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Res P-06-03 RESOLUTION NO. P-06-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05-05 AND DEVELOPMENT REVIEW 05-07 ASSESSOR'S PARCEL NUMBER 323-481-08 WHEREAS, Conditional Use Permit (CUP) 05-05 and Development Review (DR) 05-07 were submitted by Ocean Park Hotels Inc, requesting approval to construct a 3-story hotel with a maximum height of 35 feet, having up to 111 rooms, 2,400 square feet of meeting space, and a separate 5,700-square-foot, sit-down restaurant (to be constructed by others), on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, within the South Poway Planned Community zone. The land use designation of the site is South Poway Commercial; and WHEREAS, on January 17, 2006, 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 City Council has considered the Environmental Initial Study (EIS) and Negative Declaration (ND) prepared for the project pursuant to the California Environmental Quality Act (CEQA). The subject EIS and ND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment and that the ND reflects the independent judgment and analysis of the City. The City Council hereby approves the ND. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the approval of Conditional Use Permit 05-05 for the development of a 3-story hotel having up to 111 rooms, 2,400 square feet of meeting space, and a separate 5,700-square-foot, sit-down restaurant, on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, are made as follows: A. The size and design of the hotel and restaurant are appropriate for the use and location and is a permitted use in an area having a land use designation of South Poway Commercial with the approval of a Conditional Use Permit. Therefore, the proposed location, size, design and operating characteristics of the hotel and restaurant are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose ofthe zone in which the site is located, the City General Plan, the South Poway Specific Plan and the development policies and standards of the City. Resolution No. P-06-03 Page 2 B. The hotel and restaurant have been designed to comply with the South Poway Development Standards and will be consistent with surrounding development. Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources. C. The hotel and restaurant will meet standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. There are public facilities, services and utilities available to the site. E. The hotel and restaurant have been designed to comply with the South Poway Standards and the use will be compatible with surrounding development. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The hotel and restaurant use will not result in a significant impact on the character or the intensity of the transportation system in the vicinity and is found to be consistent with the Circulation Element of the General Plan. G. The hotel and restaurant use is allowable on land designated as South Poway Commercial, and the property is located in an area with suitable circulation and other infrastructure. The surrounding development is compatible with a hotel use. Therefore, the site is suitable for the hotel. H. The use involves 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 of the proposed use that cannot be mitigated. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use, and the conditions under which it would be operated or 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 adopted General Plan or the South Poway Specific Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code with regard to current development standards. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for Development Review 05-07 for the construction of a 3-story hotel with a maximum Resolution No. P-06-03 Page 3 height of 35 feet, having up to 111 rooms, 2,400 square feet of meeting space, and a separate 5,700-square-foot, sit-down restaurant, on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, are made as follows: A. The hotel and restaurant have been designed to comply with the development standards of the South Poway Specific Plan. 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 hotel blend in with the surrounding development. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The hotel and restaurant have been designed to comply with the development standards of the South Poway Specific Plan and 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 hotel and restaurant are designed to be consistent in design with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of developments. 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. F. The proposed project will comply with all of the provisions of the Zoning Ordinance, the South Poway Specific Plan, and the General Plan. Section 4: Pursuant to Government Code Section 66020, the public improvements for Conditional Use Permit 05-05 and Development Review 05-07 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the South Poway Specific Plan, as well as City Ordinances, because all necessary services and facilities are available to serve this project. The payment of sewer fees is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: Resolution No. P-06-03 Page 4 1. The project requires payment of sewer fees, which are assessed on a pro- rata basis to finance and provide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. 2. The project also requires the offer of a dedication of property for a public right-of-way in the driveway areas, which allows for optimum future circulation to promote a safe and healthy environment for the City. Section 5: The City Council hereby approves Conditional Use Permit 05-05 and Development Review Permit 05-07, a proposal to construct a 3-story hotel with a maximum height of 35 feet, having up to 111 rooms, 2,400 square feet of meeting space, and a separate 5,700-square-foot, sit-down restaurant, as shown on the plans dated July 20, 2005. The project is located on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, within the South poway Commercial zone. The approval is subject to the following conditions: A. Approval of this Conditional Use Permit request shall apply only to the subject project and existing uses, 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. B. Within 30 days of the date of this approval, the applicant shall submit in writing that all Conditions of Approval have been read and understood. Within 30 days of the transfer of the title of the property from the Poway Redevelopment Agency to the developer/applicant, the new property owners shall execute a Covenant Regarding Real Property, which states that the applicant must abide by the conditions contained in this Resolution. C. 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 commercial uses. D. The conditions of this CUP shall remain in effect for the life of the project and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. Conditional Use Permit 05-05 may be subject to annual review, as determined by the Director of Development Services, for compliance with the Conditions of Approval and to address concerns that may have been raised during the prior year. F. All construction activity on the project site, including equipment preparation, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 7:00 p.m. on Saturdays. Resolution No. P-06-03 Page 5 G. Should the subject property be subdivided, reciprocal access and shared parking agreements shall be ensured prior to approval of the Final Map, to the satisfaction of the Director of Development Services. H. The hotel developer shall be responsible for all grading and improvements on the hotel site, as it may be subdivided, to be conveyed to the developer via a sales transaction governed by a City Council approved Disposition and Development Agreement. The responsibility for grading and improvements on the restaurant site shall be the responsibility of the City, or the responsibility of a separate restaurant developer, as may be assigned by the City. The hotel developer and restaurant developer shall work with the City to coordinate appropriate connections between the hotel and restaurant site, as the site may be subdivided, ensuring all parking areas, drive aisles, and landscaping designs and improvements are consistent in appearance and quality. I. Approval of CUP 05-05 and DR 05-07 does not include sign approval. Any signs proposed for this development shall be designed and approved in conformance with the South Poway Specific Plan Standards and the Sign Ordinance of the Poway Municipal Code. Freestanding signs are required to observe a minimum 35-foot setback from Scripps Poway Parkway. In addition, a freestanding sign that is greater than 30 inches in height is required to observe a minimum 40-foot sight line setback from a road intersection. Additional setback maybe required for traffic safety purposes, as determined by the City Traffic Engineer. J. Within 30 days from City Council approval of this Conditional Use PermiU Development Review, the applicanUdeveloper shall apply for a Letter of Availability (LOA) to reserve additional sewer availability for 112 Equivalent Dwelling Units (EDU's) to the 11.5 EDU's that were previously reserved for Lot 22 of Parkway Business Center, Unit 2, and make payment to the City of a non-refundable reservation fee of $52,774.40, which is equal to 20% of the appropriate sewer connection fee in effect at the time the LOA is issued. K. The applicant shall obtain a Grading Permit. Compliance with the following is required prior to issuance of a Grading Permit: (Engineering) 1. Submittal to the City, for review and approval, of precise grading plans, erosion control plan, Storm Water Pollution Prevention Plan, Grading Permit application, and geotechnical reportls to the Development Services Department. 2. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Resolution No. P-06-03 Page 6 Ordinance, Standard Urban Stormwater Mitigation Plan, and the South Poway Specific Plan. 3. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. 4. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. 5. All driveway approaches to the development shall be with alley-type curb returns. 6. 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 applicanUdeveloper shall make provisions to insure proper maintenance of all erosion control devices. 7. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared. The SWPPP shall provide the erosion, sedimentation and pollution control measures to be used during construction. 8. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe Development Services Department for any work to be done in public street rights-of-way or City-held easements. 9. The applicanUdeveloper shall pay the following fees and grading securities: a. Grading Permit, plan checking, inspection, Right-of-Way Permit, 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. 10. City approval of soils report and grading plans. 11. Submittal of a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicanUdeveloper 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. (Planning) 12. All two-way traffic aisles shall be a minimum of 25-feet wide. Resolution No. P-06-03 Page 7 13. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. Parking stalls that are parallel to the street shall observe a minimum 40-foot setback from the right-of-way. 14. The grading plan shall show and note all required parking. All parking spaces shall be double striped. The minimum dimensions for standard sized parking stalls shall be 8.5' x 18.5'. The percentage of parking spaces that are compact shall comply with City standards. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces. 15. The grading plan shall show, at parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls. It shall also depict wheel stops where overhanging vehicles would reduce the minimum required planter dimensions. 16. The grading plan shall indicate to location of the project's required trash enclosure(s) area. The area shall be of an adequate size to accommodate recycled material collection/containers in addition to the trash dumpster. 17. Use of recycled water will be required for on-site landscape irrigation, except for areas around the pool, spa and other courtyard areas. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority user supervisor class. County of San Diego Department of Environmental Health will assess fees for the following activities: . Site Plan Check -- $400.00 average costs* . Shut Down Test** -- $320.00 average costs* . Title 22 Inspection -- $ 80.00 average costs *Based on full cost recovery; actual fee amount may vary **Shut down test is required at initial installation and at least every four years on sites with both recycled and potable water 18. Complete landscape construction documents (and plan check fee) shall be submitted for all areas of new construction. Plans shall be prepared in accordance with the Poway Zoning Code, and Guide to Landscape Requirements, and shall include, but not be limited to, the following: a. Landscaping for all newly manufactured and disturbed slopes greater than a 5:1 slope. b. Street trees, per the above landscape requirements, at 30 feet on center, with flexibility in clustering the trees to promote a natural appearance in the spacing. Resolution No. P-06-03 Page 8 c. Landscaping for all new parking lots, per the above landscape requirements, including a minimum of one 15-gallon size broad spreading evergreen tree for every three spaces, and landscape islands between every 8 to 10 parking spaces. Parking lots shall be provided with landscaping sufficient to screen parking areas from the street, using earth berms, walls, and/or plantings. Screening shall achieve a minimum height of 36 inches, except where site distances are a factor. d. Irrigation plans consistent with the above landscape requirements. e. The owner shall permanently and fully maintain landscaped areas within the adjacent public right-of-way. All existing irrigation and landscaping within any designated LMD area shall be protected. f. Parking spaces may not overhang required landscape setback areas, or landscape islands or strips, which have an inside dimension less than 6 feet. (Safety Services) 19. Two points for emergency access will be required for the site. One point will be from Stowe Drive, as shown on the approved site plan. A potential second point, as shown on the site plan, provides access from the developed property to the east of the site. Should this become the second point of access, it shall only be used for emergency vehicle access and a locking gate with Knox box shall be provided. Should the property owner to the east not accept the emergency vehicle access point, an alternative shall be provided. An option is to provide a point of access from Scripps Poway Parkway. This option will involve providing grass pavers and other design features acceptable to the Fire Department. Emergency access road slope and grade must meet minimum requirements for fire apparatus access. K. Compliance with the following conditions is required prior to construction of public improvements. (Engineering) 1. Submittal to the City, for review and approval, of improvement plans for on- site public water system and street improvements. 2. On-site potable water lines shall be constructed for fire hydra nUs installation as required by the City Fire Marshal. The size and location of the water lines shall be that as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicanU developer shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. Resolution No. P-06-03 Page 9 3. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, the current San Diego Regional Standard Drawings, and the South Poway Specific Plan. 4. All new and existing electrical/communication/CATV utilities shall be installed underground prior to installation of concrete curbs, gutters, sidewalks, and surfacing of the streets. The applicanUdeveloper is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. 5. The locations and sizes of all utility boxes and vaults within street rights-of- way and the City's general utility easement shall be shown on the improvement plans. 6. The applicanUdeveloper 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 the amount of grading securities still held by the City is sufficient to complete the remainder of the grading works and public improvements. c. Right-of-Way and/or Encroachment Permits, if required as hereupon mentioned. 7. Submittal of a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicanUdeveloper 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. 8. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe Development Services Department for any work to be done in public street rights-of-way or City-held easements. 9. No private improvements shall be placed or constructed within public street rights-of-way or City-held easements unless anyone of the following is satisfied: Resolution No. P-06-03 Page 10 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 the City deems necessary. 10. The applicanUdeveloper shall cause the dedication of the following easements to the City: a. An easement, a minimum of 20.00-feet wide for each new public water line. b. An additional 5.00-foot-wide general utility easement, contiguous with the existing 10.00-foot-wide general utility easement along Scripps Poway Parkway, and an additional width of general utility easement to attain a width of 15.00-feet wide along Stowe Drive. c. A pedestrian walkway easement, a minimum of 6.00-feet wide, along the project's frontage of Stowe Drive and Scripps Poway Parkway. A processing fee shall be paid to the City at first submittal of easement documents for review. 11. Recordation of the easements in the office of the San Diego County Recorder may be deferred, with the approval of the City Engineer, prior to issuance of building occupancy. L. The applicant shall obtain a Building Permit. Compliance with the following conditions is required prior to issuance of a Building Permit. (Engineering) 1. Completion of, and approval by the City, rough grading of the project site. 2. City approval of the Soils Compaction Report. 3. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. Resolution No. P-06-03 Page 11 4. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows, and are subject to change without further notice with the exception of water meter, connection, and expansion fees. The amounts to be paid shall be those in effect at time of payment. A minimum of two water meters shall be installed for the project, i.e., one potable meter and one reclaimed meter. Water base capacity fee (Resolution No. 91-123) For 0/." meter For 1" meter For 1 Y:z" meter For 2" meter Other meter sizes = $ 3,710.00 per meter = $ 6,678.00 per meter = $ 1 0,388.00 per meter = $ 16,694.00 per meter = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 0/." meter For 1" meter For 1 Y:z" meter For 2" meter Other meter sizes = $ 130.00 per meter = $ 270.00 per meter = $ 600.00 per meter = $ 800.00 per meter = Contact Engineering Division SDCWA System capacity charge - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter For 1" meter For 1 Y:z" meter For 2" meter Other meter sizes = $ 3,985.00 per meter, effective 8-1-05 = $ 6,376.00 per meter, effective 8-1-05 = $11,955.00 per meter, effective 8-1-05 = $20,722.00 per meter, effective 8-1-05 = Contact Engineering Division SDCWA Treatment capacity charge - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For %" meter For 1" meter For 1 Y:z" meter For 2" meter Other meter sizes = $153.00 per meter, effective 8-1-05 = $245.00 per meter, effective 8-1-05 = $459.00 per meter, effective 8-1-05 = $796.00 per meter, effective 8-1-05 = Contact Engineering Division Sewer connection fee = $279,828.00* Resolution No. P-06-03 Page 12 * {(494 fixture units -;. 4) x $2356} - $11,138.00 = $279,828.00 Note: If the sewer reservation fee of $52,774.40 is already paid prior to Building Permit issuance, the amount of $279,828.00 will be adjusted accordingly. where: 494 fixture units = no. of fixture units (per Shonda of PK Architects) 4 fixture units = 1 EDU $ 2356.00 = sewer connection fee per EDU $11,138.00 = sewer connection fee credit (previously paid by others) Note: Sewer connection fees may be to each component of the project and may be adjusted as fixture counts change. Sewer cleanout fee = $50.00 per c1eanout Sewer clean out inspection fee = $25.00 per c1eanout Traffic mitigation fee = None Drainage fee = None Park fee = None (Planning) 5. The site shall be developed in accordance with the approved site 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. 6. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 7. The building plans shall identify the exterior building colors and materials consistent with the project plans on file in the Development Services Department for CUP 05-05 and DR 05-07 dated July 20, 2005, and project materials/color sample board on file, except as modified herein. 8. The site plan shall show and note all required parking. Resolution No. P-06-03 Page 13 9. Trash receptacles shall be enclosed by a 6-foot-high masonry wall with view obscuring gates and shall have a roof covering for storm water BMP per the City's Jurisdictional Urban Runoff Management Program (JURMP). The trash collection area shall be of an adequate size to accommodate recycled material collection/containers in addition to the trash dumpster. Locations shall be subject to approval by the Planning Division. 10. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. 11. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 12. Details of any exterior lighting shall be included on the building plans, including fixture type(s) and design. All exterior lighting fixtures shall comply with the South Poway Specific Plan Development Standards. Security lighting and parking lot lighting is required to be low-pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties. Parking lot lights shall not exceed a maximum height of 25 feet from the finished grade. M. The applicant shall construct the following improvements 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 their numeric address in a manner visible from the access street. The minimum size of building numbers shall be six inches on the frontfacade ofthe building. The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriffs Department - 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 and having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the PMC. 4. The building will be required to install an approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company. Double detector check valve assembly and Resolution No. P-06-03 Page 14 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. The system shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 6. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. The plans are to be submitted and approved, prior to installation. 7. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. 8. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 9. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 10. At a minimum, a 2A:40BC fire extinguisher is required for every 3,000 square feet and 75' travel distance. 11. 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. 12. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 13. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 14. Prior to delivery of combustible building material on-site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. Resolution No. P-06-03 Page 15 15. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. The door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, the applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door. 16. Two points of emergency vehicle access shall be provided to the site to the satisfaction of the Fire Marshal. N. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department, along with the conditions contained therein/herein. A final inspection from the appropriate City Departments will be required and approval for occupancy obtained. 2. Completion of public improvements. 3. City approval of record drawings of the grading and improvement plans. 4. Dedication of easements to the City for new public water lines, general utility, and pedestrian walkway. 5. 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. 6. Posting of a warranty bond for the constructed public water system improvements. 7. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 8. Performance securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 9. Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after the City's acceptance of improvements, posting of warranty security, and approval of record drawings. 10. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and Resolution No. P-06-03 Page 16 allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. O. The applicant shall complete the following to the satisfaction of the Director of Public Works: 1. The property is within Landscape Maintenance District (LMD) 87-01 and is subject to assessments at a rate of $790.00 per net acre for LMD landscape improvements.* 2. Special District assessment for street lighting (Zone A) and traffic signals (Zone C) shall be collected. These assessments are based on land use and gross acres. The base assessment rates of$15.00 and $13.48, respectively, and collected annually. Current assessments are calculated to be $940.50 for street lighting and $845.20 for traffic lights per annum.* *Assessments are collected annually via the San Diego County Tax Roll. All assessment rates are subject to change under the terms and conditions of the California Streets and Highways Code, Landscape and Lighting Act of 1972 (requiring the ballot process). 3. All existing LMD and lighting facilities shall be protected in place. Section 6: The approval of Conditional Use Permit 05-05 and Development Review 05-07 shall expire on January 17, 2007, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUPIDR approval has commenced prior to its expiration. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on January 17, 2006. PASSED, ADOPTED and APPROVED by the City Council of the C' of Poway, State of California, this 17th day of January 2006. ATTEST: ~ob;~~ Resolution No. P-06-03 Page 17 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-03, was duly adopted by the City Council at a meeting of said City Council held on the 17th day of January 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~~~ City of Poway