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