Res 20-002RESOLUTION NO. 20-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 19-010, DEVELOPMENT REVIEW 19-007 AND MINOR
CONDITIONAL USE PERMIT 19-007, A MODIFICATION TO THE
EXPANSION PROJECT INVOLVING POMERADO HOSPITAL,
ASSESSOR PARCEL NUMBERS: 275-461-14 and 275-461-15
WHEREAS, Conditional Use Permit (CUP) 19-010, Development Review (DR) 19-007
and Minor Conditional Use Permit (MCUP) 19-007 submitted by Palomar Health, is a request to
modify a previously approved phased expansion of Pomerado Hospital located at 15615
Pomerado Road in the Hospital Campus (HC) Zone, to retain seven metal container storage units,
two medical mobile units, and an office trailer, to construct a covered ramp leading from the
hospital to the medical mobile units on the east side of the Hospital campus, and to provide
associated screening and landscaping improvements;
WHEREAS, the existing Pomerado Hospital facility was originally approved and
developed prior to City incorporation under entitlements granted by the County of San Diego
under P74-18 on April 19, 1974, for a five -story hospital with up to 300 beds;
WHEREAS, the Pomerado Hospital facility and its entitlements were modified pursuant to
various follow-up approvals granted by the City of Poway: P74 -18M on February 16, 1982
(Resolution No. P-82-07), CUP 85-06 on June 4, 1985 (P-85-30), CUP 85-12/CUP 85-13/Minor
Development Review Application (MDRA) 85-70/DR 85-18 on January 7,1986 (P-86-01 & P-86-
02), CUP 86-11/MDRA86-83 on November 25, 1986 (P-86-82), CUP 92-02 on April 21, 1992 (P-
92-16), P-74-018M2/MDRA 90-51/MDRA 92-39 on September 18, 1990 (P-90-71);
WHEREAS, CUP 92-02M, MCUP 05-05, and DR 04-11, and Variance (VAR) 05-13, and
Tentative Parcel Map (TPM) 05-04 were approved by the City Council on November 29, 2005
(Resolution No. P-05-80) to construct Phase I of a two -phased expansion project for the
Pomerado Hospital, involving a five -story attached addition to the south side of the hospital for
outpatient services, a 1,200 -space parking structure, and temporary central operations plant
structures and a medical mobile unit to be removed when permanent facilities would be completed
as part of Phase I or II;
WHEREAS, CUP 86-11M, VAR 06-12, and DR 14-11R were approved by the City Council
on February 6, 2007, (Resolution No. P-07-03) for Phase II of the Pomerado Hospital expansion
project consisting of a new, five -story, in-patient building attached to the north side of the existing
hospital, an expansion of the diagnostic and treatment services on the south side of the hospital,
and a Conference and Education Center, a remodel of the existing hospital, relocation of the
existing helistop and retention of several central operations plant structures;
WHEREAS, Phase I of the expansion project has been completed but only the relocation
of the helistop has been completed of Phase II and Palomar Hospital has cancelled the remainder
of Phase II. Temporary units to have been removed after Phase I and II remain on the site and
one additional medical mobile unit, five metal storage units, and a maintenance office trailer have
been added without required City approval;
WHEREAS, on January 7, 2020, the City Council held a duly advertised public hearing to
receive testimony from the public, both for and against, relative to CUP 19-010, DR 19-007, and
MCUP 19-007; and
Resolution No. 20-002
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as Class 3 Categorical Exemptions, Section 15303(c) of the CEQA
Guidelines, in that the project involves the addition of structures or units whose combined total
area is less than 10,000 square feet, does not involve the use of significant amounts of hazardous
substances, and the structures are located in an area where all necessary public services and
facilities are available and not surrounded by an environmentally sensitive area.
SECTION 2: The findings for CUP 19-010 and MCUP 19-007, in accordance with
Section 17.48.070 of the Poway Municipal Code (PMC) (Findings required before granting or
altering permit), are made as follows:
A. The proposed location size, design and operating characteristics of the proposed facilities
are in accord with the title and purpose of this title, the purpose of the zone in which the
site is located, the General Plan and the development policies and standards of the City
in that the modification of the previously approved Pomerado Hospital expansion project
is permitted with a modification to the CUP for Pomerado Hospital, and the existing metal
containers, medical mobile units, and office trailer are permitted with the approval of a
MCUP. The metal containers are used for storage of emergency preparedness supplies
and the construction trailer is used for office storage and meetings. The medical mobile
units provide essential support to the hospital.
B. The placement of the trailers and metal containers is consistent in location, size, design
and operating characteristics and scale with surrounding development. All the trailers and
storage containers are placed towards the rear (east) of the hospital building and will be
partially screened from view by existing structures, landscaping or a fence. The medical
mobile units will be removed when permanent facilities can be provided within the existing
hospital building. All structures will be consistent and compatible with and will not
adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or
natural resources.
C. The metal containers, medical mobile units, and office trailer are consistent in scale, bulk,
coverage and density with adjacent uses.
D. There are public facilities, services and utilities available to the site to serve the temporary
units.
E. The metal containers, medical mobile units, and office trailer are sited towards the rear
(east) of the hospital site and will be partially screened by other existing buildings, a fence
or landscaping. The metal containers and office trailers are painted in a color that blends
in with the adjacent buildings and equipment. Therefore, there will be no harmful effect
upon desirable neighborhood characteristics.
F. The metal containers, medical mobile units, and office trailer will not generate additional
traffic and will not adversely impact the capacity and physical character of surrounding
streets and/or the Transportation Element of the General Plan.
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G. The site is suitable for placement of the metal containers, medical mobile units, and office
trailer in that they all support the existing hospital operations on the site.
H. The use involved has no hazardous materials or processes, nor does it significantly affect
natural resources. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources.
I. There are no other relevant negative impacts associated with the modification of Phase II
of the previously approved two -phased hospital expansion project or the keeping of seven
temporary buildings/units.
J. The impacts, as described above, and the location, size, design and operating
characteristics of the uses and the conditions under which they operate or are maintained
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 General Plan.
K. The modification of Phase II of the previously approved hospital expansion project and
keeping of the storage, medical and office units will comply with each of the applicable
provision of the Zoning.
SECTION 3: The findings for DR 19-007, in accordance with the PMC Section 17.52.010
Purpose of DR, are made as follows:
A. The covered accessibility ramp has been designed to be architecturally compatible with
surrounding development in that it will have a color that compliments the adjacent building
exterior and skirting will be provided for the raised ramp. 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 screening, landscape and a compatible architectural design that complements the
colors of the existing hospital building. Also, the area of the improvements is not visible
from the public right-of-way. 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 provide essential
facilities to the hospital and since the facilities are not visible from the public right-of-way.
D. The design and improvements of the proposed facilities are consistent with elements of
the Poway General Plan.
SECTION 4: The City Council hereby approves CUP 19-010, DR 19-007, and MCUP
19-007, as shown on the approved plans, stamped Exhibit A, and dated January 7, 2020 on file
in the Development Services Department, 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
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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
CUP19-010, MCUP-007 and DR19-007) 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 (PMC Chapter 8.08)
requirements that govern construction activity and noise levels.
D. Prior to issuance of any permit or City authorization to Office of Statewide Health Planning
and Development (OSHPD), 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. The project shall comply with all conditions of approval and mitigation measures
established under previous project entitlements unless otherwise modified or superseded
by these Conditions of Approval contained herein as determined by the Director of
Development Services:
G. Condition K.11 in Section 6 on page 22 of Resolution No. P-05-80 is voided.
H. Prior to issuance of any permit or City authorization to OSHPD approval and prior to start
of work, unless other timing is indicated, the following conditions shall be complied with:
(Engineering)
1. Please fill out and submit the "Stormwater Intake Form". The form can be found on
the City of Poway website: https:/lpoway.orci/963/Stormwater-Forms.
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2. Based on the proposed impervious area shown on the current plan, this project is
categorized as a Standard Development Project. Therefore, a Standard Project Storm
Water Quality Management Plan (SWQMP) must be submitted. The Standard
SWQMP form can be found on the City of Poway website:
https://poway.org/963/Stormwater-Forms.
(Planning)
3. Install five planter boxes measuring a minimum of 48 -inches in width and depth east
of the mobile medical units to provide screening and enhance the view of the trailers.
Each planter box shall be planted with a 24 -inch box tree and shrubs of a species that
is acceptable to the Director of Development Services and the Fire Marshal for
purpose of screening, hardiness, and lower fuel hazard. Irrigation shall be provided to
the planters to the satisfaction of the Director of Development Services.
4. Landscape and irrigation plans shall be submitted and approved for the new planter
boxes, trees and shrubs to be added to the site per Exhibit A, and additional
landscaping to be installed after the CT and MRI mobile units have been removed .
The landscape and irrigation plans shall demonstrate compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC, and all
other applicable standards in effect at the time of landscape and irrigation plan check
submittal. This includes but is not limited to the submittal of an irrigation audit report,
pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a
Certificate of Occupancy.
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.
5. Screening of the Central Plant Area and undersides of the medical trailers shall be
installed per the approved plans to the satisfaction of the Director of Development
Services.
6. The metal posts on the ramp shall be painted a color to match the exterior wall color
of the hospital or the color of the railings and skirting of the ramp. A note shall be
placed on the construction drawings approved by OSHPD.
7. Trash enclosures that are architecturally integrated with the project's design concept
and with an architectural cover that complies with Best Management Practices (BMP)
shall be provided for all trash receptacles.
I 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:
1. No exterior generator shall be provided for the temporary mobile medical trailers
without prior City approval and the operation of the generator shall operate in
compliance with City noise standards.
2. All landscaping on-site and within the adjacent public right-of-way, shall be adequately
irrigated, and permanently and fully maintained by the owner at all times in accordance
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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.
3. The site shall be kept free from accumulation of discarded equipment and materials.
4. The mobile computer tomography (CT) scanner unit shall be removed by December
31, 2020 and replaced with landscaping and hardscape within six months to the
satisfaction of the Director of Development Services.
5. The MRI mobile unit and associated covered accessible ramp shall be removed by
December 31, 2025 and replaced with landscaping and hardscape within six months
to the satisfaction of the Director of Development Services. The covered, accessible
ramp shall also be removed at that time.
6. Slats in the fence and gates shall be replaced as needed to the required screening.
7. Gates in the screening fence and trash enclosures shall be open only as necessary
for access and shall include push -to -open assemblies on either side and automatic -
close mechanisms. Locked gates shall include a knox box to the satisfaction of the
Fire Marshal.
8. The driveway and parking lot surface areas and signage shall be well maintained at
all times, and parking spaces shall be restriped where existing striping is not clear.
9. All rooftop mechanical equipment shall be screened from view, including, but not
limited to, the new power building.
10. Fall protection safety fencing shall be provided adjacent to slopes and retaining wall
in accordance with PMC Title 15.
11. The owner or operator of the facilities shall routinely and regularly inspect the site to
ensure compliance with the standards set forth in this Permit.
12. Except for permitted construction activities, all facilities not shown on the approved
plans shall be removed to the satisfaction of the Director of Development Services.
SECTION 5: The approval of CUP 19-010, DR 19-007, and MCUP 19-007, shall expire
January 7, 2022 at 5:00 p.m., unless construction on the property has begun in reliance on this
approval has commenced prior to its expiration.
SECTION 6: 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. 20-002
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PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of January 2020 by the following vote, to wit:
AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Me• ina, MC, City Clerk