
ATTEST:
~b.l'I..~D LOuJ..))lIl 0 P
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk ofthe City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04- 85 , was duly adopted
by the City Council at a meeting of said City Council held on the 26th day of October 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLD BY . HIGGINS.)N, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~L~
Sherrie D. Worrell, Deputy City Clerk
City of Poway