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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 Resolution No. 20-001 Page 4 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. Resolution No. 20-001 Page 5 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 Resolution No. 20-001 Page 6 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. Resolution No. 20-001 Page 7 (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. Resolution No. 20-001 Page 8 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. Resolution No. 20-001 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 Resolution No. 20-001 Page 10 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. Resolution No. 20-001 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