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Res 20-091 RESOLUTION NO. 20-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 20-003 AND DEVELOPMENT REVIEW 20-002 FOR A MIXED- USE DEVELOPMENT PROJECT WITHIN THE POWAY ROAD SPECIFIC PLAN, TOWN CENTER DISTRICT. ASSESSOR PARCEL NUMBERS: 317-490-55 and 317-490-69 WHEREAS, on December 1, 2020 the City Council considered Tentative Tract Map (TTM) 20-003 and Development Review (DR) 20-002; a proposed mixed-use development project including the construction of 212 residential units, 11,364 square feet (sf) of commercial space, and approximately 9,955 sf of quasi-public open space that is privately owned and publicly accessible on the south side of Poway Road, west of Civic Center Drive and east of Carriage Road within the Town Center (TC) District of the Poway Road Specific Plan (PRSP) with related site and public street improvements (project hereinafter); WHEREAS, on December 1, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing; and WHEREAS, the approved development plans are incorporated by reference herein as Exhibit A to this Resolution available on file in the Development Services Department, including the site and landscape plans and the architectural and civil drawings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP, and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project’s impacts have already been analyzed in, and are fully covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the following: A. The PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. Resolution No. 20-091 Page 2 B. The June 9, 2020 access analysis prepared by Linscott, Law & Greenspan for the project, shows that it will result in 1,998 average daily trips (ADTs), 152 a.m. peak hour trips, and 174 p.m. peak hour trips, which is consistent with the traffic levels that the PRSP EIR assumed would be generated by the development of the Project site pursuant to the PRSP. C. The July 11, 2019, Phase I Environmental Site Assessment prepared by Advantage Environmental Consultants, LLC for the project, revealed no evidence of recognized environmental conditions in connection with the site. D. The July 2020 Historical Resource Evaluation Report prepared by LSA prepared for the project, found that all existing buildings on the project’s site are ineligible for designation as a historic resource per local, state and national criteria. SECTION 3: The City Council finds that the proposed project is consistent with the PRSPgenerally, including the TC Districtdesignation, and further, the proposed project qualifies for Tier 2 height and density bonuses (Table 3-4) because the project includes lot consolidation as that term is used in the PRSP. Therefore, the City Council finds that the proposed project will result in the following: A. Creation of a distinct and vibrant Town Center with a mix of commercial and residential uses. B. Redevelopment of an infill site that will create a mix of compatible and complementary uses. C. Development of residential units that are located in proximity to civic, retail and commercial service D. Provision of appropriate community benefits identified in the PRSP: 1. Creation of a total of 9,955 sf quasi-public open space that will be a vital community resource that provides a place to sit and relax, gather, and enhance pedestrian activity, and host community events. 2. Creation of a neighborhood restaurant row that consists of two restaurants that will have a combined seating for at least 80 patrons. The neighborhood restaurant row will contribute to economic vitality and provide ground floor space permanently reserved for neighborhood restaurants/cafes within the TC District. 3. A contribution of $500 per dwelling unit ($106,000 based on 212 dwelling units) to a Community Benefit Fund that will be established to implement the PRSP. The fund may be used for significant streetscape and mobility improvements including, but not limited to streetscape improvements include lane restriping, median and sidewalk enhancements, additional traffic signal and pedestrian crossings on Poway Road, undergrounding utilities, and parklets, among other improvements. E. Development of residential units that are located in proximity to civic, retail and commercial service uses. F. The project provides exemplary design and directly implements objectives of the PRSP. Resolution No. 20-091 Page 3 G. The project provides transportation demand measures that reduce vehicle trips including: a) provides opportunities to live, work and play within the immediate vicinity, b) provides access to adjacent bus-stops with new shelter improvements, c) provides pedestrian connectivity to surrounding land uses, d) creates a neighborhood park and commercial mixed use opportunities, and e) provides public and private bicycle racks. SECTION 4:The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM20-003, are made as follows: A. The TTM is consistent with the General Plan, in that it proposes to create residential and commercial units at a density consistent with the General Plan, Poway Municipal Code (PMC), and PRSP. B. The design and improvements required of the TTM are consistent with the General Plan and PRSP, in that the approved density and lot size and configuration adheres to the standards of the General Plan and PRSP. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density. D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated pursuant to the PRSP EIR and the proposed project is within a previously disturbed property that was developed with a shopping center and bowling alley building. E. The approval of the TTM is not likely to cause serious public health problems in that City water and sewer service will be provided to the project. F. The design of the TTM will not conflict with any easement acquired by the public at large, now on record, for access through or use of the property within the subdivision in that the ultimate development of the site with residences can be accommodated without obstructing or otherwise impacting existing easements, except that an access easement is being relocated. All other public easements are currently not being utilized by the and are proposed to be quitclaimed. SECTION 5: The findings for DR20-002, in accordance with the PMC 17.52.010 Purpose of DR, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines. There are five buildings that are each designed with matching exteriors that are consistent with the other projects in the vicinity on Poway Road. The stucco exteriors, wood trim, and accents will feature earth tone colors which is consistent with the Poway General Plan and the PRSP. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the PRSP. The buildings were designed to complement other building in the TC district. Therefore, the proposed Resolution No. 20-091 Page 4 development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the mixed-use development. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the PRSP. E. In accordance with Table 3-4 of the PRSP, the project includes a Tier 2 Height and Density Bonus with the Selection of the following Community Benefits: Public Open Space, a Neighborhood Restaurant Row, and a Contribution to the Community Benefits Fund. These bonuses are granted as a part of the project approval. SECTION 6: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, 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 facilities will be available to serve this project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as further described in the conditions of approval. C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. SECTION 7: The City Council hereby approves TTM20-003 and DR20-002, as shown on the approved plansincorporated by reference and stamped as “Exhibit A”datedDecember 1, 2020 (Exhibit A hereinafter) on file with the City, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the “Claims” against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM20-003 and/or DR20-002) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, Resolution No. 20-091 Page 5 but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped “Exhibit A” and on file at the Development Services Department. If actual conditions and details vary from representations on Exhibit A, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The proposed project shall comply with all mitigation measures established under the certified FEIR for the PRSP as specified in the Mitigation Monitoring and Reporting Program (MMRP). F. The conditions for the project shall remain in effect for the life of the subject property, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood. 2. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 3. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. 4. The final map shall conform to City standards and procedures, the City Subdivision Resolution No. 20-091 Page 6 Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 5. An easement for public access for a future road (internal street) as shown on the tentative map shall be dedicated on the final map. 6. A covenant shall be notarized and recorded to the satisfaction of the Director of Development Services regarding the requirement for the Town Center internal street and the design of the internal street connection at the eastern and western boundaries of the site. The covenant shall include that this connection shall be redesigned in order to accommodate an internal street in compliance with Chapter 5.10 of the Poway Road Specific Plan. The covenant shall also include that this connection of the internal street will result in a loss of parking spaces. 7. Existing easements that are no longer required by the City shall be vacated on the final map. 8. Easements will be required for all public facilities and access onsite. This may include, but is not limited to, utilities, streets, sidewalks, and elevators. 9. Applicant shall enter into a Private Road Maintenance Agreement for the private roads within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. 10. If there is an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the subdivision, said CC&R shall be reviewed by the City prior to recordation. 11. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 12. Within thirty days after City Council approval of the Final Tract Map, the subdivider shall pay the City the sewer connection fee. 13. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. 14. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The tentative map does not include all of the required public improvements. The improvement plan shall include, at a minimum, the following features: a. The proposed traffic signal at Carriage Heights Way and Poway Road. The Resolution No. 20-091 Page 7 traffic signal shall be compatible with and capable of handling adaptive signal facilities (to be installed in the future). The existing medians in Poway Road shall be modified as necessary to provide proper queuing for left turn lanes on Poway Road at the signalized intersection. The median opening at the existing driveway entrance on the west side of the project shall be removed and replaced with raised, landscaped median. b. Public water improvements as shown on the approved tentative map. c. Public sewer improvements as required by the approved sewer study. Prior to the first submittal of the improvement plans, the applicant will be required to field-verify the existing sewer system (material, size, and slopes of the laterals and downstream mains) that the project is proposing to connect to so that the City can evaluate the required sewer improvements. The sewer study shall be updated to include the field findings and it shall be resubmitted with the first improvement plan submittal. The City will evaluate the sewer improvement requirements based on the updated sewer study and field findings. d. Proposed street lights along the streets fronting the project parcels. The location and type of street light shall be coordinated and approved to the satisfaction of the City Engineer. e. A City standard bus shelter with seating and trash receptacle at the location determined by the Metropolitan Transit System (MTS) and the City. An accessible slated bench with non-sleep bars and a trash receptacle per EDCO standards will be required. A turn-out is not required, however, this requires a concrete sidewalk pad adjacent to the curb (no landscaping between) that measures a minimum eight to ten feet deep and 25 feet long, with a maximum two percent slope from curb to back of sidewalk. Ensure that the path of travel between the bus stop and the intersection (and crossing) is accessible (ADA compliant). Submit improvement plan to MTS for review and approval of proposed bus stop improvements. f. Additional public improvements along street frontage adjoining project parcels and adjacent to the proposed signal location may also include but are not limited to: driveway improvements, Americans with Disabilities Act (ADA) accessibility improvements, traffic improvements, street/bike lane/crosswalk striping, enhanced crosswalk paving, curbs, gutters, sidewalks, utilities, street trees and landscaping. 15. The project requirements for fire protection specify the installation of fire hydrants and expansion of the water system necessary to support the installation of the hydrants. A Water System Analysis may be required for final design of the proposed water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 16. The public improvement plan shall be reviewed and approved to the satisfaction of the City Engineer. Upon approval of the improvement plan, the applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements. Resolution No. 20-091 Page 8 17. Prior to start of any work within a City-held easement or right-of-way, a Right-of- Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 18. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. 19. A fair share payment shall be required towards future adaptive signalizing efforts for traffic signals along Poway Road between Carriage Road and Community Road. The fair share payment shall be determined through an engineering study prepared by a certified traffic engineer and subject to approval by the Director of Development services. (Planning) 20. The applicant shall provide the $106,000 contribution to the Community Benefit Fund ($500/dwelling unit) as one of the incentives to allow increased height and density for the project. 21. The formation of a homeowner’s association (HOA) with maintenance responsibilities is required, unless project site is under single ownership (Single- Owner hereinafter). Provide a Maintenance Exhibit for all site areas clearly indicating the responsible maintenance entities (Single-Owner or HOA, City, other). 22. Notarize and record an access agreement for residents, guests, retail and plaza users to have access to all publicly accessible areas (e.g., dog park, retail, restaurants, plazas), including the Town Center interior street, the pedestrian corridor, quasi-public open space, and parking areas and drive-aisles to be reviewed and approved to the satisfaction of the Director of Development Services. This agreement shall be adhered to by the Single-Owner or HOA and incorporated into the CC&Rs if applicable to the satisfaction of the Director of Development Services. 23. Permanent deed restrictions shall be executed restricting future development of the quasi-public open space to the satisfaction of the Director of Development Services. 24. The property owner shall notarize and record an agreement not-to-oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities Districts (s), Landscape and Lighting District(s), Maintenance Assessment District(s), and Enhanced Infrastructure Financing District(s)). 25. The property owner shall notarize and record an agreement not-to-oppose the formation of a future business or property-based business improvement district in which businesses or property owners respectively are required to pay an additional levy to fund projects within the District’s boundaries. Resolution No. 20-091 Page 9 (Public Works) 26. The applicant shall annex the properties into the appropriate Lighting Districts prior to recordation of the final map. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. If the project will be phased, the applicant will be responsible for presenting the phasing plan to the satisfaction of the City Planner and City Engineer. The applicant may be required to enter a covenant to establish the timing of the installation of public and private improvements. 2. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 3. Submit a precise grading plan for the development, including private utilities, prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The grading plan shall show the proposed private utilities (sewer and domestic water) for reference only. Storm drain, and fire water (non-building systems) will be permitted and inspected per the grading plan set. Submittal of the precise grading plan shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 4. Since the project is proposing private utilities, a separate submittal for private utilities will need to be made with the Building Department. The Building Department must approve the plans prior to construction of any of the private utilities. Coordination shall be done directly with the Building Department. Depending on construction phasing, it may be beneficial to submit these concurrently with the grading plan submittal so that all utilities are permitted at the same time. It shall be noted that if the City has to do any emergency maintenance on the private utility system, the City will not be held liable or responsible for any damage. Costs incurred by the City for emergency maintenance may be charged to the Single-Owner and/or HOA. Clear access to City meters and appropriate access easement is required. 5. Curb stops will be required on all parking stalls and shall be shown on the grading plans. 6. Fall protection fencing shall be required at the top of retaining walls and slopes as Resolution No. 20-091 Page 10 required by the California Building Code and PMC. Fall protection fencing shall be shown on the grading plans. 7. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 8. Water Quality Control - Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 9. Water Quality Control - Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. The applicant will be required to install approved trash treatment control devices and include these facilities in the SWQMP. a. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement (SWFMA) accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The easement and operation and maintenance requirements shall be binding on the land as outlined in Chapter 16.104 of the PMC. b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits shall include but are not limited to: Property and Easement Legal Descriptions, Site Plan, and an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC. c. Upon approval of the SWQMP, provide a PDF version. 10. Water Quality Control - Construction Storm Water Management Compliance Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009-0009- DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 11. Grading securities shall be posted with the City prior to grading plan approval per Chapter 16.46 of the PMC. A minimum cash security of $2,000 is required in all instances. 12. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 13. Following approval of the grading plans, posting of securities and fees, and receipt Resolution No. 20-091 Page 11 of four copies and one scan of the approved plans, the applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 14. Prior to start of any work within a City-held easement or right-of-way, a Right-of- Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 15. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 16. If the disposal of groundwater is necessary during construction, a dewatering plan shall be submitted for review and approval. Extracted groundwater should be discharged to surface waters under the current general National Pollutant Discharge Elimination System (NPDES) permit adopted by the California Regional Water Quality Control Board (RWQCB). Proof of coverage under this permit will be required. To protect water quality in the San Diego area, the City recognizes that it may be necessary to accept discharges of extracted groundwater to the sewer system. Discharges to the sewer system will only be allowed if it is determined that discharge of this wastewater into the sewer system is the most appropriate and prudent disposal alternative and when sufficient hydraulic and treatment plant capacity is available to allow such discharges into the sewer system. 17. Easements shall be dedicated or letters of permission from property owners and/or easement holders shall be provided for any proposed work within properties or easements not owned by or granted to the applicant. (Planning) 18. In accordance with Mitigation Measure BIO-1 of the PRSP EIR, all construction- related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition and grading) should occur outside the avian nesting season (generally prior to February 1 to August 31 or according to local requirements), all suitable habitats located within the project’s area of disturbance including staging and storage areas plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed more than five days an additional nesting bird survey shall be performed. Active nesting is Resolution No. 20-091 Page 12 present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that the birds are actively nesting within the survey area, Condition Number G.20 (Mitigation Measure BIO-2 of the PRSP EIR) below shall apply. 19. In accordance with Mitigation Measure BIO-2 of the PRSP EIR, if pre-construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist in consultation with the California Department of Fish and Wildlife, until the chicks have fledged. Monitoring shall be required to ensure compliance with the MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented. 20. In accordance with Mitigation Measure BIO-3 of the PRSP EIR, prior to the removal of mature trees and existing buildings, a preconstruction survey for maternity (March 1 to August 1) or colony bat roosts (year-round) shall be conducted by a qualified biologist within seven days prior to activities that remove trees or structures. If an occupied maternity or colony roost is detected, CDFW shall be contacted about how to proceed. Typically, a buffer exclusion zone would be established around each occupied roost until bat activities have ceased. The size of the buffer would take into account: a. Proximity and noise level of project activities b. Distance and amount of vegetation or screening between the roost and construction activities c. Species-specific needs, if known, such as sensitivity to disturbance Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction. 21. In accordance with Mitigation Measure CUT-4 of the PRSP EIR, a qualified professional archaeologist shall be retained who meets U.S. Secretary of the Interior’s Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology who meets the U.S. Secretary of the Interior’s Processional Qualifications and Standards. The training session would include a handout and focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, those duties of archaeological monitors, and, the general steps a qualified professional archaeologist shall follow in conducting a salvage investigation if one is necessary. Resolution No. 20-091 Page 13 22. In accordance with Mitigation Measure CUT-5 of the PRSP EIR, if archaeological resources are encountered, ground-disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that archaeological resources are unearthed during ground-disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities would not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work should be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The developer and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of the archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 23. In accordance with Mitigation Measure CUT-6 of the PRSP EIR, periodic archaeological resources spot checks during grading and earth-moving activities in younger alluvial sediments shall be conducted. A qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and standards shall be retained to conduct periodic archaeological spot checks beginning at depths below two feet to determine if construction excavations have exposed or have a high probability of exposing archaeological resources. After the initial archaeological spot check, further periodic checks would be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed or have a high probability of exposing archaeological artifacts, construction monitoring for archaeological resources would be required. The Applicant shall retain a qualified archaeological monitor who would work under the guidance and direction of a professional archaeologist, who meets the qualifications set forth by the U.S. Secretary of the Interior’s Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non-fill younger Pleistocene alluvial sediments. Multiple earth-moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources encountered. Full-time monitoring could be reduced to part-time inspections if determined adequate by the project archaeologist. 24. In accordance with Mitigation Measure CUT-7 of the PRSP EIR, a report shall be prepared upon completion of monitoring services. The archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior’s Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Coastal Information Center, the City, and Resolution No. 20-091 Page 14 representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. 25. In accordance with Mitigation Measure CUT-8 of the PRSP EIR, the Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 26. In accordance with Mitigation Measure CUT-9 of the PRSP EIR, periodic paleontological spot checks during grading and earth-moving activities shall be conducted. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology to conduct periodic Paleontological Spot Checks beginning at depths below six feet to determine if construction excavations have extended into older Pleistocene alluvial deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the Puente Formation or into older Pleistocene alluvial deposits, construction monitoring for Paleontological Resources would be required. The Applicant shall retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into older Pleistocene alluvial deposits. Multiple earth-moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. 27. In accordance with Mitigation Measure CUT-10 of the PRSP EIR, if paleontological resources are encountered, ground-disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that paleontological resources and or unique geological features are unearthed during ground disturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City. Work shall be allowed to continue outside Resolution No. 20-091 Page 15 of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist’s discretion, and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. 28. In accordance with Mitigation Measure CUT-11 of the PRSP EIR, upon completion of the paleontological monitoring activities, the professional paleontologist shall prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the Applicant, the City, San Diego Natural History Museum, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. 29. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). 30. Show fencing, gates, and access to refuse areas and mechanical equipment, including HVAC systems. 31. All refuse areas shall have a trash enclosure as applicable and provide for recycling and compost bins (SB 1383). Refuse containers for residential uses shall be stored outside the front yard setback area behind fences with gated access. 32. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918. 33. All crosswalks and driveway entrances shall feature high-quality materials such as pavers, cobblestone, or patterned, stained, and scored concrete. At least five percent of the total area of any surface parking lot must be similar high-quality materials. Special colored paving treatments shall be incorporated at strategic locations along the Town Center internal street, all drive aisle crossings, and at entry driveways. 34. Grades exceeding 12 percent shall be concrete with deep broom finish perpendicular to the access driveway. 35. Landscape and irrigation plans shall be submitted for review and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape Resolution No. 20-091 Page 16 and Irrigation Design Manual, Chapter 17.41 PMC and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director. b. The 5-foot proposed landscape strip along the southerly property line shall include at a minimum every 10 feet a minimum one 15-gallon Strawberry Tree, Carolina Laurel Cherry, Photonia Fraseri, and/or similar species (screening trees) to obscure views from adjacent residents onto the project and vice versa to the satisfaction of the Development Services Director. c. A minimum of 10 percent of the net lot area shall be landscaped. Include a note for this requirement and an area calculation on the landscape plan. d. The site design and landscape materials should be low maintenance. e. The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way. f. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. Tree wells may be used to satisfy the parking lot tree planting requirement. Said trees shall be located to provide shade cover for the vehicles where practical. g. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1). h. Oaks proposed on-site are subject to tree preservation requirements. i. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets. j. Special attention shall be given to provide landscaping that enhances the intersection corners. k. Please provide a small planter between the garages that can accommodate a vine of a shrub. Such planter areas shall be located every two or three garages per the approved plans stamped “Exhibit A” on file at the Development Services Department. l. The landscape plan for the quasi-public spaces shall reference at a minimum the following features, including areas and heights, as shown in the approved plans stamped “Exhibit A” on file at the Development Services Department to the satisfaction of the Development Services Director: water features, logs and boulders for sitting and climbing, play structures, shade structures, benches, picnic tables, crawl-through tree Resolution No. 20-091 Page 17 trunks, and game tables. There shall be at least one 24-inch box tree for every 300 sf of quasi-public space area. m. The removal of existing trees shall be replaced on-site with the planting of a similar sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or if this project is abandoned, the trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services. i. A modification to the number or sizes of the tree replacement requirement may be approved by the Director of Development Services as part of the landscape plan review. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal whichever comes first pursuant to the approved phasing plan to the satisfaction of the Director of Development Services. n. Art and murals can be used to add visual interest along a street corridor or within a district, and to celebrate history and culture. Original art and murals allow for creative expression and can be an attraction for visitors independent of stores and restaurants. Community members should be included in the development of original art to the extent possible. Review by the Department of Development Services is required to ensure the original art or mural is compliant with the PRSP and the PMC. o. The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services. 36. Per the incentives for the increased density and height allowances, a Deed Covenant shall be prepared that the public open space shall be remain accessible and useable by the public (i.e. no gate, wall, or other form of separation or restriction of access) from the public Right-of-Way, and that future use of the restaurant spaces identified in the approved plans stamped “Exhibit A” on file at the Development Services Department shall be restricted to restaurant or similar uses. The Deed Covenant shall be prepared to satisfaction of the Director of Development Services. 37. An off-site parking and reciprocal access agreement between the property owners Resolution No. 20-091 Page 18 of the Big ‘O’ parcel at 12947 Poway and the project site parcel shall be provided for the 17 parking spaces that the Big ‘O’ parcel is providing for the project. This agreement shall be prepared to the satisfaction of the Director of Development Services. 38. The one-way drive aisle south of the Big ‘O’ building shall have directional pavement and traffic signs as recommended by the Traffic Engineer. 39. Traffic signage including speed limits, parking restrictions, stop and yield signs etc. shall be shown on the grading plans. 40. A minimum 42-inch high fence, with no greater than two-inch openings is required adjacent to drops greater than 30 inches. 41. All freestanding and retaining walls shall be constructed with decorative blocks or a finish consistent with the approved plans stamped “Exhibit A” on file at the Development Services Department to the satisfaction of the Director of Development Services. 42. Any railing on top of a retaining wall that provides fall protection and all maintenance access gates in a freestanding wall must be constructed with decorative materials to the satisfaction of the Director of Development Services. 43. The public pedestrian corridor through the site must have pedestrian scale light fixtures. The light fixtures shall be consistent with other decorative lighting fixtures within the project. Lighting shall be complementary to the intended style/theme. Decorative lighting shall be provided at all entries. Lighting shall comply with PMC Section 17.08.220(L) except as otherwise noted herein. Parking lots, walkways and public plazas and open space areas shall be well lit for visibility and safety. 44. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad- mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. I. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The final map shall be recorded and accepted by the City. 2. Condo maps shall be recorded prior to building permit issuance. 3. The site shall be developed in accordance with the approved grading plans on file with the Development Services Department and the conditions contained herein. Grading shall be in accordance with the California Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. Erosion control shall be installed and maintained by the developer from October 1 Resolution No. 20-091 Page 19 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 5. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a.Twocopies of certification of line and grade for the lot, prepared by the engineer of work. b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City Engineer. 6. Prior to start of any work within a City-held easement or right-of-way, a Right-of- Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 7. The applicant shall pay all applicable development impact fees in effect at time of permit issuance (Planning) 8. Public street improvements shall be required (reference PRSP Chapter 5 and PMC 15.06.030) along Poway Road fronting the project consistent with the PRSP Chapter 5 Design Guidelines for Public Space and PMC 15.06.030 for all property frontages to the satisfaction of the Director of Development Services. This includes ADA compliant sidewalk transitions, bike lane markings, a median monument sign, wayfinding signs, street lighting, street trees (1 per 30 lineal feet), bicycle racks at property corners and adjacent to storefronts (three racks total), public seating (three total), trash and recycling receptacles (1 per 600 lineal feet), bus shelters, signage and seating, and new private drive entrances, and widened six-foot wide sidewalks (one-foot stamped and stained concrete). Landscape parkways and medians along property frontages shall be included into a Landscape Maintenance District (LMD) with maintenance funded by the project homeowner associations or a similar alternative where maintenance of public improvements is borne by the homeowner associations to the satisfaction of the Director of Development Services. Original art pieces are allowed on utility boxes to deter graffiti and enhance the streetscape until such time that utilities are placed underground. The public street improvements shall be secured or installed prior to issuance of any building permits. 9. The quasi-public space shall be improved and maintained by the Single-Owner or HOA. All walkways and seating shall be ADA compliant. The site design and landscape materials should be low maintenance. Include one 24-inch box tree for every 300 sf of surface area. The quasi-public space shall feature at a minimum the following features as shown in the approved plans stamped “Exhibit A” on file in the Development Services Department: water feature, logs and Resolution No. 20-091 Page 20 boulders for sitting and climbing, a play structure, a shade structure, picnic tables, a crawl-through tree trunk, adequate pedestrian-scale and area lighting, and game tables. The quasi-public space improvements shall be installed prior to building permit final (certificate of occupancy). Public seating shall be provided by the rate required by the PRSP (1 seat per 100 sf of open space). A drinking fountain and at least one trash and recycling receptacle shall be provided at each plaza. The art shall be a minimum 300 cubic feet, excluding footings and stands, and shall include a durable foundation and materials to the satisfaction of the Director of Development Services. Art shall be in compliance with design standards in Chapter 4.10 and 5.6 of PRSP. Art and murals can be used to add visual interest along a street corridor or within a district, and to celebrate history and culture. Original art and murals allow for creative expression and can be an attraction for visitors independent of stores and restaurants. Community members should be included in the development of original art to the extent possible. Review by the Department of Development Services is required to ensure the original art or mural is compliant with the PRSP and the PMC. 10. Commercial bicycle parking shall be provided at the rate of five percent of the commercial automobile parking requirement. Bicycle racks shall be located within 100 feet of a visitor entrance and readily visible to passers-by, preferably near building entrances and plazas. 11. The project shall feature ADA compliant ramps, stairways, and elevators. ADA access shall be provided to all project features, including the dog park, bus shelter, quasi-public and private open space, residential building entrances, and to the commercial components of the project. A separate ADA path of travel exhibit shall be submitted with the Building plans. 12. All architectural details shown on the approved plans stamped “Exhibit A” on file at the Development Services Department shall also be shown on the building plan check submittal. Any major modifications from the building and site design details not within substantial conformance to the approved plans will require a DR revision and City Council approval as determined by the Director of Development Services. 13. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC Section 17.10.150(H); including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development. Lighting shall be maintained in compliance with City standards by the applicant for the life of the project. A photometric analysis shall be provided after lighting installations to restrict light trespass and limit glare onto the adjacent public roads and onto existing neighboring properties to the satisfaction of the Director of Development Services. 14. The dog run shall be open to the public and have a non-restricted entrance. Signage restricting access to the dog run by the public is prohibited. Resolution No. 20-091 Page 21 15. The building plans shall include elevations and cross-sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, to the satisfaction of the Director of Development Services. Screening of utilities and mechanical equipment located on roofs is appropriate with architectural design elements such as the proposed Mansard Roof screen wall. 16. All residential units shall feature an interior bicycle rack area. If a unit has a garage, ceiling mounted bicycle parking sufficient for two bicycles shall be provided in the garage. Ceiling mounted storage racks, minimum 50 sf, shall be provided in each garage. Storage in corridors and assigned to units shall be consistent with the approved plans stamped “Exhibit A” on file with the Development Services Department. 17. Exterior building materials and finishes shall reflect the approved elevations on the approved plans stamped “Exhibit A” on file with the Development Services Department and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 18. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals. 19. In accordance with Mitigation Measure GHG-1, the installation of wood-burning devices such as fireplaces, stoves and heaters shall be prohibited. 20. Electrical charging stations shall be provided at the rate required by the California Green Code. 21. The applicant shall pay the affordable housing in-lieu fee in effect at time of permit issuance. 22. Show building heights for the ground floor commercial shall provide 14-foot high interior clearance. 23. Ground mounted utility equipment shall be screened. 24. The building plans shall show all trash enclosures. The trash enclosures shall be adequately sized to contain the following waste streams: recyclables, organic waste, and trash. The trash enclosures shall also be sized to allow the City’s exclusive franchise solid waste disposal company (EDCO) to adequately access the bins. The applicant shall contact EDCO to verify locations, correct bin sizes, and trash enclosure size. The trash enclosure shall sufficiently screen all the bins and be consistent with the design of the development. (Building) 25. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety Resolution No. 20-091 Page 22 requirements. (Sheriff’s Crime Prevention) 26. Upon issuance of permits for grading, the applicant shall post and maintain adequate “no trespassing,” signage on the properties, as well as file and maintain a current “Trespass Arrest Authorization form” with the Poway Sheriff Station, in order to allow for enforcement of unlawful access. During active construction, all work locations shall be adequately secured from access. 27. During active construction, all work locations are encouraged to add security cameras to maintain safety and security of the property during non-working hours to the satisfaction of the Sheriff’s Crime Prevention Officer. Construction shall maintain an active list of all tools with make, model and serial number in case thefts occur after hours. Construction shall also consider adding engravings to declare ownership of tools or other materials. 28. The project shall be constructed according to Crime Free Multi-Housing standards. 29. The project shall create Neighborhood Watch and a Business Watch programs. J. Prior to occupancy, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The public improvements shall be installed and completed. 2. The driveway entrances along Poway Road will be required to provide enough clearance to prevent cars from bottoming out. This will also be applicable to the vertical curve at the bottom of the driveway that is to be used for the internal street. 3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 4. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 5. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 6. The stormwater facilities shall be complete and operational. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public and/or private improvements caused by construction activity from this project. Resolution No. 20-091 Page 23 8. All applicable easement dedications and maintenance agreements are to be recorded. 9.Two copies of record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. (Planning) 10. The Landscape and Site Plans shall indicate that sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. 11. Landscape, irrigation and exterior site amenities shall be installed prior to building permit final (certificate of occupancy) except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance. 12. A Comprehensive Sign Program (CSP) for the Site, including the signage criteria for future commercial tenants, shall be submitted to the City and approved to the satisfaction of the Director of Development Services within four months of final approval of the first building. With the exception of commercial tenant signage, all other project signage shall be finaled prior to occupancy. A phasing plan for the project signage installation may be approved to the satisfaction of the Development Service Director. The project shall have an on-site wayfinding sign program. On-site signs shall clearly direct drivers and pedestrians into and out of parking areas and to the shopping areas and plazas and include lighted directories. The installation of signs shall be under a separate Sign Permit. 13. Signage shall be installed to distinguish which areas on the site are open to the public. K. The following requirements shall be completed or maintained to the satisfaction of the Director of Public Works: 1. The water and sewer system and associated equipment and facilities shall be located and designed per City standards and specifications for a public sewer and water system with standard valves and backflow prevention devices, including shut-off valves at each building and hydrant valves outside the spray zone, to the satisfaction of the Director of Public Works and the Director of Safety Services. The water and sewer system shall be privately maintained by the Single-Owner or the HOA with emergency access and repair rights to the facilities to the satisfaction of the Director of Public Works and the Director of Safety Services. A Hold Harmless Agreement shall be notarized and recorded for emergency access and repair by the City. Maintenance and certifications of the water and sewer system Resolution No. 20-091 Page 24 shall be as required by the Director of Public Works and the Director of Safety Services. 2. All new sewer manholes identified as private shall not have City of Poway name on them. All new sewer manholes identified as public shall have City of Poway name on them. 3. Abandon unused sewer laterals at the sewer main (at the “Y”). 4. All onsite sewer mains shall have property line cleanouts installed at edge of Right- of-Way on Poway Road or Carriage Road. The Sewer main for this project shall be designated as private, not public. 5. Prior to occupancy, a private Sewer Maintenance Agreement shall be notarized and recorded for the future repair and rehabilitation of the proposed private sewer. The City will provide the template for the agreement. 6. Prior to occupancy, notarize and record a maintenance agreement for the on-going maintenance of the private street and access improvements, parking and other proposed paved areas, fencing, landscape and irrigation (private and within the public right-of-way along the property’s frontage), and recreational and other facilities as specified to be reviewed and approved to the satisfaction of the City Engineer and Director of Development Services. This maintenance agreement shall be adhered to by the Single-Owner or HOA and incorporated into the CC&Rs, if applicable to the satisfaction of the Director of Development Services and City Engineer. L. The following requirements shall be completed to the satisfaction of the Director of the Fire Department: 1. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal 2. Prior to the delivery of combustible building material on site, the approved vehicle access for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 100-feet of all fire department connections. Use of temporary vehicle access for firefighting shall require plan submittal, review and approval by the City. 3. Approved fire apparatus access roadways shall be provided for every facility, building or portion of a building. The fire apparatus access roadways shall extend to within 150-feet of all portions of the project and all portions of the exterior walls of the first story of all buildings as measured by an approved route around the exterior of the building or facility. 4. The project shall be accessible to Fire Department apparatus by way of access roads shall have an unobstructed, improved width of not less than 20 feet. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Fire apparatus Resolution No. 20-091 Page 25 access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. 5. The project 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. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. 6. The turning radius of a fire apparatus access road shall be a minimum of 28-feet as measured to the inside edge of the improvement width or as approved by the fire code official. 7. Fire apparatus access roads, including all private drives, shall not be obstructed in any manner, including the parking of vehicles. A minimum of 20-feet unobstructed access is required. All applicable areas shall be designated as “Fire Lanes” with appropriate signs and curb markings. 8. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. 9. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate. 10. The angle of departure and the angle of approach of a fire access roadway shall not exceed 7-degrees (12-percent) or as approved by the fire code official. 11. Approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. 12. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. 13. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet the standards approved by the fire code official and receive Specific Plan approval. Resolution No. 20-091 Page 26 All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual-mechanical disconnect in case of power failure. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be manually pushed open without the use of special knowledge or equipment. All automatic gates must meet fire department policies deemed necessary by the fire code official for rapid, reliable access. 14. Each building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. Each building address shall also be displayed on the roof in a manner satisfactory to the Fire Marshal, and meeting Sheriff Department-ASTREA criteria. 15. Prior to the delivery of combustible building material on site, the approved water service to all fire hydrants shall be connected to the public water supply, satisfactorily pass all required tests and be approved by the City. 16. The entire water system for the project shall be looped. The addition of on-site fire hydrants is required. Fire hydrants shall be located within 400 feet of any portion of the facility or buildings, with spacing between hydrants not to exceed 400 feet, as measured by an approved route of travel that a fire engine would travel. The Fire Marshal shall approve the location of all fire hydrants. 17. A water systems analysis will be required to establish available fire flow. The required fire flow shall be according to Appendix B of the 2019 California Fire Code and approved by the City. The water supply system will require approved improvements to include the addition of water mains and fire hydrants as determined and approved by the Fire Department and City Engineer. 18. Water main sizes and fire hydrant locations are conceptual only and shall be reviewed and approved by a separate plan submittal to the City of Poway. Reduced Pressure Detector Assemblies (RPDA) shall be used with the private fire service water main. All fire hydrants and backflow preventer devices (RPDA) installed in the City of Poway shall be per the City of Poway approved material list and current Supplemental Engineering Standards. 19. Fire protection systems and details are conceptual only and shall be reviewed and approved by separate plan submittal to the fire department. The fire department will review and inspect the backflow preventer devices (RPDA), fire sprinkler underground service, fire sprinkler systems, fire alarm systems, kitchen hood and duct systems, and any alternative fire suppression systems. The City of Poway, Development Services Division will review and inspect the private fire service water main and fire hydrants. Resolution No. 20-091 Page 27 20. All buildings are required to be equipped with an approved fire sprinkler system according to PMC requirements. The fire sprinkler system shall be designed to meet minimum design density at the roof per NFPA 13 requirements for all non- residential areas. The fire sprinkler system installed in the residential occupancies shall meet NFPA13R requirements. All systems are required to be monitored by a U.L. listed central station monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall approve the location of these fire protection devices prior to installation. A separate submittal, with applicable fees, for the underground fire service lateral connected to each separate fire sprinkler riser system is required. A separate plan submittal, with applicable fees, for each, separate building’s fire sprinkler system design is required. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. 21. All four-story buildings are required to be equipped with an approved Class 1 automatic wet standpipe system according to CFC and PMC requirements. The standpipe system shall be installed according to NFPA 14. A separate plan submittal, with applicable fees, for each, separate building’s Class 1 automatic wet standpipe system design is required. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. 22. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating “Fire Sprinkler Riser.” 23. A metal sign with raised letters at least one-inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. RPDA and FDC shall have approved address signage. 24. All buildings are required to be equipped with an approved automatic fire alarm system in accordance with the CFC. The systems shall be installed according to NFPA 72. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. Each building may require a separate plan submittal and fee. The Fire Department shall determine the number of separate plan submittals and separate fees based upon proposed system design. 25. A hood and duct extinguishing system shall be installed for all commercial cooking facilities within a kitchen area. A plan submittal to the fire department is required prior to installation. 26. A ‘Knox’ Security Key Box shall be required for each building at locations determined by the City Fire Marshal. 27. If an elevator is installed in a building, at least one shall be sized to accommodate a normal ambulance gurney. Minimum dimensions for the inside car platform shall meet the “Medical” size standards per the California Building Code. 28. Smoke alarms shall be installed in all residential bedrooms and adjoining hallways. The smoke alarms shall be hard-wired, with a battery backup, and shall be Resolution No. 20-091 Page 28 interconnected in such a manner that if one detector activates, all detectors activate. Carbon monoxide alarms shall be installed in residential hallways adjoining bedrooms. The carbon monoxide alarms shall be hard-wired, with a battery backup, and shall be interconnected in such a manner that if one detector activates, all detectors activate. M. The following requirements shall be adhered to upon establishment of land uses and occupancy is granted to the satisfaction of the Director of Development Services: 1. All physical elements of the project, excepting improvements for buildings, including public street improvements, shown on the approved building, landscape, grading, improvement and related plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. Proper drainage shall be maintained throughout this subdivision as to prevent ponding and/or storage of surface water and shall be in compliance with the NPDES permit to the satisfaction of the Water Quality Coordinator and the City Engineer. 3. The ground-floor 11,364 square-foot retail and restaurant space shall be limited to commercial uses permitted within the underlying zone to the satisfaction of the Director of Development Services. The community benefits for the project include a “restaurant row” that includes two restaurants on-site. These community benefits must remain in place unless an alternative community benefit is provided and approved by City Council. The combined seating for the two restaurant uses shall maintain a minimum interior seating capacity of 80 persons. 4. Outdoor dining furniture shall comply with the following: a. Furniture and fixtures should be of high quality, aesthetically appealing, durable, and of sturdy construction, able to withstand strong winds without falling over. b. Maintain outdoor furniture at all times and ensure it is free of fading, corrosion, splinters, dents, tears, and chipped paint. c. Prohibited furniture includes flimsy plastic tables and chairs, unfinished wooden materials, and sofas. d. Do not store outdoor dining furniture in the public-right-of-way overnight. e. Seating should contribute to an inviting atmosphere that encourages outdoor dining. 5. Covenants, Conditions and Restrictions (CC&Rs) or other agreement approved by the City shall be submitted to the City for review and approved to the satisfaction of the Director of Development Services and shall be written to the satisfaction of the Director of Development Services and the City Engineer. The CC&Rs shall Resolution No. 20-091 Page 29 include the conditions herein to the satisfaction of the Director of Development Services and shall be recorded prior to or concurrent with the final map and shall include, but not be limited to, the following: a. The formation of a homeowner’s association (HOA) with maintenance responsibilities is required, unless project site is under single ownership (Single-Owner herein). b. All uncovered parking spaces shall remain unassigned and open to use by the residents, guests, retail customers and quasi-public plaza visitors. c. A Best Management Practices (BMP’s) and a Private Driveway and Drainage Maintenance Agreement to the satisfaction of the City Engineer. The maintenance and the preservation of drainage and BMP facilities shall be included. d. The CC&Rs shall identify and implement the BMP’s identified in the SWQMP prepared for this project and state that the Developer, Current and Future Property Owners shall comply with the recommendations of the SWQMP prepared for this project to the satisfaction of the Water Quality Program Coordinator and the City Engineer. Funding of the long-term maintenance of all facilities required by the SWQMP shall be included in the annual HOA or Single-Owner budget. e. The CC&Rs shall include on-going maintenance of landscaping and irrigation (private and within public right-of-way) of parkways, the public open space areas as illustrated on approved landscape and irrigation plans on file at the Development Services Department. A copy of these plans shall be included in the CC&Rs. All landscaping shall be well maintained in a healthy growing condition at all times in substantially the same condition as approved in accordance with the approved landscape and irrigation plans. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The HOA or Single- Owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. An Encroachment, Maintenance, and Removal Agreement shall be notarized and recorded prior to recordation of the final map or building permitting. The City will provide the template for the agreement. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove Resolution No. 20-091 Page 30 more than 25 percent of the trees' leaf surface. f. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design. g. Immediate removal of graffiti and any other type of offensive debris is required. h. The exterior colors and materials shall be substantially consistent with the color and material board submitted with the application to the satisfaction of the Director of Development Services. Any modifications to the color and materials sample board shall be submitted for review and approved to the satisfaction of the Director of Development Services. i. All garage doors shall be automatic roll-up type doors and equipped with remote control devices. j. All garages shall be available for required off-street parking. The minimum size of a garage shall be 10-foot-wide by 20-foot-deep interior clear space. Minor projections are permissible into this space where it can be found that the projections would not hinder the placement of a vehicle within the area. k. No parking is permitted within the Town Center interior street, drive aisles, pedestrian pathways, or designated fire lane area at any time. Parking on- site is only permitted within designated parking spaces and within the dwelling units’ garages. l. No on-site parking spaces that are not within a garage shall be assigned. m. Maintain the drainage facilities and any access easements (where they occur) on the property. n. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. o. The property shall comply with all performance standards relating to the generation of noise, glare, dust, and odor. p. If any fire hydrant is taken “OUT OF SERVICE,” the Fire Department shall be notified immediately and the hydrant marked, bagged, or otherwise identified as “OUT OF SERVICE” as directed by the Fire Marshal. q. Designated fire apparatus streets and turn-arounds shall be maintained accessible and usable by emergency vehicles. Usable conditions include, but are not limited to, the following: i. An all-weather road surface shall be maintained. Resolution No. 20-091 Page 31 ii. Road shall support imposed loads of fire apparatus at 75,000 pounds. iii. No parking-fire lane signs shall be repaired or replaced as needed. iv. Fire lanes shall remain free at all times of any obstruction including but not limited to: vehicles, storage, debris, etc. v. Fire lane or hammerhead turn-around shall maintain an unobstructed width of 20 feet and a minimum 13’ 6” vertical clearance. vi. Grades exceeding 12 percent shall be concrete with a deep broom finish perpendicular to the access roadway. vii. Fire Department approval and conditions are required for fire apparatus access roads with grades between 10 percent and 20 percent. viii. All required fire access roads and turn arounds shall have a minimum 28 foot turning radius or as approved by the fire code official. r. Wood burning devices are prohibited. s. Safety features including fire sprinklers, ignition resistant construction, smoke and carbon monoxide detectors and fire resistive landscaping shall be maintained in accordance with California Fire Code, California Building Code, California Vehicle Code (fire lanes), City Municipal Code and any other applicable codes. t. All trash and recycling receptacles are prohibited in parking areas, including covered parking areas, and are required to be within the individual residences of the proposed planned development at all times, except where sufficient trash enclosures are provided. u. Rooftop mechanical equipment, including but not limited to heating, air conditioning and ventilating equipment, shall be screened so that it may not be seen from the level of adjacent streets and sidewalks. v. The use of barbed wire or razor ribbon on any fences, gates, or walls is prohibited. w. Ongoing maintenance of the onsite private sewer and water systems are required to the satisfaction of the Director of Safety Services and the Director of Public Works. x. All private and quasi-public open space areas shall be well maintained at all times (e.g., bike racks, barbeques, tables, landscape, signage, and public art features). Resolution No. 20-091 Page 32 y. All gates and fences on the properties shall be regularly maintained, secured and repaired. All gates granting access to City utility easements shall be maintained and accessible to City of Poway staff with use of a City approved padlock, issued or placed by Poway’s Public Works Department. z. New swimming pools shall be covered when not actively in use as required by the California Energy Code. aa. All swimming pools shall be adequately secured from access and maintained in a safe condition. Inspection staff employed with the County of San Diego Vector Control Division shall be granted regular access to inspect swimming pools and landscaping ponds on the properties as needed or investigate other vermin/vector related concerns on the properties. bb. Signs prohibiting recreational vehicles or trailers shall be posted within parking areas. Signs shall indicate the consequences of violating the statute (towing, fines or citations), as well as the tow company's phone number. cc. The CC&Rs shall clearly establish the responsibilities of the individual homeowners and the HOA or Single-Owner with regard to the continuing maintenance and preservation of the project. dd. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the homeowners fail or refuse to maintain said facilities. ee. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City. ff. The quasi-public open space areas shall be well maintained at all times (e.g., bike racks, water feature, shade structure, play equipment, game tables, landscape, signage, and public art features). SECTION 8:The approval of TTM20-003and DR20-002shall expire December 1, 2022, at 5:00 p.m., unless prior to that time the final map is recorded and a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City may approve the parcel map before this approval expires. // // //