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Res P-05-38 RESOLUTION NO. P-05-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW (DR) 05-06 AND VARIANCE (V AR) 05-01. ASSESSOR'S PARCEL NUMBER: 317-101-26 WHEREAS, DR 05-06 and VAR 05-01, submitted by the Poway Redevelopment Agency and Community Housing Works, Co-Applicants involves a request for approval to construct an approximate 2,1 OO-square-foot office building and a variance to allow a portion of the building to encroach up to 3 feet into the required front yard setback at the southwest corner of Community Road and Hilleary Place in the Commercial Office (CO) zone; and WHEREAS, on May 17, 2005 and May 31,2005, 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: The City Council has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 05-06 are made as follows: A. The project is consistent with the Poway General Plan in that it involves the construction of an office building in the Commercial Office zone, and with the approval of V AR 05-01 , will comply with all City development standards. B. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements and grading are in full compliance with the Poway Municipal Code. C. That the project is in compliance with the Zoning and Grading Ordinances in that the project, with approval of VAR 05-01 for the minor encroachment into the required front yard setback area, complies with the development standards. Resolution No. P-05-38 Page 2 D. That the development encourages the orderly and harmonious appearance of structures and property within the City as the surrounding properties consist of a mix of residential and commercial land uses. Section 3: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 05-01 to allow a 3-foot encroachment into the required 20-foot front yard 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 in that the subject site is an unusually shaped lot; 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 Variance will allow the development to achieve a building lot coverage percentage similar to other CO designated properties; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed encroachment is only 3 feet into the required 20 feet setback and for 5 lineal foot on the building; 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; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zone because the proposed building is an office in a Commercial Office zone; and F. That the proposed Variance will be compatible with the City's General Plan because the use is permitted in the zone. Section 4: The findings, pursuant to Government Code Section 66020 for the public improvements for DR 05-06, 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. 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, park 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. Resolution No. P-05-38 Page 3 Section 5: The City Council hereby approves DR 05-06 and Variance 05-01, subject to the following conditions: A. Approval of DR 05-06 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 conditions of DR 05-06 shall remain in effect for the life of the subject residences 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, the applicant shall comply with the following: (Engineering) 1. A grading plan for the development of the lot, prepared on a City of Poway standard mylar sheet at a scale of 1 "=20'. shall be submitted along with a Grading Permit application and the 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. As a minimum, the grading plan shall show the following: a. Tops and toes of graded slopes shall be shown with a minimum five- foot setback from open space areas and property lines. The office shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and lor Engineering Division prior to issuance of the Grading Permit. b. Proposed driveway access in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, including the minimum structural section together with its elevations and grades. The driveway approach shall comply with the Regional Standard Drawings. c. A separate erosion prevention and sediment control plan for construction activities. This plan shall provide for an on-site desilting basin with a volume based on 3,600 cubic feet per tributary acre drained. d. Locations of all water and sewer improvements (existing and new). Easements shall be recorded before the issuance of a Certificate of Occupancy. No encroachments are permitted upon any easement, unless otherwise authorized by the City. Resolution No. P-05-38 Page 4 e. All new slopes shall have a maximum 2 to 1 ratio (horizontal to vertical). f. All easements shall be superimposed on plans and any new easements required by the City shall be dedicated to the City of Poway. Retaining walls other than those approved in the San Diego County Regional Standard Drawings require submittal of design calculations. 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 drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. 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. Large concentrated flows over the driveway, and into the street shall be avoided. 2. The Grading Permit application shall include plans and specifications that demonstrate the project's compliance with the City's Standard Urban Storm Water Mitigation Plan Ordinance. 3. The applicable engineering plan checking, permit, and inspection fees will be paid through DR 05-06. 4. Grading securities will be posted through DR 05-06. 5. The Notice of Intent of coverage under the state wide General Permit issued by the State Regional Water Quality Control Board will be secured through DR 05-06. 6. A Storm Water Pollution Prevention Plan (SWPPP) will be included for the project represented by DR 05-06. 7. The water system analysis and corresponding fee will be included in the DR 05-06 project. 8. Improvement plans for the onsite public waterline, fire hydrants, and private sewer main shall be submitted for review to the Engineering Division prior to issuance of the Grading Permit. 9. This project shall be included in the DR 05-06 preconstruction meeting, and all preconstruction items shall apply. Resolution No. P-05-38 Page 5 10. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. A written certification from the engineer of work or a licensed surveyor shall be provided to the Engineering Inspector stating that all protected areas are staked in accordance with the approved project plans. 11. The applicant shall implement Best Management Practices during construction, such as erosion and sediment control, and the diversion of water to desiltation basins, to the satisfaction of the City Engineer. (Planning) 12. Prior to the removal of any Eucalyptus tree on-site during the recognized nesting season for raptors, a qualified professional shall evaluate the subject tree(s) for a raptor nest(s) and report the findings in writing to the City. Should a nest(s) be located, the tree removal shall be delayed until such time as the nest(s) have been abandoned. 13. Submit landscape and irrigation plans to the Planning Division for review. Approval of the plan is required prior to the issuance of a Building Permit. 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. Two separate sets on landscape plans forthe project site and one for the landscape within the LMD area. Street trees shall be provided in accordance with requirements listed in the City of Poway Guide to Landscape Requirements. Any existing or new utility boxes along Community Road and or Hilleary Place will be screened with landscaping. E. 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 site 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, City Storm Water Management and Discharge Control Ordinance, and grading practices acceptable to the City. (Engineering) 2. Erosion control, including but not limited to desiltation basins, shall be installed and maintained throughout construction of the project. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. Resolution No. P-05-38 Page 6 3. Applicant/developer shall comply with the following items. Compliance shall be made through the Engineering Division of the City's Development Services Department: a. Submittal and approval of soils and compaction report. b. Submittal and approval of a certification of line and grade. The project's civil engineer shall prepare the certification. 4. Prior to start of any work within City-held easements or right-of-ways, 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. Prior to delivery of combustible building materials, construction of the on-site water lines and fire hydrants, as required by the Fire Marshall shall be completed. 6. The following development fees shall be paid to the Engineering Services Department prior to Building Permit issuance. These fees are currently in effect and are subject to change. A minimum of two water meters shall be installed for the project, i.e., one potable meter and one reclaimed meter. Water base capacity fee (Resolution No. 91-123) For 1" meter For 1 Y, " meter Other meter sizes = $ 3,206.00 per meter = $10,388.00 per meter = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 1" meter For 1 y," meter Other meter sizes = $ 270.00 per meter = $ 600.00 per meter = 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 For 1 y," meter Other meter sizes = $3,938.00 per meter = $7,383.00 per meter = Contact Engineering Division Resolution No. P-05-38 Page 7 Sewer connection fee = $2,356.00 Sewer c1eanout fee = $50.00 per c1eanout Sewer c1eanout inspection fee = $25.00 per cleanout Traffic mitigation fee = $660.00' . $66/Trip X 40 Trips X 0.25 = $660 Drainage fee = $1200.00 Park fee = None 8. The applicant shall work with the Department of Public Works to have the project site annexed into the LMD. (Planning) 9. Trash enclosures shall be architecturally integrated with the project's architectural design concept and provided with an architectural cover as a stormwater quality Best Management Practice (BMP). 10. Signs are not a part of this approval and require separate review, approval, and permits. 11. An eight-foot-high solid masonry wall shall be installed along the property line separating the commercial office project and the residential project. The wall shall be constructed of decorative materials (decorative block or stuccoed and painted to match the building architecture) and shall provide decorative pilasters and a decorative wall cap. Wall materials and a final wall elevation shall be submitted for review and approval prior to the issuance of a building permit. 12. A detailed site lighting plan (which is a separate item from the Building plancheck submittal) shall be submitted for the review and approval of the Director of Development Services. The plan shall show all project lighting and generalized specifications/notes that comply with the following: a. All outdoor lighting fixtures including, but not limited to, illuminated signage, decorative building or landscape lighting, and parking lot lighting shall be turned off between the hours of 11 :00 p.m. and sunrise, except when used for security purposes, or when business operating hours continue after 11 :00 p.m. but only for as long as such business is open. Automatic timing devices shall be integrated into all new or modified lighting systems to turn off at 11 :00 p.m. Resolution No. P-05-38 Page 8 b. All lighting used in the parking lot shall be low-pressure sodium. c. All exterior lighting shall be designed so that light emitted from the fixtures is directed away from adjoining properties. d. Lighting fixtures shall be designed to integrate with the project's architectural design concept. e. Freestanding lamp posts shall be no taller than 18 feet. f. The intensity of light at the boundary of the housing project site shall not create glare or otherwise shine onto nearby residential properties. F. The following improvements shall be constructed to the satisfaction of the City Fire Marshal: 1. Roof covering shall be fire retardant as per UBC Section 1503, 1504 and City of Poway Ordinance No. 64. 2. The building 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. 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 minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 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. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. G. Prior to the City's approval for occupancy and release of securities, unless other timing is indicated, the following conditions shall be satisfied: Resolution No. P-05-38 Page 9 (Engineering) 1. The applicant/developer shall dedicate a water line easement to the City, a minimum of 20.00 feet wide for each new public water line constructed other than within the street right-of-way. 2. Construction of driveways, street improvements, drainage facilities, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector. Construction of public improvements shall be completed. 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. The private sewer main shall be designed with a minimum cleansing velocity of 2-ft. per second. 3. All new and existing electrical/communication/CATV utilities within the boundaries of the project shall be installed underground. 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. 4. The applicant/developer shall execute an Encroachment Removal Agreement (also referred to as Encroachment Permit) with the City for any private improvements placed within public street right-of-ways or City-held easements. 5. The applicant/developer shall provide for a drainage system capable of handling and disposing of all surface water originating within the project site and all surface water that may flow onto the project site from adjacent lands. Said drainage system shall include any easements and structures required by the Director of Development Services or City Engineer to properly handle the drainage and shall be designed so as to prevent ponding of surface water that would create a public hazard or nuisance. 6. A warranty bond shall be posted after completion of all public improvements required to be constructed with this project. 7. A maintenance agreement recorded for DR 05-06 shall also be recorded for this project. 8. Record drawings, 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. Resolution No. P- Page 10 Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. Section 6: The approval of DR 05-06 and Variance 05-01 shall expire on May 31,2007, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued in reliance on the Development Review Permit and has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 31 st day of May 2005. ATTEST: ~/ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. P-05-38, was duly adopted by the City Council at a meeting of said City Council held on the 31st day of May 2005, and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, REXFORD, HIGGINSON, CAFANGA NONE ABSENT: NONE DISQUALIFIED: NONE ~~ L. Diane Shea, City Clerk City of Poway Resolution No. P-05-38 Page 11 EXHIBIT A MITIGATION MONITORING PROGRAM Community Road Housing and Office Project General Plan Amendment 05-01, Zone Change 05-01, Specific Plan 05-01, Development Review 05-05, Development Review 05-06, and Variance 05-01 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitorinQ prOQram for the chanQes which it has adopted or made a condition of proiect approval in order to mitiQate or avoid significant effects on the environment. The reporting or monitorinQ program shall be desiQnated to ensure compliance durinQ proiect implementation." This MitiQation MonitorinQ ProQram has been prepared in accordance with Section 21081.6 ofthe Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor. shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to proiect construction, will be addressed on a case-by-case basis and may be subiect to penalties accordinQ to the City of Poway Municipal Code. When phasinQ of development has been established. it may be necessary for this MonitorinQ ProQram to be amended, with City approval. Topic Biology Hazardous Materials Noise Mitigation Measure Prior to the removal of any Eucalyptus tree on- site during the recognized nesting season for raptors, a qualified professional shall evaluate the subjecttree( s) for a raptor nest( s) and report the findings in writing to the City. Should a nest(s) be located, the tree removal shall be delayed until such time as the nest(s) have been abandoned. Prior to the issuance of a Grading Permit, the applicant shall mitigate for the impacts to 1.38 acres of non-native grasslands at the ratio 1 :1. Mitigation shall be satisfied by payment of an in- lieu fee. Resolution No. P-05-38 Page 12 TiminQ Prior to the removal of any tree. Responsibilitv Applicant Prior to issuance Applicant of Grading Permit The applicant shall implement Best Management During Practices during construction, such as erosion construction and sediment control, and the diversion of water to des illation basins, to the satisfaction of the City Engineer. Prior to the issuance of a Grading Permit, the applicant shall submit documentation that the project has complied with all San Diego County Department of Environmental Health regulations, to the satisfaction of the Director of Development Services. Prior to the issuance of a Building Permit, the applicant shall submit a study prepared by a qualified professional which assesses interior noise, pursuant to City standards, for those units which face the street and identifies mitigation measures if necessary. Any noise mitigation measures shall be incorporated into the building plans for those units prior to the issuance of a Building Permit Prior to the issuance of a Grading Permit Applicant Applicant Prior to issuance Applicant of a Building Permit