Res P-05-59
RESOLUTION NO. P-05-59
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-13M(4) AND
DEVELOPMENT REVIEW (DR) 05-08
ASSESSOR'S PARCEL NUMBER 277-170-06
WHEREAS, CUP 90-13M(4) and DR 05-08 were submitted by Sunroad Enterprises,
Applicant, to modify the existing CUP for the Maderas Golf Club to allow continued use of
temporary structures and receive approval to construct an approximate 7,500-square-foot
permanent events and office building that will replace the temporary structures on the site
located at 17750 Old Coach Road, in the Planned Community zone, and;
WHEREAS, on September 6, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The proposed project was addressed in, and is within the scope of the Final
Environmental Impact Report (EIR) for the Old Coach Golf Estates project certified by the
City Council in May 1990 (State Clearing House Number 90010015). No additional
environmental review is necessary.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (P.M.C.) for CUP 90-13M(4) concerning the extended use of temporary structures at
the site are made as follows:
A. The proposed location, size, design, and operating characteristics of the temporary
structures are in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the General Plan, and the
development policies and standards of the City in that the facility has been designed
such that it will not result in impacts to the surrounding community.
B. The location, size, design, and operating characteristics of the temporary structures
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, residents, buildings, structures, or natural resources in that the facility
has been designed and sited such that it will not result in impacts to the surrounding
community.
C. The temporary structures are in harmony with the scale, bulk, coverage, and density
of, and are consistent with, adjacent uses in that the structures are located on a
commercial golf course project.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the structures.
Resolution No. P-05-59
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the temporary structures have been designed, sited, and
screened such that it will not result in an impact to the surrounding community.
F. The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan.
G. There will not be significant harmful effects upon environmental quality and natural
resources in that the temporary structures are located on a developed property and
do not involve the removal of natural habitat resources.
H. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the temporary structures will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in that
the facility has been designed and sited such that it will not result in any adverse
impacts.
Section 3: The findings, in accordance with Section 17.52 ofthe Poway Municipal Code,
for Development Review 05-08 for the construction of a 7,500 square foot events building on
the site are made as follows:
A. The building has been designed to comply with all City development standards.
It will not create a negative visual impact as viewed from the street and neighboring
properties. Proposed landscaping will soften the building from such views. Exterior
building colors and materials will help the building blend in with surrounding
development. Therefore, the building respects the interdependence of land values
and aesthetics to the benefit of the City.
B. The building has been designed to comply with all City development standards and
designed to be in character with existing development in the area. Therefore, the
proposed use does not conflict with the orderly and harmonious appearance of
structures and property within the City along with associated facilities, such as, but
not limited to, signs, landscaping, parking areas and streets.
C. There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. The project will otherwise conform to all
City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property throughout
the City.
D. The building is designed to be consistent in design with surrounding development.
Therefore, the proposed development respects the public concerns for the aesthetics
of developments.
Resolution No. P-05-59
Page 3
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposal does not have an adverse aesthetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
Section 4: The City Council hereby approves CUP 90-13M(4) amending the existing
CUP for Maderas Golf Club to allow continued use of temporary structures and approves
DR 05-08 for the construction of an approximate 7,500-square-foot events building, as
shown on plans dated July 21,2005, to replace the temporary structures on the site located
at 17750 Old Coach Road, in the Planned Community zone, subject to the following
conditions:
A. All prior Conditions of Approval and mitigation measures shall apply from CUP 90-13,
DR 98-35, TPM 92-04 and Specific Plan 89-01.
B. Approval of this CUP and DR request shall apply only to the subject project and 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.
C. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all Conditions of Approval have been read and understood; and (2) the property
owners shall execute a Covenant Regarding Real Property.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The applicant shall obtain a Building Permit for the building approved under DR 05-08
by June 1, 2006. Construction of the building shall commence by September 30,
2006. If either of these deadlines is not met, the temporary structures on the site shall
be removed immediately. If both of these deadlines are met, the temporary structures
shall be permitted to remain on the site until the issuance of a Certificate of
Occupancy for the new building.
F. Prior to Grading Permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following. (NOTE: Because of the absence of
adequate development plans for conditioning of this project to make a determination
whether a Grading Permit is required, it is hereby assumed as needed unless the
applicant can prove to the City that the project falls under the EXCEPTIONS for
permit requirement under Section 16.42.010 of the Poway Municipal Code. If the
project is found exempt from a Grading Permit requirement, a precise grading plan is
not required. However, all other conditions still apply.)
Resolution No. P-05-59
Page 4
(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 of the project shall be in accordance with the Uniform Building Code,
City Grading Ordinance, City Storm Water Management and Discharge
Control Ordinance, and Standard Urban Storm Water Mitigation Plan.
3. 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.
4. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure proper maintenance of all erosion control devices.
5. A storm water management plan shall be prepared. The plan shall identify the
measures that will be used for storm water and non-stormwater management
during the permitted activity.
6. A Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
7. The applicant/developer shall pay the following fees and grading securities:
a. Grading permit, plan checking, inspection, Right-of-Way Permit (if
needed), and geotechnical review fees. The Grading Permit fee shall
be paid at first submittal of grading plans.
b. Posting and/or payment of grading securities.
8. City approval of soils report and grading plans.
9. 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-05-59
Page 5
(Planning)
10. A detailed site plan, prepared pursuant to the City's site plan preparation
standards included in the checklist, and the concept site plan approved under
DR 05-08, shall be prepared and submitted for review and inclusion into the
project file.
G. Prior to construction of public improvements, unless other timing is indicated, the
applicant/developer shall complete the following. (NOTE: Because of the absence
of adequate development plans for conditioning of this project, to make an accurate
determination whether construction of public improvements is required it is assumed
herein, that additional fire hydrants shall be installed when deemed necessary by the
City Fire Marshal. Additional fire hydrantls installation shall include, but not limited to,
extension of the water main and construction of appurtenant devices.)
(Enqineerinq)
1. Submittal of improvement plans to the Development Services Department for
review and approval of the following improvements. (NOTE: If there are no
public improvements to be required, then this condition does not apply.)
a. Fire Hydrant/s - to be installed at locations detenmined by the City Fire
Marshal.
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, and the current San Diego Regional Standard
Drawings.
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 works and public improvements.
c. Right-of-Way and/or Encroachment Permits, if required as hereupon
mentioned.
3. 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,
Resolution No. P-05-59
Page 6
project civil engineer and project soils engineer must attend the pre-
construction meeting.
4. A Right-of-Way Penmit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
5. No private improvements shall be placed or constructed within public street
rights-of-way 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.
H. Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be satisfied:
(Planning)
1. A building materials and color board shall be submitted and approved.
Materials and colors shall be muted earth tones and shall be compatible with
existing Clubhouse and residences in the vicinity.
2. A detailed landscaping and irrigation plan, and plancheck fees, shall be
submitted and approved.
(Engineering)
3. Completion of and approval by the City of rough grading of the project site.
4. City approval of the soils compaction report.
5. City approval of a certification of line and grade. The certification shall be
prepared by the projects civil engineer or City-approved designee.
6. 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
Resolution No. P-05-59
Page 7
without further notice. The amounts to be paid shall be those in effect at time
of payment.
Water base capacity fee (if new and/or additional water meter is to be
installed)
For %" meter
For 1" meter
For 1 y," meter
Other meter sizes
= $ 3,710.00 per meter
= $ 6,678.00 per meter
= $10,388.00 per meter
= Contact Engineering Division
Water meter fee (if new and/or additional water meter is to be installed)
For %" meter = $ 130.00 per meter
For 1" meter = $ 270.00 per meter
For 1 y," meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA System capacity charge (if new and/or additional water meter is to
be installed) - To be paid by separate check, payable to San Diego County
Water Authority, but remitted through the City of Poway.
For %" meter = $ 3,985.00 effective 8-1-05
For 1" meter = $ 6,376.00 effective 8-1-05
For 1 y," meter = $11,955.00 effective 8-1-05
Other meter sizes = Contact Engineering Division
SDCWA Treatment capacity charge (if new and/or additional water meter is
to be installed) - To be paid by separate check, payable to San Diego County
Water Authority but remitted through the City of Poway.
For %" meter = $153.00 per meter, effective 8-1-05
For 1" meter = $245.00 per meter, effective 8-1-05
For 1Y>" meter = $459.00 per meter, effective 8-1-05
Other meter sizes = Contact Engineering Division
Sewer connection fee
= $7,651.68* (for 3.8 EDU)
* (3.8 EDU x $3,356 per EDU) - (40% x 3.8 x $3,356) = $7,651.68
Where: 3.8 EDU = 7,500 SF + 2,000 SF (EDU is rounded to nearest
tenth)
7,500 SF is building area
2,000 SF of building area is 1 EDU
40% represents prior payment made in sewer reservation by
others
Resolution No. P-05-59
Page 8
Sewer Indirect Benefit Fee = $4,800.00"
.. ($500 x 9.6 EDU) = $4,800.00
Where: $500.00 Indirect benefit charge per EDU
9.6 EDU = 3.8 for the 7,500 SF events building + 5.8 EDU
shortage for the approval of CUP 90-13(M), DR 98-35 and
VAR 99-12, Resolution No. P-00-03. The Indirect Benefit fee
for 5.8 EDU was not collected in conjunction with previous
project entitlement.
Sewer cleanout fee
= $50.00 per c1eanout (if new lateral is installed)
Sewer c1eanout inspection fee = $25.00 per cleanout
Traffic mitigation fee
= None
Drainage fee
= None
Park fee
= None
7. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in effect
at the time of Electrical/Building Permit issuance.
8. School impact fees shall be paid at the rate established at the time of Building
Permit issuance. Please contact the Poway School District for additional
information at (858) 679-2570.
I. Prior to City's approval for occupancy and release of securities, unless other timing is
indicated, the following conditions shall be satisfied:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Dedication of a 20.00-foot wide easement to the City for new public water
lines, if any. A $1,000.00 processing fee shall be paid to the City for each new
easement dedication.
4. A Maintenance Mechanism Agreement for maintenance of all storm water
BMPs (Best Management Practices), satisfactory to the Director of
Development Services, shall be prepared and subsequently recorded.
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Page 9
5. Posting of a warranty bond for the constructed public improvements. The City,
however, reserves the right to waive this requirement under appropriate
circumstances.
6. Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
7. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
8. 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.
J. The following shall be provided to the satisfaction of the Director of Safety Services:
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 six inches on
the front facade of the building. 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 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.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring company. Double detector check valve assembly and
system post indicator valve(s) with tamper switches shall also be monitored.
These fire protection devices shall be located by the City Fire Marshal prior to
installation.
5. An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
Resolution No. P-05-59
Page 10
6. A hood and duct extinguishing system may be installed for all cooking facilities
within the kitchen area. Plans to be submitted and approved, prior to
installation.
7. A 'Knox' Security Key Box shall be required for the building at a location
detennnined by the City Fire Marshal.
8. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
9. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
10. If an elevator is installed, it shall be sized to accommodate a normal hospital
gurney. Minimum dimensions for the inside car platform shall be 6'8" wide by
4'3" deep.
11. The addition of an on-site fire hydrants may by be required. The location of
the hydrants shall be determined by the City Fire Marshal.
12. 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. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
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 3'-0" man door.
J. Upon establishment of the private school, pursuant to CUP 04-06, the following shall
apply:
(Planning)
1. The facility shall be operated in such a manner as to minimize any pOSSible
disruption caused by noise. At no time shall equipment noise from any source
exceed the noise standards contained in the Poway Municipal Code. No
loudspeaker sound amplification system shall be used outside the building.
2. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
3. The parking areas, driveways and landscape areas shall be well maintained.
Resolution No. P-05-59
Page 11
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of September 2005.
ATTEST:
~,e~
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. P-05-59 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of September 2005, and that it was
so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
ane Shea, City Clerk
City of Poway