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Res P-06-34 RESOLUTION NO. P-06-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05-05M AND DEVELOPMENT REVIEW 05-07R ASSESSOR'S PARCEL NUMBER 323-481-08 WHEREAS, on January 17, 2006, the City Council approved Conditional Use Permit (CUP) 05-05 and Development Review (DR) 05-07, a request by Ocean Park Hotels for approval to construct a 3-story hotel having up to 111 rooms and 2,400 square feet of meeting space, and a separate 5,700-square-foot, sit-down restaurant, on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, within the South Poway Planned Community zone. The Land Use Designation of the site is South Poway Commercial; and WHEREAS, Ocean Park Hotels has submitted a request for revisions to the site plan and the hotel floor plan and architecture; and WHEREAS, on June 20, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, subsequent environmental review, or notice, is not required since the project is within the scope of the Negative Declaration that was adopted in conjunction with the original approval of CUP 05-05 and DR 05-07 on January 17, 2006. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for the approval of Conditional Use Permit 05-05M for the development of a 3-story hotel and a separate restaurant, on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, are made as follows: A. The size and design of the hotel and restaurant are appropriate for the use and location, and is a permitted use in an area having a Land Use Designation of South Poway Commercial with the approval of a Conditional Use Permit. Therefore, the proposed location, size, design and operating characteristics of the hotel and restaurant are in accord with the title and purpose of Section 17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, the South Poway Specific Plan and the development policies and standards of the City. B. The hotel and restaurant have been designed to comply with the South Poway Development Standards and will be consistent with surrounding development. Resolution No. P-06-34 Page 2 Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources. C. The hotel and restaurant will meet standards for scale, coverage and density. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. D. There are public facilities, services and utilities available to the site. E. The hotel and restaurant have been designed to comply with the South Poway Standards and the use will be compatible with surrounding development. Therefore, there will be no harmful effect upon desirable neighborhood characteristics. F. The hotel and restaurant use will not result in a significant impact on the character or the intensity of the transportation system in the vicinity and is found to be consistent with the Circulation Element of the General Plan. G. The hotel and restaurant use is allowable on land designated as South Poway Commercial and the property is located in an area with suitable circulation and other infrastructure. The surrounding development is compatible with a hotel use. Therefore, the site is suitable for the hotel. H. The use involves no hazardous materials or processes, nor does it significantly affect natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I. There are no other relevant negative impacts of the proposed use that cannot be mitigated. J. The impacts, as described above, and the proposed location, size, design and operating characteristics of the proposed use, and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan or the South Poway Specific Plan. K. The proposed conditional use will comply with each of the applicable provisions of Section 17.48.070 of the Poway Municipal Code with regard to current development standards. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for Development Review 05-07R for the construction of a 3-story hotel and a separate restaurant, on the northeast corner of the intersection of Scripps Poway Parkway and Stowe Drive, are made as follows: Resolution No. P-06-34 Page 3 A. The hotel and restaurant have been designed to comply with the development standards of the South Poway Specific Plan. It will not create a negative visual impact as viewed from the street and neighboring properties. Proposed landscaping will soften the building from such views. Exterior building colors and materials will help the hotel blend in with surrounding development. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The hotel and restaurant have been designed to comply with the development standards of the South Poway Specific Plan and be in character with existing development in the area. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City, along with associated facilities, such as, but not limited to, signs, landscaping, parking areas and streets. C. There are public facilities, services and utilities available. No significant traffic impacts will occur with this development. The project will otherwise conform to all City Ordinances. Therefore, the proposed project does not detract from the maintenance of the public health, safety and general welfare, and property throughout the City. D. The hotel and restaurant are designed to be consistent in design with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of developments. E. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F. The proposed project will comply with all of the provisions of the Zoning Ordinance, the South Poway Specific Plan and the General Plan. Section 4: Pursuant to Government Code Section 66020, the public improvements for Conditional Use Permit 05-05M and Development Review 05-07R are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the South Poway Specific Plan, as well as City Ordinances, because all necessary services and facilities are available to serve this project. The payment of sewer fees is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. The project requires payment of sewer fees, which are assessed on a pro- rata basis to finance and provide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Resolution No. P-06-34 Page 4 2. The project also requires the offer of a dedication of property for a public right-of-way in the driveway areas, which allows for optimum future circulation to promote a safe and healthy environment for the City. Section 5: The City Council hereby approves Conditional Use Permit 05-05M and Development Review Permit 05-07R, a proposal for revision to a previously approved project consisting of a 3-story hotel and a separate restaurant, as shown on the plans dated June 6, 2006. The project is located on the northeast corner of the intersection of Stowe Drive and Scripps Poway Parkway, within the South Poway Planned Community zone. The approval is subject to the following conditions: A. Compliance with the Conditions of Approval contained in Resolution P-06-03 is required, incorporated herein by reference, unless otherwise stated herein. B. Condition of Approval LA of Resolution P-06-03 is replaced as follows: Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows, and are subject to change without further notice with the exception of water meter, connection, and expansion fees. The amounts to be paid shall be those in effect at time of payment. A minimum of two water meters shall be installed for the project, i.e., one potable meter and one reclaimed meter. Water base capacity fee (Resolution No. 91-123) For 0/.," meter For 1" meter For 1;;''' meter For 2" meter Other meter sizes = $ 3,710.00 per meter = $ 6,678.00 per meter = $ 10,388.00 per meter = $ 16,694.00 per meter = Contact Engineering Division Water meter fee (Resolution No. 91-123) For 0/." meter For 1" meter For 1 y," meter For 2" meter Other meter sizes = $ 130.00 per meter = $ 270.00 per meter = $ 600.00 per meter = $ 800.00 per meter = Contact Engineering Division SDCWA System capacity charge - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/.," meter For 1" meter = $ 4,154.00 per meter, effective 8-1-05 = $ 6,646.00 per meter, effective 8-1-05 For 1;;''' meter For 2" meter Other meter sizes Resolution No. P-06-34 Page 5 = $12,461.00 per meter, effective 8-1-05 = $21,599.00 per meter, effective 8-1-05 = Contact Engineering Division SDCWA Treatment capacity charge - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For :y." meter For 1" meter For 1 Y2" meter For 2" meter Other meter sizes = $159.00 per meter, effective 8-1-05 = $255.00 per meter, effective 8-1-05 = $478.00 per meter, effective 8-1-05 = $829.00 per meter, effective 8-1-05 = Contact Engineering Division Sewer connection fee = $279,828.00. . {(494 fixture units + 4) x $2356} - $11,138.00 = $279,828.00 Note: If the sewer reservation fee of $52,774.40 is already paid prior to Building Permit issuance, the amount of $279,828.00 will be adjusted accordingly. where: 494 fixture units = no. of fixture units (per Shonda of PK Architects) 4 fixture units = 1 EDU $ 2356.00 = sewer connection fee per EDU $11,138.00 = sewer connection fee credit (previously paid by others) Note: Sewer connection fees may be to each component of the project and may be adjusted as fixture counts change. The final fee amount will be calculated at the time of payment, based on the final fixture count. Sewer cleanout fee = $50.00 per cleanout Sewer cleanout inspection fee = $25.00 per cleanout Traffic mitigation fee Drainage fee Park fee = None = None = None C. The building plan check submittal for the hotel building shall include detailed information on exterior colors, which are to be consistent with the exterior colors Resolution No. P-06-34 Page 6 originally approved with CUP 05-05 and DR 05-07, to the satisfaction of the Director of Development Services. Section 6: The approval of Conditional Use Permit 05-05M and Development Review 05-07R shall expire on June 20, 2008, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance of the CUPIDR approval has commenced prior to its expiration. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on June 20, 2006. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 20th day of June 2006. ATTEST: '1~~ L. Diane Shea, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-06-34 was duly adopted by the City Council at a meeting of said City Council on the 20th day of June 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~.b~ City of Poway