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.
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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
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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.
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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.
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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