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Res P-06-52 RESOLUTION NO. P-06-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 06-06 AND DEVELOPMENT REVIEW 06-03 ASSESSOR'S PARCEL NUMBER 317-810-15 WHEREAS, the applicant proposes under Conditional Use Permit 06-06 and Development Review 06-03 the establishment of an approximate 15,OOO-square-foot construction contractor's office with an outdoor storage yard on an approximate 1-acre site located at 13795 Blaisdell Place, in the Light Industrial/Outdoor Storage (U/S) zone in the South Poway Business Park; and WHEREAS, on November 14, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 of the CEQA Guidelines in that the project consists of an infill project as defined in the CEQA Guidelines. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for the approval of Conditional Use Permit 06-06 for the establishment of a construction contractor's office with an outdoor storage yard in the U/S zone, are made as follows: A. The proposed use is appropriate for the location, and is a permitted use in an area having a land use designation of Light Industrial/Outdoor Storage (U/S) with the approval of a Conditional Use Permit. Therefore, the proposed location, size, design and operating characteristics of the use 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 project has been designed to comply with the South Poway Development Standards and will be consistent with surrounding development. Therefore, the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources. C. The project meets 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. Resolution No. P-06-52 Page 2 E. The project has 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 project 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 proposed use is allowable on land designated as L1/S and the property is located in an area with suitable circulation and other infrastructure. The surrounding development is compatible with the proposed use. 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 06-03, for the construction of an approximate 15,000- square-foot building for a construction contractor's office with an outdoor storage yard, are made as follows: A. The project has 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. Adequate screening of the outdoor storage area will be provided. The design of the building is consistent with other projects in the area. Therefore, the building respects the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to comply with the development standards of the South Poway Specific Plan and to 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 Resolution No. P-06-52 Page 3 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 project has been 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 06-06 and Development Review 06-03 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. Section 5: The City Council hereby approves Conditional Use Permit 06-06 and Development Review Permit 06-03, a proposal to establish an approximate 15,000- square-foot construction contractor's office with an outdoor storage yard on an approximate 1-acre site located at 13795 Blaisdell Place, in the Light Industrial/Outdoor Storage (L1/S) zone in the South Poway Business Park. The approval is subject to the following conditions: A. Prior to Grading Permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: (Engineering) 1. Submittal to the City for review and approval of precise grading plans, erosion control plan, Storm Water Pollution Prevention Plan (SWPPP), Grading Permit application and geotechnical report/s to the Development Services Department. Resolution No. P-06-52 Page 4 Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, City Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance and the South Poway Specific Plan. 2. This project is subject to post-SUSMP regulations. An attached "City of Poway Standard Urban Stormwater Mitigation Plan (SUSMP)" checklist shall be filled out and returned by the applicant. The applicant shall justify the Best Management Practices (BMP's) used to satisfy the SUSMP requirements and they shall be approved by the City Engineer. 3. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. All parking stalls shall comply with City minimum dimensional standards and shall be double striped. Striping shall be shown on the grading plan and on the site plan included with the building plan check submittal. 4. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. 5. Drainage catch basins, inlets, grate basins or similar structures shall be designed to be equipped with structural BMP's for the interception of pollutants and/or sediments before leaving the project site. BMP's are subject to review and approval by the City. 6. All driveway approaches to the development shall be with alley-type curb returns. 7. Erosion control, including, but not limited to, de-silting basins, shall be installed and maintained. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to ensure proper maintenance of all erosion control devices. 8. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe Development Services Department for any work to be done in a public street right-of-way or City-held easement. 9. The applicant/developer shall pay the following: Grading Permit = $100.00 per permit Grading plan check guideline: = To be determined based on the following Resolution No. P-06-52 Page 5 If cost of improvement is: $1 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 Over $500,000 = fee is 5% ($500 min.) = add'j fee of 4% of cost = add'l fee of 3% of cost = add'l fee of 2% of cost = Time and materials (T&M)* * If project qualifies forT&M, applicant/developer shall post a deposit, the amount of which shall be determined by the City. This deposit shall be the source for the City to draw out amounts to pay for plan checking review and inspection fees. Grading Inspection = To be determined, same basis as in grading plan check fee calculation (See grading plan check fee guideline above ). Geotechnical Reviews = $360.00 per review Plan check and inspection fees are to be calculated based on City approved cost estimates, using the City's adopted unit costs, prepared by the applicant's project Civil engineer. 10. Posting of grading securities (either by bond and cash, letter of credit, or certificate of deposit) 11. City approval of soils report and grading plans. 12. Submittal of a request for and hold a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils engineer must attend the pre-construction meeting. (Planning) 13. Complete landscape construction documents shall be submitted to and approved by the Planning Division. This shall be a separate package (Le., not included in the building plans) submitted to the Planning Division. Landscape plan-check fees are required upon submittal of the plans. Plans shall be prepared in accordance with the South Poway Development Plan and the City of Poway Guide to Landscape Requirements (latest edition) and include the following: a. Street trees, a minimum of 15-gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements, and shall be planted at an average of 30 feet on-center Resolution No. P-06-52 Page 6 spacing along all streets. If there are existing street trees, which comply with the standard, no additional trees are required. Existing street trees are to be shown on the landscape plan. b. Landscaping adjacent to the project driveways shall comply with the City's sight distance requirements and shall be maintained as such for the life of the project. Any existing landscaping that might obstruct clear sight distance shall be trimmed or removed. c. Outdoor eating areas, with improvements, for employees shall be provided and shown on the plans. d. The outdoor storage area shall be adequately screened from public view with the aid of solid walls and landscaping. The landscape plan shall show screening landscape. 14. Use of recycled water will be required for on-site landscape irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority user supervisor class. County of San Diego Department of Environmental Health will assess fees for the following activities: a. Site Plan Check $400 avg. costs. b. Shut Down Test.. $320 avg. costs. c. Title 22 Inspection $ 80 avg. costs. .Based on full cost recovery, actual fee amount may vary. ..Shut down test is required at initial installation and at least every four (4) years on sites with both recycled and potable water. B. Prior to the construction of public improvements, unless other timing is indicated, the applicant/developer shall complete the following: (Engineering) 1. Submittal to the City for review and approval of improvement plans to the Development Services Department for approval of the following improvements: a. Detention Basin modification - Modification of the existing detention basin #6 to the satisfaction of the City Engineer, if chosen by developer/applicant to be the location for SUSMP compliance for the project. The applicant/developer's civil engineer shall analyze the adequacy of the basin for such use. Analysis and proposed Resolution No. P-06-52 Page 7 modification shall be subject to review and approval by the City Engineer. 2. Improvements shall be constructed in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, the current San Diego Regional Standard Drawings and the South Poway Specific Plan. 3. The applicant/developer shall pay the following fees and post or pay appropriate securities: Improvement plan check = To be determined based on the following guideline: If cost of improvement is: $1 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 over $500,000 = fee is 5% ($500 min.) = add'l fee of 4% of cost = add'l fee of 3% of cost = add'l fee of 2% of cost = Time and materials (T&M) Improvement Inspection = To be determined, same basis as in improvement plan check fee calculation. Plan check and inspection fees are to be calculated based on City approved cost estimates, using the City's adopted unit costs, prepared by the applicant's project Civil engineer. 4. Posting of performance and payment securities. The City Engineer may waive these securities if a substantial amount of grading is completed prior to the installation of public improvements and there is a sufficient amount of grading securities still held by the City to complete the remainder of the grading works and public improvements. 5. Right-of-Way Permits ($50.00 for each Right-of-Way Permit, if needed) for any work to be done in a public street or City-held easement. 6. No private improvements shall be placed or constructed within public street rights-of-way or City easements unless anyone of the following is satisfied: a. An Encroachment Maintenance and Removal Agreement has been executed by the developer/owner and subsequently approved by the City; or Resolution No. P-06-52 Page 8 b. Approval of grading or improvement plans, on which a Right-of-Way Permit has been issued for the private improvements shown to be constructed. However, the City, reserves the right to require the execution of an encroachment maintenance and removal agreement. 7. The following easements shall be superimposed on the site plan from the November 28, 2005, New Century Title Company Report 6050544-LC, Schedule 8, Part II: Items 3, 5, 6, and 8. C. Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be satisfied: (Engineering) 1. Completion of and approval by the City of rough grading of the project site. 2. City approval of the soil's compaction report. 3. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. 4. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Separate water meters shall be installed for domestic and irrigation (reclaimed water) use. Water base capacity fee - Applicant to inform the City of the size and number of water meters to be set. For 1" meter = $ 6,678.00 per meter For 11/2" meter = $10,388.00 per meter Other meter sizes = Contact Engineering Division Water meter fee - Applicant to inform the City of the size and number of water meters to be set. Two water meters (one for domestic use and one for reclaimed/irrigation use) per parcel, unless property owner's association maintains the overall landscaping, of which the association determines the number of reclaimed/irrigation meters needed. For 1" meter = $ 270.00 per meter For 1-1/2" meter = $ 600.00 per meter Other meter sizes = Contact Engineering Division Resolution No. P-06-52 Page 9 SDCWA capacity charge (applicable to potable/domestic water only) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 1" meter = $6,646.00 per meter For 11/2" meter = $12,461 per meter Other meter sizes = Contact Engineering Division WATER TREATMENT CAPACITY CHARGE For 1" meter For 11/2" meter = $255.00 = $478.00 Sewer connection fee $3870 based on figures from the Parkway Business Centre (TM 87-13) spreadsheet of Letters of Availability (LOA) Sewer c1eanout fee = $50.00 per c1eanout, if needed Sewer cleanout inspection fee = $25.00 per cleanout Park fee Park land was already dedicated per Resolution P-97-10 Drainage fee Waived by Resolution P-97-10 Traffic Mitigation Fee (TMF) Waived by Resolution P-97-10 (Planning) 5. The plans shall show all new and existing utilities placed underground. 6. School impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570. 7. Trash receptacles shall be enclosed by a six-toot-high masonry wall, or comparably enhanced building material, with view-obstructing gates. The trash enclosure shall include space for the collection ot recyclable materials. Enhanced exterior treatments to the trash enclosure shall be provided and shall be architecturally compatible with the buildings. Locations and exterior treatments shall be subject to approval by the Development Services Department - Planning Division. Resolution No. P-D6-52 Page 10 8. The colors on the building shall be consistent with the approved colors on file in the Development Services Department - Planning Division. 9. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided, and be separated from vehicular areas by a six-inch-high, six-inch-wide Portland concrete cement curb. For parking lot islands the minimum landscape width shall be four (4) feet. 10. All two-way traffic aisles shall be a minimum of 25 feet wide. 11. All parking spaces shall be double striped and shall be shown on the site plan included with the building plan check submittal. The minimum dimensions for standard-sized parking stalls shall be 8.5 feet x 18.5 feet. The parking lot design shall comply with the Americans with Disabilities Act (ADA) for accessible spaces, with one van-accessible space. 12. Parking lot lights shall be low-pressure sodium, and have a maximum height of 25 feet from the finished grade of the parking surface, and be directed away from all property lines, adjacent streets, and buildings on adjacent lots. 13. Any proposed security lighting shall utilize low-pressure sodium fixtures. The fixtures shall be shielded, with well-defined cut-off limits, to confine illumination to on-site areas only. Wall mounted security lights shall only be used on the rear or interior sides of buildings. 14. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. D. Prior to the City's approval of occupancy and release of securities, unless other timing is indicated, the following conditions shall be satisfied: 1. Construct curb, gutter sidewalk and ADA ramps along project street frontage to the satisfaction of the City Engineer. 2. City approval of record drawings of the grading and improvement plans. 3. Dedication of easements to the City for new public water lines, public utility or general utility easements, landscape maintenance easement and public pedestrian walkway access easement. 4. Posting of a warranty security for the public improvements. Resolution No. P-06-52 Page 11 5. Submittal of an agreement for maintenance, repair and replacement of storm water Best Management Practices (BMPs) as required per City Ordinance No. 569 if SUSMP compliance is privately maintained, i.e., BMPs included in project site. 6. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. 7. Performance securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 8. Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after City's acceptance of improvements, posting of warranty security, and approval of record drawings. (Planning) 9. Development of the site shall be in full conformance with the approved site plan on file with the City. 10. All permanent landscaping and an automatic irrigation system for landscaping shown on the approved landscaping plan shall be installed and operational at the time of final inspection. E. The applicant shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 18 inches on the front fa9lide of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emerqencv access. In most cases, City Engineering standards will be more restricting. The more restrictive Resolution No. P-06-52 Page 12 standard shall apply. The City Engineer, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 4. The building will be required to install an approved fire sprinkler system meeting Poway Municipal Code requirements. The building sprinkler system shall be designed to meet a minimum .45/3000 design density at the roof. Storage of Class A plastics up to 15 feet high shall be protected by a design density of at least .60/4000 square feet if no in-rack sprinklers are to be provided. The entire system is to be monitored by a central monitoring company. Double detector check valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler Systems" . 5. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a UL listed central station alarm company or proprietary remote station. 6. A Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A padlock shall be required for the fire sprinkler system post indicator valve. 7. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 8. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 9. Minimum 4A:60BC fire extinguisher required for every 3,000 square feet and 75 feet travel distance. A 2A 1 OBC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 10. If an elevator is installed, it shall be sized to accommodate a normal hospital gurney. Minimum dimensions for the inside car platform shall be 6'8" wide by 4'3" deep. 11. The applicant shall provide a detailed plan for all storage areas and a complete racking plan. 12. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. Resolution No. P-06-52 Page 13 13. Material safety data sheets shall be required for all hazardous and/or toxic substances used in each building. 14. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 15. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 16. N.F.PA Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 17. The buildings shall be provided with approved automatic smoke and heat vents. 18. A water systems analysis will be performed to establish available fire flow. 19. All electrically operated access gates shall be equipped with a Knox over-ride switch. Contact the Poway Fire Department to order the appropriate hardware. 20. Contractor shall ensure that conflicts between sprinkler head locations and roof-venting appurtenances (heat & smoke venting, turbines and sky lights) do not exist. 21. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door. 22. For any roofing that requires "hot work", a permit shall be obtained from the Fire Department prior to the start of roofing. Provide note on plans. F. Upon establishment of the use pursuant to this approval, the following shall apply: 1. Outdoor storage areas shall be limited to the areas delineated on the approved site plan. Other areas of the site designed for parking and Resolution No. P-06-52 Page 14 vehicular circulation shall be maintained as such and shall not be used for outdoor storage. The expansion of outdoor storage areas may be permitted as part of an amendment to the CUP and may be approved administratively as determined by the Director of Development Services. 2. Stacking of construction materials shall be limited to the height of the screening walls around the site. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The 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. Unnatural or excessive pruning, including topping, is not permitted. 4. Any signs proposed for this development shall be designed and approved in conformance with the South Poway Specific Plan Standards under a separate Sign Permit. Section 6: The approval of Conditional Use Permit 06-06 and Development Review 06-04 shall expire on November 14, 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 gO-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 November 14, 2006. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 14th day of November 2006. ATTEST: ak~~~ Resolution No. P-06-52 Page 15 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-06-52, was duly adopted by the City Council at a meeting of said City Council held on the 14th day of November 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~"~~ City of Poway