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Res P-05-23 RESOLUTION NO. P-05-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW (DR) 05-03 ASSESSOR'S PARCEL NUMBERS: 314-202-23,24 and 25 WHEREAS, DR 05-03, submitted by the City of Poway, Applicant: A request to construct a 6,124-square-foot Train Depot, located on the northwest corner of Midland Road and Temple Street, within the Old Poway Master Plan and Old Poway Specific Plan area, in the Open Space-Recreation zone; and WHEREAS, on April 5, 2005, 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: A Mitigated Negative Declaration (MND) was issued on October 12, 2004, with the approval of General Plan Amendment 04-01/Zone Change 04-01, that reduced the right-of-way width of Midland Road through the Old Poway area, re-designated the subject properties from Commercial General (CG) to Open Space-Recreation (OS-R), and amended CUP 89-10M(5) to incorporate the subject parcels into the Old Poway Park. Mitigation Measures were required to address transportation issues. The aforementioned applications implemented the Old Poway Park Master Plan that designated the location and configuration of the three proposed buildings. The land uses associated with the three buildings are permitted uses in the OS-R zone and within the scope of the prior environmental document. All three sites have been previously disturbed and contain no vegetation or cultural resources. Pursuant to Section 15162 of the California Environmental Quality Act since the scope of the project, environmental setting, and mitigation measures have not changed from the original MND, no additional environmental review is required. Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 05-03 are made as follows: A. The project is consistent with the Old Poway Master Plan and Old Poway Specific Plan in that it involves the construction a Train Depot as proposed by the Old Poway Master Plan and has been designed to comply with the development standards for the Old Poway Specific Plan. B. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements, grading, and buildings are in compliance with all City development standards. Resolution No. P-05-23 Page 2 C. The project is in compliance with the Zoning and Grading Ordinances in that the project complies with all City development standards of the Old Poway Specific Plan, including those relating to building setbacks, building heights, lot coverage, and all City grading requirements. D. The development encourages the orderly and harmonious appearance of structures and property within the City as the proposed structure is consistent with and complementary to surrounding historic properties. Section 3: The findings, pursuant to Government Code Section 66020 for the public improvements for DR 05-03, are to be 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. As the City will be constructing the structures, the City will provide the necessary public improvements to promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves DR 05-03 to construct a 6, 124-square-foot Train Depot, located on the northwest corner of Midland Road and Temple Street, within the Old Poway Master Plan and Old Poway Specific Plan area, in the Open Space- Recreation zone as shown on the building elevation plans dated December 8, 2004, subject to the following conditions: A. Approval of DR 05-03 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. The conditions of DR 05-03 shall remain in effect for the life of the subject structures and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. C. Prior to Grading Permit issuance, the applicant shall comply with the following: 1. The approval of precise grading plans, erosion control plan, Storm Water Pollution Prevention Plan (SWPPP), Grading Permit application, and geotechnical report/s to the Engineering Division of Development Services Department as deemed necessary by the City. D. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 2. The design should incorporate additional color schemes. Resolution No. P-05-23 Page 3 3. 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 Electrical/Building Permit issuance. 4. All existing overhead utilities shall be undergrounded. 5. Submit landscape and irrigation plans to the Planning Division for review and approval. A landscape plan check review fee is required at the time of initial submittal of the plans. The plans shall be prepared pursuant to the City of Poway Guide to Landscape Requirements. 6. The proposed multiple dormers shall be removed or hip roofs added. E. The following improvements shall be constructed to the satisfaction of the City Fire Marshal: 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. Dead-end fire apparatus access roadways in excess of 150 feet shall be provided with approved provisions for the turning around of emergency apparatus as follows: 20-foot minimum width and either a 70-foot-diameter cul-de-sac or 72-foot hammerhead. Curves and topographical conditions could increase the requirements for turnarounds and the width of access ways. 3. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system(s) shall be provided as required and approved by the Division Chief. 4. Fire hydrants shall be required within 350 feet of each residence and installed at locations to be determined by the Fire Marshal. A water analysis shall be required to establish the adequacy of the existing water main and all necessary water main extensions to serve the project. Cost of analysis shall be paid by the applicant/developer prior to submittal of improvement plans. Installation of fire hydrant/s shall be completed at a time designated by the Fire Marshal. 5. Prior to delivery of combustible building materials on-site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Resolution No. P-05-23 Page 4 F. Prior to the City's approval for occupancy, unless other timing is indicated, the following conditions shall be satisfied: 1. 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 the appropriate City Departments will be required. Section 6: The approval of DR 05-03 shall expire on April 5, 2007, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and construction on the property has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 5th day of April 2005. Michael P. Cafagn , ATTEST: i:t.~~~ Resolution No. P-05-23 Page 5 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-05-23, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of April 2005, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: BOYACK eX L Diane Shea, City Clerk City of Poway