Res P-19-16 RESOLUTION NO. P-19-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
19-005 AND DEVELOPMENT REVIEW 19-004 FOR A MIXED-
USE DEVELOPMENT PROJECT WITHIN THE POWAY ROAD
SPECIFIC PLAN, TOWN CENTER DISTRICT ASSESSOR
PARCEL NUMBERS: 317-101-06, 317-472-01, 317-472-06, 317-
472-18, 317-472-19, 317-472-20, 317-472-23, 317-472-24, 317-
472-25, 317-472-26 and 317-472-12
WHEREAS, the City Council considered Tentative Tract Map (TTM) 19-005 and
Development Review (DR) 19-004; a proposed mixed-use development project ("Project")
including the construction and operation of 97 market-rate condominiums, 44 senior-affordable
apartments and approximately 584 square feet of commercial space on the north and south sides
of Poway Road, west of Tarascan Drive and Civic Center Drive, grading and site preparation for
two future commercial lots and the improvement of a City-owned property on the southeast corner
of Poway Road and Civic Center Drive within the Town Center (TC) District of the Poway Road
Specific Plan (PRSP) with related site and public street improvements;
WHEREAS, on March 19, 2019, (i) the City Council approved (after a duly noticed public
hearing) the Purchase, Sale and Development Agreement between the City of Poway ("City") and
Poway Commons, LLC ("Developer"), and the Property Exchange Implementation Agreement
between the City and the Poway Housing Authority ("Housing Authority"), and (ii) the Housing
Authority approved the Affordable Housing and Property Disposition Agreement and the Property
Exchange Implementation Agreement between the Poway Housing Authority and Poway
Commons, LLC (The four agreements combined are referenced herein as the "Poway Commons
Agreement");
WHEREAS, on December 17, 2019, the City Council held a duly advertised public hearing
to receive testimony from the public, both for and against, relative to TTM19-005 and DR19-004;
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments and technical reports, and has considered all other evidence
presented at the public hearing;
WHEREAS, the approved development plans are incorporated herein by reference as
"Exhibit A", also known as Attachment C to the December 17, 2019 Agenda Report on file with
the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the PRSP, and was certified by
the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential
impacts of the proposed buildout of the PRSP area in the manner permitted by the Specific Plan.
The City Council finds, in its independent judgement, that this Project is consistent with the PRSP
and conforms with the requirements, development standards and guidelines therein, and,
therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required
because all of the project's impacts have already been analyzed in, and are fully covered by the
Resolution No. P-19-16
Page 2
previously certified EIR. The City Council further finds, in its independent judgement, that the
project does not result in any significant changes that would allow subsequent or supplemental
environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines
sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These
findings are based on substantial evidence in the administrative record of proceedings, which
includes but is not limited to the following:
A. The PRSP EIR, appendices, documents incorporated by reference therein, transcripts of
public meetings, and other related documents.
B. The October 29, 2019 traffic impact analysis ("TIA") prepared by Urban Systems
Associates for the Project, which shows that it will result in 2,833 average daily trips
(ADTs), 191 a.m. peak hour trips, and 246 p.m. peak hour trips, which is consistent with
the traffic levels that the PRSP EIR assumed would be generated by the development of
the Project site pursuant to the PRSP.
C. The October 24, 2019 biological report prepared by Helix Environmental Planning that
confirms, consistent with the PRSP EIR, that no impacts on biological resources not
already analyzed in the PRSP EIR will result on the previously disturbed Project site,which
will be less than significant following the implementation of applicable PRSP EIR mitigation
measures, as set forth in the Project's conditions of approval.
D. The September 13, 2019 Limited Phase Il Environmental Assessment prepared by SCS
Engineers for the Project, concludes that soil samples taken from the site are below levels
that would pose health risks and further reduced with implementation of a soil
management plan as set forth in the Project's conditions of approval.
E. The October 2019 Historical Resource Evaluation Report prepared by IS Architecture
prepared for the Project, found that all existing buildings on the Project's site are ineligible
for designation as a historic resource per local, state and national criteria.
SECTION 2: The City Council finds that the proposed Project is consistent with the
PRSP generally, including the TC District designation, and further, the proposed Project qualifies
for Tier 2 height bonuses (Table 3-4) because the Project includes lot consolidations as that term
is used in the PRSP. Therefore, the City Council finds that the proposed Project will result in the
following:
A. Creation of a distinct and vibrant.Town Center with a mix of commercial and residential
uses.
B. Redevelopment of an infill site that will create a mix of compatible and complementary
uses.
C. Development of a unique mix of housing types including apartments, condominium flats
and townhome units that are located in proximity to civic, retail and commercial service
uses.
D. The PRSP requires approximately 297 total parking spaces for the entire Project. The
Project proposes 194 garaged spaces, 89 on-site uncovered parking spaces for a total of
283 parking spaces and results in a parking deficit of 14 spaces or approximately five
percent of the requirement. However, since the 20 excess parking spaces for the senior-
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Page 3
affordable apartments cannot be jointly used by the market-rate condominiums, the
parking deficit for the market-rate condominiums south of Poway Road is 34 spaces or
11.4 percent of the requirement. Per the PRSP, off-site parking may be permitted on
either a privately-owned property or public property dedicated exclusively for public
parking purposes if the parking facility is located within 1,000 feet from the applicable use
and staff has identified excess non-overnight parking at the library and Community Park.
Staff has also identified excess parking on the nearby public streets. The Director of
Development Services can make findings for any reduction in the parking requirement in
the TC District since the goal of the District is pedestrian orientation. The Director of
Development Services hereby reduces the minimum parking standards by 11.4 percent
to further incentivize pedestrian-oriented development in accordance with the TC
Allowance (PRSP p. 3-47) based on the following findings:
1. The Project provides exemplary design and directly implements objectives of the
PRSP;
2. The Project provides transportation demand measures that reduce vehicle trips
including: a) provides opportunities to live, work and play within the immediate
vicinity, b) provides access to adjacent bus-stops with new shelter improvements,
c) provides pedestrian connectivity to surrounding land uses, c) creates a
neighborhood park and commercial mixed use opportunities, and d) provides
public and private bicycle racks;
3. A visual survey conducted by staff demonstrates that there's excess day parking
opportunities at the adjacent Community Park and library and sufficient overnight
parking on the adjacent streets;
4. Within the Town Center district, the first 750 square feet of gross commercial floor
area in a mixed-use development is exempt from providing off-street parking; and
5. The Project is adjacent to day-parking at the library and Community Park and
nearby on-street parking.
SECTION 3: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM19-005, are made as follows:
A. The TTM is consistent with the General Plan, in that it proposes to create residential lots
at a density consistent with the General Plan and Poway Municipal Code (PMC).
B. The design and improvements required of the TTM are consistent with the General Plan,
in that the approved lot sizes and configurations adhere to the development standards of
the General Plan and PMC.
C. The site is physically suitable for the type of development and the density proposed, in
that the site is large enough to accommodate the proposed density and is compatible and
in character with development in the vicinity.
D. The design of the TTM is not likely to cause substantial environmental damage and
avoidable injury to humans and wildlife or their habitat, in that the proposed Project will be
developed in accordance with City and other governmental agency requirements and
mitigation measures will be incorporated pursuant to the PRSP EIR.
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E. The approval of the TTM is not likely to cause serious public health problems in that City
water and sewer service will be provided to the Project.
F. The design of the TTM will not conflict with any easement acquired by the public at large,
now on record, for access through or use of the property within the subdivision in that the
ultimate development of the site with residences can be accommodated without
obstructing or otherwise impacting existing easements.
SECTION 4: The findings for DR19-004, in accordance with the PMC 17.52.010
Purpose of Development Review, are made as follows:
A. The Project has been designed to be architecturally compatible with surrounding
development and conforms to the PRSP development standards and design guidelines.
There are five different building types included with the proposed development with
varying architectural styles, colors and materials. Staff met with the developer and their
design consultant to compare the proposed architectural styles, colors and materials to
these same elements within the immediate surrounding area. While, no proposed style,
color or material will match exactly to existing architectural elements within the
surrounding area, each proposed building has at least one unifying element with
surrounding architectural styles, colors and materials in the area. Therefore, the Project
respects and recognizes the interdependence of land values and aesthetics to the benefit
of the City.
B. The Project has been designed to minimize impacts on surrounding development by
utilizing a compatible architectural design consistent with the PRSP. Therefore, the
proposed development respects the public concerns for the aesthetics of development
and encourages the orderly and harmonious appearance of structures and property within
the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development will complete
improvements necessary for the mixed-use development.
D. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan and the PRSP, except as required by State Density
Bonus Law (Section 65915 of the California Government Code).
Per adopted State Density Bonus requirements (Gov. Code § 65915 et seq.), the City is
required to grant three concessions, or modifications, of development standards because
the Project includes greater than 30 percent of the total units for lower-income households.
The concessions are as follows:
1. Setbacks —The PRSP requires that the first two stories of a structure be setback
15 feet and provide a minimum 18-foot setback of the third floor from the side
and/or rear property lines when adjacent to a single-family residential
neighborhood. The applicant is requesting that a reduction be granted to allow
Buildings 15, 16 and 17 to have a side setback of 10 feet adjacent to three single-
family residences' rear property lines, however, while portions of the third floor are
10 feet from the property line, the average setback for the third story is 18.3 feet.
Additional screening is provided on the decks of Buildings 15, 16 and 17 and a
solid fence is proposed between the two properties to assist in screening the
Resolution No. P-19-16
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single-family residences' rear yards.
In addition, the development standards for the TC District require a 10-foot front
and side setback for ground floor residential. The applicant is requesting that a
reduction be granted to allow the building housing the affordable apartments to
have a setback of five-feet along Poway Road and Tarascan Drive, and to allow
Building 5 to have a side setback of 7.1 feet along Civic Center Drive.
2. Wall height — The PMC states that no solid wall shall be greater than six-feet tall
and adjacent fences shall be setback five feet from the retaining wall. The
applicant is requesting a reduction be granted to allow a six-foot-tall wood fence to
be constructed on top of a proposed six-foot-tall retaining wall located in the
southwest corner of the project west of Buildings 15, 16 and 17 as previously
referenced to assist in screening the single-family residences' rear yards. The
portion of the wall that is more than six-feet tall will be visible from the rear yards
of the single-family properties to the west and will provide security and privacy for
the properties on both sides of the wall.
3. Mixed-use requirements — The development standards for the TC District require
that a minimum of 75 percent of ground floor space along any block face be
occupied by commercial uses. The applicant is requesting that a concession be
granted to allow the building housing the affordable apartments to not have any
commercial space along the Poway Road and Tarascan Drive street frontages and
reduced commercial space along Poway Road and Civic Center Drive where 584
square feet is provided at the corner.
Per adopted State Density Bonus requirements, the City is required to grant a parking
ratio of 0.5 spaces per unit if the development is a for-rent affordable housing development
for individuals who are 62 years of age or older (senior).
In accordance with Table 3-4 of the PRSP, the Project includes a Tier 2 Height Bonus with
the Selection of Affordable Housing and Internal Pedestrian Passageway Community
Benefits. This ratio is granted as a part of the Project approval.
SECTION 5: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public health,
safety and welfare, 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
facilities will be available to serve this Project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as further described in the
conditions of approval.
C. In accordance with the Poway General Plan, the Project requires the payment
of development impact fees, which are assessed on a pro-rata basis to finance
public infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
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Page 6
SECTION 6: The City Council hereby approves TTM19-005 and DR19-004, as shown
on the approved plans incorporated by reference as "Exhibit A," also known as Attachment C to
the December 17, 2019 Agenda Report on file with the City, except as noted herein and 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 any aspect of the Project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
TTM19-005 and/or DR19-004) and any environmental document or decision made
pursuant to CEQA.. 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 and proposed project details
represented on the approved plans ("Exhibit A"). If actual conditions and details vary from
representations, the approved plans must be changed to reflect the existing site conditions
and proposed project details. Any substantial changes to the approved plans must be
approved by the Director of Development Services and may require approval of the City
Council if the Director of Development Services finds that the proposed changes do not
substantially conform to approved plans.
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. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions
of approval have been read and understood; and (2) the property owner shall execute a
Covenant Regarding Real Property notarizing and recording said document. In order for
the City to prepare the Covenant the applicant must first submit a legal description of the
subject site.
E. The conditions for the project shall remain in effect for the life of the subject property and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. Prior to Final Map approval; unless other timing is indicated, the following conditions shall
be complied with:
(Engineering)
1. This approval is based on the existing site conditions represented on the approved
tentative map. If actual conditions vary from representations, the approved
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tentative map must be changed to reflect the actual conditions. Any substantial
changes to the tentative map must be approved by the Director of Development
Services and may require approval of the City Council.
2. The final map, together with the supporting data and documentation, shall be
submitted to Engineering Division for review and shall be approved to the
satisfaction of the City Engineer. The appropriate map checking fee shall be paid
by the applicant.
3. The final map shall conform to City standards and procedures, the City Subdivision
Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors'
Act, and all other applicable laws, regulations and ordinances.
4. Theapplicant app scant shall include provisions in their design contract with their design
consultants that, following acceptance by the City, all construction drawings or
technical reports accepted by the City of all public improvements (exclusive of
architectural building plans) shall become the property of the City. Once accepted,
these plans may be freely used, copied or distributed by the City to the public or
other agencies as the City may deem appropriate. An acknowledgement of this
requirement from the design consultant shall be included on all construction
drawings at the time of plan submittal.
5. A new general public utility easement for public water and sewer and emergency
access ingress and egress is to be dedicated to the City of Poway on the Final
Map. Twenty-foot-wide minimum easements are required.
6. An easement for access and improvements shall be recorded for a future road
running east to west (internal street)through the eastern portion of Lot 5 as shown
on the approved tentative map. The easement shall be shown on the final map
and a covenant shall be notarized and recorded to the'satisfaction of the Director
of Development Services regarding the requirement for an internal street and the
redesign of the easterly portion of the project in order to accommodate an internal
street in compliance with Chapter 5.10 of the PRSP. Include in the covenant that
the creation of the internal street will result in a loss of off-street parking spaces.
7. Sign and execute a covenant agreeing for Lots 3 and 4 as shown on the approved
tentative map to provide a reciprocal access easement to the neighboring
properties fronting along Poway Road to allow future internal vehicular and
pedestrian access, including an internal street, to be constructed and maintained
between the properties. The location of the future access easement shall be
subject to approval by the Director of Development Services. Improvements
required for such access shall be borne by the neighboring properties and shall
not result in a net loss of parking spaces to the satisfaction of the Director of
Development Services. The covenant shall be drafted by the applicant/developer
and is subject to review and approval by the Director of Development Services.
8. Easements will be required for all public facilities and access onsite. This may
include but is not limited to utilities, streets, sidewalks, and trails.
9. Applicant shall enter into a Private Road Maintenance Agreement for the private
roads within the subdivision. The form and content shall be in a form satisfactory
Resolution No. P-19-16
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to the City Attorney.
10. Applicant shall provide an instrument for Covenants, Conditions, and Restrictions
(CC&R), which addresses construction and maintenance of the private road,
slopes, utilities, drainage, or accesses in the subdivision, said CC&Rs shall be
reviewed and approved to the satisfaction of the Director of Development Services
prior to recordation.
11. A mylar copy of the Final Tract map shall be provided to the City within three
months of its recordation or prior to building permit issuance, whichever comes
first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of
the Tract Map, for the mylar reproduction of the recorded Tract Map shall be
posted.
12. Within thirty days after City Council approval of the tentative map, the subdivider
shall post with the City a non-refundable sewer connection fee of 20 percent of the
total projected sewerage connection fee in effect at the time.
13. Within 30 days after City Council approval of the Final Map, the subdivider shall
pay the City an additional 30 percent of the sewer connection fee. The remaining
50 percent of the sewer connection fee shall be paid prior to building permit
issuance but no later than 36 months from recordation of the first final map, unless
granted a time extension to complete the project.
14. The applicant shall pay the drainage impact development fee in effect at the time
of subdivision.
15. The project requirements for fire protection specify the installation of fire hydrants
and expansion of the water system necessary to support the installation of the
hydrants. A Water System Analysis is required for final design of the proposed
water system expansion. Applicant shall pay for the cost of preparing the analysis
prior to submittal of improvement plans.
16. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" =
20', unless otherwise approved by the City's project engineer, in accordance with
the submittal and content requirements listed in the PMC shall be reviewed and
approved to the satisfaction of the City Engineer. Submittal shall be made to the
Department of Development Services Engineering Division for review and shall be
approved to the satisfaction of the City Engineer. The improvement design shall
be 100 percent complete at the time of submittal and ready for approval. The plan
shall include, at a minimum, the following features:
a. Public sewer improvements as shown on the approved tentative map.
b. Public water improvements as shown on the approved tentative map.
c. The installation of street lights along the streets fronting the project parcels.
The location and type of street light shall be coordinated and approved to
the satisfaction of the City Engineer.
d. Traffic improvements along Poway Road at entrances entering and exiting
Resolution No. P-19-16
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the project area to accommodate right-in and right-out and left-in turning
movements to the satisfaction of the City Engineer.
e. Crosswalks across Quate Court at Poway Road shall be installed with new
ADA compliant sidewalk transitions at the adjacent corners.
f. Public improvements may include, but are not limited to, traffic signals,
sidewalk, street lights, utilities, Class II bike lane markings, crosswalks
across Quate Court at Poway Road with new ADA compliant sidewalk
transitions at the adjacent corners provided it is within the City's right of
way or easement, a median monument sign, bicycle racks, public seating,
crosswalks, bus shelter and seating, trash receptacles, street trees and
landscaping.
17. The public improvement plan shall be reviewed and approved to the satisfaction
of the City Engineer. The approved plans, Exhibit A, do not include the required
public street improvements. The applicant shall enter into a Standard Agreement
for public improvements for the work to be done as part of the Public Improvement
plan. The applicant will be responsible for posting securities for monumentation
and public improvements prior to grading permit issuance or final map approval,
whichever comes first.
18. 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 reviewed and
approved to the satisfaction of the City Engineer and executed prior to grading
permit issuance.
19. A fair share payment shall be required towards the installation of a traffic signal at
the intersection of Poway Road and "Private Driveway A," or an alternative location
determined by the City Engineer, and for future Class IV bike lanes and adaptive
signalizing efforts for traffic signals along Poway Road between Carriage Road
and Community Road. The fair share payment shall be determined through an
engineering study prepared by a certified traffic engineer and subject to approval •
of the Director of Development Services. The traffic signal shall be installed prior
to final building permit approval (certificate of occupancy) for any commercial
buildings beyond the 584 square feet currently proposed as part of DR19-004.
(Planning)
20. Conditions, restrictions and requirements within the Poway Commons Agreements
shall be adhered to prior to final map recordation or certificate of occupancy of any
structure, whichever comes first, to the satisfaction of the Director of Development
Services.
21. Provide a Maintenance Exhibit for all site areas clearly indicating the responsible
maintenance entities (HOA, City, other).
22. The property owner shall notarize and record an agreement not-to-oppose the
formation of a future assessment district to fund public facilities and improvements
that directly benefit property owners in the district (e.g., Community Facilities
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Page 10
Districts (s), Landscape and Lighting District(s), Maintenance Assessment
District(s), and Enhanced Infrastructure Financing District(s)).
23. The property owner shall notarize and record an agreement not-to-oppose the
formation of a future business or property-based business improvement district in
which businesses or property owners respectively are required to pay an additional
levy to fund projects within the District's boundaries.
(Public Works)
24. The applicant shall annex the properties into the appropriate Lighting Districts prior
to recordation of the final map.
G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. A Floodplain Development Permit for all grading and improvements in the
regulated floodway shall be reviewed and approved to the satisfaction of the City
Engineer and issued prior to grading permit issuance. Proof of approval of a
Conditional Letter of Map Revision (CLOMR) from FEMA shall be provided. All
applicable fees shall be paid prior to Floodplain Development Permit issuance.
2. If the project will be phased, the applicant will be responsible for presenting a
phasing plan to the satisfaction of the Director of Development Services. The
applicant may be required to notarize and record a covenant for private
improvements to establish the timing of the installation of the private and public
improvements.
3. Portions of Quate Court are to be vacated as shown on the approved Tentative
Map.
4. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the site plan and
be appropriately sized for the proposed level of development.
5. Submit a precise grading plan, including private utilities, 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
Development Services Department, Engineering Division, for review and approved
to the satisfaction of the City Engineer. The grading design shall be 100 percent
complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All technical studies as required by
Chapter 16 of the PMC shall be submitted.
6. Water Quality Control — Drainage and Flood Damage Prevention
a. 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
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conditions to the satisfaction of the City project engineer.
7. Water Quality Control — Design and Construction
a. 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 Storm Water Quality Management Plan (SWQMP) prepared by a
registered Civil Engineer is to be submitted and approved.
b. Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.104 of the PMC, and a signed PDF version.
c. 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 Operations
and Maintenance 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.
d. Upon approval of the SWQMP, provide a PDF version.
8. This project is subject to the Trash Amendment, as defined by the San Diego
Regional Water Quality Control Board Permit Order Number R9-2017-0077. This
requires trash treatment control devices to be installed, the preparation of a
recorded Storm Water Trash Treatment Facilities Maintenance Agreement,
perpetual maintenance of facilities and an easement granted to the City. The
applicant will be required to install trash treatment control devices inside all existing
and proposed storm drain grated inlet structures onsite and downstream of any
new development offsite. Please call out the devices on the plans. Please see
the complete list of approved trash treatment control devices at:
https://www.waterboards.ca.gov/water issues/programs/stormwater/docs/trash i
mplementation/a1 certified fcsdevicelist 05aug19.pdf
9. Water Quality Control —Construction Storm Water Management Compliance
a. Proof of coverage under the General Permit for Discharges of Storm Water
Associated with Construction Activity (Construction General Permit, 2009-
0009-DWQ, as amended by order 2010-0014) shall be provided to the City
along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
10. Grading securities shall be posted with the City prior to grading plan approval per
Chapter 16.46 of the PMC. A minimum cash security of $2,000 is required in all
instances.
11. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
12. 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
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shall be submitted on a City standard form available from the City's project
engineer. The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed by the
project inspector.
13. 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.
14. Construction staking is to be inspected by the Engineering Inspector prior to any
clearing, grubbing or grading. At a minimum, all protected areas as shown on the
approved grading plans are to be staked under the direction of a licensed land
surveyor or licensed civil engineer and delineated with lathe and ribbon. 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.
15. If the disposal of groundwater is necessary during construction a dewatering plan
shall be submitted for review and approved to the satisfaction of the City Engineer.
Extracted groundwater should be discharged to surface waters under the current
general National Pollutant Discharge Elimination System (NPDES) permit adopted
by the California Regional Water Quality Control Board (RWQCB). Proof of
coverage under this permit will be required. To protect water quality in the San
Diego area, the City recognizes that it may be necessary to accept discharges of
extracted groundwater to the sewer system. Discharges to the sewer system will
only be allowed if it is determined that sewering this wastewater is the most
appropriate and prudent disposal alternative and when sufficient hydraulic and
treatment plant capacity is available to allow such discharges into the sewer
system.
16. A geotechnical investigation and soils management plan prepared by a licensed
engineer shall be required. If based on evidence that soil contamination exists,
the applicable property shall participate in the County Department of
Environmental Health's Voluntary Assistance Program for soil contaminants to the
satisfaction of the Director of Development Services.
17. Letters of permission from adjacent properties owners or easements for any
proposed work on adjacent properties shall be provided.
18. Conditions G.19 through G.30 shall appear as notes on the final grading plans.
(Planning)
19. In accordance with Mitigation Measure BIO-1 of the PRSP EIR, all construction-
related activities (including but not limited to mobilization and staging, clearing,
grubbing, vegetation removal, fence installation, demolition and grading) should
occur outside the avian nesting season (generally prior to February 1 to August
31 or according to local requirements), all suitable habitats located within the
project's area of disturbance including staging and storage areas plus a 250-foot
Resolution No. P-19-16
Page 13
(passerines) and 1,000-foot (raptor nests) buffer around these areas shall be
thoroughly surveyed, as feasible, for the presence of active nests by a qualified
biologist no more than five days before commencement of any site disturbance
activities and equipment mobilization. If project activities are delayed more than
five days an additional nesting bird survey shall be performed. Active nesting is
present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are
observed carrying food to the nest. The results of the surveys shall be
documented. If it is determined that the birds are actively nesting within the
survey area, Condition Number G.20(Mitigation Measure BIO-2 of the PRSP EIR)
below shall apply.
20. In accordance with Mitigation Measure BIO-2 of the PRSP EIR, if pre-construction
nesting bird surveys result in the location of active nests, no site disturbance and
mobilization of heavy equipment (including but not limited to equipment staging,
fence installation, clearing, grubbing, vegetation removal, fence installation,
demolition, and grading), shall take place within 250 feet of non-raptor nests and
1,000 feet of raptor nests, or as determined by a qualified biologist in consultation
with the California Department of Fish and Wildlife, until the chicks have fledged.
Monitoring shall be required to insure compliance with the MBTA and relevant
California Fish and Game Code requirements. Monitoring dates and findings shall
be documented.
21. In accordance with Mitigation Measure BIO-3 of the PRSP EIR, prior to the
removal of mature trees and existing buildings, a preconstruction survey for
maternity (March 1 to August 1) or colony bat roosts (year-round) shall be
conducted by a qualified biologist within seven days prior to activities that remove
trees or structures. If an occupied maternity or colony roost is detected, CDFW
shall be contacted about how to proceed. Typically, a buffer exclusion zone would •
be established around each occupied roost until bat activities have ceased. The
size of the buffer would take into account:
a. Proximity and noise level of project activities
b. Distance and amount of vegetation or screening between the roost and
construction activities
c. Species-specific needs, if known, such as sensitivity to disturbance
Due to restrictions of the California Health Department, direct contact by workers
with any bat is not allowed. The qualified bat biologist shall be contacted
immediately if a bat roost is discovered during project construction.
22. In accordance with Mitigation Measure CUT-4 of the PRSP EIR, a qualified
professional archaeologist shall be retained who meets U.S.. Secretary of the
Interior's Professional Qualifications and Standards, to conduct an Archaeological
Sensitivity Training for construction personnel prior to commencement of
excavation activities. The training session shall be carried out by a cultural
resource professional with expertise in archaeology who meets the U.S. Secretary
of the Interior's Processional Qualifications and Standards. The training session
would include a handout and focus on how to identify archaeological resources
that may be encountered during earthmoving activities and the procedures to be
Resolution No. P-19-16
Page 14
followed in such an event, those duties of archaeological monitors, and, the
general steps a qualified professional archaeologist shall follow in conducting a
salvage investigation if one is necessary.
23. In accordance with Mitigation Measure CUT-5 of the PRSP EIR, if archaeological
resources are encountered, ground-disturbing activities shall be ceased, and the
treatment plan shall be implemented. In the event that archaeological resources
are unearthed during ground-disturbing activities, ground-disturbing activities shall
be halted or diverted away from the vicinity of the find so that the find can be
evaluated. A buffer area of at least 50 feet shall be,established around the find
where construction activities would not be allowed to continue until a qualified
archaeologist has examined the newly discovered artifact(s) and has evaluated
the area of the find. Work should be allowed to continue outside of the buffer area.
All archaeological resources unearthed by project construction activities shall be
evaluated by a qualified professional archaeologist, who meets the U.S. Secretary
of the Interior's Professional Qualifications and Standards. Should the newly
discovered artifacts be determined to be prehistoric, Native American
Tribes/individuals shall be contacted and consulted, and Native American
construction monitoring should be initiated. The developer and City shall
coordinate with the archaeologist to develop an appropriate treatment plan for the
resources. The plan may include implementation of the archaeological data
recovery excavations to address treatment of the resource along with subsequent
laboratory processing and analysis.
24. In accordance with Mitigation Measure CUT-6 of the PRSP EIR, periodic
archaeological resources spot checks during grading and earth-moving activities
in younger alluvial sediments shall be conducted. A qualified professional
archaeologist who meets the U.S. Secretary of the Interior's Professional
Qualifications and standards shall be retained to conduct periodic archaeological
spot checks beginning at depths below two feet to determine if construction
excavations have exposed or have a high probability of exposing archaeological
resources. After the initial archaeological spot check, further periodic checks
would be conducted at the discretion of the qualified archaeologist. If the qualified
archaeologist determines that construction excavations have exposed or have a
high probability of exposing archaeological artifacts, construction monitoring for
archaeological resources would be required. The Applicant shall retain a qualified
archaeological monitor who would work under the guidance and direction of a
professional archaeologist, who meets the qualifications set forth by the U.S.
Secretary of the Interior's Professional Qualifications and Standards. The
archaeological monitor shall be present during all construction excavations (e.g.,
grading, trenching, or clearing/grubbing) into non-fill younger Pleistocene alluvial
sediments. Multiple earth-moving construction activities may require multiple
archaeological monitors. The frequency of monitoring shall be based on the rate
of excavation and grading activities, proximity to known archaeological resources,
the materials being excavated (native versus artificial fill soils), the depth of
excavation, and if found, the abundance and type of archaeological resources
encountered. Full-time monitoring could be reduced to part-time inspections if
determined adequate by the project archaeologist.
25. In accordance with Mitigation Measure CUT-7 of the PRSP EIR, a report shall be
prepared upon completion of monitoring services. The archaeological monitor,
Resolution No. P-19-16
Page 15
under the direction of a qualified professional archaeologist who meets the U.S.
Secretary of the Interior's Professional Qualifications and Standards, shall prepare
a final report at the conclusion of archaeological monitoring. The report shall be
submitted to the Applicant, the South Coastal Information Center, the City, and
representatives of other appropriate or concerned agencies to signify the
satisfactory completion of the project and required mitigation measures. The
report shall include a description of resources unearthed, if any, evaluation of the
resources with respect to the California Register and CEQA, and treatment of the
resources.
26. In accordance with Mitigation Measure CUT-8 of the PRSP EIR,-the Applicant shall
retain a professional paleontologist, who meets the qualifications set forth by the
Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity
Training for construction personnel prior to commencement of excavation
activities. The training would include a handout and would focus on how to identify
paleontological resources that may be encountered during earthmoving activities,
and the procedures to be followed in such an event; the duties of paleontological
monitors; notification and other procedures to follow upon discovery of resources;
and, the general steps a qualified professional paleontologist would follow in
conducting a salvage investigation if one is necessary.
27. In accordance with Mitigation Measure CUT-9 of the PRSP EIR, periodic
paleontological spot checks during grading and earth-moving activities shall be
conducted. The Applicant shall retain a professional paleontologist, who meets
the qualifications set forth by the Society of Vertebrate Paleontology to conduct
periodic Paleontological Spot Checks beginning at depths below six feet to
determine if construction excavations have extended into older Pleistocene alluvial
deposits. After the initial Paleontological Spot Check, further periodic checks
would be conducted at the discretion of the qualified paleontologist. If the qualified
paleontologist determines that construction excavations have extended into the
Puente Formation or into older Pleistocene alluvial deposits, construction
monitoring for Paleontological Resources would be required. The Applicant shall
retain a qualified paleontological monitor, who would work under the guidance and
direction of a professional paleontologist, who meets the qualifications set forth by
the Society of Vertebrate Paleontology. The paleontological monitor shall be
present during all construction excavations (e.g., grading, trenching, or
clearing/grubbing) into older Pleistocene alluvial deposits. Multiple earth-moving
construction activities may require multiple paleontological monitors. The
frequency of monitoring shall be based on the rate of excavation and grading
activities, proximity to known paleontological resources and/or unique geological
features, the materials being excavated (native versus artificial fill soils), and the
depth of excavation, and if found, the abundance and type of paleontological
resources and/or unique geological features encountered. Full-time monitoring
can be reduced to part-time inspections if determined adequate by the qualified
professional paleontologist.
28. In accordance with Mitigation Measure CUT-10 of the PRSP EIR, if paleontological
resources are encountered, ground-disturbing activities shall be ceased, and the
treatment plan shall be implemented. In the event that paleontological resources
and or unique geological features are unearthed during ground disturbing
activities, ground-disturbing activities shall be halted or diverted away from the
Resolution No. P-19-16
Page 16
vicinity of the find so that the find can be evaluated. A buffer area of at least 50
feet shall be established around the find where construction activities shall not be
allowed to continue until appropriate paleontological treatment plan has been
approved by the Applicant and the City. Work shall be allowed to continue outside
of the buffer area. The Applicant and City shall coordinate with a professional
paleontologist, who meets the qualifications set forth by the Society of Vertebrate
Paleontology, to develop an appropriate treatment plan for the resources.
Treatment may include implementation of paleontological salvage excavations to
remove the resource along with subsequent laboratory processing and analysis or
preservation in place. At the paleontologist's discretion, and to reduce construction
delay, the grading and excavation contractor shall assist in removing rock samples
for initial processing.
29. In accordance with Mitigation Measure CUT-11 of the PRSP EIR, upon completion
of the paleontological monitoring activities, the professional paleontologist shall
prepare a report summarizing the results of the monitoring and salvaging efforts,
the methodology used in these efforts, as well as a description of the fossils
collected and their significance. The report shall be submitted to the Applicant, the
City, San Diego Natural History Museum, and representatives of other appropriate
or concerned agencies to signify the satisfactory completion of the project and
required mitigation measures.
30. A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
If the trees are proposed to be removed during the recognized nesting season for
birds (February 15 and August 15), a nesting bird survey shall be conducted by a
qualified biologist and report the findings in writing to the City. Between February
15 and August 15, removal of trees containing nests shall be delayed until such
time as the nest(s) have been abandoned unless the removal can be completed
in accordance with California State codes and the Federal Migratory Bird Treaty
Act of 1918.
H. Prior to building permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
(Engineering)
1. Prior to the first building permit, all public improvements shall be installed to the
satisfaction of the Director of Development Services. The warranty security shall
be placed in accordance with PMC 16.20.080 (C).
2. The condominium maps shall be recorded pursuant to an approved phasing plan
to the satisfaction of the Director of Development Services.
3. Proof of approval of a Letter of Map Revision (LOMR) from FEMA shall be
provided.
4. 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 California Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report, and
Resolution No. P-19-16
Page 17
grading practices acceptable to the City.
5. 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.
6. 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.
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 to the satisfaction
of the Director of Development Services.
7. 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.
8. The applicant shall pay all applicable development impact fees (e.g., park
mitigation, school, water system capacity, sewer connection, traffic mitigation, fire
protection impact, and drainage fees) in effect at time of permit issuance.
(Planning)
9. Public street improvements shall be required (reference Poway Commons
Agreements Schedule of Performance, PRSP Chapter 5 and PMC 15.06.030)
along Poway Road and Civic Center Drive and Poway Road and Tarascan Drive
fronting the project consistent with the PRSP Chapter 5 Design Guidelines for
Public Space and PMC 15.06.030 for all property frontages included within the
Poway Commons Agreement (including future commercial uses — Lots 3 and 4
shown on the approved Tentative Map) to the satisfaction of the Director of
Development Services. This includes ADA compliant sidewalk transitions, Class
II bike lane markings, a median monument sign, wayfinding signs, street lighting,
street trees (1 per 30 lineal feet), bicycle racks at property corners and adjacent to
storefronts, public seating (three total), trash and recycling receptacles (1 per 600
lineal feet), bus shelters, signage and seating, and new private drive entrances,
and widened six-foot wide sidewalks (one-foot stamped and stained concrete).
Landscape parkways and medians along property frontages shall be included into
a Landscape Maintenance District (LMD) with maintenance funded by the project
homeowner associations or a similar alternative where maintenance of public
improvements is borne by the homeowner associations to the satisfaction of the
Director of Development Services. Original art pieces are allowed on utility boxes
to deter graffiti and enhance the streetscape until such time that utilities are placed
underground. In addition, due to the increased pedestrian activity resulting from
the Project, crosswalks across Quate Court at Poway Road shall be installed with
Resolution No. P-19-16
Page 18
new ADA compliant sidewalk transitions at the adjacent corners provided it is
within the City's right of way or easement. The public street improvements shall be
installed prior to issuance of any building permits for residential units.
10. A covenant shall be notarized rand recorded on Lot 2 of the approved Tentative
Map providing that the 43 residential units proposed within the affordable building
shall be deed restricted to seniors 62 years of age or older and low-income
households for a minimum period of 55 years in accordance with Article V of PMC
Chapter 17.26 shall be notarized and recorded. As more particularly provided in
the Authority Regulatory Agreement, a minimum of five (5) of the dwelling units in
the Project shall be rented to qualified senior households whose incomes do not
exceed fifty percent (50%) of the area median income for San Diego County,
adjusted for household size; and a minimum of thirty-eight(38) of the dwelling units
in the Project shall be rented to qualified senior households whose incomes do not
exceed sixty percent (60%) of the area median income for San Diego County,
adjusted for household size, with all of such dwelling units rented at an affordable
rent, pursuant to Health and Safety Code Section 50053(b). One (1) unit in the
Project shall be an unrestricted manager's unit (44 residential units total).
11. Landscape and irrigation plans shall be submitted for Lots 1 through 5 and the
parcel on the southeast corner of Civic Center Drive and Poway Road (Triangle
Park) for review and shall be approved to the satisfaction of the Director of
Development Services. The landscape and irrigation plans shall demonstrate
compliance with the City of Poway Landscape and Irrigation Design Manual,
Chapter 17.41 PMC and substantial conformance to the approved conceptual
landscape plans, and all other applicable standards and ordinances in effect at the
time of landscape and irrigation plan check submittal. To the satisfaction of the
Director of Development Services, the landscape plans shall also provide the
following:
a. The landscaping plan shall incorporate a minimum one 24-inch box tree
for every 30 feet of frontage along the public right-of-way.
b. A minimum of one 15-gallon tree, per City specification, shall be provided
for every three parking spaces. Said trees shall be located to provide
shade cover for the vehicles where practical.
c. The plans shall include shrubs to provide screening of the parking areas
as seen from adjacent public streets.
d. Special attention shall be given to provide landscaping that enhances the
intersection corners.
e. The removal of one existing mature tree shall be replaced on-site with the
planting of a 36-inch box sized tree of a species per the tree removal permit
to the satisfaction of the Director of Development Services. The trees shall
be planted per the approved landscape plans for the development project
or if this project is abandoned, the trees shall be replaced according to a
tree replacement planting plan reviewed and approved to the satisfaction
of the Director of Development Services.
i. A modification to the number or sizes of the tree replacement
Resolution No. P-19-16
Page 19
requirement may be approved by the Director of Development
Services as part of the landscape plan review. Please provide a
written request to modify this requirement that outlines the reasons
of the request.
ii. The replacement trees shall be planted prior to obtaining
occupancy or within 24 months of their removal whichever comes
first pursuant to the approved phasing plan to the satisfaction of
the Director of Development Services.
Pedestrian amenities for the internal pedestrian passageway and public open
space shall be further reviewed and approved to the satisfaction of the Director of
Development Services as part of the landscape plan review process. Seating,
shaded areas, lighting, landscaping, trees and textured paving elements shall be
consistent with Chapter 4 (Design Guidelines) of the PRSP. Add and evenly
distribute parking lot lighting to create adequate visibility at night. Scale the lighting
for pedestrians and vehicles for safety and security. Pedestrian-scaled lighting
should emphasize and clearly identify pedestrian walkways and may include
bollards, step, or other comparable lighting. Art and murals can be used to add
visual interest along a street corridor or within a district, and to celebrate history
and culture. Original art and murals allow for creative expression and can bean
attraction for visitors independent of stores and restaurants. Community members
should be included in the development of original art to the extent possible. Review
by the Department of Development Services is required to ensure the original art
or mural is compliant with the PRSP and the PMC.
The landscape and irrigation plan submittal are a separate submittal from other
project plan check submittals and is made directly to the Planning
Division. Contact the Planning Division for copies of applicable City standards, the
landscape and irrigation plan submittal checklist and the plan review fee
worksheet. Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. Any landscaped areas within the public right-of-way
shall be permanently and fully maintained by the owner of the private property
adjacent to the public right-of-way where the improvements are located to the
satisfaction of the Director of Development Services.
12. The plant palette shall be reviewed by project biologist and shall not include any
invasive species within 50 feet of the edge of the riparian habitat boundary in
Rattlesnake Creek.
13. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one
(4:1).
14. The park at the southeast corner of Poway Road and Civic Center Drive (Triangle
Park) will be maintained by the City, but improvement by the project proponent.
All walkways and seating shall be ADA compliant. The site design and landscape
materials should be low maintenance. Include one 24-inch box tree for every 300
square feet of surface area. The park improvements shall be installed prior to
building permit final (certificate of occupancy) of the 46th residential unit of the
project and prior to building permit final (certificate of occupancy) of the last
building of the northerly market-rate residential units accessed from Tarascan
Resolution No. P-19-16
Page 20
Drive, whichever comes first. The community event sign and/or art shall be a
minimum 300 cubic feet, excluding footings and stands, and shall include a durable
foundation and materials to the satisfaction of the Director of Development
Services. A combination of art and a community event sign is permissible. Art
shall be in compliance with design standards in Chapter 4.10 and 5.6 of PRSP.
15. Site preparation, including demolition, clearing and grubbing, grading and utility
connections on the future 44 senior-affordable apartments development site as
described as Lot 2 on the approved Tentative Map is required prior to building
permit issuance for any of the market-rate residential units (reference Poway
Commons Agreements Schedule of Performance).
16. Site preparation, including demolition, clearing and grubbing, grading and utility
connections on the future commercial development sites as described as Lots 3
and 4 on the approved Tentative Map is required prior to building permit issuance
for any of the market-rate residential units (reference Poway Commons
Agreements Schedule of Performance).
17. A General Plan Trail is required along Rattlesnake Creek and will require six-foot-
wide public access improvements and a six-foot-wide easement to be recorded
over that portion of land. A minimum six-foot-wide ADA compliant path/trail is
required along Rattlesnake Creek. The Trail shall connect Civic Center Drive to
the entrance to Community Park.
18. All architectural details shown on the approved DR plans shall also be shown on
the building plan check submittal. Any major modifications from the building and
site design details not within substantial conformance to the approved plan, Exhibit
A, will require a DR revision and City Council approval as determined by the
Director of Development Services.
19. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC Section 17.10.150(H); including, but not limited to,
reflecting light downward, away from any road or street, and away from any
adjoining residential development. Lighting shall be maintained in compliance with
City standards by the applicant for the life of the project.
20. Signs proposed for this development shall be reviewed and approved to the
satisfaction of the Director of Development Services under a separate Sign Permit.
21. The building plans shall include elevations and cross-sections that show all new
roof-mounted appurtenances, including, but not limited to, air conditioning and
vents, screened from view from adjacent properties, to the satisfaction of the
Director of Development Services. Screening of utilities and mechanical
equipment located on roofs is appropriate with architectural design elements such
as trellises or an artistic design feature.
22. Exterior building materials and finishes shall reflect the approved elevations
(Exhibit A) on file with the City and the conditions of approval, and shall be noted
on the building plans, to the satisfaction of the Director of Development Services.
23. Demolition of existing structures shall include investigations for lead and asbestos
Resolution No. P-19-16
Page 21
with appropriate mitigations prepared by certified professionals.
24. In accordance with Mitigation Measure GHG-1, the installation of wood-burning
devices such as fireplaces, stoves and heaters shall be prohibited.
Prior to occupancy, unless other timing is indicated, the following conditions shall be
complied with:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground consistent with undergrounding policies to
the satisfaction of the Director of Development Services. No extension of
overhead utilities shall be permitted.
2. 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.
3. An adequate drainage system around the new building pads capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to private and/or public improvements caused by construction activity
from this project.
5. All applicable easement dedications and maintenance agreements are to be
recorded prior to occupancy.
6. The stormwater facilities shall be complete and operational prior to occupancy.
7. 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 (i.e. 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.
8. Safety fencing for fall protection shall be required at the top of retaining walls and
slopes as required and shall be shown on all Grading Plans where appropriate.
(Planning)
9. The Landscape and Site Plans shall indicate that sight distance restricted areas at
intersections. Add a note that no landscape materials over 30 inches in height
shall be placed in sight distance restricted areas.
10. Landscape, irrigation and exterior site amenities shall be installed prior to building
permit final (certificate of occupancy) pursuant to the approved phasing plan for
Resolution No. P-19-16
Page 22 .
the market-rate residential units, prior to building permit final (certificate of
occupancy) for the affordable residential units, and prior to building permit final
(certificate of occupancy) of the last building of the northerly market-rate residential
units accessed from Tarascan Drive, whichever comes first, except as otherwise
determined by the Director of Development Services. All exterior amenities shall
be reviewed and approved to the satisfaction of the Director of Development
Services and substantially similar or of better quality than conceptual images
provided prior to building permit issuance.
J. The following requirements shall be completed or maintained to the satisfaction of the
Director of Public Works:
1. Prior to the deadline set forth in the Schedule of Performances(s) for public
improvements in the Poway Commons Agreements, the water and sewer system
and associated equipment and facilities shall be located and designed per City
standards and specifications for a public sewer and water system with standard
valves and backflow prevention devices, including shut-off valves at each building
and hydrant valves outside the spray zone, to the satisfaction of the Director of
Public Works and the Director of Safety Services. The water and sewer system
shall be privately maintained by the HOA with emergency access and repair rights
to the facilities to the satisfaction of the Director of Public Works and the Director
of Safety Services. A Hold Harmless Agreement shall be notarized and recorded
for emergency access and repair by the City. Maintenance and certifications of
the water and sewer system shall be as required by the Director of Public Works
and the Director of Safety Services.
2. All new sewer manholes identified as private shall not have City of Poway name
on them. All new sewer manholes identified as public shall have City of Poway
name on them.
3. Prior to the deadline set forth in the Schedule of Performances(s) for public
improvements in the Poway Commons Agreements, both sewer mains identified
on Private Drive "D" and Private Drive "F" shall have property line cleanouts
installed at edge of Right-of-Way on Tarascan Drive. The Sewer main for this
project shall be designated as private, not public.
4. Prior to issuance of a grading permit, a private Sewer Maintenance Agreement
shall be notarized and recorded for the future repair and rehabilitation of the
proposed private sewer prior to the issuance of grading or improvement permits.
The City will provide the template for the agreement.
5. Prior to the issuance of a grading permit, notarize and record a maintenance
agreement for the on-going maintenance of the private street and access
improvements, parking and other proposed paved areas, fencing, landscape and
irrigation (private and within the public right-of-way along the property's frontage),
and recreational and other facilities as specified to be reviewed and approved to
the satisfaction of the City Engineer and Director of Development Services. This
maintenance agreement shall be adhered to by the HOA and incorporated into the
CC&Rs to the satisfaction of the Director of Development Services and City
Engineer.
Resolution No. P-19-16
Page 23
K. The following requirements shall be completed to the satisfaction of the Director of Safety
Services:
1. 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.
2. Prior to the delivery of combustible building material on site, the approved water
service to all fire hydrants shall be connected to the public water supply,
satisfactorily pass all required tests and be approved by the City.
3. Prior to the delivery of combustible building material on site, the approved vehicle
access for firefighting shall be installed, satisfactorily pass all required tests and
approved by the City. All accesses shall be provided within 100 feet of all fire
department connections. Use of temporary vehicle access for firefighting shall
require plan submittal, review and approval to the satisfaction of the City Fire
Marshal.
4. Approved fire apparatus access roadways shall be provided for every facility,
building or portion of a building. The fire apparatus access roadways shall extend
to within 150-feet of all portions of the project and all portions of the exterior walls
of the first story of all buildings as measured by an approved route around the
exterior of the building or facility.
5. The project 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
load of 75,000 lbs. 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 PMC, shall approve the road surface type.
6. The turning radius of a fire apparatus access road shall be a minimum of 28 feet
as measured to the inside edge of the improvement width or as approved by the
fire code official.
7. Fire apparatus access roads, including all private drives, shall not be obstructed in
any manner, including the parking of vehicles. A minimum of 20 feet of
unobstructed access is required. All applicable areas shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
8. All dead-end fire access roads in excess of 150 feet in length shall be provided
with approved provisions that allow emergency apparatus to turn around. A cul-
de-sac shall be provided in residential areas where the access roadway serves
more than two structures. The minimum, unobstructed paved radius width for a
cul-de-sac shall be 38 feet in residential areas.
9. There shall be "No Parking" on both sides of Private Drives "B", "D", "E", Portion of
"A", Portion of Private Drive "F" and Portion of Private Drive "C".
Resolution No. P-19-16
Page 24
10. The gradient for a fire apparatus access roadway shall not exceed 20-percent.
Grades exceeding 15 percent (incline or decline) shall be constructed of Portland
cement concrete (PCC), with a deep broom finish perpendicular to the direction of
travel, or equivalent, to enhance traction.
11. The angle of departure and the angle of approach of a fire access roadway shall
not exceed seven degrees (12-percent) or as approved by the fire code official.
12. Approved signs or other approved notices shall be provided and maintained for fire
apparatus access roads to identify such roads and prohibit the obstruction thereof
or both.
13. A lighted directory map, meeting current fire department standards, shall be
installed at each driveway entrance to multiple unit residential projects and mobile
home parks, where the number of units in such project exceeds 15.
14. All gates or other structures or devices that could obstruct fire access roadways or
otherwise hinder emergency operations are prohibited unless they meet the
standards approved by the fire code official and obtain appropriate permits. All
automatic gates across fire access roadways and driveways shall be equipped
with approved, emergency, key-operated switches overriding all command
functions and opening the gate(s). Gates accessing more than four residences or
residential lots, or gates accessing hazardous institutional, educational or
assembly occupancy group structures shall also be equipped with approved
emergency traffic control-activating strobe light sensor(s), or other devices
approved by the fire code official, which will activate the gate on the approach of
emergency apparatus with a battery backup or manual-mechanical disconnect in
case of power failure. In the event of a power failure, the gate shall be
automatically transferred to a fail-safe mode allowing the gate to be manually
pushed open without the use of special knowledge or equipment. All automatic
gates must meet fire department policies deemed necessary by the fire code
official for rapid, reliable access.
15. Access widths shall be improved or "Fire Lanes" shall be designated in all areas '
where demonstrated movement is prevented by the parking of vehicles.
16. Each 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 approved by the City. Each building address shall also be displayed on
the roof in a manner satisfactory to the Fire Marshal, and meeting Sheriff
Department-ASTREA criteria.
17. The entire water system for the project shall be looped. The addition of on-site fire
hydrants is required. The Fire Marshal shall approve the location of all fire
hydrants.
18. A water systems analysis will be required to establish available fire flow. The
required fire flow shall be according to Appendix B of the 2016 California Fire Code,
and, approved by the City. The water supply may require approved improvement
to include the addition of water mains and fire hydrants as determined and
Resolution No. P-19-16
Page 25
approved by the Fire Department.
19. Water main sizes and fire hydrant locations are conceptual only and shall be
reviewed and approved to the satisfaction of the City Fire Marshal by separate plan
submittal.
20. Fire protection system and details shown on Sheet FP-1.0 to FP-1.2 are
conceptual only and shall be reviewed and approved to the satisfaction of the City
Fire Marshal by separate plan submittal.
21. All buildings are required to be equipped with an approved fire sprinkler system
according to PMC requirements. All systems are required to be monitored by a
central monitoring company. Backflow valve assemblies with tamper switches
shall be monitored. The City Fire Marshal shall locate these fire protection devices
prior to installation. A separate submittal, with applicable fees, for each separate
underground system connected to the public water supply is required. A separate
plan submittal, with applicable fees, for each, separate building'sfire sprinkler
system design is required. Separate fees for plan check and inspection services
will be charged by the Fire Department upon submittal.
22. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior
access man door. Door shall be labeled with a sign indicating "Fire Sprinkler
Riser."
23. A metal sign with raised letters at least one inch (25mm) 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.
24. All buildings are required to be equipped with an approved automatic fire alarm
system according to PMC requirements. The systems shall be installed according
to NFPA 72. The system shall be completely monitored by a UL listed central
station alarm company or proprietary remote station. Each building may require a
separate plan submittal and fee. The Fire Department shall determine the number
of separate plan submittals and separate fees based upon proposed system
design.
25. A `Knox' Security Key Box shall be required for each building at locations
determined by the City Fire Marshal.
26. Smoke detectors shall be installed in all residential bedrooms and adjoining
hallways. The smoke detectors shall be hard-wired, with a battery backup, and
shall be wired in such a manner that if one detector activates, all detectors activate.
27. Carbon monoxide detectors shall be installed in residential hallways adjoining
bedrooms, both in the, proposed addition and existing residence. The carbon
monoxide detectors shall be hard-wired, with a battery backup, and shall be wired
in such a manner that if one detector activates, all detectors activate.
- L. The following requirements shall be adhered to upon establishment of land uses and
occupancy is granted to the satisfaction of the Director of Development Services:
•
Resolution No. P-19-16
Page 26
1. All physical elements of the project, excepting improvements for buildings,
including public street improvements, shown on the approved building, landscape,
grading, improvement and related plans shall be substantially maintained per the
approved plans, except as noted herein, to the satisfaction of the Director of
Development Services.
2. Proper drainage shall be maintained throughout this subdivision as to prevent
ponding and/or storage of surface water and shall be in compliance with the
NPDES permit to the satisfaction of the Water Quality Coordinator and the City
Engineer.
3. Permissible uses within the 584 square-foot commercial suite shall be limited to
commercial uses permitted within the underlying zone, including restaurants, to
the satisfaction of the Director of Development Services. Interior connections to
the adjacent residence is permissible (live/work), however, the 584 square-foot
commercial suite shall not be used as residential space or for long-term storage
purposes to the satisfaction of the Director of Development Services.
4. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for
review and approved to the satisfaction of the Director of Development Services
and shall be written to the satisfaction of the Director of Development Services and
the City Engineer. The CC&Rs shall include the conditions herein to the
satisfaction of the Director of Development Services and shall be recorded prior to
or concurrent with the final map and shall include, but not be limited to, the
following:
a. The formation of a home owner's association (HOA) with maintenance
responsibilities is required.
b. A Best Management Practices (BMP's) and a Private Driveway and
Drainage Maintenance Agreement to the satisfaction of the City Engineer.
The maintenance and the preservation of drainage and BMP facilities shall
be included.
c. The CC&Rs shall identify and implement the BMP's identified in the
SWQMP prepared for this project and state that the Developer, Current and
Future Property Owners shall comply with the recommendations of the
SWQMP prepared for this project to the satisfaction of the Water Quality
Program Coordinator and the City Engineer. Funding of the long-term
maintenance of all facilities required by the SWQMP shall be included in
the annual HOA budget.
d. The CC&Rs shall include on-going maintenance of landscaping and
irrigation (private and within public right-of-way) of slopes, parkways, open
space and park areas as illustrated on approved landscape and irrigation
plans (Exhibit A). This Exhibit A shall be included in the CC&Rs. All
landscaping shall be well maintained in a healthy growing condition at all
times in substantially the same condition as approved in accordance with
the approved landscape and irrigation plans. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or the street.
The proposed sprinkler heads shall be installed behind the sidewalk, and
Resolution No. P-19-16
Page 27
the irrigation mainline upon private property only, as required by the City.
The HOA or, its successors or assigns, shall remove and relocate all
irrigation items from the public right-of-way at no cost to the City, and within
a reasonable time frame upon a written notification by the City Engineer.
An Encroachment, Maintenance, and Removal Agreement shall be
notarized and recorded prior to recordation of the final map or building
permitting. The City will provide the template for the agreement.
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
Landscape and Irrigation Design Manual. 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 percent of the trees' leaf surface.
e. Street trees along the roadway shall not obstruct the ability of fire apparatus
access and fire department aerial operations. Tree height and type should
be considered in the ultimate landscape design.
f. Immediate removal of graffiti and any other type of offensive debris is
required.
g. The exterior colors and materials shall be substantially consistent with the
color and material board submitted with the application to the satisfaction
of the Director of Development Services. Any modifications to the color
and materials sample board shall be submitted for review and approved to
the satisfaction of the Director of Development Services.
h. Bicycle storage for 44 bicycles shall be accommodated (minimum one per
dwelling unit) for the affordable building to the satisfaction of the Director
of Development Services.
All garage doors shall be automatic roll-up type doors and equipped with
remote control devices.
j. All garages shall be available for required off-street parking (20-foot-wide
by 20-foot-deep interior clear space) at all times except that minor
projections are permissible where it can be found that the projections would
not hinder the placement of a vehicle within the area.
k. All garages shall provide and maintain a minimum of 150 cubic feet of
overhead storage racks to encourage parking within the two-car garages.
No parking is permitted within the private street, pedestrian pathways, or
designated fire lane area at any time. Parking on-site is only permitted
within designated parking spaces and within the dwelling units' garages.
Parking within driveways less than 19 feet in depth is prohibited.
Resolution No. P-19-16
Page 28
m. No on-site parking spaces that are not within a garage shall be assigned.
n. Maintain the drainage facilities and any access easements (where they
occur) on the property.
o. All light fixtures shall be designed, shielded and adjusted to reflect light
downward, away from any road or street, and away from any adjoining
premises.
p. The property shall comply with all performance standards relating to the
generation of noise, glare, dust, and odor.
q. If any fire hydrant is taken "OUT OF SERVICE," the Fire Department shall
be notified immediately and the hydrant marked, bagged, or otherwise
identified as "OUT OF SERVICE" as directed by the Fire Marshal.
r. Designated fire apparatus streets and turn-arounds shall be maintained
accessible and usable by emergency vehicles. Usable conditions include
but are not limited to the following:
An all-weather road surface shall be maintained.
ii. Road shall support imposed loads of fire apparatus at 75,000
pounds.
iii. No parking-fire lane signs shall be repaired or replaced as needed.
iv. Fire lanes shall remain free at all times of any obstruction including
but not limited to: vehicles, storage, debris, etc.
v. Fire lane or hammerhead turn-around shall maintain an
unobstructed width of 20 feet and a minimum 13' 6" vertical
clearance.
vi. Grades exceeding 12 percent shall be concrete with a deep broom
finish perpendicular to the access roadway.
vii. Fire Department approval and conditions are required for fire
apparatus access roads with grades between 10 percent and 20
percent.
viii. All required fire access roads and turn arounds shall have a
minimum 28 foot turning radius or as approved by the fire code
official.
s. Wood burning devices are prohibited.
t. Safety features including fire sprinklers, ignition resistant construction,
smoke and carbon monoxide detectors and fire resistive landscaping shall
be maintained in accordance with California Fire Code, California Building
Code, California Vehicle Code (fire lanes), City Municipal Code and any
other applicable codes.
Resolution No. P-19-16
Page 29
u. All trash and recycling receptacles are required to be within the individual
residences of the proposed planned development at all times, except that
one recycling container and one refuse container per dwelling unit is
permitted directly outside of the individual dwelling unit's garage within ten
hours of the trash pick-up times specified by EDCO waste and recycling
company.
v. Rooftop mechanical equipment, including but not limited to heating, air
conditioning and ventilating equipment, shall be screened so that it may not
be seen from the level of adjacent streets and sidewalks.
w. The use of barbed wire or razor ribbon on any fences, gates, or walls is
prohibited.
x. A lockable gate is permissible at the entrance from the project into
Community Park. The gate shall be provided with panic hardware for
emergency egress into the park and shall retain an openable assembly
during all hours that Community Park is open to the public through an
automatic timer and lock. A visible sign stating the operational hours shall
be posted on the gate to the satisfaction of the Director of Development
Services.
y. Ongoing maintenance of the onsite private sewer and water systems are
required to the satisfaction of the Director of Safety Services and the
Director of Public Works.
z. The CC&Rs shall clearly establish the responsibilities of the individual
home owners and the HOA with regard to the continuing maintenance and
preservation of the project.
aa. The CC&Rs shall give the City the right but not the duty to enter the
premises to do maintenance and levy assessments if the home owners fail
or refuse to maintain said facilities.
bb. Amendments to the CC&Rs that affect any requirement of this resolution
shall require express written consent of the City.
cc. Common open space areas shall be well maintained at all times (e.g., bike
racks, barbeques, tables, landscape, signage, and public art features).
SECTION 7: The approval of TTM19-005 and DR19-004 shall expire December 17,
2021, at 5:00 p.m., unless prior to that time the final map is recorded and,a Building Permit has
been issued and construction has commenced on the property unless prior to the expiration, a
request for a time extension is submitted to the Development Services Department and a time
extension is subsequently granted by the City Council. The final map conforming to this
conditionally approved TTM shall be filed with the City so that the City,may approve the parcel
map before this approval expires.
SECTION 8: 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.
Resolution No. P-19-16
Page 30
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 17th day of December, 2019 by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
0
ATTEST:
71
Faviola MedinpCMC, City Clerk
a