Loading...
Res P-06-05 RESOLUTION NO. P-06-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 99-16M ASSESSOR'S PARCEL NUMBER 317-490-33,36,37 & 46 WHEREAS, Conditional Use Permit 99-16M, submitted by the City of Poway, requests approval to construct an interim, 1 ,440-square-foot modular officelinterpretive center, access road, and on-site parking on the 4.96-acre Kumeyaay-Ipai site located at the southern terminus of Silver Lake Drive, in the OS-RM, RS-4, and RC zones; and WHEREAS, on January 24, 2006, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above-described item; and 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, for CUP 99-16M, a request to establish an interim, 1,440-square-foot modular office/interpretive center with on-site parking located at the southern terminus of Silver Lake Drive, in the OS-RM, RS-4 and RC zones are made as follows: A. The proposed location, size, design, and operating characteristics of the modular officelinterpretive center is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the use will be located in the RC zone and residential uses, and interpretive centers are allowed with the approval of a Conditional Use Permit. B. The location, size, design, and operating characteristics of the office/interpretive center will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures in that the use will be located on the north side of the site near a commercial area and away from single-family homes. Resolution No. P-06-05 Page 2 C. There are adequate public facilities, services, and utilities available on Silver Lake Drive and Carriage Road that can be extended into the project site without difficulty. D. There will not be a harmful effect upon the desirable surrounding property characteristics in that the officelinterpretive center is in character with existing cultural development of the site and will not affect the views of adjacent property owners. With additional landscaping to be planted along the north and east borders of the project to more fully screen the facility, the project will not adversely effect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. E. 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 in that the project is consistent with the Kumeyaay-Ipai Interpretive Center Master Plan, the levels of service of the streets in the area are at an acceptable level; the proposed officelinterpretive center is anticipated to serve the existing visitor groups with little increase in visitor traffic expected; new on-site parking facilities will improve the availability off-site parking for adjoining businesses and residential uses, and the access road will improve circulation to and through the facility for visitors and emergency vehicles. F. The site is suitable for the type and intensity of use or development that is proposed in that the City Council has approved a Master Plan to develop the site, and an interpretive center and interpretive programs have been conducted on the site for over five years. The office/interpretive center will be located away from the street and adjacent single-family residences. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. There will be no harmful effect upon desirable neighborhood characteristics. G. There will not be significant harmful effects upon environmental quality and natural resources in that the office/interpretive center will be located within an area that has previously been disturbed. Brian Smith and Associates prepared an Archeological report in 2000 and 2004 that identified "areas of significant deposits" that begin at, and extend above, the 510-foot elevation of the main rock outcropping. The proposed improvements are located below this elevation and primarily within previously disturbed areas. Marquez and Associates prepared a biological report in August of 2005 that concluded the site contained no sensitive plant or animal species. H. That the potential impacts, and the proposed location, size, design and operating characteristics of the officelinterpretive center will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan in that the use will continue to operate as it has previously done and the operating characteristics of Kumeyaay-Ipai Interpretive Center are appropriate to Resolution No. P-06-05 Page 3 the purpose of the zone in which the site is located with the approval of a Conditional Use Permit. Section 3: The buildings in accordance with Government Code Section 66020, for the public improvements for Conditional Use Permit 99-16M are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities are available or will be constructed to serve this project. The following improvements and payment of fees are necessary as a result of the proposed development to protect the public health, safety and welfare: 1. On-site drainage improvements are in place or will be constructed to handle the surface water runoff. 2. Fire hydrants will be constructed to serve the development and provide fire protection. 3. Water and sewer fees will be paid as appropriate, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements. Improvements will be made to provide adequate water and sewer service to the expanded development. 4. Traffic mitigation fees, assessed on a pro-rata basis to finance and provide public infrastructure improvements, will be paid as appropriate, to promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves CUP 99-16M, to establish an interim, 1 ,440-square-foot office/interpretive center, access road and on-site parking located at the southern terminus of Silver Lake Drive, in the OS-RM, RS-4 and RC zones, as shown on the plans dated, November 14, 2005, subject to the following conditions: A. Approval of this modification of the CUP 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. B. 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. C. The conditions of CUP 99-16M shall remain in effect for the life of the subject office/interpretive center, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. Resolution No. P-06-05 Page 4 D. CUP 99-16M 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. E. The modular officelinterpretive center building shall be removed within 60 days of final occupancy of the permanent interpretive center. F. Prior to Grading Permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: (Engineering) 1. Submittal to the City for review and approval of precise grading plans, erosion control plan, Storm Water Pollution Prevention Plan (SWPPP), Grading Permit application and geotechnical reportis to the Development Services Department. a. 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 Ordinance, and the South Poway Specific Plan. b. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. c. 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. d. The project may be subject to pre- and post-Standard Urban Stormwater Management Plan (SUSMP) requirements if the project exceeds the SUSMP threshold. e. Drainage catch basins, inlets, grate basins or similar structures shall be designed to be equipped with structural Best Management Practices (BMP's) for interception of pollutants and/or sediments before leaving the project site. BMP's are subject to review and approval of the City. f. Erosion control, including, but not limited to, de-silting basins shall be installed and maintained from Oct. 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 Resolution No. P-06-05 Page 5 applicant/developer shall make provIsions to insure proper maintenance of all erosion control devices. The SWPPP shall be prepared. The SWPPP shall provide the erosion, sedimentation and pollution control measures to be used during construction. 2. 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. 3. The applicant/developer 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. 4. City approval of soils report and grading plans. 5. 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. 6. Submittal to the City for review and approval of improvement plans for on-site public water system to the Development Services Department for approval. a. All new and existing electrical/communication/CATV utilities shall be installed underground prior to installation of concrete curbs, gutters, sidewalks and surfacing of the street. The applicant/ developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. b. Right-of-Way and/or Encroachment Permits, if required as hereupon mentioned. (Public Works) 7. Improvement plans shall be reviewed and approved by Public Works for the new fire hydrant installation. Resolution No. P-06-05 Page 6 (Planning) 8. An archeologist shall be on-site during the grading operation. Although the site has been surveyed, should grading uncover any archeological resource, the archeologist may halt grading until the resource can be evaluated and appropriate measures shall be followed to document, relocate, and/or preserve the resources. Should grading extend into the identified culturally sensitive areas, said grading shall require monitoring by an archeologist and/or members of the San Pasqual Tribe of Indians. If a tail crosses over an identified culturally sensitive area a semi-permeable woven fabric will be required to prevent compaction of the midden material and mixture of the soil types. 9. Any items of Native American origin found on the site shall be treated in accordance with the Cooperative Site Development Agreement between the City of Poway and the San Pasqual Band of Diegueno Mission Indians of California included in the Kumeyaay-Ipai Interpretive Center at Pauwai Master Plan (Resolution 00-98, Attachment E). 10. The applicant shall obtain approval of a Minor Development Review Application by the City Council to insure compatibility of the modular office/interpretive center with the archeological site. 11. 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. Irrigation plans consistent with the above landscape requirements. c. 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. G. Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be satisfied: (Engineering) 1. Completion of and approval by the City of rough grading of the project site. 2. City approval of soils compaction report. 3. Payment of development fees to the City, unless other payee is indicated. Resolution No. P-06-05 Page 7 The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water base capacity fee (Resolution No. 91-123) For 0/." meter = $ 3,710.00 per meter For 1" meter = $ 6,678.00 per meter For 1 Yo" meter = $10,388.00 per meter Other meter sizes = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 0/." meter = $ 130.00 per meter For l' meter = $ 270.00 per meter For 1 Yo" meter = $ 600.00 per meter Other meter sizes = Contact Engineering Division SDCWA capacity charge (applicable to potable water only) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter = $ 3,985.00 per meter For 1" meter = $ 6,376.00 per meter For 12= meter = $11,955.00 per meter Other meter sizes = Contact Engineering Division Sewer connection fee = $2,356.00 Sewer cleanout fee = $50.00 per c1eanout Sewer clean out inspection fee = $25.00 per cleanout Traffic mitigation fee = $825.00* (50 tri psI Acre x 1 Acre) = 50 tri ps *50 trips x $66/trip x 0.25 = $825.00 Drainage fee = $1,570.00 (Building) 4. All new work shall comply with the California Code of Regulations Title 24 and the 1997 Uniform Building Code. 5. Provide Handicapped Accessible toilet 6. The building plans shall be consistent with the MDRA approval. H. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: Resolution No. P-06-05 Page 8 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. The building shall display its numeric address in a manner visible from the access street. The minimum size of the building numbers shall be six inches on the front facade of the building. 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. This 20-foot access width is the minimum required for Fire Department emerqencv access. In most cases, City Engineering Standards will be more restrictive. The more restrictive standard shall apply. The City Engineer, pursuant to the City of Poway Municipal Code, shall approve the road surface type. Consider colored concrete or similar permanent surface, in lieu of the proposed crushed polymer stone, to comply with the intent of the Fire Code and address aesthetic concerns. 4. 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. 5. 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. 6. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 7. A minimum 2A10BC fire extinguisher is required for every 3,000 square feet and 75' travel distance. 8. 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. 9. The entire water system for the project shall be looped. Resolution No. P-06-05 Page 9 10. The addition of on-site fire hydrants is required. The City Fire Marshal shall determine the location of the hydrants. I. Prior to City of Poway 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. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 4. 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. Upon establishment of the office/interpretive center, pursuant to CUP 99-16M, the following shall apply: (Planning) 1. Any signs proposed for the use shall be designed and approved in conformance with the Poway Municipal Code Sign Ordinance. 2. All exterior lighting shall comply with Section 17.08.220L of the Poway Municipal Code. 3. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the Poway Municipal Code. The use of amplified sound or music shall be carefully regulated and monitored to minimize potential impacts on the surrounding residents. Sound mitigation measures shall include limiting the use and/or volume of speaker systems, orienting the sound speakers at the rear of the amphitheater so the sound would travel back toward the orator and away from the homes, and the use of ground mounted speakers where appropriate and feasible. 4. The hours of operation are currently Saturdays from 9 to 11 AM and with additional tours available upon special request. Minor amendments to these hours are permitted subject to the approval of the Directors of Community Services and Public Works. 5. The parking areas, driveways and landscape areas shall be well maintained. Resolution No. P-06-05 Page 10 6. The parking 10Uaccess road entrances shall be gated and locked at the close of each business day, with a Knox Security Key Box available for emergency access. 7. All landscaping on-site and within the adjacent public right-of-way shall be adequately installed, irrigated, and permanently and fully maintained at all times in accordance with the requirements of the Poway Guide to Landscape Requirements. Section 5: The approval of CUP 99-16M shall expire on January 24, 2008, at 5:00 p.m. unless, prior to that time, a Grading Permit for the project has been issued. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 24th day of January 2006. ATTEST: ~ Resolution No. P-06-05 Page 11 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-06-05, was duly adopted by the City Council at a meeting of said City Council held on the 24th day of January 2006, and that it was so adopted by the following vote: AYES: NOES: EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: BOYACK DISQUALIFIED: NONE ?I.~ City of Poway