Res 20-001RESOLUTION NO. 20-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
19-003 FOR THE CONSTRUCTION OF A 99,895 SQUARE -FOOT
SELF -STORAGE BUILDING CONTAINING THREE STORIES
AND TWO LEVELS OF UNDERGROUND BASEMENTS ON
PROPERTY LOCATED AT 12183 KIRKHAM ROAD WITH A LAND
USE DESIGNATION OF LIGHT INDUSTRIAL IN THE SOUTH
POWAY SPECIFIC PLAN AREA. ASSESSOR PARCEL NUMBER:
317-270-23
WHEREAS, the City Council considered Development Review (DR) 19-003; a proposed
self -storage building containing three stories and two levels of underground basements with
related public improvements (Project) on property located at 12183 Kirkham Road with a land use
designation of Light Industrial (LI) in the South Poway Specific Plan (SPSP) area;
WHEREAS, on January 7, 2020, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to DR19-003 and associated
Specific Plan Amendment (SPA) 19-001; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
Project, including the attachments, 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: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the SPSP, and was certified on
July 30, 1985, and the Final Subsequent EIR was certified on July 26, 1988. The SPSP EIR
analyzed the potential impacts of the proposed build out of the SPSP area in the manner permitted
by the Specific Plan. The proposed DR is consistent with the SPSP and conforms with the
requirements, development standards and guidelines therein, and, therefore, as set forth in
Chapter 10, Section VIII of the SPSP, no further environmental analysis is required because the
Project's impacts have already been analyzed, and are fully covered by the previously certified
EIR. There are no significant changes proposed that would require subsequent or supplemental
environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines
sections 15162 and 15163.
SECTION 2: The City Council finds the proposed Project is consistent with the SPSP
generally, including the LI land use designation.
SECTION 3: The findings for DR19-003, in accordance with the Poway Municipal Code
(PMC) Chapter 17.52.010 Purpose of Development Review, are made as follows:
A. The Project is consistent with the SPSP and the Poway General Plan in that the proposed
Project has been designed to comply with all City site development standards.
B. The approved Project will not have an adverse aesthetic, health, safety, or architecturally -
related impact upon adjoining properties, in that the design of the building for the intended
Resolution No. 20-001
Page 2
purpose conforms to the criteria of the SPSP Development Standards, and will be
compatible with current and future buildings in the vicinity.
C. The approved Project 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 SPSP.
SECTION 4: 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.
SECTION 5: The City Council hereby approves DR19-003, in association with SPA19-
001, as shown on the approved plans incorporated by reference herein as shown on the approved
plans stamped as "Exhibit A", and dated January 7, 2020 on file in the Development Services
Department except as noted 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
DR19-003) 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
Resolution No. 20-001
Page 3
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, 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 approval of DR19-003 does not become effective until the ordinance approving
SPA19-001 is effective.
G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading
Permit. Compliance with the following conditions is required prior to issuance of the
Grading Permit:
(Engineering)
1. Submit a precise grading plan for the development of the lot 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 Department of Development Services
Engineering Division for review and approval. 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.
2. Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the grading plan and
be appropriately sized for the proposed level of development.
3. The grading plans shall reflect a minimum two percent grade away from the building
in all areas including the loading dock.
4. A drainage study addressing the impacts of the 100 -year storm event prepared by a
licensed Civil Engineer is to be submitted and approved. The study shall evaluate
existing and proposed hydrologic and hydraulic conditions to the satisfaction of the
City Project Engineer.
5. Water Quality Control — Design and Construction
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 Final Storm Water Quality
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Management Plan (SWQMP) prepared by a registered Civil Engineer is to be
submitted and approved.
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC, and a signed PDF version.
b. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural Best
Management Practice 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.
c. Construction Storm Water Management Compliance: The Project proposes to
disturb an area greater than one acre. 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).
6. Grading securities shall be posted with the City prior to grading plan approval per
section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all
instances.
7. Erosion control shall be installed and maintained by the developer from October 1 to
April 30 annually. The developer shall maintain all erosion control devices throughout
their intended life.
8. The applicant shall pay the storm water pollution inspection fee according to the latest
adopted master fee schedule.
9. All applicable easement dedications are to be recorded.
10. Any existing and proposed public easements shall be depicted on the grading plans.
The proposed public easement dedications shall be submitted prior to grading permit
issuance.
11. 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 approved and executed prior to
grading permit issuance.
12. All existing and proposed utilities are required to be installed underground.
13. 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 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.
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14. 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.
15. 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.
(Planning)
16. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A
separate permit is required for trees within the public right-of-way and trees located on
private property. The removal of both public and private trees shall conform to Chapter
12.32 (Urban Forestry) Articles II and III of the PMC. If the trees are proposed to be
removed during the recognized nesting season for birds (February 15 through 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.
17. Landscape and irrigation on-site and within the right-of-way fronting the property shall
be provided in accordance with the SPSP and the Poway Landscape and Irrigation
Design Manual. Plans shall be submitted and a minimum of one staff review shall be
completed prior to issuance of a grading permit. The landscape and irrigation plans
shall demonstrate compliance with the City of Poway Landscape and Irrigation Design
Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of
landscape and irrigation plan check submittal. The landscape and irrigation plan
submittal is 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 adjacent public right-of-way shall be permanently and
fully maintained by the owner.
All existing irrigation and landscaping within any designated Landscape Maintenance
District (LMD) and Land Development Association (LDA) areas shall be protected to
the greatest extent possible. Any LMD and LDA areas to be disturbed shall be shown
on the landscape plans. These disturbed areas shall be restored per the previously
approved landscape plans or proposed revisions shall be part of this landscape plan
review.
18. Use of recycled water will be required for on-site landscape and irrigation. Each site
shall have a designated user supervisor who has attended the San Diego County
Water Authority's user supervisor class. The County of San Diego Department of
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Environmental Health will assess fees for the following activities:
a. Site Plan Check
b. Shut Down Test **
c. Title 22 Inspection
$400 avg. costs*
$320 avg. costs*
$ 80 avg. costs*
* Based on full cost recovery, actual fee amount may vary.
** Shut down test is required at initial installation and at least every four (4) years
intervals on sites with both recycled and potable water.
(Public Works)
19. Applicant shall provide detailed plans associated with deep shoring process to include
mitigation of ground water into storm drain system and horizonal boring to pin shoring
planks.
H. Prior to building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. 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
shall be in accordance with the Uniform Building Code, the City Grading Ordinance,
the approved grading plan, the approved soils report, and grading practices
acceptable to the City.
2. 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 civil
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 by the City.
3. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request 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.
4. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
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(Planning)
5. Trash receptacles shall be enclosed by a six -foot -high masonry wall, with view -
obstructing gates, and shall provide an area for recyclable materials. 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.
6. All roof appurtenances, including air conditioners, shall be architecturally integrated,
screened from view, and sound -buffered from adjacent properties and streets as
required by the Planning Division.
7. The applicant shall comply with the latest adopted construction related codes, and all
other applicable codes and ordinances in effect at the time of Building Permit issuance.
8. The colors and materials on the building shall be consistent with the approved colors
on file in the Planning Division.
9. All two-way traffic aisles shall be a minimum of 25 -feet wide.
10. All parking spaces shall be double striped. The minimum dimensions for standard -
sized parking stalls shall be eight -foot six -inches x 18 -foot six -inches per the SPSP.
The parking lot design shall comply with the Americans with Disabilities Act for
accessible spaces, with one van -accessible space.
11. Parking lot lights, wall mounted lights and landscape accent lights shall be required
and shielded per the SPSP and PMC standards. Wall -mounted security lights shall
only be used on the rear or interior sides of buildings.
12. All parking stalls shall observe a minimum 25 -foot setback from the right-of-way.
13. Signs shall be proposed and approved under separate permits.
14. The landscape and irrigation plans on-site and within the right-of-way fronting the
property shall be approved in conformance with the City's Landscape and Irrigation
Design Manual.
I. Compliance with the following conditions is required prior to occupancy and release of
securities:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the Project
shall be installed underground. No extension of overhead utilities shall be permitted.
2. The stormwater facilities shall be complete and operational prior to occupancy.
3. The drainage facilities, driveway, slope planting measures, and all utility services shall
be installed and completed by the property owner and inspected and approved by the
Engineering Inspector. All new utility services shall be placed underground.
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4. An adequate drainage system shall be provided around the new building pad capable
of handling and disposing all surface water to the satisfaction of the Engineering
Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage
to public improvements caused by construction activity from this Project.
6. After completion of all work, record drawings, signed by the engineer of work, shall be
submitted to Development Services for review prior to a request of occupancy, per
PMC Section 16.52.130(B) of the Grading Ordinance. Approval of record drawings is
required prior to issuance of occupancy and release of grading securities. Initial
submittal of record drawings at least three weeks prior to a request for occupancy is
recommended.
(Planning)
7. 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.
8. Landscaping and irrigation on-site and within the right-of-way fronting the property
shall be installed per the approved landscape plans.
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.
(Public Works)
10. The existing recycled irrigation at the rear slope must be properly altered, repaired or
abandoned with approval of association responsible for irrigation system. A cross -
connection test must be performed and passed prior to occupancy. Applicant will incur
all costs associated with cross -connection testing. New irrigation system shall be
highlined with potable water until cross -connection tests are complete and the site is
approved to operate recycled water for irrigation.
J. Upon occupancy the following conditions shall apply:
1. All landscaped areas on-site and within the right-of-way fronting the property 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 fences, walls or signs proposed for this development shall be designed and
approved in conformance with the SPSP and to the satisfaction of the Director of
Development Services.
3. Uses established on the subject property shall comply with all zoning/SPSP standards
applicable to the property for the life of the Project.
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Page 9
K. The following conditions shall be complied with 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.
2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
3. Fire apparatus access roads shall have an unobstructed, improved width of not less
than 20 feet. In most cases, the City of Poway construction standards for streets
(Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall
apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire
apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus not less than 75,000 -pounds with an approved paved surface
as to provide all-weather driving capabilities. 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.
4. 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.
5. The 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 Director of Safety Services, and meeting Sheriff Department-
ASTREA criteria.
6. The building is required to be equipped with an approved fire sprinkler system
according to PMC requirements. The fire sprinkler system shall be designed to meet
minimum design density at the roof per NFPA 13 requirements. The system is
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. Two separate plan submittals to the Fire
Department will be required, one for the fire service underground and a second for fire
sprinkler design. A water analysis is required.
7. The building is required to be equipped with an approved Class 1 automatic wet fire
protection system according to PMC requirements. The standpipe system shall be
installed according to NFPA 14. A plan submittal to the Fire Department is required.
8. Fire sprinkler riser(s) shall be located within ten feet of an exterior exit man door or
shall be located inside an enclosed closet with an exterior access man door. Door
shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method
is chosen, applicant shall provide 36 inches of clearance from the standpipe or
attached additional risers, accessible by a three-foot man door.
9. 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
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connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or
TEST CONNECTION or a combination thereof as applicable. Where the Fire
Department connection does not serve the entire building, a sign shall be provided
indicating the portions of the building served.
10 A properly licensed contractor shall install an automatic fire alarm system to approved
standards according to the PMC. The system shall be installed according to NFPA
72. Duct detectors shall be tied into system over 2,000 cfm total. The system shall
be completely monitored by a UL listed central station alarm company or proprietary
remote station. A plan submittal to the Fire Department is required.
11. A `Knox' Security Key Box shall be required for the building at locations determined by
the City Fire Marshal.
12 A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet
and 75 feet of travel distance.
13. At least one elevator shall be sized at a minimum to accommodate a normal hospital
gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size
standards per the California Building Code.
14. All automatic gates across fire access roadways and driveways shall be equipped with
approved, emergency, key -operated switches overriding all command functions and
opening gates. Dual -keyed or dual switches shall be provided to facilitate access by
law enforcement.
SECTION 6: The approval of DR19-003 shall expire January 7, 2022, at 5:00 p.m.,
unless prior to that time 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.
SECTION 7: 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.
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Page 11
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
ATTEST:
Faviola M
.V MC, City Clerk
Steve VVaus, Mayor