Res P-05-36
RESOLUTION NO. P-05-36
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING THE APPEAL AND
APPROVING DEVELOPMENT REVIEW (DR) 04-09
ASSESSOR'S PARCEL NUMBER 317-271-26
WHEREAS, the conditions of approval for DR 04-09, a request to construct a
4,066-square-foot industrial office building on the southwest corner of Dearborn Place and
Gregg Street, located within the Light Industrial (L1) zone of the South Poway Specific Plan
area, were appealed by GRC Electronics Inc., Appellant pursuant to Government Code
Section 66020 of the State Government Code; and
WHEREAS, on May 24, 2005, the City Council considered the merits of the appeal
request relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The project, DR 04-09, Pursuant to Section 15183 of the California
Environmental Quality Act, the certified Final EIR, dated July 30, 1985, and the Final
Subsequent EIR, dated July 26, 1988, for the South Poway Specific Plan, adequately
addresses potentially significant adverse environmental impacts of the proposed
development because it is the construction of a building or buildings designed to be
consistent with the development envisioned with the South Poway Specific Plan. Additional
environmental review for this project is not required.
Section 2: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code
to approve Development Review 04-09, are made as follows:
A. That the project is consistent with the General Plan as it proposes the construction
of an industrial office building and the project is consistent with, and permitted
under, the site's underlying Light Industrial designation. Therefore, the proposed
use respects the interdependence of land values and aesthetics to the benefit of
the City; and
B. That the approved project will not have an adverse affect on the aesthetics, health,
safety, or architecturally related impact upon adjoining properties, because the
intended purpose, conforms to the criteria of the South Poway Development
Standards, and will be compatible with current and future buildings in the vicinity.
Therefore, the proposed design, size, and scale of the industrial office building will
be compatible with and will not adversely affect, or be materially detrimental to
adjacent uses, buildings, structures, or natural resources; and
Resolution No. P-05-36
Page 2
C. The granting of the Development Review would not be materially detrimental to the
public health, safety, or welfare since the proposed use will complete improvements
as deemed necessary; and
D. The approved development encourages the orderly and harmonious appearance of
structures and property within the City in that the project, as conditioned, is
consistent with the general design standards in the South Poway Business Park.
Therefore, the proposed development respects the public concerns for the
aesthetics of development; and
E. The proposed use will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity nor be contrary to
the adopted General Plan; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance, the South Poway Specific Plan and the General Plan.
G. The design and improvements ofthe 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. The construction of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below.
Section 3: The findings, pursuant to Government Code Section 66020 for the public
improvements, are 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. The improvement of public
improvements is needed as a result of the proposed development to protect the
public health, safety, and welfare as identified below:
1. In accordance with the Poway General Plan, the project requires the
payment of sewer, water, traffic mitigation, park, and drainage fees, which
are assessed on a pro-rata basis to finance public infrastructure
improvements, which promote a safe and healthy environment.
Section 4: The City Council hereby denies the appeal and approves Development Review
04-09, to allow the construction of a 4,066-square-foot industrial office building at the
southwest corner of Dearborn Place and Gregg Street, located within the Light Industrial
(L1) zone of the South Poway Specific Plan area, subject to the following conditions.
A. Approval of this request shall not waive compliance with the Zoning Ordinance and
all other applicable City Ordinances in effect at the time of Grading and Building
Permit issuance.
Resolution No. P-05-36
Page 3
B. In lieu of installing sidewalks pursuant to condition D (1 )(a) contained in Section 4 of
this Resolution, and prior to issuance of a Grading Permit or Building Permit,
whichever occurs first, the applicant shall sign and record a covenant against the
title of the property to pay for or install the sidewalk at the City's request. It is
anticipated that such a request would be made when sidewalks are scheduled for
installation along properties adjacent to the subject site. The form of the covenant
shall be to the satisfaction of the Director of Development Services and the City
Attorney.
C. Compliance with the following conditions is required prior to issuance of a Grading
Permit:
(Engineering)
1. Submittal to the City, for review and approval, of precise grading plans,
erosion control plan, Stormwater Pollution Prevention Plan, Grading Permit
application and geotechnical reportls to the Development Services
Department.
2. Grading ofthe project shall be in substantial conformance with the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, City Storm Water Management and Discharge Control
Ordinance, City Standard Urban Storm Water Mitigation Plan (SUSMP), City
Jurisdictional Urban Runoff Management Program (JURMP), and the South
Poway Specific Plan.
3. Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
4. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed.
5. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained from October 1 st to April 30th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicanUdeveloper shall make provisions to
insure proper maintenance of all erosion control devices.
6. The project shall implement one or a combination of storm water Best
Management Practices (BMP's), include Site Design BMP's, Source Control
BMP's, and Structural Treatment BMP's. BMP's shall be made a part of the
Grading Plans are subject to review and approval of the City.
7. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
Resolution No. P-05-36
Page 4
8. The applicant/developer shalt pay the following fees and grading securities:
Grading permit
=
$100.00 per permit
Grading plan check
=
To be determined based on the following
guideline:
If cost of improvement is:
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,00
Over $500,000
= fee is 5% ($500 min,)
= add!. fee of 4% of cost
= add!. fee of 3% of cost
= add!. fee of 2% of cost
= Time and materials (T&M)*
* If project qualifies for T&M, applicant/developer shalt post a deposit, the
amount of which shall be determined by the City. This deposit shall be the
source for the City to draw out amount to pay for plan checking review and
inspection fees.
Grading Inspection = To be determined, same basis as in
grading plan check fee calculation (See above plan check fee guideline).
Geotechnical Reviews = $1,300 (Limited to 1 review of preliminary
soils report and 1 review of compaction report. Additional reviews will be
charged accordingly.
Plan check and inspection fees are to be calculated based on City approved
cost estimates, using City's adopted costs, prepared by the applicant's
project civil engineer.
Stormwater Pollution Plan Check fee
= $500
= $500
Stormwater Pollution Inspection fee
9. The applicant/developer shall post grading securities (either by bond and
cash, letter of credit, or certificate of deposit).
10. City approval of soils report and grading plans.
11. Submittal of a request for and hold a pre-construction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must attend
the pre-construction meeting.
Resolution No. P-05-36
Page 5
(Planning)
12. Complete landscape construction documents shall be submitted to and
approved by the Planning Division. Landscape plan-check fees are required
upon submittal of the plans. Plans shall be prepared in accordance with the
South Poway Development Plan and the City of Poway Guide to Landscape
Requirements (latest edition) and include the following:
a. Street trees, a minimum of 15-gallon size or larger, shall be installed
in accordance with the City of Poway Guide to Landscape
Requirements, and shall be planted at an average of 30 feet on-center
spacing along all streets. If there are existing street trees, which
comply with the standard, no additional trees are required. Existing
street trees are to be shown on the landscape plan.
b. All existing irrigation and landscaping within any designated
Landscape Maintenance District (LMD) and Land Development
Association areas shall be protected.
c. Landscaping adjacent to the project driveways shall comply with the
City's sight distance requirements and shall be maintained as such for
the life of the project. Any existing landscaping that might be
obstructing clear sight distance shall be trimmed or removed.
d. Three (3) sets of plans and the $525 fee must be submitted for the
landscape plan review.
13. Use of recycled water will be required for on-site landscape irrigation. Each
site shall have a designated user supervisor who has attended the San Diego
County Water Authority user supervisor class.
D. Compliance with the following conditions is required prior to construction of public
improvements, unless other timing is indicated:
(Engineering)
1. Submit to the City for review and approval of improvement plans to the
Development Services Department for the following improvements.
However, if public improvement is limited to construction of the concrete
sidewalk along Dearborn Place and Gregg Street, such improvements may
be depicted on the grading plans, subject to City Engineer's approval.
a. Concrete sidewalk - A 5.00-foot wide sidewalk shall be constructed
along the project's street frontage of Dearborn Place and Gregg Street
unless the applicant signs and records a covenant pursuant to
Condition B contained in Section 4 of this Resolution.
b. Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the
Standard Specifications for Public Works Construction and its
corresponding San Diego supplements, the current San Diego
Regional Standard Drawings and the South Poway Specific Plan.
Resolution No. P-05-36
Page 6
c. All new and existing electrical/communication/CATV utilities shall be
installed underground prior to installation of concrete curbs, gutters,
sidewalks and surfacing of the streets. The applicant/developer is
responsible for complying with the requirements of this condition, and
shall make the necessary arrangements with each of the serving
utilities.
d. The locations and sizes of all utility boxes and vaults within street
rights-of-way and the City's public utility easement shall be shown on
the improvement plans.
e. Water main line extension for new hydrants, if required by the City
Fire Marshal.
2. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
a. Improvement plan checking and inspection fees.
b. Performance and payment securities. These securities may be
waived by the City Engineer if a substantial amount of grading is
completed prior to installation of public improvements and there is
sufficient amount of grading securities still held by the City to complete
the remainder of the grading work and public improvements.
c. Right-of-Way and/or Encroachment Permits, if required as
hereupon mentioned.
3. A Right-of-Way Permit Application shall be obtained from the Engineering
Division of the Development Services Department for any work to be done in
public street right-of-ways or City-held easements.
4. No private improvements shall be placed or constructed within public street
right-of-ways or City easements unless anyone of the following is satisfied:
a. An Encroachment Permit has been issued by the City for the
improvements; or
b. An Encroachment Removal Agreement has been executed by the
developer/owner and subsequently approved by the City; or
c. Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private improvements shown to be
constructed.
The City reserves the right to choose any, or all of the above, under certain
circumstances when City deems necessary.
5. The applicant/developer shall cause the dedication of the following
easements to the City:
Resolution No. P-05-36
Page 7
a. An easement, a minimum of 20 feet wide for each new public water
lines, if any, shall be dedicated to the City.
b. An additional 5.00-foot-wide public utility easement contiguous with
the existing 1 O.OO-foot-wide public utility easement along the projects
street frontage of Dearborn Place and Gregg Street.
c. A 15.00-foot wide public pedestrian walkway access easement along
Dearborn Place and Gregg Street. This public pedestrian walkway
access easement will be coterminous with the 15-foot public utility
easement.
6. A processing fee of $1,000 per easement, shall be paid to the City at first
submittal of easement documents for review.
7. Recordation of the easements in the Office of the San Diego County
Recorder may be deferred, with the approval of the City Engineer, prior to
issuance of building occupancy.
(Planning)
8. The locations and sizes of all utility boxes and vaults within street right-of-
ways and the City's public utility easement shall be shown on the
improvement plans. Utility boxes and vaults shall be sited to reduce their
prominence and/or screened with landscaping to the satisfaction of the
Director of Development Services.
E. Prior to issuance of a Building Permit, the applicant shall submit building plans
consistent with the approved project plans on file in the Planning Division (dated
February 23, 2005), as may be amended by these Conditions of Approval. The
following conditions shall be satisfied:
(Engineering)
1. Completion of, and approval by the City of rough grading of the project site.
2. City approval of soils compaction report.
3. City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City-approved designee.
4. A maintenance agreement shall be executed between the applicant and the
City for the applicant to maintain post-construction water quality BMP's.
5. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows, and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water base capacity fee == Prepaid for one one-inch meters'
Resolution No. P-05-36
Page 8
Other meter sizes = Contact Engineering Division
Water meter fee = Prepaid for one one-inch meters*
Other meter sizes = Contact Engineering Division
SDCWA capacity charge = Prepaid for one one-inch meters*
Other meter sizes = Contact Engineering Division
* Additional fees required if water meter is upsized to larger than 1" meter.
Although it is noted as prepaid herein, it shall be subject to verification
prior to Building Permit issuance. If fees are verified to be unpaid, the
fees in effect at Building Permit issuance shall be paid accordingly.
Sewer connection fee = $1,649.20**
** (1.4 x $2,356) - $1,649.20 credit = $1,649.20
(Note: The property has been originally assigned 1.4 sewer EDU's based on
a maximum building area of 8,126 square feet. Although the new building
area to be built is less than the maximum building area allowable, there is no
reduction to the total sewer connection fee.)
Sewer cleanout fee = $50.00 per c1eanout
Sewer c1eanout inspection fee = $25.00 per c1eanout
Traffic mitigation fee = Waived
Drainage fee = None
Park fee = None
(Planning)
6. The plans shall show all new and existing utilities placed underground.
7. Trash receptacles shall be enclosed by a six-foot-high, masonry wall, or
comparably enhanced building material, with view-obstructing gates.
Enhanced exterior treatments to the trash enclosure shall be provided, and
shall be architecturally compatible with the buildings. Locations and exterior
treatments shall be subject to approval by the Planning Division.
8. The colors on the building shall be consistent with the approved colors on file
in the Planning Division.
9. All parking lot landscaping shall include a minimum of one 15-gallon-size tree
for every three spaces. For parking lot islands, a minimum 12-inch-wide walk
adjacent to parking stalls shall be provided, and be separated from vehicular
Resolution No. P-05-36
Page 9
areas by a six-inch-high, six-inch-wide Portland concrete cement curb.
10. All two-way traffic aisles shall be a minimum of 25 feet wide.
11. All parking spaces shall be double striped. The minimum dimensions for
standard-sized parking stalls shall be 8.5 feet x 18.5 feet. The parking lot
design shall comply with the Americans with Disabilities Act for accessible
spaces, with one van-accessible space.
12. Parking lot lights shall be low-pressure sodium, and have a maximum height
of 25 feet from the finished grade of the parking surface, and be directed
away from all property lines, adjacent streets, and buildings on adjacent lots.
13. Any proposed security lighting shall utilize low-pressure sodium fixtures. The
fixtures shall be shielded, with well-defined cut-off limits, to confine
illumination to on-site areas only. Wall mounted security lights shall only be
used on the rear or the interior sides of the buildings.
(Building)
14. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 748-0010, ext. 2089.
E. Compliance with the following conditions is required prior to occupancy and release
of securities:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Dedication of easements to the City for new public water lines, if any, public
utility easement, and public pedestrian walkway access easement.
4. Posting of a warranty bond for the constructed public improvements. The
City Engineer reserves the right to waive this requirement.
5. Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
6. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
7. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
Resolution No. P-05-36
Page 10
8. Approval of this request 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.
9. Prior to any use of the project site, or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to the
satisfaction of the Director of Development Services.
F. Prior to the issuance of a Certificate of Occupancy, the following conditions shall
apply:
1. All landscaped areas shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. The trees shall be encouraged and
allowed to retain a natural form. Pruning should be restricted to maintain the
health of the trees and to protect the public safety. Unnatural or excessive
pruning, including topping, is not permitted.
2. Any signs proposed for this development shall be designed and approved in
conformance with the South Poway Specific Plan Standards.
G. The following improvements shall be constructed to the satisfaction of the Fire
Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
and City of Poway Ordinance No. 64.
2. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be 18 inches on
the front facade of the building. The building address shall also be displayed
on the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Dept. - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to the 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 (PMC).
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The building sprinkler system shall be
designed to meet a minimum 0.45/3000 design density at the roof. Storage
of Class A plastics up to 15 feet shall be protected by a design density of at
Resolution No. P-05-36
Page 11
least 0.60/4000 square feet. if no in-rack sprinklers are to be provided. The
entire system is to be monitored by a central monitoring company. System
double detector check valve assemblies with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to installation. A
padlock shall be required for the fire sprinkler system double detector check
valve assembly. Fire Sprinkler and Underground Fire Service Contractor(s)
installing system(s) shall obtain a copy of the fire departments "Policies for
Automatic Fire Sprinkler Systems".
5. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
6. Fire Department access for use of fire fighting equipment shall be provided to
the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
7. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
8. Minimum 4A:60BC fire extinguishers are required for every 3,000 square feet
and 75' travel distance. A 2A 1 OBC fire extinguisher( s) are required for office
areas every 3,000 square feet and 75 feet of travel distance.
9. Prior to delivery of combustible building material on-site. water and sewer
systems shall satisfactorily pass all required tests, and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
10. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior
access man door. The door shall be labeled with a sign indicating "Fire
Sprinkler Riser". When the closet method is chosen, the applicant shall
provide 36 inches of clearance from the standpipe or attached additional
risers, accessible by a 3'-0" man door.
11. For any roofing that requires "hot work" a permit shall be obtained from the
Fire Department prior to the start of roofing. Provide notes on plans.
Section 5: This Development Review Application 04-09 shall expire on May 24,2007, at
5:00 p.m. unless a Building Permit has been issued and construction or use of the property
in reliance on this permit has commenced prior to its expiration.
Resolution No. P-05-36
Page 12
Section 6: Pursuant to Government Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on May 24, 2005.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 24th day of May 2005.
ATTEST:
L~~C~
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty
of perjury, that the foregoing Resolution No. P-05-36, was duly adopted by the City Council
at a meeting of said City Council held on the 24th day of May 2005, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
X~~
L. Diane Shea, City Clerk
City of Poway