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.
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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
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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.
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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
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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.
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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.
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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:
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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.
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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.
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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